PART II
OFFENCES
AGAINST PUBLIC ORDER AND NUISANCE
5.
Deleted by Act 15/2009, wef 09/10/2009.
Burning material or discharging firearm
in public road
6.
—(1)
Any
person who sets fire to or burns any material to the annoyance,
inconvenience or danger of the public, or negligently or wilfully
discharges any firearm or air-gun, or throws or discharges any stone
or other missile, or sends up any fire-balloon or rocket in or near
any public road shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $1,000.
[10/89]
(2)
It shall be no offence under subsection
(1) for any person to discharge a firearm or air-gun in or near
a public road in the exercise of his duty under any written law relating
to the destruction of dogs.
[10/89]
Duty of police officers as to dangerous
animals
7.
—(1)
Every
police officer shall secure any animal reasonably suspected to be mad
or dangerous, and any wild animal found at large in or near any
public road under circumstances of danger to the public.
(2)
If there is reasonable ground to believe
that any such mad, dangerous or wild animal cannot be secured without
risk of personal injury to the police officer attempting to secure
the animal, the police officer may shoot or otherwise destroy the animal.
Dog running at persons, etc.
8.
If
it is proved to the satisfaction of a Magistrate’s Court
that any dog is in the habit of running at persons or at vehicles
or bicycles passing along a public road, the owner of the dog shall
be guilty of an offence and shall be liable on conviction to a fine
not exceeding $1,000.
[2/86;
10/89]
Ferocious dog at large
9.
Any
person who negligently suffers to be at large any ferocious dog
without a muzzle shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $5,000, and if the
dog has bitten, or attempted to bite any person, the dog may be
killed by order of a Magistrate’s Court.
[10/89;
12/96]
Liability of dog owner
10.
—(1)
Any
owner of a dog which causes injury to any person shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[10/89;
12/96]
(2)
In addition to any fine imposed under
subsection (1), compensation not exceeding $2,000 shall
be payable to the person injured in respect of any such injury.
[10/89]
(3)
Such compensation shall be assessed
by the Magistrate’s Court and shall be recoverable from
the owner of the dog in the manner provided by law for the recovery of
fines before Magistrates’ Courts.
[10/89]
(4)
In any prosecution relating to any
dog under subsection (1), it shall not be necessary to show a previous
vicious propensity in the dog or the owner’s knowledge of
such previous propensity or that the injury was attributable to
neglect on the part of the owner.
(5)
The occupier of any house or premises
where any dog was kept or permitted to live or remain at the time
of causing any such injury as is referred to in subsection (1) shall
be deemed to be the owner of the dog and shall be liable as such
unless the occupier can prove that —(a)
he was not the owner of the dog at
the time the injury complained of was committed; and
(b)
the dog was kept or permitted to live
or remain in the house or premises without his sanction or knowledge.
(6)
Where there are 2 or more occupiers
in any house or premises let in separate apartments or lodgings
or otherwise, the occupier of that particular part of the premises
in which the dog was kept or permitted to live or remain at the
time of the injury shall be deemed to be the owner of the dog.
(7)
No compensation shall be payable to
any person under this section in respect of injury sustained in
any house or premises except upon proof that he entered the house
or premises in the ordinary course of his duties or with the express
or implied permission of the occupier.
(8)
No criminal liability shall arise under
this section in respect of any injury sustained by any person in
any house or premises unless the person entered the house or premises
in the ordinary course of his duties or with the express or implied
permission of the occupier.
(9)
The owner shall not be liable under
this section for any injury sustained by any person where the injury
was attributable to any wrongful act of that person.
Nuisances
11.
