Effective Threshold before a Nuisance is Considered an Offence of Public Nature under Penal Code and Environmental Public Health Act

Mr Louis Ng Kok Kwang asked the Minister for Sustainability and the Environment (a) whether there is any threshold on the number of persons who must be affected before a nuisance can be considered to be an offence of a public nature under the (i) Penal Code and (ii) Environmental Public Health Act; (b) if so, what is the threshold; and (c) whether persons who are affected in their own homes are considered part of the threshold number.

The Environmental Public Health Act (EPHA) addresses public nuisances that affect the public or community at large, regardless of whether they are affected in their homes. As there are differing situations that can constitute a public nuisance, there is no specified threshold or criterion and each situation would be assessed based on its facts and circumstances.

Similarly, the Penal Code does not specify any threshold on the number of persons that must be affected for the offence of public nuisance to be made out. Whether or not an offence is made out will depend on the facts and circumstances of each case.