| An Ordinance to regulate karaoke establishments. [8 January 2003] L.N. 253 of 2002 (Originally 22 of 2002) Cap 573 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Karaoke Establishments Ordinance. (2) (Omitted as spent) Cap 573 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "grantee" (持证人) means a person to whom a permit has been granted or transferred or whose permit has been renewed; "karaoke" (卡拉OK) means an activity in which a person, by himself or, together with one or more than one other person, chants, intones, sings or vocalizes in association with or in company with any music or other sound, or any visual image or other information where- (a) the music or other sound or the visual image or other information is produced, distributed or conveyed by means of a film, laser disc, video tape or any other audio visual device; (b) the visual image or other information is displayed or exhibited on a screen or any surface; and (c) the chant, intonation, song or vocalization is blended or mixed with the music or other sound or the visual image or other information by means of an amplifier, microphone, speaker or any other amplifying device;"karaoke establishment" (卡拉OK场所) means, subject to section 3, any place opened, kept or used for the purpose of karaoke by way of trade or business, whether or not the trade or business is carried on exclusively or in association or connection with any other trade or business activity and whether or not the place is a place to which the public have or are permitted to have access; "licence" (牌照) means a licence issued under section 5(2)(c) or renewed under section 8(1) to operate a karaoke establishment or a provisional licence; "licensee" (持牌人) means a person to whom a licence has been issued or transferred or whose licence has been renewed; "licensing authority" (发牌当局) means- (a) in the case of a karaoke establishment- (i) in premises in respect of which a licence has been issued under the Hotel and Guesthouse Accommodation Ordinance (Cap 349); or (ii) in premises in respect of which a certificate of compliance has been issued under the Clubs (Safety of Premises) Ordinance (Cap 376), and is for the time being in force, the Secretary for Home Affairs;(b) in the case of a karaoke establishment in premises in respect of which a licence for the operation of a restaurant has been granted under the Public Health and Municipal Services Ordinance (Cap 132) and is for the time being in force, the Director of Food and Environmental Hygiene; (c) in the case of a karaoke establishment in premises, other than of the description mentioned in paragraph (a) or (b), in respect of which a business registration certificate has been issued under the Business Registration Ordinance (Cap 310) and is for the time being in force, the Secretary for Home Affairs;"permit" (许可证) means a permit granted under section 5(2)(a) or renewed under section 8(1) to operate a karaoke establishment or a provisional permit; "provisional licence" (临时牌照) means a provisional licence granted or renewed under section 9 to operate a karaoke establishment; "provisional permit" (临时许可证) means a provisional permit granted or renewed under section 9 to operate a karaoke establishment. (2) For the purposes of this Ordinance and the definition "licensing authority", the licensing authority may authorize in writing any public officer to perform or exercise on behalf of the licensing authority all or any of the functions which are imposed or conferred on the licensing authority by this Ordinance. Cap 573 s 3 Application, exemption and transitional (1) This Ordinance shall not apply to any karaoke establishment- (a) in premises where the karaoke activity is carried on in not more than 3 rooms with an aggregate floor area of not more than 30 square metres; (b) in concert halls, theatres, auditoria and community halls in respect of which a licence has been granted and is for the time being in force under section 4 of the Places of Public Entertainment Ordinance (Cap 172) or which are the subject of an order made under section 3A of that Ordinance that is for the time being in force; or (c) exempted by an order of the licensing authority under subsection (2) that is for the time being in force.(2) Where, for reasons connected with the situation, means of ingress or egress, design (including the percentage of the area allocated for the karaoke activity), construction or size of, or the equipment, installations or facilities in, any karaoke establishment, the licensing authority is satisfied that the safety of persons using the karaoke establishment will not be adversely affected, he may by order in writing exempt the karaoke establishment from the application of this Ordinance. (3) An order under subsection (2) may- (a) be made by reference to the type or description of a karaoke establishment; |