—(1)
Any
person who commits any of the following offences shall be liable
on conviction to a fine not exceeding $1,000:(a)
without authority in the case of public
property, or without the consent of the owner or occupier in the
case of private property, affixes or causes to be affixed any advertisement,
bill or notice, or any paper against or upon any building, wall
or fence, or writes upon, defaces or marks any such building, wall
or fence with chalk or paint, or in any other way;
(b)
bathes or washes himself, or any other
person, animal or thing on any public road, or in, upon or by the
side of any public tank, reservoir, watercourse or stream;
(c)
obstructs or causes trouble or inconvenience
to a person bathing at any place set apart as a bathing place by
wilful intrusion, or by washing any animal at or near that place,
or in any other way;
(d)
being the owner or person in charge
of any animal does not, if the animal dies, dispose of its carcase
in such a way as not to be a common nuisance;
(e)
places any dead animal on or near any
public road;
(f)
spits in any coffee shop, market, eating
house, school house, theatre or public building, or in any omnibus,
railway carriage or other public conveyance, or on any wharf or
jetty, or in any public road, or on any five-foot way or sidewalk
of any public road, or in any other place to which the public has or
may have access;
(g)
suffers to be at large any unmuzzled
ferocious dog or other animal, or sets on or urges any dog or other
animal to attack, worry or put in fear any person or animal.
[10/89]
(2)
Any person who commits an offence under
subsection (1) (f), after having been previously
convicted for an offence under that subsection, shall be liable
on conviction to a fine not exceeding $2,000.
[10/89]
Offences relating to animals
12.
—(1)
Any
person who commits any of the following offences shall be liable
on conviction to a fine not exceeding $1,000:(a)
being the owner or person in charge
of any animal allows the animal to injure any tree or plant, or
fence round any tree or plant, in or at the side of any public road,
or to graze on the side of any public road;
(b)
allows any horse, cattle, goat, sheep
or pig to stray upon, or tethers or pickets any such animal upon,
any public road or State land or land in the possession of any local
authority or public institution or land in the possession of any
private person, without the permission of the owner or lawful occupier thereof;
or
(c)
leads or drives any horse, cattle,
goat, sheep or pig in or near any public road without having them
under proper control.
[10/89]
(2)
All damage done by an animal referred
to in subsection (1) (a) shall be assessed by
a Magistrate’s Court and shall be recoverable in the manner
provided by law for the recovery of fines before Magistrates’ Courts
from the owner of the animal, together with any amounts to be levied
as fines.
Other offences relating to public road
13.
—(1)
Any
person who commits any of the following offences shall be liable
on conviction to a fine not exceeding $5,000:(a)
lays any stone, brick or other article
on any public road so as to cause an obstruction thereto, or so
as to make the use of the road less convenient;
(b)
allows to remain on any public road
any article which has fallen from any vehicle of which he is in
charge;
(c)
deposits or causes or allows any article
or thing to be deposited on any public road or otherwise causes
or allows that article or thing to create obstruction or inconvenience
to the passage of the public for a longer period than is absolutely
necessary for loading or unloading the article or thing;
(d)
causes or permits any cart, wheel-barrow,
bicycle, tricycle or other vehicle to stand on any public road so
as to create or to be likely to create obstruction or inconvenience
to the passage of the public in that public road;
(e)
flies any kite, or plays at any game,
or does any act which obstructs or interferes with the traffic in
any public road, or the use of the wires of any telephone; or
(f)
places any blind, shade, covering,
awning or other projection over or along any public road if any
part thereof is less than 2½ metres above the surface of
that public road.
[10/89;
12/96]
(2)
If it is proved that any article or
thing has been deposited on any public road from any building or
land in contravention of subsection (1) (c),
it shall be presumed, until the contrary is proved, that the occupier
of the building or land has caused or allowed it to be so deposited.
Intentional harassment, alarm or distress
13A.
—(1)
Any
person who in a public place or in a private place, with intent
to cause harassment, alarm or distress to another person —(a)
uses threatening, abusive or insulting
words or behaviour; or
(b)
displays any writing, sign or other
visible representation which is threatening, abusive or insulting,
thereby causing that person or any other
person harassment, alarm or distress, shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $5,000.
[12/96]
(2)
It is a defence for the accused to
prove —(a)
that he was inside a dwelling-house
and had no reason to believe that the words or behaviour used, or
the writing, sign or other visible representation displayed, by
him would be heard or seen by a person outside that dwelling-house
or any other dwelling-house; or
(b)
that his conduct was reasonable.
[12/96]
Harassment, alarm or distress
13B.
—(1)
Any
person who in a public place or in a private place —(a)
uses threatening, abusive or insulting
words or behaviour; or
(b)
displays any writing, sign or other
visible representation which is threatening, abusive or insulting,
within the hearing or sight of any person
likely to be caused harassment, alarm or distress thereby shall
be guilty of an offence and shall be liable on conviction to a fine
not exceeding $2,000.
