North Point housing estate bans bare-chested residents, cites potential legal violation

A private housing estate in North Point has sparked controversy after issuing a notice prohibiting residents from walking bare-chested in common corridors, warning that such behavior could violate Hong Kong's criminal laws.

The estate management posted the notice following complaints about shirtless residents in shared spaces while taking out trash or handling personal items. While acknowledging the hot weather, the notice reminded residents that corridors are public areas and urged them to "wear shirts when passing through."

It cited Section 148 of the Crimes Ordinance (Cap. 200), which criminalizes "indecent exposure" in public places without lawful authority, punishable by up to HK$2,000 in fines or six months' imprisonment.

The notice drew sharp criticism online, with one resident calling the rule excessive: "If bare chests are illegal, does that mean shirtless performers at concerts are all criminals?" Others mocked the management's interpretation, suggesting they "first understand the definition of 'indecent' before posting notices."

Speaking to Sing Tao Headline, The Standard’s sister publication, a barrister clarified that merely being shirtless does not constitute a crime under the cited law.

"The key elements are lack of reasonable excuse and indecent intent," he explained, noting that laborers working bare-chested, for example, would not violate the ordinance. Absent deliberate harassment, the act is neither illegal nor considered sexual harassment, he added.

The debate echoes past lawsuits, including a 1999 case where a woman sued seven men in Tuen Mun for "sexual harassment" over being shirtless in public.

She later filed separate claims against a sports facility and the Social Welfare Department, demanding millions in damages. All cases were dismissed, with judges condemning her actions as an abuse of legal processes.