A sales manager who claimed to earn HK$700,000 a year (US$90,300) was convicted in a Kwun Tong magistrate’s court for annoying a woman by using obscene language in a park, Headline Daily reported Wednesday.
Nee Sai-tao, 45, was accused of swearing at a passerby surnamed Wong at Kowloon Park on April 21 last year.
Wong reportedly tried to stop Nee from smoking inside the park, where it is prohibited, and he responded with foul language.
She complained to park staff, who called police.
Nee was heard using coarse language even while police were investigating.
Defending himself in court, Nee said he lit up a cigarette casually, as he was focused on thinking about something.
He said that as soon as Wong approached him, he immediately apologized and put out his cigarette.
Nee said that when Wong continued to nag him about it, he could not bear it and yelled at her: “What do you want now, as I have already put out the cigarette?”
He admitted he was emotional and used unfriendly language at the time.
Nee said he had no idea the foul language he used referred to genitals.
He emphasized that he is not a member of any triad.
The magistrate said Nee was not an honest and trustworthy witness, as he had failed to recall details of the case.
Under the Pleasure Grounds Regulation, no person shall, in any pleasure ground, use any obscene language to the annoyance of any person.
Barrister Albert Luk Wai-hung said Nee could face a sentence of up to 14 days in jail and a fine of HK$2,000.
Luk said any person using foul language in public, such as on a street or in a shopping arcade, could be prosecuted for disorderly behavior in a public place under the Public Order Ordinance. The maximum penalty for the violation is a fine of HK$5,000 and 12 months’ imprisonment.
On the MTR, people using foul language could be penalized by the MTR Corp. (00066.HK) under its bylaws, the maximum penalty being a fine of HK$5,000.
On public buses, similar violations could result in a HK$3,000 fine and a six-month jail term. The bus driver could ask the offending passenger to get off the bus or even call police.
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