Fixed Penalty (Public Cleanliness Offences) Ordinance


Published: 2002-05-27

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Cap 570 - FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE 1

Chapter: 570 FIXED PENALTY (PUBLIC CLEANLINESS
OFFENCES) ORDINANCE

Gazette Number Version Date


Long title L.N. 52 of 2002 27/05/2002


An Ordinance to provide for a fixed penalty to be payable for certain offences, for the recovery of the fixed penalty,
and for connected purposes.


[27 May 2002 ] L.N. 52 of 2002


(Originally 24 of 2001)

Part: 1 PRELIMINARY L.N. 52 of 2002 27/05/2002




Section: 1 Short title L.N. 52 of 2002 27/05/2002


(1) This Ordinance may be cited as the Fixed Penalty (Public Cleanliness Offences) Ordinance.
(2) (Omitted as spent)


Section: 2 Interpretation L.N. 52 of 2002 27/05/2002


(1) In this Ordinance, unless the context otherwise requires-
"fixed penalty" (定額罰款), in relation to a scheduled offence, means the fixed penalty set out opposite to the offence

in column 4 of Schedule 1;
"proceedings" (法律程序) means proceedings before a magistrate in respect of a scheduled offence;
"scheduled offence" (表列罪行) means an offence that is described in columns 2 and 3 of Schedule 1.

(2) A description in column 3 of Schedule 1 indicates for convenience of reference only the general nature of
the offence under the provision set out opposite to that description in column 2 of the Schedule.

(3) In applying a provision of this Ordinance in relation to a scheduled offence-
(a) a reference to "Authority" in that provision shall be construed as a reference to the Authority set out in

column 2 of Schedule 2 opposite to the offence; and
(b) a reference to "public officer" in that provision shall be construed as a reference to a public officer set

out in column 3 of Schedule 2 opposite to the offence.

Part: 2 FIXED PENALTY L.N. 52 of 2002 27/05/2002




Section: 3 Fixed penalty notice given by public officer L.N. 52 of 2002 27/05/2002


(1) If a public officer has reason to believe that a person is committing or has committed a scheduled offence,
he may give the person a notice in the prescribed form offering him an opportunity to discharge his liability to
conviction for that offence by payment of the fixed penalty for that offence.

(2) A notice under subsection (1) shall be given by the public officer personally to the person.
(3) Subject to section 7, where a person has received a notice under subsection (1) and has paid the full amount

of the fixed penalty shown in the notice, he shall not be liable to be prosecuted or convicted for the scheduled offence
specified in the notice.

(4) The operation of this section and sections 6, 8 and 11 shall not be affected by a failure to comply with
subsection (2).

Section: 4 Power of inspecting proof of identity L.N. 52 of 2002 27/05/2002


(1) In exercising his power under section 3(1), the public officer may require a person to whom the notice is to



Cap 570 - FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE 2

be given to supply his name, address and contact telephone number (if any) and produce proof of identity for
inspection.

(2) A person who, without reasonable excuse, fails to comply with a requirement made under subsection (1)
commits an offence and is liable on conviction to a fine at level 2.

(3) A public officer may arrest a person who, without reasonable excuse, fails to comply with a requirement
made under subsection (1).

(4) Without prejudice to the generality of section 51 of the Police Force Ordinance (Cap 232), a public officer
who arrests any person under subsection (3) shall forthwith take him to the nearest police station or give him into the
custody of a police officer.

(5) In this section, "proof of identity" (身分證明文件), in relation to the person to whom the notice is to be
given as referred to in subsection (1), has the same meaning as in section 17B of the Immigration Ordinance (Cap
115).

Section: 5 Supply of false information L.N. 52 of 2002 27/05/2002


A person who, in complying with a requirement made under section 4(1), supplies any particular of his name,
address or contact telephone number which he knows to be false or misleading, commits an offence and is liable on
conviction to a fine at level 2 and to imprisonment for 6 months.

Section: 6 Fixed penalty notice issued by Authority L.N. 52 of 2002 27/05/2002


(1) If the fixed penalty for a scheduled offence in respect of which a notice has been given to a person under
section 3(1) is not paid within 21 days from the date of the giving of the notice, the Authority shall serve on the person
a notice in the prescribed form-

(a) demanding payment of the fixed penalty;
(b) informing the person that if he wishes to dispute liability for the offence he should notify the Authority

in writing; and
(c) stating that the payment or notification (as the case may be) shall be made within 10 days from the date

of the notice so served.
(2) No notice shall be served under subsection (1) after the expiry of 6 months from the date of the notice given

under section 3(1).
(3) A notice under subsection (1) may be served on the person by sending it by post to his address.
(4) Subject to section 7, where a person has received a notice under subsection (1) and has paid the full amount

of the fixed penalty shown in the notice, he shall not be liable to be prosecuted or convicted for the scheduled offence
specified in the notice.

