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Minor Offences Act

LAWS OF FIJI

CHAPTER 18

MINOR OFFENCES

Act 10 of 1971

AN ACT TO MAKE BETTER PROVISION IN THE LAW FOR MINOR
OFFENCES

[18th March, 1971]

Short title

1. This Act may be cited as the Minor Offences Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"park" means any park or garden open to the public not including the garden of any private house;

"public place" means-

(a) any highway, public street, public road, public park or garden, sea beach, river, public bridge, wharf, jetty, lane, footway, square, court, alley or passage whether a thoroughfare or not; or

(b) any-

(i) land or open space, whether such land or space is closed or unenclosed; and

(ii) place or building of public resort, other than a dwelling house,

to which for the time being the public have or are permitted to have access whether on payment or otherwise;

"public road" means any highway, public street, public road, public bridge, wharf, jetty, lane, footway, square, court, alley or passage whether a thoroughfare or not.

Begging

3. Any person who-

(a) begs, gathers or obtains alms in any public place; or

(b) causes or procures or encourages any child to beg or gather or obtain alms; or

(c) goes about as a gatherer or collector of alms or endeavours to procure charitable contributions of any nature or kind, under any false or fraudulent pretence; or

(d) causes annoyance by pestering or importuning any person in a public place,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three months.

Drunk and disorderly

4. Any person who is drunk and disorderly in any public place or who behaves in a disorderly manner therein shall be guilty of an offence and shall be liable on conviction for a first offence, to imprisonment for a term not exceeding one month and on conviction for a second offence, to imprisonment for a term not exceeding three months, and on conviction for a third or subsequent offence, to imprisonment for a term not exceeding one year.

Drunk and incapable

5. Any person found in a public place so drunk as to be incapable of taking care of himself shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Indecency

6. Any person who wilfully does any indecent act in any public place or within the view thereof shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year.

Obscene, threatening, etc. conduct

7.-(1) Any person who, in any public place, writes or draws any indecent word or representation or uses any indecent or obscene language, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding forty dollars or to imprisonment for a term not exceeding two months.

(2) Any person who, in any public place, uses threatening or abusive or insulting words or behaviour with intent to provoke a breach of peace or whereby a breach of peace may be occasioned, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty dollars or to imprisonment for a term not exceeding three months.

Loitering

8. Any person found wandering or loitering in or upon or near any premises or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal purpose or for the purpose of prostitution shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three months.

Offences relating to animals

9. Any person who-

(a) slaughters any horse, cattle, pig, sheep or goat on any public road, except such as may have met with an accident or which in the interests of public safety or for other reasonable cause ought to be killed on the spot; or

(b) leads or drives any animal, on any public road, dangerously or recklessly,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty dollars or to imprisonment for a term not exceeding one month.

Drivers of animals to use lights at night

10. Any person who, between sunset and half an hour before sunrise, leads or drives or causes or permits to be led or driven, on any road fit for motor vehicles and to which the public has access as of right any horse, cattle, sheep, goat or pig which is not in the charge of at least one person of not less than fifteen years of age carrying a light visible within a reasonable distance both in the direction such animal is being led or driven and in the reverse direction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty dollars.

Damaging sign boards

11. Any person who wilfully and unlawfully and without the consent of the owner pulls down, destroys, moves, damages or defaces any sign or property shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Obstruction

12. Any person who without lawful excuse obstructs in any way the free passage of any public road, or who in any manner wilfully prevents any person from passing him on a public road, or who by negligence or misbehaviour prevents or interferes with the free passage on any public road of any person or vehicle shall be guilty of an offence and shall be liable to a fine not exceeding forty dollars or to imprisonment for a term not exceeding two months.

Lighting fires, etc.

13. Any person who in any place lights any bonfire or throws or ignites any percussive firework or detonates any explosive device in such a manner as is likely to cause annoyance to any other person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding forty dollars.

Spitting

14. Any person who spits or discharges any nasal fluid or mucus in any public place shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten dollars.

Throwing of stones, etc.

15. Any person who in any public place throws any stone or other material or wilfully or negligently makes any noise or does any other act or thing in a manner likely to alarm or injure any person or animal or damage any property shall be guilty of an offence and shall be liable on conviction to a fine not exceeding forty dollars or to imprisonment for a term not exceeding two months.

Careless driving

16. Any person who on a public road drives or causes the movement of any vehicle, other than a motor vehicle or a bicycle, in a careless manner, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding forty dollars or to imprisonment for a term not exceeding two months.

Posting placards on or defacing walls

17. Any person who, without the consent of the owner or occupier, unlawfully posts or otherwise affixes any placard or other paper or material upon any wall, house or building, post or sign shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty dollars.

Danger or obstruction

18. Any person who by doing any act or by omitting to take reasonable care of any property in his possession or under his charge causes danger, obstruction or injury to any person on any public road or whilst navigating a vessel shall be guilty of an offence and shall be liable on conviction to a fine not exceeding forty dollars.

Killing, wounding or taking animals

19. Any person who unlawfully and wilfully kills, wounds or takes any tame animal or bird without the owner's consent shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty dollars.

Pretending to tell fortunes

20. Any person who for gain or reward undertakes to tell fortunes or pretends from his skill or knowledge in any occult signs to discover where or in what manner anything believed to have been stolen or lost may be found shall be guilty of an offence and shall be liable on conviction to a fine not exceeding forty dollars or to imprisonment for a term not exceeding two months.

Controlled by Ministry of the Attorney-General

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