| To provide for the control and licensing of massage establishments and for matters connected therewith or incidental thereto. [5 December 1983] L.N. 381 of 1983 (Originally 53 of 1983) Cap 266 s 1 Short title This Ordinance may be cited as the Massage Establishments Ordinance. Cap 266 s 2 Interpretation PART I PRELIMINARY In this Ordinance, unless the context otherwise requires- "conditions of the licence" (牌照条件) means any conditions imposed by the licensing authority under section 6(2) or under section 17(2); "full-body massage" (全身按摩) means a massage service or treatment provided to a person covering that part of his body below the shoulders and above the knees, including or excluding arms; (Added 28 of 2001 s. 2) "licence" (牌照) means a licence to operate a massage establishment granted under section 6 or renewed under section 7; "licensee" (持牌人) means a person to whom a licence has been issued; "licensing authority" (发牌当局) means a person referred to in section 5; "massage establishment" (按摩院) means any place used or intended to be used or represented as being used for the reception or treatment of persons requiring massage or other similar service or treatment. Cap 266 s 3 Application of Ordinance This Ordinance shall not apply to- (a) a hospital or maternity home maintained by the Crown or registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165); (b) an establishment for medical treatment operated by a medical practitioner registered under the Medical Registration Ordinance (Cap 161); (c) the premises of a hair salon, or of a beauty parlour, where massage is administered in the premises in full view of customers resorting thereto; (Replaced 28 of 2001 s. 3) (d) an establishment for physiotherapy operated by a physiotherapist registered under the Supplementary Medical Professions Ordinance (Cap 359); (Amended 28 of 2001 s. 3) (e) (Repealed 67 of 1985 s. 16) (f) a massage establishment where- (i) no massage other than face, scalp, neck, shoulder, hand, arm or foot (up to knee) massage is administered to customers; or (ii) no full-body massage is administered to a customer by a person of the opposite sex; (Added 28 of 2001 s. 3)(g) the premises for practising Chinese medicine operated by a registered Chinese medicine practitioner or listed Chinese medicine practitioner as defined in section 2 of the Chinese Medicine Ordinance (Cap 549); or (Added 28 of 2001 s. 3) (h) the premises for chiropractic operated by a chiropractor registered under the Chiropractors Registration Ordinance (Cap 428). (Added 28 of 2001 s. 3) (Amended 67 of 1985 s. 16) Cap 266 s 4 Prohibition on operating etc. massage establishment without a licence (1) Any person who on any occasion operates, keeps, manages, assists in any capacity in the operation of, or assists in the management of, a massage establishment for the operation of which a licence is not in force commits an offence. (2) For the avoidance of doubt it is hereby declared that it shall not be a defence that a person charged with an offence under subsection (1) did not know that the operation of the massage establishment which is the subject of the offence was not licensed. (3) Any person who commits an offence under subsection (1) shall subject to subsection (4) be liable- (a) on first conviction to a fine of $50000 and to imprisonment for 6 months; (b) on a second or subsequent conviction to a fine of $100000 and to imprisonment for 2 years.(4) (Repealed 13 of 1995 s. 2) Cap 266 s 5 Authorized officer PART II LICENCES Any person specified in the Schedule may exercise the powers conferred on the licensing authority by this Ordinance. Cap 266 s 6 Application for and grant of licence (1) An application by a person for a licence shall be made to the licensing authority in the prescribed form and in the prescribed manner. (2) Subject to subsections (3) and (4), the licensing authority may, in his absolute discretion, grant a licence and may impose such conditions as he thinks fit. (3) The licensing authority shall not grant a licence unless he is satisfied that- (a) the applicant is a fit and proper person to operate a massage establishment; (b) the applicant will adequately and personally supervise the massage establishment; (c) the premises and the situation thereof are suitable for the operation of a massage establishment; (d) the massage establishment will not be operated in a manner contrary to the public interest.(4) The licensing authority shall not grant a licence to a person other than a natural person. (5) A licence granted under this section shall be in the prescribed form. (6) A licence granted under this section shall not be issued and shall not be valid except on payment to the licensing authority of the prescribed fee. (7) A licence shall authorize the licensee to operate a massage establishment at the premises specified therein for a period of 12 months from the date on which it is granted and in accordance with any conditions imposed under subsection (2). |
