CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS) REGULATIONS

CIVIL AVIATION (BIRTHS, DEATHS AND MISSING
PERSONS) REGULATIONS

(Cap. 173, section 2)

[1 December 1950.1

1. These regulations may be cited as the Civil Aviation (Births,
Deaths and Missing Persons) Regulations.

2. In these regulations, unless the context otherwise requires

,,aircraft' includes all balloons, whether captive or free, gliders, airships
and flying machines;

'journey' is deemed to commence when a traveller enters an aircraft
registered in Hong Kong for the purpose of the journey and to
continue until that traveller alights therefrom on completion of the
journey, notwithstanding any intermediate stop or break in the
journey;

'Director' means the Director of Civil Aviation;

'missing persons' means persons with respect to whom there are
reasonable grounds for believing that they have died in
consequence of an accident to an aircraft registered in Hong Kong;

'person in command of an aircraft' means, in a case where a person
other than the pilot is in command of the aircraft, that person, and
in any other case, the pilot;

'traveller' in relation to an aircraft includes a member of the crew.

3. (1) The owner of an aircraft registered in Hong Kong shall, as
soon as practicable but not later than 6 months after the occurrence in
any part of the world of a birth or death in the aircraft, or of a death
outside Hong Kong of a traveller on the aircraft who is killed on the
journey in consequence of an accident, transmit to the Director a return
of such birth or death in the form, in accordance with the instructions,
and containing the particulars prescribed in Form 1 (in the case of a
birth) or 2 (in the case of a death) in the Schedule:

Provided that if such particulars are not known to the owner of the
aircraft, he shall transmit as aforesaid so many of such particulars as he
is reasonably able to ascertain having regard to the circumstances of the
birth or death.

(2) To facilitate the rendering of returns in accordance with this
regulation the person in command of an aircraft registered in Hong
Kong shall forthwith on the occurrence in any part of the world of a
birth or death in the aircraft, or of the death outside Hong





Kong of a traveller in the aircraft who is killed on the journey in
consequence of an accident, record in the journey log book, or other
appropriate document relating to that aircraft, the particulars of the birth
or death mentioned in paragraph (1) and shall make such record
available to the owner as soon as practicable:

Provided that if all such particulars are not known to the person in
command of an aircraft and cannot be readily ascertained by him he
shall record and make available as aforesaid so many of such particulars
as are readily ascertainable.

(3) Where any aircraft has been bona fide demised, let, or hired out
for a period exceeding 14 days to any other person by the owner
thereof, and no pilot, commander, navigator, or operative member of the
crew of the aircraft is in the employment of the owner, the provisions of
this regulation shall have effect as though for references to the owner
there were substituted references to the person to whom the aircraft has
been so demised, Jet, or hired out.

4. The Director shall keep in his department-

(a)a separate record of births in the form of Form 3 in the
Schedule in which shall be recorded the particulars transmitted
to him of births occurring in any part of the world in aircraft
registered in Hong Kong;

(b)a separate record of deaths in the form of Form 4 in the
Schedule in which shall be recorded the particulars transmitted
to him of deaths occurring in any part of the world in aircraft
registered as aforesaid. and of deaths outside Hong Kong of
travellers on such aircraft killed on the journey in
consequence of an accident, and

(e)a separate record in the form of Form 5 in the Schedule of
persons reported to him as missing persons.

5. The Director shall within 7 days of the completion of an entry in
any record kept in his department pursuant to these regulations cause a
certified copy of such entry to be transmitted to the Registrar of Births
and Deaths.

6. In the case of the birth of an illegitimate child, the name of any
person as father of such child shall not be entered in any return or
record of particulars of the birth of such child unless the mother of the
child and the person acknowledging himself to be the father of the child
shall have signed a completed form of return as informants.

7. (1) If the Director is satisfied that there is an error or omission in
any entry made in the record of births, deaths, or missing persons kept
in his department, he may, in accordance with evidence of the true facts
relating to the entry, rectify it in such manner as may appear to him
appropriate.





(2) Within 7 days after the correction of any entry in his records in
accordance with this regulation, the Director shall cause a certified copy
of such corrected entry to be transmitted to the Registrar of Births and
Deaths.

SCHEDULE [regs. 3 & 4.1

FORM 1

BIRTH

Return for the purposes of section 2 of the Civil Aviation
(Births, Deaths and Missing Persons) Ordinance

1 . Registration marking of aircraft .........................................................................

2. Date of birth (a)
3. Place of birth (b)

4.......................Name (c) ......................

5.................Sex (d) ...................................................................... ........

6. Name, surname, usual residence

and nationality of father (e) ...................................

7. Name, surname. maiden surname,
usual residence and nationality

of mother .........................................................

8. Date and place of marriage of

parents ........................................................... ............................
............................

9. Profession or occupation
of father; and rank or title

(if any) (f) ...........................................................................................................

10. Name, description and home
address of informant

(if any) (g) ...........................................................................................................

11.....................Signature of informant (s) ..................................................

Signature and rank of
person completing the

return ............................................................. .....................

Date (a) ...................................................................................

Notes:

(a) Day and month in words, year in figures.
(b) Approximate position, e.g. '40 nautical miles west of Hong Kong' 'over Hanoi' -o'er South
China'
(c) Full Christian names of child.
(d) 'Boy' or 'Girl' as the case may be.
(c) Christian names in full and followed by surname; surname to be written in block letters,
If child is






illegitimate (see reg. 6) the particulars relating to the father must not be recorded in the return unless at
the joint request of the mother and of the person acknowledging himself to be the father of the child. in
which case such person shall, as well as the mother, sign a completed form of return as informant.
(f) Christian names in full and married surname followed by the word -formerly- and the maiden
surname.
(9) The informant's full names, relationship (if any) to the child, and full postal address
should be stated.

Except in the circumstances mentioned at (e) above, only one person (usually the mother or father)
should act as informant.





FORM 2

DEATH

Return for the purposes of section 2 of the Civil Aviation
(Births, Deaths and Missing Persons) Ordinance

1. Registration marking of aircraft
.........................................................................

2. Date of death (a)

3............Place of death (b) ........................................................................

4. Name and surname (e)

5. Usual residence at lime of

death (d) .............................................................................................................

6................Sex (e) .........................................................................

7................Age (f)

8. Profession or occupation,
rank or title (if any) and

nationality (g) .....................................................................................................

9. Cause of death

10. Name, description and home
address of informant

(if any) (h) ...........................................................................................................

11.Signature of informant
Signature and rank of
person completing the
return

Date (a)

Notes;

(a) Day and month in words, year in figures.
(b) Actual position, if known. Otherwise approximate position. e.g. ---40 nautical miles west of
Hong
Kong',---overHanoi',---overSouth China---.
(r) Christian names in full, followed by surname. Surname to be written in block letters.
(d) The full postal address should be stated.
(e) ---Male---or---Female---.
(f) To be recorded in complete years or in months or days.
(g) Women and children-

In the case of a married woman or a widow, the words 'wife of' or 'window or' shall be entered.
followed by the name. profession or occupation. rank and title, and nationality of the husband.

In the case of an unmarried woman, there shall he inserted (i) the word 'spinster' followed by her
profession or occupation (if any). rank and title (if any), and her nationality. and (n) the ord, -daughter of'
Followed by the name, profession. etc. of her father.

In the case of children under the age of 16 years the words---sonof--- or 'daughter of ' shall be
followed by the name. profession, etcof the father.







(h) The informant's full names. relationship (if any) to deceased. and full postal address should he stated.





19 .....................FORM. 3
........................BIRTHS IN AIRCRAFT REGISTERED IN HONG KONG





19 ................................FORM 4

DEATHS IN AIRCRAFT REGISTERED IN HONG KONG





19 ...............................FORM 5

PERSONS MISSING AND BELIEVED TO HAVE DIED IN CONSEQUENCE OF ACCIDENTS TO AIRCRAFT REGISTERED IN HONG
KONG
G.N.A. 247/50. L.N. 373/84. Citation. Interpretation. Returns relating to births and deaths by owners of aircraft. Schedule. Forms 1 and 2. Records to be kept in Department of Civil Aviation. Schedule. Forms 3, 4 and 5. Transmission of copies of entries to Registrar. Saving for father of illegitimate child. Rectification of entries of births deaths and missing persons. L.N. 373/84. L.N. 373/84.

G.N.A. 247/50. L.N. 373/84. Citation. Interpretation. Returns relating to births and deaths by owners of aircraft. Schedule. Forms 1 and 2. Records to be kept in Department of Civil Aviation. Schedule. Forms 3, 4 and 5. Transmission of copies of entries to Registrar. Saving for father of illegitimate child. Rectification of entries of births deaths and missing persons. L.N. 373/84. L.N. 373/84.

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CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS) ORDINANCE

LAWS OF HONG KONG

CIVIL AVIATION (BIRTHS, DEATHS AND MISSING

PERSONS) ORDINANCE

CHAPTER 173





CHAPTER 173

CIVIL AVIATION (BIRTHS, DEATHS AND
MISSING PERSONS)

To provide for the keeping of records of births and deaths, and records
of persons missing and believed to have died in consequence of an
accident, occurring in any, part of the world in, or during
ajourney, in any aircraft registered in Hong Kong, and to provide
for the preservation of such records by the Registrar of Births and
Deaths.

[13 October 1950.1

1. This Ordinance may be cited as the Civil Aviation (Births,
Deaths and Missing Persons) Ordinance.

2. (1) The Governor may by regulation provide for requiring such
persons as may be specified in the regulations to keep records and make
returns to the Director of Civil Aviation

(a)of births and deaths occurring in any part of the world in any
aircraft registered in Hong Kong; and

(b)of the death, outside Hong Kong, of any person who, being a
traveller on such an aircraft, is killed on the journey in
consequence of an accident to such aircraft. (Amended, L.N.
1711174)

and for the keeping in the Civil Aviation Department of a record of any
returns made to the Director of Civil Aviation in accordance with any
such requirement as aforesaid and may by such regulations specify that
any person who fails to comply with any such requirement shall be liable
on summary conviction to a fine of $300.

(2) Where such an offence as aforesaid has been committed by a
body corporate, every person who at the time of the commission of the
offence was a director, general manager, secretary or other similar officer
of the body corporate, or was purporting to act in any such capacity,
shall be deemed to be guilty of that offence, unless he proves that the
offence was committed without his consent or connivance and that he
exercised all such diligence to prevent the commission of the offence as
he ought to have exercised having regard to the nature of his functions
in that capacity and to all the circumstances. In this subsection the
expression 'director' includes any person occupying the position of
director by whatever name called.

(3) Where any such regulations provide for the keeping of records
in the Civil Aviation Department in accordance with subsection (1) they
shall also provide for the transmission of certified copies of those
records to the Registrar of Births and Deaths.





(4) The Registrar of Births and Deaths, upon receipt of any
such certified copies shall cause them to be filed and preserved in a
book to be kept by him for the purpose, and to be called the Air
Register Book of Births and Deaths.

(5) Regulations made under subsection (1) shall provide for the
rectification of any records kept in the Civil Aviation Department in
pursuance of the regulations and for the transmission of certified
copies of any corrected entry in the records to the Registrar of Births
and Deaths.

(6) The Registrar of Births and Deaths, upon receipt of a
certified copy of any such corrected entry shall cause the correct
entry to be substituted for the corresponding entry for the time
being made in the Air Register Book of Births and Deaths.

(7) The Births and Deaths Registration Ordinance shall have
effect as if the Air Register Book of Births and Deaths were a
certified copy transmitted to the Registrar of Births and Deaths in
accordance with section 5 of that Ordinance.

(8) The Governor may by regulation provide-

(a)for the keeping in the Civil Aviation Department of a
record of persons reported to the Director of Civil Avia-
tion as missing, being persons with respect to whom there
are reasonable grounds for believing that they have died in
consequence of an accident to an aircraft registered in
Hong Kong;

(b) for the rectification of any such record; and

(c)for the transmission of information as to the matters for
the time being entered on the record to the Registrar of
Births and Deaths.
Originally 33 of 1950. L.N. 171/74. Short title. Power for the Governor to make regulations for recording and registration of births and deaths, etc. (Cap. 174.)

Originally 33 of 1950. L.N. 171/74. Short title. Power for the Governor to make regulations for recording and registration of births and deaths, etc. (Cap. 174.)

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PLACES OF PUBLIC ENTERTAINMENT (LICENCES ) (SPECIFICATION OF FEES) (REGIONAL COUNCIL AREA) NOTICE

S OF PUBLIC ENTERTAINN[ENT (LICENCES)
SPECIFICATION OF FEES) (REGIONAL COUNCIL
AREA) NOTICE

!,I W
(Cap. 172, section 7B(I))

[1 April 19891

L.N. 106 of 1989 --i^7 7/f~o

1. Citation

This notice may be cited as the Places of Public Entertainment (Licences)
(Specification of Fees) (Regional Council Area) Notice.

2. Specification of fees

The following fees are payable for a licence issued by the Regional Council in
respect of

(a)a place of public entertainment, other than that specified in
subparagraph (b), for a period

(i) not exceeding 1 month .......1,110
(ii) exceeding 1 month but not exceeding
3 months ........................3,335
(iii) exceeding 3 months but not exceeding
6 months ........................6,675
(iv) exceeding 6 months but not exceeding
12 months .......................11,125;

(b)a place of public entertainment, to which regulation 3 of the Places of
Public Entertainment Regulations (Cap. 172 sub. leg.) applies, to
accommodate

For a period
of 12 months

(i) not more than 1000 persons ..11,125
(ii) more than 1000 but not more than
1500 persons ....................13,930
(iii) more than 1500 persons ....16,685.

