Public Decency and Nuisances Ordinance 2026

1. Short title and commencement

This Ordinance may be cited as the Public Decency and Nuisances Ordinance 2026 and comes into force on the day appointed by notice in the Gazette.

2. Interpretation

In this Ordinance:

"adult" has the meaning given by section 2 of the Criminal Code Ordinance 2026;

"amplified noise" means noise produced by or through a loudspeaker, amplifier, vehicle sound system or similar equipment;

"animal" means any living vertebrate other than a human being;

"officer" means a police officer;

"private premises" means a dwelling, or a hotel room, guest room or other room that is not open to the public and cannot be seen into from a public place. A vehicle, vessel or aircraft is never private premises;

"public place" has the meaning given by section 2 of the Criminal Code Ordinance 2026, and expressly includes any road, street, alley, beach, park, car park, harbour and mooring, and any vehicle, vessel or aircraft in, or visible from, such a place;

"sexual activity" means sexual intercourse, or any other activity that a reasonable person would consider sexual;

"the standard scale" means the standard scale of fines in section 14 of the Criminal Code Ordinance 2026.

3. Sexual activity in public

(1) A person must not engage in sexual activity in a public place, or in any place where it can be seen from a public place.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale, or to imprisonment for 3 months, or to both.

(3) Sexual activity between consenting adults in private premises is not an offence under this Ordinance.

(4) Nothing in this Ordinance affects the sexual offences in Part 5 of the Criminal Code Ordinance 2026, or the meaning of consent in section 30 of that Ordinance.

4. Indecent exposure

(1) A person must not intentionally expose their genitals, intending that someone will see them and be caused alarm or distress.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 6 on the standard scale, or to imprisonment for 6 months, or to both.

5. Nudity in public

(1) A person must not be naked in a public place without reasonable excuse.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

6. Drunk and disorderly

(1) A person must not be drunk and disorderly in a public place.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

7. Disorderly behaviour

(1) A person must not use threatening, abusive or disorderly words or behaviour in a public place where it is likely that someone who hears or sees them will be caused harassment, alarm or distress.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) It is a defence for the accused to show that they had no reason to believe that anyone who could hear or see them would be caused harassment, alarm or distress, or that their conduct was reasonable.

(4) Nothing in this section restricts the peaceful expression of opinion or the peaceful assembly protected by Article 5 of the Constitution.

8. Noise at night

(1) A person must not, between 23:00 and 07:00, make amplified noise, or allow amplified noise to be made on premises they control, that can be heard in a public place or in a neighbouring dwelling.

(2) Subsection (1) does not apply to noise made at an event held under an event permit, within the hours and on the conditions of the permit, or to noise made by the emergency services or the Coral Island Defence Force on duty.

(3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. The court may also order the forfeiture of the equipment used.

9. Litter and dumping

(1) A person must not drop, throw or leave litter in a public place, or dump waste, a vehicle or any other thing on land or in the sea, except in a place provided for the purpose.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) The court may also order the person to remove the litter or waste, or to pay the cost of its removal.

10. Graffiti and fly-posting

(1) A person must not write, draw, paint or spray any mark on, or fix any poster or notice to, a building, wall, structure, vehicle, sign or other property without the consent of its owner.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) This section does not prevent a prosecution for criminal damage under section 40 of the Criminal Code Ordinance 2026 where the damage is serious.

11. Cruelty to animals

(1) A person must not cause, or allow, unnecessary suffering to an animal, including a working animal or a police dog.

(2) Suffering caused in the course of lawful fishing, lawful hunting, lawful pest control or veterinary treatment is not unnecessary if it is no more than is reasonably necessary.

(3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 6 on the standard scale, or to imprisonment for 6 months, or to both.

(4) On conviction the court may order that any animal concerned be taken from the person, and that the person be disqualified from keeping animals for a stated period.

12. Directions of officers

(1) An officer who reasonably believes that a person is committing an offence under this Ordinance may direct the person to stop.

(2) An officer may seize any equipment being used to make noise in contravention of section 8, and gives a receipt for it. Equipment seized is returned when it is no longer needed, unless a court orders its forfeiture.

(3) A person who fails without reasonable excuse to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale, or to imprisonment for 3 months, or to both.

13. Penalty notices

Offences under sections 5 to 10 may be dealt with by a penalty notice given under section 18 of the Police Service Ordinance 2026, at the fixed penalties set out in Schedule 1 to the Penalty Notices Regulations 2026.