[12/96]
(2)
It is a defence for the accused to
prove —(a)
that he had no reason to believe that
there was any person within hearing or sight who was likely to be
caused harassment, alarm or distress;
(b)
that he was inside a dwelling-house
and had no reason to believe that the words or behaviour used, or
the writing, sign or other visible representation displayed, would
be heard or seen by a person outside that dwelling-house or any
other dwelling-house; or
(c)
that his conduct was reasonable.
[12/96]
Fear or provocation of violence
13C.
Any
person who in a public place or in a private place —(a)
uses towards another person threatening,
abusive or insulting words or behaviour; or
(b)
distributes or displays to another
person any writing, sign or other visible representation which is
threatening, abusive or insulting,
with intent to cause that person to
believe that immediate unlawful violence will be used against him
or another person by any person, or to provoke the immediate use of
unlawful violence by that person or another person, or whereby that
person is likely to believe that such violence will be used or it
is likely that such violence will be provoked shall be guilty of
an offence and shall be liable on conviction to a fine not exceeding $2,000.
[12/96]
Threatening, abusing or insulting public
servant
13D.
—(1)
Any
person who in a public place or in a private place —(a)
uses any indecent, threatening, abusive
or insulting words or behaviour towards a public servant in the
execution of his duty as such public servant; or
(b)
distributes or displays to a public
servant in the execution of his duty as such public servant any
writing, sign or other visible representation which is indecent,
threatening, abusive or insulting,
shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $5,000
or to imprisonment for a term not exceeding one year.
[12/96]
(2)
For the purpose of this section, “public
servant” has the same meaning as in the Penal Code (Cap.
224) and includes any other officer who, by virtue of any other written
law, is deemed to be a public servant within the meaning of that
Code.
[12/96]
Excessive noise
14.
—(1)
Any
person who makes any noise by any instrument or other means in such
a manner as to cause or be likely to cause annoyance or inconvenience
to the occupier of any premises in the vicinity or to any person
lawfully using any public road or in any public place shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[10/89]
(2)
Any police officer, on any complaint
that any person in any premises or in any public place is making
such noise as to cause annoyance or inconvenience to the complainant,
may enter upon the premises or proceed to the public place and,
after warning the person reasonably suspected of making the noise,
stop the making of such noise whether by the removal of any instrument
or object or in some other appropriate manner.
[10/89;
12/96]
Making of harassing or obscene telephone
calls to emergency telephone numbers
14A.
—(1)
Any
person who makes a telephone call to an emergency telephone number
with intent to annoy, abuse, threaten or harass any person who answers
the telephone call shall be guilty of an offence and, subject to
subsection (3), shall be liable on conviction to a fine not exceeding $5,000
or to imprisonment for a term not exceeding one year or to both.
[12/96]
(2)
Any person who makes a telephone call
to an emergency telephone number and, upon the call being answered,
makes or solicits any comment, request, suggestion, proposal or
other comment, request, suggestion, proposal or other communication
or sound which is obscene, lewd, lascivious, filthy or indecent,
shall be guilty of an offence and, subject to subsection (3), shall
be liable on conviction to a fine not exceeding $10,000
or to imprisonment for a term not exceeding 3 years or to both.
[12/96]
(3)
Any person who uses a public telephone
to commit an offence —(a)
under subsection (1) shall be liable
on conviction to a fine not exceeding $10,000 or to imprisonment
for a term not exceeding 2 years or to both; and
(b)
under subsection (2) shall be liable
on conviction to a fine not exceeding $20,000 or to imprisonment
for a term not exceeding 5 years or to both.
[12/96]
(4)
For the purposes of this section —(a)
“emergency telephone number” means
any telephone number which the Minister may, by order published
in the Gazette , declare to be an emergency
telephone number; and
(b)
a person who makes a telephone call
to an emergency telephone number and, upon the telephone call being
answered, refuses to speak or immediately hangs up shall be presumed
until the contrary is proved to have intent to annoy any person
answering the telephone call.