3. Reduction of fee 7 7 ?0

Where regulation 178 of the Places of Public Entertainment Regulations (Cap.
172 sub. leg.) applies, the Regional Council may reduce the fee payable in respect of
any licence to $75k

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PLACES OF PUBLIC ENTERTAINMENT (LICENCES) (SPECIFICATION OF FEES) (URBAN COUNCIL AREA) NOTICE

AC F PUBLIC ENTERTAIN NT (LICENCES)
ATION OF FEES) (URBA COUNCIL AREA)
NOTICE
(Cap. 172, section 7M
September 1987.]

1. This notice may be cited as the laces of Public Entertainment
(Licences) (Specification of Fees (Urban Council Area) Notice.

2. In this notice, 'month' means a period of time commencing on the
day when a licence becomes operative and ending at the end of the day
before the corresponding date in the following month or, where there is
no correspondi date in the following month or where the commencement
date is the last day of a month, at the end of the last day of the following
month; and the period of any successive month shall be com ~fteidyin a
similar manner commencing from the day following the r date of the
previous month.

3. The following fees are payable or a licence issued by the Urban
Council in respect of

(a)a place of public entertainment, ther than that specified in sub-
paragraph (b), for a period

(i) not exceeding 1 month .................... 770

(ii) exceeding 1 month but ot exceeding

3 months ......................2,310

(iii) exceeding 3 months but not exceeding
6 months ...................4,620
(iv) exceeding 6 months but not exceeding

12 months ..................7,700;

(b)a place of public entertainment, to which regulation 3 of the
Places of Public Entertainment Regulations applies, to
accommodate-

For a
period of 12
months

(i) not more than 1000 persons 7,700
(ii) more than 1000 but not more than

1500 persons ........................... 9,700

(iii).....................more than 1500 persons 11,620.





4. Where regulation 178 of the Places of Public Entertainment
Regulations applies, the Urban Council may reduce the fee payable in
respect of any licence to the nominal sum of $65.
L.N. 227/87. Citation. Interpretation. Specification of fees. (Cap. 172, sub. leg.) Reduction of fee. (Cap. 172, sub. leg.)

L.N. 227/87. Citation. Interpretation. Specification of fees. (Cap. 172, sub. leg.) Reduction of fee. (Cap. 172, sub. leg.)

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PLACES OF PUBLIC ENTERTAINMENT REGULATIONS

PLACES S OFPUBLIC ENTERTAINMENT REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

Citation and Interpretation

1 Citation .................................... ... ... ... ... ... B 7
2. Interpretation .............................. ... ... ... ... ... ... B 7

PART 1

PERMANENT AND SEMI-PERMANENT STRUCTURES SPECIALLY
DESIGNED
AS THEATRES AND CINEMAS

Applications for licences

3.........Licences ....................... ... ... ... ... ... ... ... ... ... B 8

4...............................Notice of intention to open place of public entertainment ... ... ... B 8

Submission of plans

5.........Plans, etc . ................... ... ... ... ... ... ... ... ... ... ... B 9

Site

6......Site ................................. ... ... ... ... ... ... ... ... B 10

6A................................Premises in multi-storey non-domestic or composite buildings ... ... ... B 10

Maintenance, alterations, etc.

7...........Maintenance .................. ... ... ... ... ... ... ... ... ... B 11
8...........Notice of repairs ............ ... ... ... ... ... ... ... ... ... ... B 12

Construction and arrangement of premises

9........................Premises under or over any other building ... ... ... ... ... ... ... B 12

10..........Living rooms ................. ... ... ... ... ... ... ... ... ... B 12
11..........Openings in walls ............ ... ... ... ... ... ... ... ... ... ... B 12

12........Drainage ....................... ... ... ... ... ... ... ... ... ... B 12

13......Walls .......................... ... ... ... ... ... ... ... ... ... B 12

14...............Floors, tiers and roofs .... ... ... ... ... ... ... ... ... ... ... B 13

15.............Exit, etc. notices ........ ... ... ... ... ... ... ... ... ... ... B 13
16.............Tiers, number and slope ... ... ... ... ... ... ... ... ... ... ... ... B 13

17..........Tiers, height ................... ... ... ... ... ... ... ... ... ... B 13

18...............Level of pit and stalls .... ... ... ... ... ... ... ... ... ... ... B 13

19.............Entrances and exits .......... ... ... ... ... ... ... ... ... ... ... B 14
20.............Corridors, passages, etc . ... ... ... ... ... ... ... ... ... ... ... B 14
21. Pay boxes and check boxes B 15
22. Vestibules B 15

23. Cloak-rooms ... ... ... ... ... ..... ... ... ... ... ... ... ... ... B 15
24. Staircases ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 15











Regulation................................... Page

25. Doors and fastenings ..................... ... ... ... ... ... B 16

26. Collapsible gates and rolling shutters .... . . ... ... ... ... ... B 17

27. Barriers .............................. ... ... ... ... ... ... ... B 18

28. Chains and padlocks ...................... ... ... ... ... ... ... ... B 18

29. Gangways .............................. ... ... ... ... ... ... ... B 18

30. Non-slippery surfaces ................. ... ... ... ... ... ... ... B 18

31. Edges of steps .............................. ... ... ... ... ... ... B 18

32. Mats and floor coverings .............. ... ... ... ... ... ... ... ... B 18

33. Curtains .................................. ... ... B 18

34. Resters ............................... ... ... ... ... ... 1 ... B 18
35. Enclosures ..... ........................ ... ... ... ... ... ... B 19

36. Waiting spaces ...................... ... ... ... ... ... ... ... ... B 19
37. Permanent seating...................... ... ... ... ... ... ... ... ... B 19

38. Chairs ................................ ... ... ... ... ... ... ... ... B 39

39. Seating ...................... ... ... ... ... ... . ... ... ... B 19

40. Proscenium wall and safety curtain .... ... ... ... ... ... ... ... ... B 20
41. Stage floors, flies, gridirons and scenery ... ... ... ... ... ... ... ...
B22

42. Scenery ..................................... ... ... ... ... ... B 22
43. Storage of scenery, etc . B 22

44. Dressing-rooms and staff rooms ... ... ... ... ... . ... ... ... B 22

45. Scene stores, workshops, etc . ... ... ... ... ... ... ... ... ... ... ... B 23

Miscellaneous

46. Kitchens and serveries ... ... ... ... ... ... ... ... ... ... ... ... B 24
47. Ironwork ... ... ... ... ... ... ... ... ... ... ... . ... ... ... B 24
48. Inflammable linings, etc . ... ... ... ... ... ... ... ... . ... ... ... B 24
49. Decorations, hangings, etc . ... ... ... 1 ... ... ... ... ... ... ... ... B 24
50. Skylights, etc . ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 24
51. Fire-resisting doors, etc., to be self-closing ... ... ... ... ... ... ... ... B 24
52. Boxes ... ... ... ... ... ... ... ... ... ... ... ... . ... ... ... B 24

Fire protection arrangements

53. Fire appliances ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 24
54. Telephone and fire alarm ... ... ... ... ... ... ... ... ... ... ... B25
55. Lightning conductors ... ... ... ... ... ... ... ... ... ... ... B25

Sanitary provisions

56. Sanitary fitments ... ... ... ... ... .. 1 ... ... ... ... ... ... ... B 25
57. Natural lighting ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 25
58. Admission of light and air ... ... ... ... ... ... ... ... ... ... ... B25
59. Dustbins ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 25

Lighting, cooling, electrical, ventilating and mechanical installations







60. Certificates of stability for lighting system ... ... ... ... ... ... ... ... B 25
61. Power to ask for certificate ... ... ... ... ... ... ... 1 .. ... ... ... B 26





Regulation Page
62. Lighting ... ... ... ...... ... ... ... ... ... ... ... ... ... ... B 26
63. Minimum lighting ... ...... ... ... ... ... ... ... ... ... ... ... B 26
64. Lighting of auditorium ...... ... ... ...
... ... ... ... ... ... ... B 26
65. Necessity to provide good illumination ... ... ... ... ... ... ... ... B 26
66. Separation of systems ...... ... ... ...
... ... ... ... ... ... B 26
67. Recesses, cupboards, etc. ... ... ... ... ...
... ... ... 1 .. ... ... ... B 26
68. Oil or candle lamps ... ...... ... ... ... ... ... ... ... ... ... ... B 26
69. Lighting of exit notices ...... ... ... ...
... ... ... ... ... ... B26
70. Lighting of exit notices ... ... ...
... ... ... ... ... ... ... B 26
71. Notices in auditorium ...... ... ... ... ... ... ... ... ... ... ... B 27
72. Lighting of stage, etc., exits ... ... ... ...
... ... ... ... ... ... ... B27
73. Gas, oil, etc., lamps ... ...... ... ... ... ... ... ... ... ... ... ... B 27
74. Lamp shades ... ... ...... ... ... ... ... ... ... ... ... ... ... B27
75. Electrical intake enclosure ... ... ... ... ... ... ... ... ... ... ... B 27
76. Boiler, etc., enclosure ...... ... ... ... ... ... 1 .. ... ... ... ... B 27
77. Switchboards, control apparatus, etc . ... ...
... ... ... ... ... ... ... B 28
78. Switchboards, platforms, etc . ... ... ... ...
... ... ... ... ... ... ... B 28
79. Wiring ... ... ... ... ...... ... ... . ... ... ... ... ... ... ... B 29
80. Fittings, accessories, etc . ... ... ...
... ... ... ... ... ... ... ... ... B 29
81. Machines ... ... ... ...... ... ... ... ... ... ... ... ... ... ... B 30
82. Resistances ... ... ... ...... ... ... . ... ... ... ... ... ... ... B 30
83. Radiators and convectors ... ... ... ... .
... ... ... ... ... ... ... B 30
84. Electric kettles, irons, etc .... ... ... ... ...
... ... ... ... ... ... ... B 30
85. Stage and platform illumination ... ... ... ... ... ... ... B 30
86. Battens, footlights, etc . ...... ... ... ...
... ... ... ... ... ... ... B 31
87. Projector lamps, etc., in auditorium ... ...
... ... 1 .. ... ... ... ... B 31
88. Lamps for special purposes ... ... ... ...
... ... ... ... ... ... ... B 31
89. Special lighting ... ... ...... ... ... ... ... ... ... ... ... ... ... B 31
90. Connexions to stage sockets ... ... ...
... ... ... ... ... ... B 31
91. Electrician ... ... ... ...... ... ... ... ... ... ... ... ... ... ... B 31
92. Temporary electrical installations ... ... ...
... ... ... ... ... ... ... B 32
93. Exhibitions, etc .... ... ...... ... ... ... ... ... ... ... ... ... ... B 32
94. Lampholders, ... ... ...... ... ... ... ... ... ... ... ... ... ... B 32
95. Disused wiring and apparatus ... ... ... ...
... ... ... ... ... ... ... B 32
96. Diagram of wiring ... ...... ... ... ... ... ... ... ... ... ... ... B 32
97. Fire appliances ... ... ...... ... ... ... ... ... ... ... ... ... ... B32
98. Installations for unlicensed and main portions of premises ... ... ... ... ... B 32
99. Radio installations ... .... ... ... ... ... ... ... ... ... ... ... ... B33

Gas installations

100. Gas meters and main control ... ... ... ... ... ... ... ... ... ... ... B33

101. Guards for burners ... ... ... ... ... ... ... ... ... ... ... ... ... B33
102. Separation of supplies ... ... ... ... ... ... ... ... ... ... ... ... B 33
103. Piping ... ... ... ... ... ... ... ... ... ... ... ... ... ... B33
104. Lighting fittings, etc .... ... ... ... ... ... ... ... ... ... ... ... ... B 33











Regulation Page
105. Taps ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 33
106. Remote control ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 33
107. Other gas installations ... ... ... ... ... ... ... ... ... ... ... ... B 33

Ventilation and cooling

108. Ventilating installations ... ... ... ... .. ... ... ... ... ... ... ... B 34

109. Cooling plant ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 34
110. Positions of inlets, etc.---... ... ... ... ... ... ... ... ... ... ... B 34
ill. Ducts and shafts ... .. 1 ... ... ... ... ... ... ... ... ... ... ... B 34
112. Position of inlets, etc., in relation to stage ... ... ... ... ... ... ... ... B 35
113. Ventilation of lavatories, etc . ... ... ... ... ... ... ... ... ... ... ... B 35
114. Valves and dampers ... ... ... ... ... ... ... ... ... ... ... ... ... B 35
115. Access to fans, etc . ... ... ... ... ... ... ... ... ... ... ... ... ... B 35
116. Short-circuiting of air supply ... ... ... ... ... ... ... ... ... ... ... B 35
117. Interlocking of fans ... ... ... ... ... ... ... ... ...
... ... ... ... B 35
118. Incombustible material ... ... ... ... ... ... ... ... ... ... ... ... B 35
119. Continuous use ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 35
120. Working ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... B35
121. Ventilating shafts------------... ... ... ... ... ... B 35
122. Maintenance ... ... ... ... ... ... ... ... ... .. ... ... ... ... B 35
123. Acetylene, limelight and compressed gas cylinders ... ... ... ... ... ... B 36
124. Position and protection of lighting, heating and other fittings ... ... ... ... B 36
125. Application of regulations 108, 110, Ill, 114, 115, 118, 119, 120, 121 and 122 to
theatres and cinemas ... ... ... ... ... ... ... ... ... ... ... ... B 36

PART II

SPECIAL FIRE PRECAUTIONS RELATING TO CINEMATOGRAPH
OPERATION
AND CINEMATOGRAPH FILMS THROUGHOUT THE COLONY

126......Exits ............................ ... ... ... ... ... ... ... ... ... B 36
127......Exit doors .......................... ... ... ... ... ... ... ... ... ... B36

128.................Seating and gangways ... ... ... ... ... ... ... ... ... ... B 36
129.................Presence of licensee and attendants ... ... ... ... ... ... ... ... ...
B 36