Section: 7 Withdrawal of notice of fixed penalty L.N. 52 of 2002 27/05/2002


(1) Where a notice under section 3(1) or 6(1) has been given or served on a person, the Authority may-
(a) at any time before the commencement of any proceedings against that person in respect of the offence

specified in the notice; and
(b) where an order under section 8(1) has been applied for, before such order is made,

withdraw that notice, and may serve on that person a notice in writing informing him that the notice has been
withdrawn.

(2) Where such a notice is withdrawn under this section and any sum of money has been paid pursuant to the
notice, the Director of Accounting Services shall, on demand by the person on whom the notice was given or served,
repay him the sum so paid.

(3) A notice withdrawn under this section shall not be a bar to any proceedings in respect of the scheduled
offence specified in the notice.

Section: 8 Recovery of fixed penalty L.N. 52 of 2002 27/05/2002


(1) Where a person on whom a notice under section 6(1) has been served has not paid the fixed penalty and has
not notified the Authority, in accordance with that notice, that he wishes to dispute liability for the offence, a



Cap 570 - FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE 3

magistrate shall, on an application mentioned in subsection (2), order him to pay the fixed penalty, an additional
penalty equal to the amount of the fixed penalty and the sum of $300 by way of costs, within 14 days from the date of
service of notice of the order.

(2) An application under subsection (1)-
(a) may be made in the absence of the person on whom the notice under section 6(1) has been served;
(b) shall be made in the name of the Secretary for Justice, who may appoint any person or class of persons

to make the application.
(3) Where an order is made under subsection (1) against a person, the magistrate shall cause notice of the order

to be served on that person.
(4) Notice of the order made under subsection (1) may be served on that person by sending it by post to his

address.
(5) Where a person against whom an order under subsection (1) has been made fails to pay the amount of the

fixed penalty, additional penalty and costs, he shall, for the purposes of section 68 of the Magistrates Ordinance (Cap
227), be deemed to have failed to pay the sum adjudged to be paid by a conviction and shall be liable to be imprisoned
under that section.

(6) Where a person against whom an order under subsection (1) has been made pays the full amount of the
fixed penalty, additional penalty and costs shown in the order, he shall not be liable to be prosecuted or convicted for
the scheduled offence to which the order relates.

Section: 9 Proof in proceedings under section 8 L.N. 52 of 2002 27/05/2002


(1) Notwithstanding any provisions of the Magistrates Ordinance (Cap 227), in an application under section
8(1), an order under that section shall be made upon the production by the applicant to the magistrate of-

(a) a copy of the notice served under section 6(1) together with a certificate of posting of that notice under
section 29 of the Evidence Ordinance (Cap 8); and

(b) a certificate referred to in subsection (2).
(2) In an application under section 8(1), a certificate in the prescribed form stating-

(a) that payment of the fixed penalty in respect of the offence specified in a notice under section 6(1) was
not made before the date specified in the certificate;

(b) that the person specified in it had not, before the date specified in the certificate, notified the Authority
that he wished to dispute liability for the offence; and

(c) that the address specified in it was at the time so specified the address of that person,
and purporting to be signed by or for the Authority shall be admitted in evidence without further proof on its
production to the magistrate and, unless there is evidence to the contrary-

(i) it shall be presumed that the certificate is so signed; and
(ii) the certificate shall be evidence of the facts stated in it.


Section: 10 Review of proceedings L.N. 52 of 2002 27/05/2002


(1) Where a magistrate is satisfied that a notice served under section 6(1) has not come to the personal notice of
the person to whom it relates without any neglect by that person, the magistrate may, on an application of which
reasonable notice has been given to the Authority, rescind the order made under section 8(1) in respect of the notice
and-

(a) if that person wishes to dispute liability for the offence, give leave to that effect; or
(b) if he does not wish to dispute liability-

(i) order him to pay the fixed penalty concerned within 10 days from the date of the order; and
(ii) order that, if he fails to pay that fixed penalty within that period, he shall be liable to pay

immediately that fixed penalty, an additional penalty equal to the amount of the fixed penalty and
the sum of $300 by way of costs.