[12/96]
(5)
For the purposes of this section and
section 14B, “public telephone” means a telephone
which is available for use by any member of the public with or without payment.
[12/96]
Liability of subscriber
14B.
—(1)
Any
person being the subscriber to a telephone service which has been used
to commit an offence under section 14A shall, unless he proves to
the satisfaction of the court that he had exercised due diligence
to prevent the commission of the offence, be guilty of an offence
and shall be liable on conviction to a fine not exceeding $5,000.
[12/96]
(2)
Subsection (1) shall not apply to the
subscriber of a public telephone service.
[12/96]
Furnishing of information
14C.
—(1)
A
police officer may, for the purpose of investigating into an offence under
section 14A or 14B, by notice in writing require any person to furnish,
within such period as may be specified in the notice, any document
or information as may be —(a)
required by the police officer for
the purpose of the investigation; and
(b)
within the knowledge, or in the custody
or under the control, of such person.
[12/96]
(2)
No action, suit or proceedings shall
lie against any person who has furnished any document or information
to a police officer pursuant to subsection (1).
[12/96]
(3)
Any person who, on being required by
a notice under subsection (1) to furnish any document or information,
fails to comply with the notice shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $2,000
or to imprisonment for a term not exceeding 6 months or to both.
[12/96]
Relief for occupier of premises from
nuisance
15.
—(1)
A
Magistrate’s Court may act under this section on a complaint
made by the occupier of any premises on the ground that as occupier
of the premises he is aggrieved by noise amounting to a nuisance.
[10/89]
(2)
If the Magistrate’s Court
is satisfied that the alleged nuisance exists, or that although
abated it is likely to recur on the same premises, the Court shall
make an order for either or both of the following purposes:(a)
requiring the defendant to abate the
nuisance, within a time specified in the order and to execute any
works necessary for that purpose;
(b)
prohibiting a recurrence of the nuisance,
and requiring the defendant, within a time specified in the order,
to execute any works necessary to prevent the recurrence.
[10/89]
(3)
Proceedings under this section shall
be brought against the person responsible for the nuisance or, if
that person cannot be found, against the owner or occupier of the
premises from which the noise is emitted or would be emitted.
[10/89]
(4)
A person who without reasonable excuse
contravenes any requirement of an order under subsection (2) shall
be guilty of an offence and shall be liable on conviction to a fine
not exceeding $2,000.
[10/89]
(5)
In any proceedings for an offence under
this section in respect of noise caused in the course of a trade
or business, it shall be a defence to prove that the best practicable
means have been used for preventing, or for counteracting the effect
of, the noise.
[10/89]
(6)
In this section —"noise"
includes vibration;
"person
responsible"
, in relation to
the emission of noise, means the person to whose act, default or
sufferance the noise is attributable; and where more than one person
is responsible for the noise, this section shall apply to each of those
persons whether or not what any one of them is responsible for would by
itself amount to a nuisance, or would result in a level of noise
justifying any proceedings under this section;
"practicable"
means reasonably practicable having
regard among other things to local conditions and circumstances,
to the current state of technical knowledge and to the financial
implications.
[10/89]
Obstruction in canals, etc.
16.
—(1)
Any
person who in any river or canal in which the public has a right
of navigation, without the written permission of the Deputy Commissioner
of Police, the Director of Marine or the Deputy Director of Marine —(a)
leaves any boat or vessel at any place
for a longer time than is necessary for loading and unloading;
(b)
refuses to move his boat or vessel
away from that place when so directed by any police officer;
(c)
leaves any raft or log or piece of
timber or plank in any such river or canal more than one day after
its arrival therein; or
(d)
erects in any such river or canal any
stage or scaffolding,
shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $25.
(2)
Such boat, vessel, raft, timber or
plank may be removed by the police.
(3)
The expense of such removal shall be
recoverable as a fine from the owner or person in charge of the
same, and if not paid by him may be recovered by distress and sale
of the property of such owner or person and of such boat, vessel,
raft, timber or plank.
Penalty for depositing corpse or dying
person
17.
Any
person who deposits or causes to be deposited any corpse or any
dying person in any public place or in any private place without
the consent of the owner shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $2,000
or to imprisonment for a term not exceeding 6 months or to both.
[10/89]