130.....................Precaution against accidents and fire ... ... ... ... ... ... ... ... B 37
131.....................Fire service installations and equipment ... ... ... ... ... ... ... ... B37

132.................Fire-fighting requirements ... ... ... ... ... ... ... ... ... ... B 37

133..............Prohibition of smoking ...... ... ... ... ... ... ... ... ... ... ... B 37

134............Inflammable articles .......... ... ... ... ... ... ... ... ... ... ... B 37

135...................Enclosure for projecting apparatus ... ... ... ... ... ... ... ... ... B37

136.................Fittings, etc., of enclosure ... ... ... ... ... ... ... ... ... ... B37

137..............Entrance to enclosure .... ... ... ... ... ... ... ... ... ... ... B 37
138..............Openings in enclosure .... ... ... ... ... ... ... ... ... ... ... B 37

139.....................Openings in front face of enclosure, etc ... ... ... ... ... ... ... ... B 37

140..............Door. etc., of enclosure .... ... ... ... ... ... ... ... ... ... ... B 38
141..............Ventilation of enclosure .... ... ... ... ... ... ... ... ... ... ... B 38

142. Barrier........................... ... ... ... ... ... ... ... ... ... B
38











Regulation Page
143. Competent operator ... ... ... ...... ... ... ... ... ... ... ... B 38
144. Prohibition of entry ... ... ... ... ... ...
... ... ... ... ... ... ... B 38
145. Enclosure to be outside auditorium ... ...
... ... ... ... ... ... ... B 38
146. Projecting apparatus ... ... ... ...... ... ... ... ... ... ... ... ... B 39
147. Projectors ... ... ... ... ... ...... ... ... ... ... ... ... ... ... B 39
148. Take-up spools ... ... ... ... ...... ... ... ... ... ... ... ... ... B 39
149. Films to be kept in boxes ... ... ...... ... ... ... ... ... ... ... ... B 39
150. Maximum length of film ... ... ...... ... ... ... ... ... ... ... ... B39
151. Rewinding room ... ... ... ...... ... ... ... ... ... ... ... ... B 40
152. Fittings, etc., of rewinding room ...... ... ... ... ... ... ... ... ... B 40
153. Ventilation of rewinding room ... ... ... ... ... ... ... ... B 40
154. Means of egress ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 40
155. Exemption ... ... ... ... ... ...... ... ... ... ... ... ... ... ... B 40
156. Portable projector ... ... ... ...... ... ... ... ... ... ... ... ... B 40
157. Reserved space for projector in auditorium ... ... ... ... ... ... ... ... B 41
158. Projector support ... ... ... ...... ... ... ... ... ... ... ... ... B 41
159. Projector easing ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 41
160. Film boxes and films ... ... ... ...... ... ... ... ... ... ... ... ... B 41
161. Duty to exhibit relevant regulations in place where portable projector is used ... B
42

PART 111

OTHER PLACES OF PUBLIC ENTERTAINMENT

162. Licences... ... ... ... ... .. ... ... ... ... ... ... ... ... ... B 42

163. Permanent structures, water-borne craft ... ... ... ... ... ... ... ... B 43
164. Temporary structures ... ... ... ... ... ... ... ... ... B 43
164A. Power to waive, vary, add to or substitute requirements to licences granted under
Part 111 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B45

PART IV

GENERAL

165.................Boxing and wrestling contests ... ... ... ... ... ... ... ... ... ... B45

166............Special permission ......... .. ... ... ... ... ... ... ... ... ... B 46
167............Temporary building ......... ... ... ... ... ... ... ... ... ... ... B 46

168.................Power to allow modifications ... ... ... ... ... ... ... ... ... ... B 46

169..........Right of entry .................. ... ... ... ... ... ... ... ... ... B 46

170......Forms ....................... ... ... ... ... ... ... ... ... ... ... B 46

170A...........Transfer of licences .......... ... ... ... ... ... ... ... ... ... ... B 46

PART V

PENALTIES, AND POWERS OF THE LICENSING AUTHORITY AND POLICE

171..........General penalty .............. ... ... ... ... ... ... ... ... ... ... B46

172........Smoking ..................... ... ... ... ... ... ... ... ... ... B46

173..............Cancellation of licence ..... ... ... ... ... ... ... ... ... ... ... B 47
174..............Special powers of police .... ... ... ... ... ... ... ... ... ... ... B 47





Regulation Page
PART VI

USE OF CINEMATOGRAPH THEATRES

175. Cinematographs to exhibit films only except with permission ... ... ... ... B 47

PART VII

FEES

176......................Licence fees and duration of licences ... ... ... ... ... ... ... ... B 48

177........[Revoked] ...................... ... ... ... ... ... ... ... ... ... B 48

178........................Power of licensing authority to reduce fees ... ... ... ... ... ... ... B 48

Schedule..Forms .................................. ... ... ... ... ... ... ... B 49





PLACES OF PUBLIC ENTERTAINMENT
REGULATIONS

(Cap. 172, section 7)

[3 August 1934.1

Citation and Interpretation

1. These regulations may be cited as the Places of Public
Entertainment Regulations.

2. In these regulations, unless the context otherwise requires

'composite building' means a building that is partly domestic and
partly non-domestic;

'domestic', when used in relation to a part of a composite building,
means the part that is constructed, used or intended to be used for
habitation;

'domestic building' means a building constructed, used or intended to
be used for habitation;

'fire service installations and equipment' means any installations and
equipment manufactured, used or designed to be used for the
purposes of

(a) extinguishing, attacking, preventing or limiting a fire;

(b) giving warning of a fire; or

(c)providing access to any premises or place for the purpose of
extinguishing, attacking, preventing or limiting a fire;

'licensing authority' means-

(a)the Urban Council in respect of places of public entertainment
situated within the Urban Council area; and

(b)the Regional Council in respect of places of public
entertainment situated within the Regional Council area;

'new structure' means any structure hereafter erected or adapted for
use as a place of public entertainment;





'non-domestic', when used in relation to a part of a composite building,
means the part not being the domestic part of the building;

'non-dornestic building' means a building that is not a domestic
building;

'premises' means a place of public entertainment and includes any
means of ingress or egress for the purposes of and in connexion
with such place, and in cases in which such place consists of a part
or parts only of a structure includes also any other part or parts of
such structure used or intended to be used for the purposes of and
in connexion with such place;

'Regional Council area' has the meaning assigned to it in the District
Boards Ordinance;

',structure' includes any building, booth, matshed, grandstand, tent or
other erection;

'Urban Council area' has the meaning assigned to it in the District
Boards Ordinance.

PART 1

PERMANENT AND SEMI-PERMANENT STRUCTURES
SPECIALLY
DESIGNED AS THEATRES AND CINEMAS

Applicationsfor licences

3. (1) Any person who desires to keep or use premises specially
designed as a theatre or cinema shall apply in triplicate in the prescribed
form to the licensing authority.

(2) At any time after application has been made as aforesaid, the
licensing authority may, upon being informed by the Building Authority
and by the Director of Fire Services that they have no objection, issue a
licence for the use of the premises for public entertainment of the
character and for such period as may be specified in the licence.

(3) Licences issued under paragraph (2) may be renewed at the
discretion of the licensing authority after consultation with the Building
Authority and the Director of Fire Services.

4. Any person desirous of obtaining authority to open any place of
public entertainment shall first make public his intention so to do and
the purposes for which the premises will be used, by exhibiting a notice
on the proposed site, or if it is proposed to adapt an existing structure,
upon such structure, in such a position that it can be plainly read from
the main road upon which the site or structure fronts, or by
advertisement in 4 newspapers (2 English and





2 Chinese) circulating in the Colony. A copy of the notice or of each of
the 4 newspapers, as the case may be, shall be forwarded to the
licensing authority.

Submission of plans

5. (1) Unless exempted in writing by the licensing authority, the
applicant shall submit to the Building Authority

(a)complete plans, elevations and sections to a ratio of not less
than 1:100; and

(b)a block plan on a separate sheet showing the position of the
premises in relation to any adjacent lots and buildings and to
the public thoroughfares upon which the site of the premises
abuts, drawn to a ratio of not less than 1:200.

(2) In connexion with the installation of any electrical, lighting,
cooling, ventilating or mechanical apparatus, every applicant and every
licensee shall submit to the Building Authority detailed specifications,
accompanied by such drawings and diagrams as the Building Authority
and the Director of Fire Services may consider necessary to enable the
proposal to be fully considered and to form an adequate record of the
work when completed. The specifications and drawings shall be
furnished before the work in connexion with the erection or adaptation
of premises is commenced. The specifications as far as they relate to
mechanical ventilation or cooling shall show the size and area of inlet
and outlet openings, ducts and shafts for the conveyance of air, the
construction of and the means of access to ducts and shafts, and details
of the apparatus proposed for cleansing or cooling the air. The
proposed sizes and routes of pipes for fire hydrants, drenchers and
sprinklers and the position of the fire appliances and control valves shall
be clearly indicated.

(3) All plans should be coloured to distinguish the materials
employed in the construction of premises, and shall be accompanied by
such description of the materials to be used and the mode of
construction to be adopted as may be necessary to enable the Building
Authority to judge whether these regulations will, when the premises
have been completed, be complied with.

(4) The width of all staircases and the number of steps in each, the
width of corridors, gangways and doorways and the heights of the tiers
and other parts of the premises shall be indicated on the drawings.

(5) The thickness of the walls shall be clearly shown by figures.

(6) The plans shall show the seating and the numbers of persons to
be accommodated in the various parts of the premises.

(7) On completion of the structure and equipment, complete revised
drawings on linen shall be forwarded to the Building Authority and the
licensing authority for retention.





Site

6. (1) This regulation shall apply only to premises which
abut upon and have frontages to 2 or more thoroughfares.

(IA) The frontages shall be of adequate length and shall,
except in special circumstances, form at least one-half of the total
boundaries of the site of the structure, excluding recesses and
projections which do not prejudicially affect exits, and shall permit
of the provision of suitable exits in accordance with these regula-
tions from each tier or floor direct to 2 or more thoroughfares. The
thoroughfares shall be of such widths as will enable the persons who
are to be accommodated to disperse rapidly in the event of fire or
panic and as will afford facilities for the approach of fire appliances.

(2) In cases in which premises will accommodate more than
500 but not more than 2 000 persons one of the thoroughfares upon
which such premises abut shall be at least 12 m wide.

In cases in which premises will accommodate more than 2 000
but not more than 3 000 persons one of the thoroughfares shall be
at least 12 m wide and of the others one shall be at least 9 m wide if
a carriageway or 6 m wide if a footway.

In cases in which premises will accommodate more than 3 000
but not more than 5 000 persons one of the thoroughfares shall be at
least 15 m wide and of the others one shall be at least 9 m wide.

In cases in which premises will accommodate more than 5 000
persons such further frontage to the thoroughfares shall be provided
as the Building Authority may require.

(3) In cases of small halls and other similar structures accom-
modating not more than 500 persons, and of rooms or other
premises forming part only of a structure, special consideration shall
be given to the circumstances in each case.

(4) In any case in which some of the exits from premises
discharge into a back street which is little frequented and not
accessible by a short route from the thoroughfare in which the
entrances are situate, direct access between the 2 thoroughfares
shall be provided by means of an external passageway if the
Building Authority so requires.

(5) Passageways referred to in this regulation shall be and
shall remain under the complete control of the licensee, shall be
unobstructed, shall be open to the sky, and if less than 3.5 m wide
shall not be overlooked by windows from adjoining buildings at a
height of less than 3.5 m.

6A. (1) This regulation shall apply to premises other than
those to which regulation 6 applies.

(2) Notwithstanding regulation 12, premises to which this
regulation applies may be situated on any one or more storeys in a
non-domestic building, or on any one or more storeys in the





non-domestic part of a composite building, which consists of 2 or more
storeys, including any basement, if such building does not contain any
of the following businesses or operations

(a) a motor vehicle repair garage;

(b) a petrol station;

(c) a godown or warehouse;

(d) a factory or other industrial undertaking;

(e) a school; or

(f) a child care centre.

(3) Premises, whether one or more, to which this regulation applies
shall not accommodate more than 2 000 people in the aggregate in any
one building.

(4) Notwithstanding regulations 19, 22 and 35, premises to which
this regulation applies may, with the approval of the Building Authority
and the licensing authority, share the facilities of exits, foyers, waiting
spaces, vestibules and enclosures for projecting apparatus with any
other premises situated in the same building whether or not such
facilities are on the same storey as the premises, to which this regulation
applies, are situated.

Maintenance, alterations, etc.

7. (1) All parts of premises and the fittings and apparatus therein,
including any safety curtain and seating, door fastenings and notices,
and the lighting, electrical, cooling, ventilating, mechanical and other
installations, shall be maintained at all times in good order and condition
and as approved by the Building Authority and the licensing authority.

(2) Alterations or additions whether permanent or temporary to the
structure, the lighting, electrical, cooling, ventilating, mechanical or
other installations, or to the seating, gangways or other installations, or
to the seating, gangways or other arrangements at premises, as
approved by the Building Authority and the licensing authority from
time to time, shall not be made except with the consent in writing of the
Building Authority and the licensing authority and in accordance with
the conditions of such consent. Notice in writing shall be given to the
Building Authority and the licensing authority of any alteration or
addition proposd to be made, and such notice shall be accompanied by
full details and, if necessary, by drawings in duplicate. The work shall
not be commenced until the plans have been approved:

Provided that the provisions of this paragraph shall not require
notice to be given to the Building Authority of any work which is
necessary for the efficient maintenance of the premises and of the
electrical and other installations.





