| To consolidate and amend the law relating to places of public entertainment. [31 October 1919] (Originally 22 of 1919 (Cap 172 1950 Ed.)) Cap 172 s 1 Short title This Ordinance may be cited as the Places of Public Entertainment Ordinance. Cap 172 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Building Authority" (建筑事务监督) means the Director of Buildings; (Added 31 of 1963 s. 2. Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) "construction" (建造) includes maintenance and alteration; (Added 72 of 1995 s. 2) "entertainment" (娱乐) includes any event, activity or other thing specified in Schedule 1; (Replaced 72 of 1995 s. 2. Amended 83 of 1997 s. 2) "installation" (装置) includes the following- (a) any boiler, engine, motor, generator or other machine, apparatus or thing forming part of the installation; and (b) the following installations, namely, any heating, ventilation, air-conditioning, lighting, cooling, or gas installation which forms part of any thing (other than an installation) mentioned in paragraph (a) or (c); and (c) any other thing forming part of the installation; (Added 72 of 1995 s. 2) "licensing authority" (发牌当局) means the Secretary for Home Affairs or a public officer authorized under section 3B; (Replaced 78 of 1999 s. 7) "place of public entertainment" (公众娱乐场所) means- (a) so much of any place, building, erection or structure, whether temporary or permanent, capable of accommodating the public; and (Replaced 19 of 1980 s. 2) (b) any vessel,in or on which a public entertainment is presented or carried on whether on one occasion or more; (Replaced 7 of 1970 s. 2) "public entertainment" (公众娱乐) means any entertainment within the meaning of this Ordinance to which the general public is admitted with or without payment. (Replaced 72 of 1995 s. 2) (Amended 72 of 1995 s. 2) Cap 172 s 3 Delegation of powers Where under any provision of this Ordinance any powers are conferred upon a public officer, such powers may be exercised by any public officer in the same department as that of the officer on whom the powers are conferred who is authorized in writing in that behalf by such officer. (Added 31 of 1963 s. 3) Cap 172 s 3A Exemption orders (1) The Secretary for Home Affairs may by order published in the Gazette exempt places of public entertainment which are of a specified class or description from- (Amended L.N. 372 of 1996; L.N. 192 of 1998; L.N. 206 of 1998) (a) this Ordinance or particular provisions of this Ordinance specified in the order; (b) regulations under this Ordinance which are so specified or particular provisions of such regulations being provisions which are so specified. (2) For so long as an order under this section remains in force this Ordinance or, where appropriate, any regulation or licence to which the order relates, shall be construed and have effect subject to the terms of the order. (Replaced 72 of 1995 s. 3) Cap 172 s 3B Secretary for Home Affairs may authorize public officer in respect of licensing matters The Secretary for Home Affairs may authorize in writing any public officer to issue or cancel any licence or exercise any other function relating to licensing matters (other than the regulation making power under section 7) under this Ordinance. (Added 78 of 1999 s. 7) Cap 172 s 4 Licences for places of public entertainment (1) No person shall keep or use any place of public entertainment without a licence granted under this Ordinance. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and imprisonment for 6 months, and to a further fine of $2000 for every day during which the offence has continued. (Amended 72 of 1995 s. 4) (Replaced 51 of 1976 s. 2) Cap 172 s 4A (Repealed 78 of 1999 s. 7) Cap 172 s 4B (Repealed 78 of 1999 s. 7) Cap 172 s 5 (Repealed 25 of 1988 s. 33(1)) Cap 172 s 6 Restrictions on the unauthorized sale of tickets (1) No person shall sell, or offer or exhibit or have in his possession for sale, or solicit the purchase of, any ticket or voucher authorizing or purporting to authorize admission to any place of public entertainment licensed under this Ordinance or any place with respect to which duty on payments for admission is payable under the Entertainments Tax Ordinance*- (a) in any public thoroughfare, or in the entrance hall of, or approaches to, any such place as aforesaid, except at a box-office, booth, turnstile or counter appointed by the proprietor or manager of such place or by the organizer of the entertainment, exhibition, performance, amusement, game or sport held therein; or (Amended L.N. 65 of 1986) (b) at a price exceeding the amount fixed by such proprietor, manager or organizer to be charged therefor, inclusive of the duty, if any, payable. (2) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on summary conviction to a fine of $2000. (Amended 22 of 1950 Schedule) |
