G. Raking through or removing refuse

G. Raking through or removing refuse 

Section 4(32) of the Summary Offences Ordinance (Cap. 228) is designed to restrict scavenging and ensure the orderly disposal of waste. The offence is committed if a person, without lawful authority or reasonable excuse, rakes through, picks over, or removes any refuse that has been deposited in or on any public place, on vacant land, at a refuse depot, or in any dust bin, dust box, dust basket or dust cart located in or on a public place, vacant land or refuse depot. The penalty is a fine of $2,000 and imprisonment for 3 months. 

While the Summary Offences Ordinance provides a general control, section 11 of the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132BK) provides a more expansive and modern regulatory mechanism. The offence is committed if a person, without lawful authority or reasonable excuse, rakes, picks over, or grubs in any waste deposited in any place, or removes or scatters any waste so deposited. The penalty is a fine of $5,000 on a first conviction and a fine of $10,000 on a second or subsequent conviction.