8. Notice in writing shall be given to the Building Authority and the
licensing authority of intention to carry out repairs or redecorations
necessitating the use of scaffolding, cradles or plant involving risk of
injury, obstruction, fire or panic, if it is intended that the public shall be
admitted while such scaffolding, cradles or plant are in position or in
use. If the licensing authority so requires, the premises shall be closed
to the public until the work has been completed and the scaffolding,
cradles and plant removed.

Construction and arrangement of premises

9. (1) Premises in which a stage will be provided and in which
scenery will be used shall not be constructed underneath or on the top
of any part of any other structure.

(2) Premises in which a stage will not be provided and in which
scenery will not be used shall not be constructed underneath or on top
of any part of any other structure or in any basement except with the
consent in writing of the Building Authority and the licensing authority.

10. Living rooms shall not be provided in the premises except with
the consent in writing of the Building Authority and the licensing
authority.

11. (1) Any openings in the premises overlooking an adjacent site
upon which an inflammable structure is erected or upon which
inflammable material is stored shall be protected to the satisfaction of
the licensing authority.

(2) Except with the consent in writing of the Building Authority and
the licensing authority, openings shall not be made in the walls or roof
of the premises within a horizontal distance of 3.5 m of any other
structures, whether then existing or likely to be made, overlooking the
premises.

12. In no case shall the lowest floor of the premises be at a lower
level than that by which it can be effectually drained by gravitation into
a public sewer, and such premises shall be drained to the satisfaction of
the Building Authority.

13. (1) The premises shall be enclosed with external or party walls
of brick, stone or concrete of such thickness as the Building Authority
may require.

(2) Where the premises are only part of a structure they shall, if so
required by the Building Authority and the licensing authority, be
separated from the other parts of the structure by walls and other
structures of fire-resisting materials in a manner to be approved by the
Building Authority and the licensing authority, and have no openings in
the walls or in any other part of the premises which overlook any
portion of the adjoining part and which may be liable to communicate
fire to the premises.





14. (1) The floors, tiers and roofs of the premises shall be entirely of
fire-resisting materials to the satisfaction of the Building Authority and
the licensing authority.

(2) Wood flooring, where permitted, shall be laid directly on to
concrete and shall be suitably protected against dry rot. In any position
where this form of construction is impracticable, the wood flooring shall
be 32 mm thick and shall be grooved and tongued.

(3) All wood centering used under concrete or other positions shall
be removed, and centering in positions from which removal is
impracticable shall be of metal.

15. (1) All doors or openings approved by the Building Authority
and the licensing authority for the purpose of egress from the premises
and all such doors from the stage and dressing rooms shall be clearly
indicated by the word EXIT in block letters in English and Chinese. The
letters shall not be less than 175 ram, high.

(2) Such notices shall be at a height of at least 2 m above the floor
and, where possible and desirable, shall be placed over such doors or
openings.

(3) Doors and openings, other than exits, in sight of the audience,
which lead to portions of the premises accessible to the public, shall
have notices placed over them indicating the use of such portions. Such
doors and openings shall not resemble exits.

(4) Notices and signs (handpointers) indicating the way out of the
premises shall be provided as the licensing authority may consider
necessary.

(5) Notices bearing the words NO EXIT shall not be provided.

16. Save in exceptional circumstances, the premises shall not have
more than 2 tiers, including the gallery, above the level of the pit, and a
tier shall not be constructed with a slope of more than 35 degrees.

17. The height between any floor and the under side of the tier or
ceiling above it shall in no part be less than 3 m.

18. The floor of the highest part of the pit, or of the stalls where
there is no pit, shall not be more than 150 mm above the level of the
street at the principal entrance to the pit and the lowest part of the floor
of the pit or stalls shall not be more than 5 m below the level of the street
at the principal entrance to the pit, except that where owing to the
natural levels of the site and adjoining roads this is not possible or
where regulation 6A applies to the premises, then such floor levels shall
be subject to the special approval of the Building Authority.





19. (1) Two separate exits shall be provided from every tier or
floor which accommodates not more than 500 persons, and one
additional exit shall be provided for every 250 or part of 250 persons
above 500.

(2) Two of the exits from each tier or floor shall open into
different thoroughfares or ways.

(3) If the tier or floor accommodates not more than 300
persons the width of each exit shall be not less than 1.2 m measured
between the walls at any point or between the leaves of the doors
when open, and if the tier or floor accommodates more than 300
persons the width of each of the exits shall be not less than 1.5 m
measured in like manner.

(4) In the case of any premises or portions of premises which
are 12 m or more above pavement level the total width of exits
provided shall be 25 per cent in excess of the width required by
paragraph (3).

(5) If any tier or floor be divided into 2 or more parts exits as
required by this regulation shall be provided from each of such
parts.

(6) In calculating the number of persons who can be accom-
modated in any tier or floor or part of a tier or floor, the accom-
modation of all standing and waiting spaces in such tier or floor or
part of a tier or floor shall be included. For the purpose of this
regulation, any tea room, lounge, restaurant or foyer shall be
regarded as a waiting space.

(7) Exits shall be arranged so as to afford a ready means of
egress from all parts of each tier or floor and shall lead directly into
thoroughfares or ways. In the case of theatres and music halls and
other premises where the principal fire risk is on the stage, some of
the exits from each part of each tier or floor shall be placed in
positions remote from the stage.

(8) Steps leading from any tier or floor to an exit shall, if
necessary, be screened from such tier or floor by fire-resisting
materials and shall be lighted to the satisfaction of the Building
Authority and the licensing authority.

(9) All entrance and exit doors, other than pass doors in
connexion with spaces in which persons await. admission, shall be
arranged so as to be available for exit during the whole of the time
that the public are on the premises.

(10) No lift shall be considered as an exit within the meaning of
these regulations.

20. (1) Every lobby, corridor or passage intended for the use
of the audience shall be formed of fire-resisting materials and shall,
when finished, be at the narrowest point of the widths specified for
exits in regulation 19(3) and (4).





(2) Where possible, inclines shall be used instead of steps but no
corridor, passage or gangway outside the auditorium shall be inclined to
a steeper gradient than 1 in 10.

(3) Where a sloping corridor leads direct to a stair the corridor, for
a distance of 1.5 m from the stair, shall be level.

(4) There shall be no projections, other than handrails as provided
for in regulation 24(8), exceeding 50 mm from the walls of such corridors
or passages within 2 m of the floor. All recesses shall be defended.

21. (1) Pay boxes and check boxes shall be placed so as not to
obstruct exitways, and pay boxes shall be adequately ventilated.

(2) Pay boxes, check boxes and attendants' seats shall be fixed in
such positions as not to obstruct means of exit, and any mirrors,
pictures, notices or advertisements which may be permitted by the
licensing authority shall be attached to or hung upon the walls in
positions in which they will not be likely to cause obstruction to exit and
shall be fixed flat against the wall or kept clear of the head-line, i.e. 2 m
above the floor.

(3) Advertisement boards or easels shall not be placed in positions
in which they are likely to obstruct means of exit or to be overturned.
Notice in writing of any proposal to rail off a portion of the vestibule for
the accommodation of such boards or easels shall be given to the
licensing authority and written consent obtained in the manner
prescribed by regulation 7(2).

22. (1) The aggregate unobstructed width of all the exit doorways
or passages that lead from a vestibule towards a thoroughfare or way
shall be at least one-third greater than the aggregate width of all the exits
that lead into such vestibule.

(2) Any portion of a vestibule used for the display of loose or
projecting advertisement boards or easels shall be defined by means of a
chain or other device.

23. (1) Provision shall not be made in the corridors for hanging hats
and cloaks.

(2) Where cloak-rooms are provided, they shall be enclosed in fire-
resisting materials, shall be adequately ventilated and shall be so
situated that the persons using them shall not interfere with the free use
of any exitway. The fittings shall be of metal or hardwood.

24. (1) Staircases intended for the use of the public from any tier or
floor or part of a tier or floor accommodating not more than 300 persons
shall be in no part less than 1.2 m wide and such staircases from any tier
or floor or part of a tier or floor accommodating more than 300 persons
shall be in no part less than 1.5 m wide.





(2) Such staircases shall be without winders, shall be in flights of
not more than 16 or less than 3 steps each, shall not have more than 2
successive flights without a turn, and if there be more than 12 steps in a
flight, shall not have more than one flight without a turn.

(3) The several flights of steps shall be properly supported and
enclosed to the satisfaction of the Building Authority and the licensing
authority.

(4) Staircases, unless constructed of reinforced concrete, shall
have solid square (as distinguished from spandrel) steps.

(5) The landings, unless constructed of reinforced concrete, shall
be at least 150 mm thick, and the depth of the landing between the
flights shall not be less than the width of the flight.

(6) The treads shall be not less than 280 mm wide and the risers not
more than 150 mm high. The treads and risers of each flight shall be of
uniform width and height. Each step shall lap at least 25 mm over the
back edge of the step below.

(7) Every staircase and the roof thereof shall be of such fire-
resisting material and construction as may be approved by the Building
Authority and the licensing authority.

(8) A continuous handrail shall be fixed on each side of all steps
and landings at a height of 850 mm above the steps or landings. The rail
shall be supported by strong metal brackets built into the wall and shall
not project more than 75 mm. Where the flight of steps returns the newel
wall shall be chased so as to allow the handrail to turn without
projecting over the landing.

(9) Any other projections from the walls of a staircase shall be at
least 2 m above the steps or landings and any recesses shall be
defended.

25. (1) All doors used by the public as exit doors shall, unless
otherwise agreed in writing by the Building Authority and the licensing
authority, be hung in 2 folds, shall be made to open in the direction of
exit and shall be hung so as not to obstruct, when open, any gangway,
passage, staircase or landing. If such doors are also intended for use as
entrances one of the folds shall be made to open both ways.

(2) Doors leading from exit passages, staircases or corridors shall,
where considered necessary by the licensing authority, be hung so as
to be closed by the stream of persons passing from the auditorium to
the street, and shall in any case be fitted with springs and arranged so
as not to clash with exit or other doors.

(3) A door shall not open immediately upon a step or steps but a
landing at least 900 mm in depth shall be provided between the step or
steps and the door.





(4) Where for convenience of working a door not providing
fire separation is required to be held open into a vestibule or
corridor, it shall be fitted with a suitable device which will allow it to
shut readily by gentle pressure in case of emergency.

(5) No fastenings other than automatic bolts shall be fitted on
exit doors. The automatic bolts shall be without sharp projections
and shall be of such pattern that horizontal pressure on either cross
bar will open the doors. The cross bars shall not be placed at a
greater height than 900 mm. Doors fitted with automatic bolts
shall have the words PUSH BAR TO OPEN painted upon them in
block letters at least 100 nun high, in English and Chinese.

(6) Locking bars, hasps, staples, crew-eyes or any fastenings
other than automatic fastenings shall not be fitted on exit doors.

(7) In the case of exit doors which it may be desired to keep
open while the public are on the premises, special provision shall be
made for fastening them open in such a manner as not to form
recesses. Any cabin hooks or fittings which may be used shall not
prevent a door from opening back to the full extent.

(8) Gates across exitways shall not be fitted with any fasten-
ings other than automatic bolts, shall he made to open both ways
and shall be so fitted that when opened inwards they can be locked
back against the wall in such a manner as to require a key to release
them. When locked back they shall not form an obstruction.

(9) Automatic bolts on external gates shall be of a specially
strong type and the working parts shall be of a metal not liable to
corrosion.

(10) Door handles or other door fittings shall not project into
exitways more than 50 mm when the doors are open or closed.

(11) Internal exit doors shall be made to swing or to open in the
direction of exit and shall not be fitted with any fastenings other
than automatic bolts.

(12) Revolving doors shall not be provided. Roll-up shutters or
collapsible gates shall not be provided without the consent in writing
of the licensing authority.

26. (1) Collapsible gates or rolling shutters shall not be
installed in entrances or exits without the consent in writing of the
licensing authority, and any such gates or shutters which may be
installed shall be opened to allow full width and necessary height of
exitway before the admission of the public and shall be kept locked
in that position during the whole of the time that the public are on
the premises.

(2) Locks, monkey-tail, flush or barrel bolts, or locking bars
or other obstructions to exit, other than such as are permitted by this
regulation, shall not be fitted on such gates or shutters.





27. (1) Any barriers which may be provided for checking or
controlling admission shall be arranged so that the portions immediately
in the line of exit open automatically upon pressure being applied in the
direction of exit and so as not to reduce the width of the exitway. All
such barriers shall be shown on the plans submitted.

(2) Rope barriers shall be fitted with automatic catches or slip
connexions and shall be arranged so as not to trail on the floor when
parted and the fittings shall not project into the gangway or exitway.

28. If chains and padlocks be used for securing exit doors when the
public are not on the premises, a keyboard shall be provided in a
position approved by the licensing authority and before the admission
of the public the chains and padlocks shall be hung upon such board,
each in an allotted position, and shall remain upon the board during the
whole of the time that the public are on the premises. The position of the
board shall be so situated as to be easily discernable by any police or
authorized inspecting officer.

29. (1) Gangways not less than 1.05 m wide shall be formed-

(a) leading direct to the exit doors; and

(b)intersecting the rows of seating in such a manner that no seat
shall be more than 3 m from a gangway measured in the line of
seating.

(2) Where steppings are provided in intersecting gangways,
suitable hand-grips shall be provided at the ends of the seats.

(3) There shall be no projections into a gangway which diminish
the clear width of the gangway.

30. All gangways and exitways and the treads of steps and
stairways shall be maintained with non-slippery surfaces.

31. The edges of the treads of steps and stairways shall be made
conspicuous, if so required by the licensing authority.

32. Drugget, matting, crumb cloths and other floor coverings shall
be secured and maintained so as not to be likely to ruck or to be in any
way a source of danger.

33. Any curtains which may be permitted by the licensing authority
to be hung over doorways or in or across corridors or gangways shall
not conceal notices, shall be parted in the centre and shall be hung so
that they can readily be drawn aside and so as not to trail on the floor.