(2) An application under subsection (1) may be made in person or by counsel or solicitor on behalf of the
applicant and the magistrate, for the purpose of securing the attendance of witnesses and generally for conducting the
proceedings, shall have all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap 227).

(3) An application under subsection (1) shall be made within 14 days from the date that the magistrate is
satisfied is the earliest date on which the order mentioned in section 8(1) came to the personal notice of the person to
whom that order relates.



Cap 570 - FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE 4

(4) Where a magistrate gives leave under subsection (1)(a), proceedings may be taken, notwithstanding section
26 of the Magistrates Ordinance (Cap 227), within 6 months from the date when the magistrate gives the leave.

(5) A magistrate may for good cause, on an application by the Authority at any time, rescind any order for the
payment of a fixed penalty and any other order made in the same proceedings.

(6) Where a person against whom an order under subsection (1)(b) has been made fails to pay the amount of
the fixed penalty, additional penalty and costs, he shall, for the purposes of section 68 of the Magistrates Ordinance
(Cap 227), be deemed to have failed to pay the sum adjudged to be paid by a conviction and shall be liable to be
imprisoned under that section.

(7) Where a person against whom an order under subsection (1)(b) has been made pays in compliance with the
order the full amount ordered to be paid by him, he shall not be liable to be prosecuted or convicted for the scheduled
offence to which the order relates.

Section: 11 Service of summons L.N. 52 of 2002 27/05/2002


Where-
(a) a person fails to pay the fixed penalty in accordance with a notice served on him under section 6(1);
(b) he notifies the Authority that he wishes to dispute liability for the scheduled offence specified in the

notice, or he is given leave under section 10(1)(a); and
(c) proceedings are taken against him in respect of the offence,

then a summons issued in those proceedings may be served on the person in accordance with section 8 of the
Magistrates Ordinance (Cap 227).

Section: 12 Additional penalty in proceedings on dispute of liability L.N. 52 of 2002 27/05/2002


Where a person-
(a) having notified the Authority, in accordance with a notice under section 6(1), that he wished to dispute

liability for the scheduled offence concerned; or
(b) having been given leave under section 10(1)(a),

and having been served with a summons and appeared before a magistrate, offers no defence or a defence which is
frivolous or vexatious, the magistrate shall, in addition to any other penalty and costs, impose an additional penalty
equal to the amount of the fixed penalty for that offence.

Section: 13 Payment of fixed penalty after issue of summons L.N. 52 of 2002 27/05/2002


(1) Notwithstanding that proceedings have been instituted against a person who has notified the Authority in
accordance with the notice served on him under section 6(1) that he wishes to dispute liability, the person may pay the
fixed penalty concerned together with an additional penalty equal to the amount of the fixed penalty in accordance
with subsection (2), and, if at the same time the person also pays the sum of $500 by way of costs, the proceedings
shall thereupon terminate.

(2) Payment under subsection (1) shall be made at any magistracy not less than 2 days before the day specified
in the summons for the person's appearance, and the summons shall be produced at the time of payment.

(3) No public holiday shall be included in the computation of the 2 days' period mentioned in subsection (2).

Section: 14 Distress in case of default L.N. 52 of 2002 27/05/2002


(1) If a person who has been ordered under this Ordinance to pay any penalty fails within 1 month from the
date of the order to pay the penalty, an application may be made in the absence of that person to a magistrate for an
order directing that-

(a) the penalty to be paid, or where the application for an order under this section is in respect of more
than one penalty to be paid, the total of such penalties; and

(b) the costs of the application for an order under this section,
be levied on any goods and chattels of the person by distress and sale thereof.

(2) An application under subsection (1) shall be made in the name of the Secretary for Justice, who may
appoint any person or class of persons to make the application.



Cap 570 - FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE 5


Part: 3 MISCELLANEOUS L.N. 52 of 2002 27/05/2002




Section: 15 Protection for public officers acting in good faith L.N. 52 of 2002 27/05/2002


(1) A public officer shall not be personally liable in respect of any act done by him while exercising any of his
powers under this Ordinance and within the scope of his employment, if he did that act in the honest belief that he was
entitled to do it.

(2) Nothing in this section shall be construed as relieving the Government from liability in respect of the acts of
public officers.

(3) In this section, "public officer" (公職人員) includes any Authority set out in column 2 of Schedule 2.

