A. Bringing and Drinking Liquor in Public Places and Public Order

A. Bringing and Drinking Liquor in Public Places and Public Order

In Hong Kong, there is no single law that generally prohibits a person from merely carrying or bringing liquor in all public places. Likewise, there is no blanket law that makes drinking alcohol unlawful in every public place. However, this does not mean that bringing or drinking liquor is freely allowed without restriction in any public places. Whether liquor may be brought into or consumed at a particular place depends on the rules governing that venue, including by-laws, conditions of entry, house rules, and other legislation.

Restrictions on bringing liquor into particular venues

As a general matter, simply possessing or carrying liquor in a public place is not, by itself, unlawful. Even so, some places may prohibit or restrict the bringing in of liquor because of their function, management needs, or public safety concerns. For example, certain government premises, leisure and cultural venues, sports grounds, event venues, and other managed public spaces may impose entry rules that forbid visitors from bringing liquor onto the premises.

For example, under regulation 10A of the Stadia Regulation (Cap. 132BY), no one is allowed to bring anything that contains intoxicating liquor into a stadium unless he has permission from the manager, and he must follow any conditions the manager sets.

Restrictions on drinking liquor in particular venues

Drinking liquor is also subject to venue-specific controls. Taking the MTR as an example, under by-law 27 of the Mass Transit Railway By-laws (Cap. 556B), passengers are not allowed to eat or drink (including alcoholic drinks) in paid areas (including platforms and train compartments). Breaching these rules may result in prosecution or a fine. Similar restrictions may also exist in other premises under their own governing rules.

Public drinking and public order

Even where there is no express rule against bringing or drinking liquor, a person’s conduct remains subject to the general law. If someone, while drinking, shouts loudly, harasses others, fights, behaves in a disorderly or indecent manner, or becomes a danger to themselves or others due to intoxication, they may be in breach of other laws. In other words, the law may not prohibit “drinking” as such, but if a person’s behaviour after drinking affects public peace, order, or safety, they may incur legal liability.

For example, if someone, due to intoxication, causes trouble in a public place, engages in disorderly conduct, or even gets into a conflict with others, this may involve offences under the Summary Offences Ordinance (Cap. 228). If the conduct is more serious, it may also constitute other criminal offences, such as common assault, criminal damage, or other offences related to behaviour in public places.

Drunkenness and disorderly conduct under the Summary Offences Ordinance

Under the Summary Offences Ordinance:

• Any person found drunk in a public place, or drunk on premises with liquor licences, is liable to a fine of $50 (section 28(1)).
• Any person who, while drunk, behaves in a riotous or disorderly manner in a public place is liable to a fine of $250 or imprisonment for 2 months (section 28(2)).

The word "drunk” refers to someone who has taken intoxicating liquor to an extent which has affected his steady self-control.

Intoxication on aircraft

Under section 12B(5) of the Aviation Security Ordinance (Cap. 494), a person commits an offence if, without a reasonable excuse, he boards an aircraft while intoxicated or become intoxicated during the flight under the influence of alcohol to such an extent that they endanger, or are likely to endanger, the safety of the aircraft, any person, or any property on board, or seriously disrupt good order and discipline on the aircraft. The maximum penalty upon conviction is a fine of $50,000 and imprisonment for 2 years.

Therefore, when drinking in public places, members of the public should not only check whether drinking is permitted at the venue, but also avoid, due to intoxication, disturbing others, disrupting public order, or endangering safety.