34. (1) Guard rails not less than 1.1 m high measured from the floor
level or inclined guard rails of a projection and pattern to be approved
by the Director of Fire Services shall be provided on the resters in front
of gangways in tiers.





(2) The tops of resters shall be constructed with the surface
inclined towards the seating at an angle of 30 degrees, and shall be
concave in section, or shall be provided with such other means as to
allow only small articles to be placed thereon and to ensure that such
articles are not liable to fall to the tier or area below.

35. At theatres, music halls or other like premises no enclosure
(except refreshment rooms, foyers and waiting spaces), where the
public can assemble for any purpose other than to view the per-
formance, shall be provided.

36. Where so required by the licensing authority suitable
accommodation shall be provided for persons awaiting admission to
the seating, at premises referred to in regulation 35.

37. (1) The seating area assigned to each person shall be not
less than-

(a) 700 mm deep where backs are provided; or

(b) 600 mm deep where backs are not provided; and

(e) 500 mm wide where arms are provided; or

(d) 450 mm wide where arms are not provided.

(2) In all cases there shall be an unobstructed way or space at
least 300 mm in depth, measured between perpendiculars, between
the back of each seat and the front of the seat immediately behind.

(3) The seating shall be fixed firmly to the floor.

(4) If seats be made to tip up automatically they shall be
actuated by weights.

38. (1) In the case of any premises which are not intended to
be used regularly for a closely-seated audience, the seating shall be
arranged in accordance with regulation 37(1) and (2) and provision
shall be made for fixing securely to the floor the rows of seating
flanking the front, back and cross gangways and the seats near exits.

(2) If chairs are used they shall be battened together in lengths
of not less than 4 chairs.

39. (1) Premises shall not be used for a closely-seated
audience except in accordance with plans previously submitted to
and approved in writing by the Building Authority and the licensing
authority.

(2) In the case of premises used regularly for a closely-seated
audience the seating shall be firmly fixed to the floor.

(3) A copy of the seating plan shall be kept readily available at
the premises and shall be shown to any authorized inspecting officer.





(4) Opera glasses or other articles which may be attached to the
backs of seats must not reduce the clear width of seatways or constitute
objectionable projections, and any attachment shall be so arranged as
not to trail on the floor or cause any obstruction.

40. (1) In all structures in which a permanent stage is provided

(a)such stage shall be separated from the auditorium by a brick
proscenium wall not less than 340 mm in thickness, and such
wall shall be carried up the full thickness to a height of at least
900 mm above the roof, measured at right angles to the slope
of the roof, and shall be carried down below the stage to a
solid foundation;

(b)not more than 3 openings shall be formed in the proscenium
wall, exclusive of the proscenium opening. No such opening,
other than the proscenium opening, shall exceed 2 M2 in area,
nor at its lower part shall it be at a higher level than 900 mm
above the floor of the stage. Such openings shall be closed
with double teak or oak doors 50 mm thick hung in fire-
resisting frames with a 25 mm lap, or with such other fire-
resisting doors and frames as may be approved by the
Building Authority. The doors shall be made self-closing and
silent in action;

(e)the proscenium opening shall be provided with a fireresisting
safety curtain, to be used as a drop curtain, of such pattern,
construction and gearing. and with such arrangements for
pouring water upon the surface of the curtain towards the
stage, as may be approved by the Building Authority and the
Director of Fire Services;

(d)all the decoration around the proscenium opening shall be
constructed of fire-resisting materials;

(e)an exit shall be provided from each side of the stage, and one
of such exits shall lead direct to a street or through an
unventilated lobby constructed of fire-resisting materials with
self-closing fire-resisting doors hung to open outwards and
fitted with automatic fastenings only;

an exit leading direct to a street or way shall be provided from
the stage basement and permanent ventilation to the
basement shall be provided direct to the outer air;

(g)electric light shall be the only illuminant used for the stage,
and smoking thereon is prohibited except when required in a
stage production;

(h)the safety curtain to the proscenium opening shall be lowered
and raised in the presence of each audience. The licensee shall
notify the Building Authority and the Director of Fire Services
immediately in the event of the safety curtain being out of
order;





(i)whenever the safety curtain is lowered all lights in the
auditorium shall be immediately lighted;

(j)the words SAFETY CURTAIN in plain block letters, and the
Chinese characters %AK shall be painted on the safety
curtain. The letters and characters shall be not less than 300
ram high and shall be in a central position in which they can
be seen from all parts of the auditorium and not less than 900
mm from the bottom of the safety curtain. If it be desired to
place upon the safety curtain any advertisement or decoration
such advertisement or decoration shall be painted upon the
curtain itself and shall not be within 300 mm, of any portion of
the words SAFETY CURTAIN or of the Chinese characters

(k)wires and ropes in connexion with gymnastic or other
displays or any other apparatus or scenery or properties shall
not at any time during the performance cross the plane of
descent of the safety curtain. Special precautions shall be
taken by the licensee to ensure that curtains or hangings do
not in any circumstances interfere with the descent of the
safety curtain;

(1)except as provided in this paragraph the space above the
stage shall be of sufficient height to allow of the safety
curtain being raised in one piece above the top of the
proscenium opening and of all scenes being so raised without
rolling. Where in existing buildings the space above the stage
is insufficient to allow the safety curtain to be raised in one
piece, sectional safety curtains of such design as may be
approved by the Director of Fire Services may be provided;

(m)the roof over the stage shall be of fire-resisting material and
shall be provided with a lantern light or lights at the back
thereof equal at the base to one-sixth of the area of the stage.
Such lantern light shall be glazed at the sides with sheet glass
not more than 3 mm in thickness and shall be capable of being
opened to an extent equal at least to the superficial area
required at the base of the lantern light. The sashes shall be
bottom hung to open outwards, shall be of a type that cannot
be rendered in-operative by warping or settlement or by dirt
and shall be capable of being opened by the cutting of a cord
or the fusing of a link. Such cord shall be brought down to the
stage to a position near the safety-curtain release and shall be
suitably indicated;

(n)the stage shall be ventilated to the satisfaction of the Building
Authority;

(o)the sashes and other moving parts of the lantern light shall be
tested periodically to ensure their being in efficient working
order. There shall be no obstruction to the upward flow of air
from the stage to the ventilators.





(2) Subject as provided in this paragraph this regulation shall apply
to all structures as aforesaid, whether already erected or hereafter to be
erected:

Provided that it shall be lawful for the Building Authority, after
consultation with the Director of Fire Services, to exempt any structure
for such period or periods as he may think fit from all or any of the
provisions of this regulation.. any such exemption may be subject to
such conditions as the Building Authority may see fit to impose.

(3) The owner and the licensee of any structure as aforesaid in
respect of which any failure to comply with any provision of this
regulation is proved to exist or to continue shall upon summary
conviction be liable to a fine of $1,000.

41. (1) Stage floors shall be of hardwood not less than 32 mm thick
with hardwood or fire-resisting supports and shall be sufficiently strong
for any type of performance which is likely to be given.

(2) Flies, including lighting flies and perches and gridirons, shall be
of fire-resisting material and adequate means of escape direct to the
open air shall be provided therefrom.

(3) Scenery shall be counterweighted and hung on wire ropes as far
as practicable. Counterweights of scenery shall be guarded, and where
possible shall be carried to the walls and eased in.

(4) Access to flies, gridirons, electricians' perches and other raised
platforms, other than lighting perches not more than 1.2 m above or
below a platform or fly to which suitable access is provided, shall be by
means of step-ladders with handrails

42. Except with the consent in writing of the licensing authority and
in accordance with any conditions of such consent, scenery or stage
properties shall not be kept or used on any platform or in any other part
of premises which are not provided with a safety curtain of a pattern
approved by the licensing authority.

43. (1) Scenery or properties shall not be kept or used in the stage
basement or in any part of premises other than on the stage or in the
approved scene or property store.

(2) The stage shall not in any circumstances be congested with
scenery or properties, or the exits therefrom obstructed during
performances.

(3) Except with the consent in writing of the licensing authority and
subject to the conditions of such consent, scenery or properties shall
not be placed on the auditorium side of the safety curtain.

44. (1) Such dressing-room and staff-room accommodation for
performers, musicians and staff shall be provided for both sexes as the
licensing authority may consider necessary, having regard to





the use proposed to be made of premises and the maximum number
of persons to be employed.
(2) The dressing-rooms shall be separated from the remainder
of premises by walls constructed of fire-resisting materials, with only
such means of communication therewith as may be approved by the
licensing authority.
(3) A ventilated lobby or corridor constructed of fire-resisting
materials shall be provided between the stage and the dressing-room
block, and such lobby shall be fitted with self-closing fire-resisting
doors at each end thereof so fitted as to swing both ways.
(4) Ventilation direct to the open air shall be provided to the
corridors in the dressing-room block.
(5) All dressing-rooms and staircases leading thereto shall be
constructed of fire-resisting materials and shall be connected with
exits leading direct into a thoroughfare or way, one of such exits
being independent of any exit by way of the stage or the approaches
thereto.
(6) All fittings in dressing-rooms shall as far as practicable be
fire-resisting.
(7) Dressing-rooms shall not be situated more than one storey
below the street level.
(8) The exit doors from the dressing-room block shall be fitted
with automatic bolts only. The doors to single dressing-rooms may
be fitted with other approved fastenings. Permanent ventilation shall
be provided to dressing-rooms by means of flues built into the
brickwork or by such other means as may be approved by the
Building Authority.

45. (1) Suitable workshops, store rooms, scene stores, prop-
erty stores and offices shall be provided if required by the licensing
authority.
(2) Workshops, store rooms, scene stores, property stores and
wardrobe and painting rooms shall be separated from the public
portion of premises and from one another by brick or concrete walls
not less than 225 mm thick or by such other construction as may be
approved by the licensing authority and shall be ventilated to the
satisfaction of the licensing authority from the highest point direct
to the open air.
(3) All openings in such division walls shall be of such size as
the Building Authority and the licensing authority may approve and
shall be fitted with fire-resisting doors or fire-resisting screens. If iron
doors are provided they shall overlap the door frame at least 75 mm
when closed, and if made in 2 folds such folds shall overlap each
other at least 75 mm when closed.
(4) The floors and ceilings of the portions of premises men-
tioned in paragraphs (1) and (2) shall be formed of fire-resisting
materials.





Miscellaneous

46. (1) Kitchens and serveries shall be separated from the
public portion of premises by fire-resisting materials. This regulation
shall not apply to the provision of a grill in a restaurant.
(2) Ventilating shafts from kitchens shall be constructed so as
to allow of frequent cleaning.

47. Constructional ironwork shall, if considered necessary by
the Building Authority, be embedded in fire-resisting materials.

48. Soft wood or other inflammable wall linings, decorations,
partitions, screens or barriers shall not be used in any part of
premises and cavities shall not be left behind any linings or
decorations.

49. All fixed or permanent decorations shall be of incombus-
tible materials. Any fixed hangings and curtains which may be
permitted by the licensing authority shall be of heavy woollen
material only.

50. All skylights and lantern-lights which may be liable to be
broken, other than the lantern light over the stage, shall be fitted
with wired glass.

51. All fire-resisting doors, screens and shutters and smoke
doors shall be maintained self-closing and shall not be secured open
while the public are on premises.

52. (1) The sides of any boxes which may be provided shall
not exceed 900 mm in height and the fronts of the boxes shall be
formed of open balustrades or grilles.

(2) Curtains shall not be provided to boxes and recesses shall
not be obscured by curtains.

Fire protection arrangements

53. (1) Fire Service installations and equipment shall be pro-
vided to the satisfaction of the Director of Fire Services.

(2) Hydrants shall be provided in theatres, music halls, exhi-
bition halls and in any other premises in which, in the opinion of the
Director of Fire Services, such protection is necessary.

(3) Automatic sprinklers shall be provided in the stage portion
of all theatres and music halls and in scene stores and property stores
and such workrooms and other portions of premises as the Director
of Fire Services may specify in each case.
(4) Hydrants shall be provided with the Hong Kong Fire
Services Department standard fittings. Hydrants, drenchers and
sprinklers shall be connected with a main on which a suitable
pressure and volume of water are always available.





54. In theatres and music halls and any other premises in
which, in the opinion of the licensing authority, such protection is
necessary, direct telephone communication shall be established with
the nearest Fire Services Department Station.

55. Premises shall be provided with lightning conductors if
considered necessary by the Building Authority.

Sanitary provisions

56. (1) Every place of public entertainment shall be provided
with watercloset fitments, urinals and lavatory basins in accordance
with the provisions of the Building (Standards of Sanitary Fitments,
Plumbing, Drainage Works and Latrines) Regulations, notwith-
standing that the place of public entertainment may be situated in a
part of the Colony to which those regulations do not apply.

(2) Waterclosets shall not, save where unavoidable, be
approached directly from the auditorium or from any space in
which the public await admission.

(3) If lengthy cinematograph displays are to be given in any
place of public entertainment, one of the watercloset fitments or
urinals required, by the Building (Standards of Sanitary Fitments,
Plumbing, Drainage Works and Latrines) Regulations, to be pro-
vided for the persons employed or likely to be employed therein shall
be provided contiguous to the operating enclosure.

57. Natural lighting by means of windows or skylights shall be
provided to the auditorium and (where practicable) to all other parts
of premises. Suitable curtains or shutters may be provided so that
during performances the windows and skylights may be obscured.

58. All means for the admission of light and air shall be
utilized as far as practicable when premises are not in use by the
public and all windows and skylights shall be kept clean.

59. An adequate number of metal bins or receptacles with
properly fitting covers shall be provided for dust and refuse. Such
receptacles shall be maintained in a clean and wholesome condition,
in an open area or other suitable place.

