Cap. 105 《公共照明條例》Public Lighting Ordinance

1. Short title

This Ordinance may be cited as the Public Lighting Ordinance.

2. Director of Highways to have power to erect lamp posts and affix lamps thereon

It shall be lawful for the Director of Highways to cause a sufficient number of posts, standards and brackets for the lighting of the public or private streets, roads, ways and thoroughfares in Hong Kong or for the control of pedestrian and vehicular traffic therein to be provided and to be set up, fixed or erected in all suitable situations for such lighting or control, whether in any of the said streets, roads, ways and thoroughfares or in any place adjacent thereto or upon or against the wall of any house or building or the side of any wall or fence, or elsewhere, as he may think proper; and it shall also be lawful for him to cause to be provided and put and affixed upon the said posts, standards and brackets such a number of lamps and of such sizes and sorts respectively as may be found requisite for the lighting or control of the said streets, roads, ways and thoroughfares respectively.

(Amended 33 of 1939 Schedule; 28 of 1940 s. 2; L.N. 76 of 1982; L.N. 127 of 1986; 57 of 1999 s. 3)

3. Property in lamp posts and lamps to be vested in Director of Highways

The laws relating to the removing, taking, carrying away or stealing of fixtures and chattels respectively shall be interpreted to apply to the removing, taking, carrying away or stealing of any of the posts, standards, brackets or lamps provided under this Ordinance; and the property of and in all or any of such posts, standards, brackets or lamps shall be deemed to be vested in the Director of Highways for all the purposes of any proceedings, civil or criminal, in relation thereto.

(Amended L.N. 76 of 1982; L.N. 127 of 1986)

4. Extinguishing light of lamps

Every person who wilfully extinguishes, obscures or interferes in any way with the light of any lamp provided under this Ordinance shall be liable on summary conviction to a fine at level 1 in addition to the full amount of the damage and all incidental costs and expenses.

(Amended 5 of 1924 Schedule; 22 of 1950 Schedule; 48 of 1972 s. 4; E.R. 3 of 2021)

5. Apprehension without warrant of offender

It shall be lawful for any person witnessing the commission of an offence against section 4 to seize the said offender and to deliver him to any constable or to a magistrate, and no warrant shall be in any case necessary to justify the apprehension of any such offender.

(Amended 5 of 1924 Schedule)

6. Compensation to be paid for damage other than wilful

When any damage or injury has been occasioned to any of the posts, standards, brackets or lamps provided under this Ordinance by any person otherwise than wilfully, and such person has not made satisfaction for the same, the District Court shall, where proceedings are commenced in respect of such damage or injury, order the said person to make full satisfaction for the amount of such damage or injury, together with all incidental costs and expenses.

(Amended 5 of 1924 Schedule; 35 of 1969 Schedule)

7. Saving

Nothing in this Ordinance contained shall be deemed to affect any liability imposed by section 29 of the Buildings Ordinance (Cap. 123), upon the owners of the land fronting, adjoining or abutting on any street on land held under lease from the Government on which buildings front, adjoin or abut.

(Amended 18 of 1935 s. 172; 33 of 1939 Schedule; 29 of 1998 s. 105)