A drunken night in Lan Kwai Fong can ruin a career. In ESS 21202/2026, Mr Gordon Chan represented an intoxicated foreign student who obstructed police and persuaded the prosecution to seek a bind-over instead of a criminal record.
A foreign student had just finished his exam at a local university and, in celebration, went for a night out with his mates in Lan Kwai Fong. Deep into the small hours, the group got into trouble when an incident broke out, and a police report was made.
Despite having nothing to do with the incident himself, the student caused a scene and obstructed the officers. As a result, much effort was directed toward calming him down instead. When that failed, the student was also arrested. He was later summonsed for “Resisting or obstructing a public officer lawfully engaged in a public duty” under section 23 of the Summary Offences Ordinance (Cap 228). Despite being a summary offence, it attracts a maximum fine at level 1 ($2,000) and imprisonment for 6 months.
In fact, there are 3 similar offenses for resisting a police officer, and the student faced the least serious ones:
| Offence | Maximum Penalty |
|---|---|
| s 23 Summary Offences Ordinance (Cap 228) | Level 1 ($2,000) fine and 6 months' imprisonment |
| s 63 Police Force Ordinance (Cap 232) | Level 2 ($5,000) fine and 6 months' imprisonment |
| s 36(b) Offences against the Person Ordinance (Cap 212) | 2 years' imprisonment |
Still, it is a criminal offense and could result in a criminal record. This one incident could seriously disrupt the student’s plan to pursue a career in Hong Kong after completing his studies. Luckily, after representations were made to the Department of Justice, the prosecution agreed to dispose of the case by ONE/BO, reminding the students of the importance of being law-abiding whilst in Hong Kong.
A summary offence is still a criminal offence. For a foreign student who hopes to stay and work in Hong Kong, the real risk is not the fine — it is the record that a conviction leaves behind. The warning is clear: a drunken night in Lan Kwai Fong can close a career that a degree has only just opened.
Drunken Master (1978) Golden Harvest Company, Seasonal Film Corporation
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