Lighting, cooling, electrical, ventilating and
mechanical installations

60. An application for a licence or renewal of a licence under
the regulations in this Part shall be accompanied by a certificate of
stability of the alternative gas lighting system after an examination
of the installations.





61. If the licensing authority thinks it expedient he may call
upon the licensee of premises to furnish a certificate of stability of
the electric system.

62. All portions of premises to which the public have access
shall be provided with 2 independent systems of lighting, i.e.
electricity and gas, to the satisfaction of the licensing authority and
the lighting points provided in accordance with this regulation shall
be indicated to the satisfaction of the licensing authority.

In any portion of premises the total illumination on the 2
systems required by this regulation is hereinafter referred to as
'minimum lighting' of that portion.

63. The minimum lighting in all portions of premises shall be
maintained continuously while the public are on the premises:

Provided that so long as there is sufficient daylight in any
portion of the premises artificial light need not be maintained in that
portion.

64. For the preservation of orderly conduct as much light shall
be maintained in the auditorium as is possible without detriment to
the performance or entertainment.

65. Good general illumination shall be provided in the audi-
torium whenever possible without detriment to the performance
or entertainment.

66. Each system of lighting shall be so installed that a fault or
accident on one system cannot in any circumstances affect the other.

67. The lighting points shall be so arranged that all parts of the
premises, including recesses and cupboards, can be adequately
illuminated.

68. If the installation of oil or candle lamps be permitted by
the licensing authority the lamps shall be of a pattern approved by
the licensing authority and shall be properly fixed away from
woodwork or other combustible materials and where practicable
they shall be out of reach of the public. Lamps for burning kerosene
or other mineral oil shall not be provided.

69. Provision shall be made so that each notice indicating an
exit can be illuminated by a light on each system. In the auditorium
of a theatre or music hall. and in such other places or positions as the
licensing authority may determine, provision shall be made so that
such notice can be internally illuminated by a light on at least one of
the systems.

70. The lighting of exit notices shall not in any circumstances
be extinguished or dimmed while the public are on the premises.





71. Notices, other than exit notices, in or about the auditorium
or main hall, shall not be internally illuminated.

72. Corridors and staircases, which form the means of escape
from any stage or platform or from any dressing or retiring rooms,
and the notices indicating the exits from such portions of the
premises, shall be provided with 2 independent systems of lighting
to the satisfaction of the licensing authority:

Provided that, in the case of small premises, 2 independent
systems of lighting need not be provided if the licensing authority is
satisfied that 2 systems are not necessary in those portions of the
premises.

73. Gas, oil or candle lamps shall not be installed within the
limits of the stage or platform or in positions in which it is possible
for them to come into contact with scenery or properties.

74. (1) Lamp shades of inflammable material shall not be
provided.

(2) Lamp shades shall be of incombustible material except
when intended for use in positions remote from combustible
materials. If shades of combustible material be provided for use
in such positions, they shall be rendered satisfactorily non-
inflammable, shall be suitably ventilated to the satisfaction of the
licensing authority and shall be so arranged that, in case of electric
lighting fittings, it is not possible for the shades to come into contact
with the lamp or holder, and in the case of gas fittings, the shades are
efficiently protected from the flame or from any parts of the fitting
liable to reach a high temperature. No large or elaborate shade shall
be provided without the previous consent of the licensing authority.

75. (1) The main switches, meters and other electrical
apparatus in connexion with the intake from the supply undertaking
shall be installed in an enclosure. The enclosure shall be in a dry
place, and shall be of adequate size, constructed of fire-resisting
materials and adequately ventilated.

(2) The enclosure referred to in paragraph (1) shall be used
only for the accommodation of such apparatus, and no water or gas
pipes shall be therein. Means shall be adopted to the satisfaction of
the Building Authority and the licensing authority to prevent smoke
or gases passing into the enclosure.

76. Boilers, engines and other plant used for generating elec-
tricity, and secondary batteries, shall be installed in enclosures.
The enclosures shall be of adequate size, constructed of fire-
resisting materials and adequately ventilated to the satisfaction of
the Building Authority and the licensing authority.





77. (1) Connexions to stage switchboards and other large
control boards shall be readily accessible and any live conductors at
the back of such boards shall be protected to the satisfaction of the
licensing authority.

(2) All parts of switches and fuses, and any conductors which
are alive or liable to become alive, shall be so protected that
accidental contact with them is impossible:

Provided that this paragraph shall not apply to any such
apparatus installed in a position which is recognized by the licensing
authority as being accessible only to skilled electricians.

(3) Switch and fuse boards and other controlling apparatus
shall, wherever practicable, be installed in positions inaccessible to
the public. If the licensing authority agrees in writing to such
apparatus being installed within reach of the public, arrangements
shall be made to prevent interference by any unauthorized person.
Cut-outs shall not be installed in positions where they may be visible
to the assembled public.

(4) Local switching for lighting shall be avoided as far as
practicable in all parts of premises accessible to the public.

(5) The rating of switches which are liable to frequent opera-
tion shall be for currents 50 per cent in excess of the maximum
current of the main circuits or sub-circuits controlled.

(6) When practicable motor-starting switch gear shall be
installed close to the motor controlled thereby and shall be so placed
that the motor is clearly visible to the operator. Any apparatus or
switch provided for speed control or for stopping shall, if installed
away from the motor, be so arranged that it cannot be used as a
starter.

If in any case the permission of the licensing authority in
writing is given for the remote control of motors, a suitable isolating
switch shall be installed close to the motor.

(7) Ironclad and other enclosed switches, other than tumbler
switches, shall have the 'On' and 'Off' positions clearly indicated.

(8) Switches and cut-outs shall be labelled as may be con-
sidered necessary by the licensing authority, to indicate clearly the
main circuits or sub-circuits which they control.

78. (1) Ample space shall be provided for the convenient
operation and proper maintenance of all switch gear; any platform
provided for such purposes shall be of fire-resisting construction,
and the floor shall be of a non-conducting material or shall be
covered with an insulating mat. Guardrails and step-ladders with
handrails shall be provided where considered necessary by the
licensing authority.





(2) If considered necessary by the licensing authority for obviating
risk of shock, guardrails shall be constructed of English oak or teak, and
any metal within reach of a person on the platform shall be satisfactorily
protected.

79. (1) Wiring shall not be run in a ventilating duct, flue or air shaft,
or installed in a lift unless it is essential for the operation of the lift.

(2) A cable duct shall be stopped at any point at which it passes
through a fire-resisting wall or floor so as to prevent the passage of fire
or smoke from one section of the duct to another.

(3) Cable ways shall not be formed in the protective covering of
structural steel work.

(4) Conduits shall be efficiently protected against corrosion.

(5) Where cables are permitted without conduits or similar
protection (e.g. for connexions to battens), they shall be efficiently
protected by an asbestic or other non-inflammable covering and shall be
supported to the satisfaction of the licensing authority. This paragraph
shall not apply to cables used in connexion with portable apparatus.

(6) The use of flexible cord or cable shall be avoided whenever
practicable. In any case in which such a conductor is permitted it shall
be as short as possible. Each cord or cable shall be fitted with a separate
plug connexion.

(7) Sub-circuits for current-consuming devices other than lamps
shall not be connected to lighting circuits:

Provided that any such device which consumes not more than 500
watts may be connected to a separate sub-circuit of a lighting
distribution board.

(8) Sub-circuits from one source of supply only shall be taken into
any fitting, and a voltage greater than 250 shall not exist between any
conductors in any fitting.

(9) Multiple core and bunch cables shall be suitably insulated and
protected.

80. (1) All suspended fittings or apparatus, other than small single-
lamp pendants fitted at a height of less than 3 m above the floor level,
shall be provided with satisfactory means of suspension independent of
the conductors. Heavy pendent fittings or apparatus shall, unless
rigidly fixed, be provided with 2 means of suspension independent of
the conductors. A self-sustaining winch shall be provided for such
fittings or apparatus, if the licensing authority so requires. Proper means
of access shall be provided for the inspection and maintenance of the
fittings or apparatus.





(2) Fittings and accessories liable to interference or damage shall
be protected to the satisfaction of the licensing authority.

(3) A sufficient number of sockets shall be installed to minimize the
use of flexible cords or cables. Plugs and accessories connected to
flexible cords or cables shall be fitted with suitable clamps to grip the
protective covering of the conductors.

81. (1) Generators and motors shall be designed for the particular
purposes for which they are required and shall be installed only in
approved positions.

(2) Such machines, unless of the pipe-ventilated or flameproof
type, shall be installed in enclosures constructed of fire-resisting
materials and adequately ventilated.

(3) Every such machine shall be fitted with a plate indicating the
type, voltage, speed, capacity and, where applicable, the frequency and
number of phases.

82. (1) Resistances shall be placed only in positions approved by
the licensing authority, and if so required by the licensing authority
shall be installed in fire-resisting enclosures which shall be ventilated to
the satisfaction of the licensing authority. Banks of resistances shall be
centralized and arranged so that each unit is readily accessible.

(2) Tracker wires shall be so installed and shielded that, in the
event of breakage, slackness or other displacement, they cannot make
contact with live metal.

(3) Liquid resistances shall be mounted on approved trays.

83. Radiators, convectors and other current-consuming devices
shall not be installed except with the consent in writing of the licensing
authority. If such a device be installed it shall be securely fixed in
position and, if liable in any circumstances to reach a high temperature,
shall be provided with a stout wire guard of close mesh, securely fixed
and so arranged that no part of the guard is within 150 mm of any
portion of the device which is at a high temperature. The metal
framework and the guard shall be earthed.

84. Electric kettles, irons and other appliances shall be used only in
positions specially approved by the licensing authority. If the
temperature of a non-luminous appliance be liable to exceed 100'C, a
pilot lamp shall be installed to indicate whether the current is on or off.
The pilot lamp final sub-circuit shall be separately fused on each pole.

85. In any premises where a safety curtain is provided to the
proscenium opening

(a)electric light shall be the only illuminant provided for or on the
stage and (where such accommodation is provided) in the
stage basement, the flies, property rooms and scene stores;





(b)apparatus shall be so fixed and arranged that it cannot in
any circumstances interfere with the proper working of the
safety curtain.

86. (1) The outer cases of battens, footlights, lanterns and
similar fittings shall be of hard metal of not less than 1 mm thick. If
wood be used for the construction of portable lengths, it shall be
teak or English oak of such thickness as may be approved by the
licensing authority.

(2) Battens, lanterns and similar fittings shall be efficiently
ventilated and the cases and all metal work shall be earthed.

(3) The lamps and any parts of such apparatus liable to
become hot shall be so arranged and guarded as not to endanger
scenery or other material. The guard shall be of wire mesh or of such
other type as will afford ventilation, shall be rigidly fixed and, where
practicable, shall be at a distance of at least 300 mm. vertically and
75 mm horizontally from the casing of the lamp or holder.

(4) Each batten shall be suspended by at least 3 steel wire
ropes, and if required by the licensing authority a suitable self-
sustaining winch shall be provided.

87. If it is desired to instal in the auditorium or main hall any
lamp or apparatus for the purposes of stage illumination, advertise-
ment or special effects, such lamp or apparatus shall be contained in
a suitable enclosure arranged to the satisfaction of the licensing
authority.

88. Except with the consent of the licensing authority and
subject to any conditions of such consent, any lamp which may be
used in the auditorium for projecting advertisements, stage illumina-
tion, special effects or for any other purpose shall be contained in a
suitable enclosure to the satisfaction of the licensing authority.

89. If any system of illumination be installed which is not
contemplated in these regulations, such conditions as may be
considered necessary by the licensing authority shall be complied
with in respect of such system.

90. Suitably protected portable distribution boards shall be
provided as the licensing authority may consider necessary to ensure
adequate fuse protection to small final sub-circuits fed through stage
sockets. The current in any such sub-circuit supplying a number of
small incandescent lamps shall be limited to 5 amperes.

91. (1) The electrical installation shall be in the charge of a
competent person during the whole of the time that the public are on
premises.





(2) In premises where a safety curtain is provided to the
proscenium opening the electrician in charge of the electrical
installation, or a competent assistant electrician, shall remain within the
stage risk during the whole of the time that the public are on the
premises:

Provided that this regulation shall not operate so as to prevent the
electrician in charge for the time being leaving the stage in case of
urgent necessity in connexion with the electrical installation.

92. (1) Temporary electrical installations shall comply with the
regulations.

(2) All temporary installations shall be disconnected from the
permanent installation immediately after each occasion on which they
are used and shall be entirely removed immediately the need therefor
has ceased.

93. In premises where exhibitions or bazaars are to be frequently
held, suitable distributing means shall be permanently installed, with
tappings each controlled by a double-pole switch and double-pole cut-
outs.

Distribution boards shall be provided as the licensing authority
may consider necessary.

94. All lampholders within normal reach shall be kept fitted with
lamps.

95. Wiring and apparatus which will be out of use during the run of
a production, or which are not likely to be required for a period
exceeding one month, shall be disconnected during such period by the
withdrawal of the fuses on both poles. Permanently disused wiring and
apparatus shall be removed.

96. A diagram and/or schedule indicating clearly the arrangements
of the circuits and sub-circuits, the position of the distribution boards
and the sizes of the cables shall be kept in an accessible position on
premises.

97. At least one bucket filled with dry sand or a chemical
extinguisher of a type approved by the Director of Fire Services, shall be
provided and kept readily accessible in the following positions, viz.
intake rooms, main distribution rooms, motor generator rooms, near
stage switch boards and in such other positions as the Director of Fire
Services may consider necessary.

98. In cases in which premises form part of larger premises the
electrical services for such part shall not be used for any purpose in
connexion with the remaining parts of the premises except with the
consent in writing of the licensing authority and in accordance with any
conditions of such consent.





