OVERVIEW
An unlawful fight in a place accessible to the public.
Fighting in a public place is a summary offence under section 25 of the Public Order Ordinance (Cap. 245). The prosecution must prove that the accused took part in an unlawful fight and that the incident occurred in a public place.
The charge requires close attention to the conduct of the individual accused. A person who was merely present, tried to separate others or acted in lawful self-defence is in a materially different position from a person who willingly participated in the fight.
Section 25 of the Public Order Ordinance.
Fighting in a public place
“Any person who takes part in an unlawful fight in a public place shall be guilty of an offence and shall be liable on summary conviction to a fine of $5,000 and to imprisonment for 12 months.”
Meaning of public place
Section 2 defines a public place as any place to which the public or any section of the public are for the time being entitled or permitted to have access, whether on payment or otherwise. In relation to a meeting, it also includes a place which is or will be a public place for that meeting.
Elements of Fighting in a Public Place
The accused took part
The prosecution must prove that the accused participated in the fight. Mere presence at the scene, without participation, is not enough. The evidence may include witness accounts, CCTV footage, admissions and the conduct of each person before, during and after the incident.
There was a fight
The incident must amount to a fight rather than a wholly one-sided attack. The court examines what each participant actually did and whether there was a mutual physical confrontation.
The fight was unlawful
The prosecution must prove an unlawful fight. A person who used no more force than was honestly believed to be necessary in lawful self-defence would not, on that basis, be taking part in an unlawful fight.
It occurred in a public place
The prosecution must prove that the location was a public place within section 2 of the Public Order Ordinance. The definition extends beyond streets and includes places which the public, or a section of the public, are entitled or permitted to access, whether on payment or otherwise.
MAXIMUM PENALTY
A fine of HK$5,000 and 12 months' imprisonment.
Section 25 provides for summary trial in the Magistrates' Courts. The sentence in an individual case depends on its facts, including the nature and duration of the fight, any injury or weapon, the accused's role and the relevant personal circumstances.
HOW MCS CAN ASSIST
Defence advice and alternatives to conviction.
MCS can review the prosecution evidence, CCTV footage, witness accounts, questions of identification and participation, and any case based on self-defence. We can represent clients from the police investigation and interview stage through trial, plea and sentence.
In an appropriate case, we can also explore the possibility of resolving the allegation by a bind-over order. If the prosecution and the court agree to that course and the matter is successfully disposed of by an Offer No Evidence bind over, no criminal conviction will be recorded. A bind over is not automatic and depends on the evidence, seriousness of the incident and the circumstances of the accused.