TNAG-2210-FCO40-3170-Future-of-Hong-Kong-political-parties-1991 — Page 118

1991-01-21 10:14

SECURITY BRANCH

the

fine

$75

imposed

802 868 2014 7.00

on

each

information is "excessive" and "wholly

inappropriate".

Whether actual nuisance has to be proved

It is submitted on behalf of the appellants, that in the absence of any evidence in this case of any nuisance, such as obstruction or annoyance to members of

because cannot stand the public, the convictions

the the offences essential ingredient of

offences under

under consideration is missing. sub-sections now

Section

places,

4 is headed: "Nuisance committed

etc." Counsel seeks

an

two

in public

assistance in the word

"nuisance" in the heading of the Section and reads that

word into

the

helpful

to

sub-sections.

However,

examine the wording of

it would be

A

sub-sections, e.g.,

sub-section

(5)

number

"causes

of

any

annoyance or obstruction";

endangers or may endanger";

dangerous to the public";

annoyance of",

sub-section (7)

sub-section (8)

sub-section (10)

"when it

"which

is

sub-section (14)

danger

of";

sub-section (22)

"to the

"to the damage OK

"disturbs

any

inhabitant";

etc.

Ιη those

sub-sections

the acts

complained of must result in actual nuisance before the offence is completed. On the other hand,

in other

sub-sections,

the

very

constitutes the

offence

which act

the without

is

kind

prohibited

of actual

nuisance described above, e.g. sub-section (3)

obeying

any call of nature; sub-section (9) leading any horse etc. upon any footpath;

d

sub-section (15) playing any

musical instrument in any public place; sub-section (30)

trespassing, etc.