99. Radio apparatus or any electrical amplifying apparatus
shall not be installed or used except with the consent in writing of the
licensing authority and in accordance with any conditions of such
consent.

Gas installations

100. Gas meters and the connexions thereto shall be installed in
an enclosure constructed of fire-resisting materials. The enclosure
shall be ventilated to the open air and shall be reserved exclusively
for the meters and connexions. A main cock with fixed handle shall
be provided and shall be accessible only to authorized persons.

101. Gas burners shall be guarded by wire guards or glass
globes or other efficient means and shall be protected against
draughts to the satisfaction of the licensing authority. In open
exitways or other exposed positions the gas burners shall be enclosed
in weatherproof lanterns. Fittings and accessories liable to interfer-
ence or damage shall be protected to the satisfaction of the licensing
authority.

102. Any connexion to the gas mains for the supply of one of
the systems of lighting required by regulation 62 shall be made in
such a manner that an accident to any other gas services or supplies
cannot jeopardize the minimum lighting. A separate connexion to
the gas main shall be made for the supply to any large boiler, engine
or cooking plant and to such other apparatus as the licensing
authority may determine.

103. (1) Piping other than the connexions to the meter shall be
of hard metal and shall be securely fixed away from electrical wiring
and apparatus. Where liable to corrosion, piping shall be efficiently
protected by painting or such other method as may be approved by
the licensing authority.
(2) No wires for the purpose of grounding any electrical
apparatus shall be connected to gas piping.

104. Lighting brackets and similar fittings shall be of a rigid
pattern. Heavy pendent fittings shall be fitted with secondary means
of suspension.

105. Taps within reach of the public shall be of a key pattern or
shall be rendered inaccessible to unauthorized persons.

106. In any case in which remote control of gas lights or
appliances is permitted by the licensing authority, a suitable bypass
and pilot light installation shall be provided.

107. (1) Appliances for high-pressure gas lighting, lime-light
or any other purpose not provided for in these regulations shall not
be installed except with the consent of the licensing authority and in
accordance with any conditions of such consent.





(2) Ovens, geysers, gas-rings or other gas appliances shall not be
installed except in positions or rooms specially approved by the
licensing authority. If installed, they shall be mounted upon approved
incombustible material and, unless the licensing authority agrees
otherwise, shall be connected to the supply by rigid piping. Rubber or
soft metal tubing shall not be provided. Gas irons shall not be provided
except with the consent in writing of the licensing authority, and in
accordance with any condition of such consent. The room or other place
in which any such appliance is installed shall be ventilated to the
satisfaction of the licensing authority and, unless specially exempted by
the licensing authority, shall be separated by fire-resisting materials from
the remainder of premises.

Ventilation and cooling

108. (1) Means of ventilation capable of providing a supply of
outdoor air at the minimum rate of 30 m' per occupant per hour shall be
installed at premises. The ventilation shall be effected by means of
mechanical plant capable of giving a positive supply and shall be
supplemented, if so required by the Building Authority, by a mechanical
means of exhaust ventilation:

Provided that in certain cases a positive supply shall not be
required if the Building Authority is satisfied that the standard of
ventilation prescribed by this regulation can be maintained by natural
means or by means of a mechanical exhaust system.

(2) The entering air shall be so distributed that all occupied parts of
the structure, including entrance vestibules, waiting spaces and
refreshment saloons, are reached and the vitiated air effectually
displaced.

(3) The condition of the air shall not be regarded as satisfactory if
the amount of carbon dioxide in occupied portions of premises, taken at
a level of 1 m to 2 m above the floor level, exceeds 10 parts in 10 000.

109. When a cooling plant is installed the machinery in connexion
therewith shall be contained in a room ventilated to external atmosphere
and provided with fire-resisting partitions and doors.

110. The inlet and outlet gratings, openings, ducts and fans shall be
so placed, and of such size, that no objectionable draughts are caused.

111. When air ducts and shafts are constructed of material other
than metal they shall be formed of or lined with a suitable smooth
material imprevious to moisture. All ducts shall have adequate means of
access for cleaning purposes.





112. In any premises where a safety curtain is provided to the
proscenium opening the installation shall be such that under any
conditions of working it shall not be possible for a current of air to
be drawn from the stage to the auditorium, and in order to ensure
this supplementary mechanical means of extracting air from the
stage shall be provided if required by the Building Authority and
the licensing authority.

113. Independent means of extraction from lavatories and
sanitary conveniences shall be provided and so arranged that the air
movements shall not be from the lavatories and conveniences into
other parts of premises.

114. All regulating valves and dampers necessary to secure
effective air distribution shall be fitted with pointers or other means
of indicating the positions in which they are set and with an
approved locking device which cannot readily be interfered with by
the public.

115. When practicable, means of access to all fans, motors,
control gear and other apparatus shall be provided and the starting
mechanism shall be adjacent to or in sight of the machinery which it
controls.

116. If 2 or more extraction fans are installed provision shall be
made, if required by the Building Authority and the licensing
authority, to ensure that the operation of the fans shall not be
ineffective in the event of one or more of the fans being out of use.

117. If fans are provided for both the supply and extraction of
air and the use of the extract fans alone is found to cause discomfort,
the motors shall, if so required by the Building Authority and the
licensing authority, be interlocked so as to prevent any of the extract
fans being run when the inlet fans are not working.

118. The materials used for the ventilation and cooling equip-
ment shall be incombustible as far as reasonably possible.

119. The means of ventilation shall be used continuously while
the public are on premises, so as to provide efficient ventilation.

120. Detailed instructions relative to the working of the ventila-
tion system shall be exhibited in such positions as the licensing
authority may require.

121. The ventilating shafts shall be kept clean.

122. The installation shall be constantly under the supervision
of a competent person.





123. Limelgiht, acetylene gas installations or steel cylinders for the
storage of compressed air, oxygen, hydrogen, or other gases or liquids
under pressure, shall not be used except with the consent of the
licensing authority and in accordance with any conditions of such
consent. At least 7 days' notice shall be given of any proposal to use
such apparatus.

124. Lighting fittings, switchboards, fuse-boards and other electrical
apparatus and accessories and heating apparatus shall be so placed that
they do not form an obstruction in any gangway, exitway, corridor or
staircase, and unless recessed or defended to the satisfaction of the
Building Authority, shall not be less than 2 m above the floor level.

125. On the commencement of the Public Health and Municipal
Services Ordinance, the provisions of regulations 108, 110, Ill, 114, 115,
118, 119, 120, 121 and 122 shall cease to apply to a theatre or a cinema.

PART II

SPECIAL FIRE PRECAUTIONS RELATING TO
CINEMATOGRAPH
OPERATION AND CINEMATOGRAPH FILMS
THROUGHOUT
THE COLONY

126. No structure shall be used for cinematograph exhibitions unless
it be provided with an adequate number of exits clearly indicated and so
placed and maintained as readily to afford the audience ample means of
safe egress.

127. The doors of all exits shall be so constructed and maintained as
easily to open outwards on being pressed from within.

128. Seating shall be so arranged as not to interfere with free access
to any exit. Gangways, staircases and passages leading to exits shall,
while the public are present in a structure, be kept clear of obstruction.
No person shall be allowed to stand or sit in any gangway intersecting
rows of seats or in the space between the front row of seats and the
screen; and if standing be permitted by the licensing authority in any
other gangway or portion of the auditorium, sufficient room shall be left
to allow persons to pass easily to and fro.

129. The licensee or some responsible person nominated by him in
writing for the purpose shall be in charge during the whole time of any
exhibition and there shall also be during that time a sufficient staff of
attendants in a structure for the purpose of securing safety.





130. All persons responsible for or employed in or in connexion
with an exhibition shall take all due precautions for the prevention
of accidents and shall abstain from any act whatever which tends to
cause fire and is not reasonably necessary for the purpose of the
exhibition.

131. Fire service installations and equipment suitable to the
character of a structure and adequate to deal with an outbreak of fire
shall be provided and maintained in good working order. During an
exhibition such installations and equipment shall be in the charge of
some person specially nominated for that purpose who shall see that
they are kept constantly available for use.

132. There shall always be within a cinematograph enclosure
sufficient means of dealing with fire, readily available for use, and
these shall include a thick woollen blanket, 2 buckets of water and a
bucket of dry sand. Before the commencement of each exhibition the
operator shall satisfy himself that these means within the enclosure
are ready for use.

133. No smoking shall at any time be permitted within a
cinematograph enclosure, nor in a film room nor in any part of
premises in which films are stored, wound or repaired. Notices
stating that smoking is prohibited shall be kept posted in the
enclosure and film room and any such part of premises as aforesaid.

134. No inflammable article shall unnecessarily be taken into or
allowed to remain in the enclosure, the film room or any part of
premises in which films are stored, wound or repaired.

135. Projecting apparatus shall be placed in an enclosure of
substantial construction made of or lined internally with fire-
resisting material and of sufficient dimensions to allow the operator
to work freely.

136. All fittings and fixtures within the enclosure, other than the
frames of outside windows, shall be constructed of or covered with
fire-resisting material.

137. The entrance to the enclosure shall be suitably placed and
fitted with a self-closing close-fitting door of fire-resisting material
which shall be kept closed during an exhibition. For the purpose of
this regulation 'fire-resisting material' includes teak or oak not less
than 50 mm thick.

138. The openings through which the necessary pipes and cable
pass into the enclosure shall be efficiently sealed or bushed, as the
case may be.

139. The openings in the front face of the enclosure shall be
covered with glass and shall not be larger than is necessary for
effective projection and observation.





Each such opening shall be fitted with a screen of fire-resisting
material, which can be released from both the inside and the outside
of the enclosure so that it automatically closes with a close-fitting
joint. Screens shall be so constructed and arranged that they can all
be released simultaneously from the operating position near any of
the projectors. Openings shall not exceed 3 for each projecting
apparatus. All screens shall be closed at the conclusion of the last
daily performance.

140. The door of the enclosure and all openings, bushes and
joints shall be so constructed and maintained as to prevent as far as
possible the escape of any smoke into the auditorium or any part of
a structure to which the public are admitted.

141. Ventilation to the satisfaction of the Building Authority
shall be provided for the enclosure, with sufficient inlets and outlets
to ensure a constant supply of fresh air. Inlets and outlets shall
communicate directly with the outside of a structure, and shall be so
arranged as not to expose the operator to a direct draught.

142. If the enclosure is inside the auditorium, either a suitable
barrier shall be placed round the enclosure at a distance of not less
than 600 mm from it, or other effectual means shall be taken to
prevent the public from coming into contact with the enclosure:

Provided that this requirement shall not apply where the
enclosure is of permanent construction and is not entered from the
auditorium.

143. The enclosure shall be in the charge of a competent
operator who shall be present in the enclosure during the whole time
that the apparatus is in use. This shall not prevent the operator from
leaving the enclosure for a short period in case of need provided
that a competent assistant is left in charge and the operator remains
within immediate call.

144. No unauthorized person shall go into the enclosure or be
allowed within the barrier.

145. (1) In the case of structures used habitually for cinema-
tograph exhibitions the enclosure shall be outside the auditorium;
and in the case of permanent structures used habitually as aforesaid
the enclosure shall also be permanent:

Provided that if the licensing authority is of opinion that, in the
case of an existing structure, compliance with either or both of these
requirements is impracticable or in the circumstances unnecessary
for securing safety, the requirements shall not apply. Subject to
paragraph (2), in any structure completed on or after 1 September
1980 where the enclosure is permanent, the enclosure shall also
comply with the following requirements-





(a) a window or skylight shall be provided;

(b) the entrance shall be from the open air;
(c)alternative means of egress shall be provided, unless the
licensing authority is satisfied that compliance with this
requirement is impracticable.

(2) Paragraphs (a) and (b) of the proviso to paragraph (1) shall
not apply to a structure completed on or after 1 September 1980
where ventilation in such structure is provided in accordance with
regulation 14 1.

146. Projecting apparatus shall be placed on firm supports
constructed of fire-resisting material. Every lantern shall be fitted
with a metal shutter which can readily be inserted by hand between
the source of light and the film gate, and every projector shall be
fitted with a metal shutter so arranged as automatically to cut off
the film gate from the source of light when the projector stops. The
construction of the film gate shall be substantial and such as to
afford ample heat-radiating surface. The passage for the film shall be
sufficiently narrow to prevent flames travelling upwards and down-
wards from the light-opening, and the film must he securely held in
the upper film box.

147. Projectors shall be fitted with 2 metal boxes of substantial
construction to and from which the film shall be made to travel,
unless both the film spools are contained in a metal chamber of
substantial construction below the projector. There shall not he
more than 600 m of film in either of the 2 metal boxes. The film
boxes or chamber shall be made to close in such a manner, and shall
be fitted with film slots so constructed, as to prevent the passage of
flame to the interior of the box or chamber and they shall remain so
closed during the whole time that projection is taking place.

148. Take-up spools shall be mechanically driven and films shall
be wound on spools so that the wound film does not at any time
reach or project beyond the edges of the flanges of the spool.

149. During an exhibition all films when not in use shall be kept
in closed metal boxes of substantial construction. When in the
enclosure not more than 6 spools shall be kept in one box at the
same time.

150. (1) The total amount of film kept in any structure licensed
or used as a place of public entertainment shall not exceed 140 reels
or 250 kg.

(2) Not more than 6 000 m of film in all shall be kept in the
enclosure and the rewinding room at the same time. Film in excess of
this amount shall be stored elsewhere in accordance with the Part IX
of the Dangerous Goods (General) Regulations or in accordance
with any enactments made in substitution of such regulations.





151. A separate room shall be provided for the rewinding and
repairing of films and shall be constructed throughout of or lined
internally with fire-resisting material.

