Statute Details
- Title: Town Council of East Coast-Fengshan (Common Property and Open Spaces) By-laws
- Act Code: TCA1988-BY43
- Type: Subsidiary legislation (SL)
- Authorising Act: Town Councils Act (Cap. 329A), in particular sections 24 and 49
- Current status: Current version as at 27 Mar 2026
- Legislative history (key amendments): SL 210/1997; 1998 RevEd; S 314/2000; 2001 RevEd; S 180/2002; S 476/2012; S 577/2015; S 588/2019 (effective 01/09/2019)
- Key provisions (from extract): Sections 2, 3–5, 8–20 (including parking, removal/detention, repair restrictions, signs/structures, service of documents, and composition of offences)
- Geographic scope: Common property and open spaces within the Town of East Coast-Fengshan (as referenced to “Town of East Coast” under the Town Councils (Declaration) Order 2020 (S 641/2020))
What Is This Legislation About?
The Town Council of East Coast-Fengshan (Common Property and Open Spaces) By-laws (“the By-laws”) are local regulatory rules made by the Town Council to manage and protect shared areas within the Town. In practical terms, they set out what residents, visitors, contractors, and other persons may and may not do on “common property” and “open spaces” managed by the Town Council.
The By-laws focus on everyday risks and nuisances that commonly arise in housing estates: dumping and renovation debris, obstruction of shared areas, dangerous objects falling from buildings, damage to turf and landscaping, unlawful parking, and unauthorised works or installations. They also regulate conduct that affects safety and public order, such as displaying signs, erecting structures, and interfering with utilities (water or electricity) in ways that could endanger residents or disrupt estate services.
Although the By-laws are “town-level” rules, they operate like enforceable law. They create offences, empower the Town Council to remove and detain certain items (notably obstructing objects and unlawfully parked vehicles), and provide mechanisms for notice, recovery of expenses, and disposal of unclaimed property. For practitioners, the By-laws are therefore relevant not only for compliance advice, but also for enforcement strategy, evidence gathering, and procedural fairness (e.g., notice periods and claims windows).
What Are the Key Provisions?
Definitions and scope (Section 2). The By-laws define core terms such as “common property” and “open space” (within the Town), “housing estate” (of the Board), and “mobility aid”. Importantly, the By-laws incorporate definitions from other statutes: “mobility scooter” and “public path” are linked to the Active Mobility Act 2017, and “parking place” is linked to the Parking Places Act. The definition of “vehicle” includes bicycles, power-assisted bicycles, and personal mobility devices, but expressly excludes “mobility aid”. This distinction matters when assessing whether a person’s conduct falls within parking or vehicle-related offences.
Section 2 also clarifies two interpretive points. First, it preserves the ability of Town Council officers or authorised persons to do acts reasonably necessary or expedient for enforcement. Second, it states that the By-laws do not affect the public’s right to pass along a “public path” in accordance with the Active Mobility Act 2017. This is a useful limitation for anyone challenging enforcement where the conduct occurs on a declared public path.
Dumping and renovation debris (Section 3). Section 3 prohibits placing or leaving materials or objects on common property or open spaces unless the Town Council has designated that area for such purpose. It also restricts renovation debris transport: debris or building material cannot be transported in a lift within a housing estate, or over other common property, unless the Town Council grants prior written permission. For practitioners, this provision is often central in disputes involving renovation contractors, moving companies, and residents who arrange works without obtaining the required permission.
Obstruction and removal/detention (Section 4). Section 4 prohibits obstructing (or permitting obstruction of) the lawful use of common property with objects, fixtures, or things. The Town Council is empowered to remove and detain obstructing items. Procedurally, the Town Council must give written notice to the owner or person with lawful possession, informing them that they may claim possession upon payment of removal and detention expenses within 30 days. If unclaimed after 30 days, the Town Council may dispose of the item (e.g., by public auction) and apply sale proceeds to its expenses, with any surplus paid to the rightful person.
Dangerous objects and nuisance from buildings (Section 5). Section 5 is a safety-focused provision. It prohibits endangering life or property or causing nuisance or inconvenience by throwing or allowing objects to fall from a flat or any part of a building in a housing estate. It also prohibits placing pots, plants, ornaments, articles, objects, or substances on or at window-sills, corridors, or other common areas in a manner likely (in the Town Council’s opinion) to endanger life, cause injury, or damage common property or others’ property.
Section 5 further provides a notice-and-removal regime. The Town Council may direct an owner or occupier to remove prohibited items within 7 days of written notice. If the owner/occupier fails to comply, the Town Council may remove and detain the items, with removal/detention expenses recoverable from the owner/occupier. Where the Town Council considers the item an imminent danger, it may remove and detain without prior notice. In all cases, the Town Council must give written notice after removal/detention, including the right to claim possession within 30 days upon payment of expenses. If unclaimed, the Town Council may dispose of the items and apply proceeds to expenses, with any surplus paid to the owner/occupier or other lawful person.
