Environmental Public Health Act 1987 · 2020 Revised Edition · Part 3 · Public Cleansing
17A. Presumptions in respect of littering, etc., from residential flats
Feedback & supportLast amended by an amending law of 2023.
Where in any proceedings for a contravention of section 17(1)(a), (d) or (f), it is proved that any refuse or any other article, matter or thing that is the subject of the charge, had been deposited, dropped, placed, thrown, scattered or spilled in or into any public place from a residential flat, it is presumed, until the contrary is proved, that the refuse, article, matter or thing was deposited, dropped, placed, thrown, scattered or spilled in or into the public place from the residential flat, as the case may be —
public place
“public place” includes any place whether privately owned or not to which the public has access;
where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or
in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat.
Where in any proceedings for a contravention of section 17(1)(b), it is proved that an article or a thing, or particles from an article or a thing, that is the subject of the charge, had passed into any public place from a residential flat, it is presumed, until the contrary is proved, that the article or thing was kept or left in the residential flat —
flat
“flat” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose, and which may be comprised in a “lot”, or in part of any “subdivided building” not shown in a registered “strata title plan” (the last 3 expressions within quotation marks having the meanings given by the Land Titles (Strata) Act 1967);
where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or
in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat.
Where in any proceedings for a contravention of section 17(1)(e), it is proved that any ash, hair, feathers, lime, sand, waste paper or other substance that is the subject of the charge, had been carried by the wind to any public place due to the beating, cleaning, shaking, sieving or agitating thereof by a person in a residential flat, it is presumed, until the contrary is proved, that the act was done —
waste
“waste” includes —(a)any substance which constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process; and(b)any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled,and anything which is discarded or otherwise dealt with as if it were waste is presumed to be waste unless the contrary is proved;
where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or
in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat.
Where in any proceedings for a contravention of section 17(1)(g), it is proved that any substance or mucus that is the subject of the charge, had been spat by, or expelled from the nose of, a person in a residential flat upon or onto any street or public place, it is presumed, until the contrary is proved, that the substance or mucus was spat or expelled —
street
“street” includes any road, flyover, square, footway, backlane or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, car park, field, grass verge, footway or passage, open court or open alley used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street are deemed to be part of the street;
where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or
in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat.
The presumption in subsection (1), (2), (3) or (4) against a person (called in this subsection the presumed offender) is rebutted if it is proved that —
offender
“offender” means a person who is 16 years of age or above who is convicted of an offence under section 17 or 19;
the contravention mentioned in subsection (1), (2), (3) or (4) (as the case may be) was committed by a person other than the presumed offender;
the presumed offender was not present in the residential flat at the time the contravention was committed; or
the presumed offender provided the identity of the person whom the presumed offender reasonably believes to have committed the contravention, to a police officer or an authorised officer within 14 days after being required to do so by the police officer or authorised officer.
The presumptions in subsections (1), (2), (3) and (4), respectively, only apply in respect of an alleged contravention committed on or after the date of commencement of section 5 of the Environmental Public Health (Amendment) Act 2023.
For the purposes of this section, the whole residential flat may be leased to 2 or more tenants by —
a single agreement with those tenants; or
separate agreements with one or more of those tenants.
In this section, “residential flat” means a flat used for residential purposes, including a flat that is leased for residential purposes.