### Summary Offences Ordinance 《簡易程序治罪條例》

28. Drunkenness
(1) Any person who is found drunk in any public place or on any premises licensed under any Ordinance relating to liquor licences shall be liable to a fine at level 1.
(2) Any person who while drunk behaves in a riotous or disorderly manner in any public place shall be liable to a fine at level 1 or to imprisonment for 2 months.
(3) Any person who is found drunk while in charge of any vehicle (other than a motor vehicle) or of any horse, in any public road or street shall be liable to a fine at level 1 or to imprisonment for 2 months.
(4) For the purposes of subsection (3) a person shall be deemed to have been drunk if he was so much under the influence of alcohol as to have lost control of his faculties to such an extent as to render him unable to execute safely the occupation on which he was engaged at the time in question.
(5) Any person who is found drunk while in possession of any loaded firearm or of any firearm and any ammunition therefor shall be liable to a fine at level 1 and to imprisonment for 6 months. For the purposes of this subsection a person shall be deemed to have been drunk if he was so much under the influence of alcohol as to have lost control of his faculties to such an extent as to render him unable to handle a firearm safely at the time in question.
(Amended 22 of 1950 Schedule; 24 of 1950 Schedule; E.R. 1 of 2021)

29. Prohibition of smoking in certain places
(1) No person shall smoke—
(a) in any storehouse, workshop or building attached to the naval establishments in Hong Kong, not appropriated as a residence; or (Amended 33 of 1989 s. 5)
(b) in any naval or military ordnance magazine, military ordnance building or workshop and the inclosures to such premises.
(2) No person shall smoke on board any vessel whatsoever which is in any naval dock or naval dockyard or alongside any naval premises:
Provided that—
(a) this section shall not apply to any person who is a member of the naval forces of the Chinese People’s Liberation Army; and
(b) it shall be lawful for the senior naval commander of the Hong Kong Garrison to grant such exemptions from the provisions of this subsection as he may think fit. (Amended 2 of 2012 s. 3)

(3) Any person who contravenes any of the provisions of this section shall be liable to a fine at level 1. (Amended 22 of 1950 Schedule; E.R. 1 of 2021)
(31 of 1900 ss. 2, 3 & 4 incorporated)

### Summary Offences Ordinance 《簡易程序治罪條例》

31. Liability of occupier in the case of certain offences
Where any offence under section 4(1) or (14) or 4A is committed at, on or from any premises, the person in actual occupation of such premises shall be liable to the same penalty as the actual offender, unless the actual offender shall first have been prosecuted to conviction: (Amended 25 of 1965 s. 4)
Provided that if a dwelling house is let out in flats nothing in this section shall have the effect of imposing liability on any person other than the occupier of the flat at, on or from which the offence was committed.

32. Removal of filth, etc., and recovery of expenses
(1) It shall be lawful for the Commissioner of Police to require any person whose duty it may be to remove any filth or obstruction, or to do any other matter or thing required to be done by this Ordinance, to do so within a certain time to be then fixed by the said officer, and, in default of such requisition being complied with, the officer shall cause to be removed such filth or obstruction or do or cause to be done such other matter or thing as aforesaid.
(2) It shall be lawful for the magistrate by whom any person has been convicted of an offence in respect of any such filth or obstruction to order such offender, in addition to the penalties hereinbefore imposed, to pay such sum of money for defraying the expenses of such removal, or of doing such other matter or thing, as to the magistrate may seem just and reasonable; and the sum so ordered shall be recoverable in the manner hereinafter provided for the recovery of penalties imposed by this Ordinance.

33. Summary proceedings
All summary proceedings under this Ordinance may be had on the information of any complainant.

34. Saving of liability of offender to indictment or action
Nothing in this Ordinance shall be construed to prevent any person from being indicted or from being proceeded against by indictment or information for any offence made punishable on summary conviction by this Ordinance, or to prevent any person from being liable to be proceeded against by action for any hurt or damage caused by him:
Provided, nevertheless, that no person be punished twice for the same offence, and provided that no compensation has been awarded for such hurt or damage.

35. Acts done by lawful authority
Nothing in this Ordinance shall operate to the restraint or punishment of any act or thing done under or sanctioned by lawful authority.
(Amended 5 of 1971 Schedule)

36. Recovery of penalties
Any offence against the provisions of this Ordinance or of any regulation made thereunder shall be punishable on summary conviction; and the penalties imposed by this Ordinance or by any regulation made thereunder shall be recoverable according to the provisions of any Ordinance regulating the summary jurisdiction of magistrates.

### Summary Offences Ordinance 《簡易程序治罪條例》

37. Regulations
The Chief Executive in Council may by regulation provide for— (Amended 13 of 1999 s. 3)
(a) the fees which may be charged for the issue of any licence or permit under this Ordinance and the issue of licences and permits without payment of fee;
(b)-(c) (Repealed 75 of 1988 s. 40)(d) generally for the better carrying out of the provisions of this Ordinance.
(Replaced 33 of 1963 s. 3. Amended 25 of 1965 s. 5; 54 of 1972 s. 21)