Unlawful parking and vehicle removal (Sections 8–10, and Section 9 in the extract). While the extract only lists Section 9 by heading, the By-laws include a framework for unlawful parking on common property or open spaces. Section 8 (as titled) addresses unlawful parking, and Section 9 provides the Town Council’s power to remove and detain vehicles parked in contravention of the By-laws. Section 10 restricts repairing, painting, spraying, testing, or servicing vehicles on common property/open spaces, subject to the By-laws’ conditions and any permissions required. For legal practitioners, these provisions are significant in enforcement involving bicycles, power-assisted bicycles, and personal mobility devices, as well as in disputes about whether an activity constitutes “repairing” or “service” versus incidental maintenance.
Playing of games; entertainment and sale of goods (Sections 11–12). The By-laws regulate recreational and commercial activities on common property and open spaces. These provisions are typically aimed at preventing noise, crowding, obstruction, and unfair use of shared areas. They may require compliance with conditions or prohibit certain activities absent authorisation.
Bathing/swimming in fountains and ponds; trespass onto lift motor rooms (Sections 13–14). These sections address conduct that can create safety hazards or interfere with estate infrastructure. They are relevant for advising clients on whether certain activities are prohibited outright or require permission.
Signs and unauthorised structures (Sections 15–16). Section 15 prohibits displaying signs on common property/open spaces without complying with the By-laws. Section 16 prohibits erecting or installing fixtures, structures, or things on common property/open spaces without prior authorisation. These provisions are often implicated in disputes involving marketing banners, directional signs, community notices, and temporary installations.
Utilities and refuse chute obstruction (Sections 17–18). The By-laws restrict diversion of water or electricity and prohibit obstruction of refuse chutes. These provisions protect essential services and ensure proper waste management. They also support enforcement where residents or contractors interfere with estate systems in ways that could cause damage or safety risks.
Service of documents and composition of offences (Sections 19–20). Section 19 governs how documents required by the By-laws are served. Section 20 provides that every offence under the By-laws is a compoundable offence in accordance with section 49 of the Town Councils Act. This is a critical enforcement feature: it means alleged breaches may be resolved through composition rather than full prosecution, subject to the statutory composition framework. Practitioners should therefore consider early engagement with the Town Council where appropriate, particularly for first-time or lower-severity breaches.
How Is This Legislation Structured?
The By-laws are structured as a sequence of numbered sections, beginning with a citation and definitions (Sections 1–2). The substantive regulatory rules then follow, covering specific categories of prohibited conduct and permitted activities on common property and open spaces. The later sections address procedural and enforcement mechanics: service of documents (Section 19) and composition of offences (Section 20). The extract also indicates Section 21 is deleted in the current text. Overall, the structure is “topic-based”: dumping/obstruction/dangerous objects/parking/works and installations/utilities, followed by enforcement procedure.
Who Does This Legislation Apply To?
The By-laws apply to “any person” engaging in conduct on common property and open spaces within the Town of East Coast-Fengshan. This includes residents, occupiers, visitors, contractors, and any other individual or entity whose actions affect shared areas. Many offences are framed broadly (“No person shall…”), meaning that liability can attach regardless of whether the person is a tenant, owner, or third-party service provider.
Where the By-laws require permissions (e.g., for transporting renovation debris in lifts or over common property, or for certain signs/structures), the relevant duty typically falls on the person seeking to carry out the activity. For enforcement, the Town Council’s powers to remove and detain items often depend on identifying the owner or person with lawful possession, and the By-laws provide notice and claim windows to protect those persons’ interests.
Why Is This Legislation Important?
For practitioners, the By-laws are important because they translate estate management objectives into enforceable legal duties. They address safety and nuisance risks that can escalate quickly in residential environments—such as objects falling from windows, obstructions blocking lawful use, and unauthorised works that can damage shared infrastructure.
Equally important is the By-laws’ enforcement architecture. The Town Council is not limited to issuing warnings; it can remove and detain obstructing objects and unlawfully parked vehicles, and it can recover removal and detention expenses. The procedural safeguards—written notice and defined claim periods (notably 30 days)—create a predictable process that lawyers can use to assess whether enforcement actions were properly carried out.
Finally, the composition mechanism (Section 20) provides a practical pathway for resolving breaches. Because offences are compoundable under the Town Councils Act, legal counsel should consider whether a matter is suitable for composition, what evidence the Town Council is likely to rely on, and how to mitigate costs and reputational impact for clients (particularly contractors and residents facing enforcement for renovation-related or obstruction-related breaches).
Related Legislation
- Town Councils Act (Cap. 329A) — in particular sections 24 and 49 (authorising by-laws and composition of offences)
- Active Mobility Act 2017 (Act 3 of 2017) — definitions of mobility scooters and public paths
- Parking Places Act (Cap. 214) — definition of “parking place”
- Town Councils (Declaration) Order 2020 (S 641/2020) — references the Town of East Coast as the relevant town for the By-laws
Source Documents
This article provides an overview of the Town Council of East Coast-Fengshan (Common Property and Open Spaces) By-laws for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.