Section: 16 Obstruction of officers in the exercise of their duty L.N. 52 of 2002 27/05/2002


A person who resists or wilfully obstructs a public officer exercising his powers under this Ordinance commits
an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

Section: 17 Power to make regulations L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


The Secretary for Food and Health may by regulation- (Amended L.N. 106 of 2002; L.N. 130 of 2007)

(a) prescribe any notice or certificate which under this Ordinance is to be or may be prescribed;
(b) specify the persons to whom and the places at which a fixed penalty or an additional penalty may be

paid;
(c) specify the manner of payment of a fixed penalty or an additional penalty; and
(d) provide for the better carrying out of the provisions of this Ordinance.


Section: 18 Revision of fixed penalty L.N. 52 of 2002 27/05/2002


The Legislative Council may, by resolution, vary the fixed penalty in relation to a scheduled offence.

Section: 19 Amendment of Schedule 2 L.N. 52 of 2002 27/05/2002


The Chief Executive in Council may by order amend Schedule 2.

Section: 20 (Omitted as spent) L.N. 52 of 2002 27/05/2002




Section: 21 (Omitted as spent) L.N. 52 of 2002 27/05/2002




Schedule: 1 SCHEDULED OFFENCE L.N. 158 of 2003 26/06/2003


[section 2 & Schedule 2]



Item

Section or
Regulation


Description



Fixed
Penalty

Public Health and Municipal Services Ordinance (Cap 132)




Cap 570 - FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE 6

1. Section 104A(2) Display of bills or posters without permission


$1500

Public Cleansing and Prevention of Nuisances Regulation
(Cap 132 sub. leg. BK)


2. Section 4(1) Depositing of litter or waste in public places $1500
3. Section 8A(1) Spitting in public places $1500
4. Section 13(1)(a) Fouling of street by dog faeces


$1500

Country Parks and Special Areas Regulations
(Cap 208 sub. leg. A)


5. Regulation 12(1)(c) Depositing of litter in country parks and special areas $1500
6. Regulation 12(1)(e) Spitting in country parks and special areas


$1500

Summary Offences Ordinance (Cap 228)


7. Section 4D(1) Marine littering


$1500

Waste Disposal Ordinance (Cap 354)


8. Section 16A(1) Unlawful depositing of waste $1500
(Amended L.N. 158 of 2003)


Schedule: 2 AUTHORITIES AND PUBLIC OFFICERS L.N. 20 of 2005 04/03/2005


[sections 2, 15 & 19]

Scheduled
Offence*



Authority


Public Officer

1, 2, 3, 4, 5, 6,
7, 8


Commissioner of Police Police Officer

4, 5, 6, 7 Director of Agriculture,
Fisheries and Conservation

Forestry Officer
Field Officer
Field Assistant
Forest Guard
Fisheries Officer
Fisheries Supervisor


8 Director of Environmental
Protection

Environmental Protection Officer
Assistant Environmental Protection Officer
Assistant Pollution Control Officer
Chief Environmental Protection Inspector
Senior Environmental Protection Inspector
Environmental Protection Inspector
Pollution Control Inspector


1, 2, 3, 4, 7 Director of Food and
Environmental Hygiene

Senior Superintendent of Environmental Health
Superintendent of Environmental Health
Chief Health Inspector
Senior Health Inspector
Health Inspector I
Health Inspector II



Cap 570 - FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE 7

Senior Overseer
Overseer
Senior Foreman
Foreman
Principal Hawker Control Officer
Chief Hawker Control Officer
Senior Hawker Control Officer
Hawker Control Officer
Assistant Hawker Control Officer


2, 3, 4 Director of Housing Housing Manager
Assistant Housing Manager
Housing Officer


2, 3, 4, 7 Director of Leisure and
Cultural Services

Amenities Officer I
Amenities Officer II
Senior Amenities Assistant
Amenities Assistant I
Amenities Assistant II
Amenities Assistant III
Chief Librarian
Senior Librarian
Librarian
Assistant Librarian
Chief Manager, Cultural Services
Senior Manager, Cultural Services
Manager, Cultural Services
Assistant Manager, Cultural Services
Assistant Recreation and Sport Officer II
Chief Leisure Services Manager
Senior Leisure Services Manager
Leisure Services Manager
Assistant Leisure Services Manager I
Assistant Leisure Services Manager II

(Amended L.N. 20 of 2005)


7 Director of Marine Marine Officer
Marine Controller
Assistant Marine Controller
Senior Assistant Shipping Master
Marine Inspector I
Marine Inspector II


* In this column, a scheduled offence is described by reference to the item number set out opposite to the scheduled

offence in column 1 of Schedule 1.

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