152. All fittings and fixtures within the rewinding room shall be
constructed of or covered with fire-resisting material, and the entrance
shall be provided with a self-closing close-fitting door of fire-resisting
material which shall not communicate directly with the auditorium or any
part of a structure to which the public are admitted. If there is any
communicating doorway or other opening between the enclosure and
the rewinding room it shall also be provided with a door or shutter of fire-
resisting material.

For the purpose of this regulation 'fire-resisting material' includes
teak or oak not less than 50 mm thick.

153. The rewinding room shall be provided with adequate means of
ventilation, with sufficient inlets and outlets to ensure a constant
supply of fresh air. Inlets and outlets shall communicate directly with
the outside of a structure.

154. Alternative means of egress shall be provided other than
through the enclosure:

Provided that if the licensing authority is of opinion that in the
circumstances compliance with any of the provisions of regulations 15 1
to 154 is impracticable or in the case of any of the provisions of
regulations 151, 152 and 154 unnecessary for securing safety, such
compliance shall be dispensed with.

155. Where a structure is used only occasionally for the purpose of
cinematograph exhibitions the provisions of regulations 127 and 152
shall not apply unless specially imposed by the licensing authority in
cases of exceptional danger, but the following requirements shall be
complied with

(a)the doors of all exits shall be arranged to meet any
requirements of the licensing authority;

(b)the film boxes fitted to the projector shall not exceed 450 mm in
diameter, inside measurement;

(c)not more than 3 spools shall be kept in the enclosure at any
one time.

156. Where a portable self-contained projector is used, the
provisions of regulations 127, 131 and 133 to 153 inclusive shall not
apply provided that regulations 126, 128, 129, 130, 132 (with the
substitution of the words 'reserved space' for the word -enclosure'),
155 (whether or not the structure is only occasionally used) and 157 to
161 inclusive are complied with.





157. (1) If the projector is erected in any part of the auditorium
or any place to which the public have access, effective means shall be
adopted, whether by the erection of a suitable barrier or otherwise,
to maintain round the projector a clear space of at least 900 mm,
hereinafter referred to as the reserved space.

(2) No unauthorized person shall be allowed within the
reserved space.

(3) No smoking shall at any time be permitted within the
reserved space.

(4) No inflammable article shall unnecessarily be taken into or
allowed to remain in the reserved space.

158. The projector shall be placed on a firm support and shall
be kept clear of the access to any exit.

159. (1) The projector and the illuminant shall be entirely
enclosed in a casing of fire-resisting material except for such open-
ings as are necessary for effective manipulation and ventilation.

(2) Any electric wiring or terminals fitted within the casing
shall be so placed that it is impossible for films in use in the projector
to come in contact with them.

(3) Each electric circuit on the projector shall be fitted with a
separate switch controlled from outside the casing and so placed as
to be within reach of the operator when standing at the projector.

(4) No illuminant other than electric light in hermetically
sealed lamps shall be used within the projector, and the illuminant
shall be separately encased in such a way as to prevent contact with
the film.

(5) The heat of the illuminant, and its position in relation to
the optical system, shall be such that it is impossible for the rays of
light to ignite a stationary film. The power consumed by the
illuminant shall not exceed 1000 watts.

160. (1) The projector shall be fitted with film-boxes of fire-
resisting material, which shall be made to close in such manner, and
(where ribbon film is employed) shall be fitted with film-slots so
constructed, as to prevent the passage of flame to the interior of the
box.

(2) Film boxes shall not be capable of carrying films of more
than a total length of 600 m.

(3) At no time shall a film be exposed except the portion
necessary for threading up.

(4) During an exhibition not more than 2 reels of film shall be
in the auditorium at any one time. If further reels of film are
required, they shall be kept in closed metal boxes outside the
auditorium, and if in the structure, in a place approved by the
licensing authority.





161. A copy of such of the regulations in this Part as apply when a
portable projector is used shall be exhibited in any room or place in
which a portable projector is used for the purposes of an exhibition.

PART III

OTHER PLACES OF PUBLIC
ENTERTAINMENT

162. (1) Any person who desires to keep or use any place of public
entertainment to which regulation 3 does not apply shall apply in
triplicate in the prescribed form to the licensing authority not less than
42 days before the commencement of the proposed entertainment, or
such lesser period as the licensing authority may allow.

(2) If the licensing authority does not reject an application sent to
him under paragraph (1) he shall forward one copy thereof to the
Building Authority and one copy thereof to the Director of Fire
Services.

(3) Except in the case of a vessel, the applicant shall supply in
triplicate to the Building Authority not less than 28 days before the
commencement of the proposed entertainment, or such lesser period as
the Building Authority may allow

(a)a block plan showing the position of the place in relation to
adjoining buildings and public streets;

(b)a layout plan showing the number of persons to be
accommodated in the various parts of the place for which the
licence is required and the spacing and widths of gangways,
corridors, exits, seats and accommodation spaces; and

(e)in the case of a temporary structure, diagrams sufficient to
illustrate the proposed method of construction and the
spacing and scantling of structural members.

(4) The Building Authority may require the applicant to furnish to
him in triplicate such further scale or other plans, elevations and
sections and such further information. including information as to the
contractor employed to erect any structure on the place, as he thinks fit.

(5) The Building Authority may require the applicant to amend any
plans, elevations and sections furnished by him under paragraphs (3)
and (4) and the Building Authority shall retain one copy of the amended
plans and shall return one copy thereof to the applicant.





(6) The applicant shall ensure that not less than 2 days prior to the
commencement of the proposed entertainment, or such lesser period as
the Building Authority may allow, the place in respect of which
application is made under paragraph (1) complies with the requirements
of regulation 164.

(7) For the purposes of paragraph (8) the place in respect of which
application is made under paragraph (1) shall be inspected at any time
prior to the commencement of the proposed entertainment

(a)by the Building Authority, or a public officer authorized by
him in that behalf, for the purpose of ascertaining whether the
requirements of paragraphs (a), (b), (c), (d), (e), (f),

(g), (h), (i),(j), (k), (1), (m), (o), (p), (w) and (x) of regulation
164 have been complied with;

(b)by the Director of Fire Services, or a fire services officer
authorized by him in that behalf, for the purpose of
ascertaining whether the requirements of paragraphs (n), (q),
(r), (s), (t), (u) and (v) of regulation 164 have been complied
with; and

(c)in the case of a vessel, by the Director of Marine, or a public
officer authorized by him in that behalf, for the purpose of
ascertaining whether the vessel may safely be used for the
proposed entertainment.

(8) The licensing authority may, upon being informed by the
Building Authority, the Director of Fire Services, and the Director of
Marine in the case of a vessel, that they have no objection, issue a
licence authorizing the use of a place for a public entertainment at such
times as may be specified in the licence.

163. The provisions of regulation 164 shall, as far as practicable, be
applied to a permanent structure to which regulation 3 does not apply
and to vessels.

164. The following requirements shall apply to a temporary structure
which it is desired to use or which is licensed for a public entertainment

(a)the structure shall be constructed of such materials as shall be
approved by the Building Authority;

(b) no part of the structure shall be built over water;

(c)no part of the structure shall be within 9 m of any other
structure;

(d) the structure shall not exceed one storey in height;

(e) no part of the floor or decking of the structure shall-

(i) if the structure has a ramped floor or deck; be more than
1.5 m above ground level; and

(ii) if the structure has stepped rows of seating forming a
spectator stand, be more than 3 m above ground level;





the seating area assigned to each person shall not be less
than

(i) 700 mm deep if backs are provided for the seats;

(ii) 600 mm deep if backs are not provided for the seats;

(iii) 500 nun wide if arm-rests are provided for the seats; and

(iv) 450 nun wide if arm-rests are not provided for the seats;

(g)there shall be an unobstructed way or space of at least 300
mm. measured between perpendiculars between the back of
one seat and the front of the seat immediately behind;

(h)the seating shall be fixed firmly to the ground, floor or decking
and if separate chairs are used they shall be securely battened
together in lengths of not less than 4;

(i)the structure shall have gangways not less than 1.2 m in width
intersecting the rows of seating in such a manner that no seat
shall be more than 3 m from a gangway measured in the line of
seating, and there shall be a gangway abutting each side of
the structure from which the exit ways shall open;

(j)gangways not less than 1.2 m in width at right angles to the
longitudinal gangways required by paragraph (i) shall also be
formed in such a manner that the seating is divided into blocks
not more than 9 m in depth measured between perpendiculars
between the front of the seats forming the front row and the
back of the seats forming the back row of a block of seating;

(k)exit ways not less than 2.4 m in width shall be provided in each
side of the structure in such a manner that there is one exit
way at each end of a prolongation of the centre line of each of
the gangways required by paragraph (j) and for the avoidance
of doubt one such exit way is required at each end of a
prolongation of a line 1.2 m in front of the first or front row of
seating;

(1)such further exit ways as are considered necessary by the
Building Authority shall be provided from the area of the stage
or the space provided for the performance;

(m)all gangways, exit ways, seating and the spacing and fixing
thereof shall be provided, formed and maintained to the
satisfaction of the Building Authority or a public officer
authorized by him;

(n)every gangway, exit way, and passage shall be kept at all times
free from any obstruction;

(o)any door erected at the exit ways shall open in 2 folds in the
direction of egress and any fastening used for maintaining the
doors closed shall readily give way upon light pressure being
applied by one person from inside;





(p)the number of persons admitted shall be limited to those
for whom seating accommodation is provided and in no
case shall such number exceed 2 500;

(q)any artificial lighting shall be to the satisfaction of the
Director of Fire Services or a public officer authorized by
him;

(r)any electrical circuit serving the structure shall be certified
as to stability by an electricity supply company;

(s)there shall be provided fire-extinguishing apparatus of
such type as may be required by the Director of Fire
Services who may direct that the structure shall be further
protected by the provision of fire services officers at the
expense of the licensee;

(t)no cooking shall be allowed in, or within 9 in of, the
structure;

(u)no smoking shall be allowed within the structure and the
licensee shall take all reasonable precautions, including the
posting of notices, to prevent such smoking;

(v)no loose inflammable material shall be left in, on, under or
near the structure;

(w)the licensee shall at all times ensure that the structure is
kept in a safe condition;

(x)the licensee shall ensure that at all times the structure
conforms with the plans, elevations, sections and diagrams
as supplied to, and amended at the request of, the Building
Authority under regulation 162(3), (4) and (5).

164A. The licensing authority, after consulting the Building
Authority, the Director of Fire Services and, in the case of a vessel,
the Director of Marine, may in writing-

(a)waive or vary any of the requirements of regulation 164 in
respect of any place; and

(b)add to or substitute further or other conditions, in respect
of any licence issued under this Part.

PARTIV

GENERAL

165. No boxing or wrestling contests shall be held in any
structure or place licensed for a public entertainment, without the
special permission in writing of the licensing authority endorsed on
such licence.





166. No entertainment of a kind other than that mentioned in any
licence shall be held in any structure or place licensed for a public
entertainment, without the special permission of the licensing authority
endorsed on such licence. This regulation shall be deemed to be a
condition of every licence for a public entertainment issued under these
regulations.

167. In the case of a temporary structure no licence will be issued for
a longer period than one month, but such licence may be renewed at the
discretion of the licensing authority.

168. The Building Authority in collaboration with the licensing
authority may, where he considers any of the provisions of any of the
foregoing regulations, owing to special or structural circumstances,
inapplicable or inexpedient, grant such modifications as he may think
desirable on receiving a written application.

169. The licensing authority, and any public officer authorized by the
licensing authority, any police officer of or above the rank of inspector,
the Building Authority and any public officer authorized by him, the
Director of Fire Services and any fire services officer authorized by him,
any health inspector and, in the case of waterborne craft, the Director of
Marine and any public officer authorized by him, may enter at any time
any place in respect of which an application for a licence has been
received by the licensing authority or a licence has been issued in order
to inspect the same for the purposes of the Ordinance.

170. The forms of licences and permits in the Schedule shall be the
licences and permits prescribed for the purposes of the Ordinance.

170A. The licensing authority may, subject to such conditions as he
may think fit to impose, permit the transfer of a licence to another
person; and such transfer shall be endorsed on the licence.

PART V

PENALTIES, AND POWERS OF THE LICENSING
AUTHORITY
AND POLICE

171. Every person holding a licence under these regulations who
fails to comply with any of the conditions of his licence or with any of
the provisions of these regulations, and every person who commits a
breach of any of the provisions of these regulations for which no other
penalty is imposed, shall upon summary conviction be liable to a fine of
$1,000 and to imprisonment for 6 months.

172. Every person who smokes in any part of a place of public
entertainment where smoking is prohibited, or who stands or sits about
or otherwise obstructs any gangway, passageway or vestibule





1986 Ed.] Places of Public Entertainment [CAP. 172 B 47
Regulations
[Subsidiary]
during the performance of a stage play, or who obstructs any police
or other officer in the discharge of the duties imposed on him by
these regulations or otherwise, shall upon summary conviction be
liable to a fine of $25.
173. The licensing authority shall, subject to the approval of the Cancellation of
Governor in Council, have power at all times by notice in writing licence.
forthwith to cancel any licence without payment of any compensa-
tion, upon being satisfied that any of the conditions of the licence
have not been complied with or that there has been disorder at or
upon premises or that the performance of any public entertainment
is or has been offensive to good manners or decorum or calculated to
corrupt public morals. Any holder of a licence who continues the
performance of any public entertainment after the receipt of such
notice shall be liable upon summary conviction to a fine of $1,000.
Any police officer not under the rank of Superintendent shall also 19 of 1973, s- -54.
have power to close, in person, any performance if, in his discretion,
he considers it necessary in the interests of peace and good order to
do so.
174. (1) When it appears to any police officer not under the Special powers of
rank of Superintendent, that by reason of any breach of these police.
regulations or for any other reason whatsoever, it is necessary for 19 of 1973, s. 54.
the safety or preservation of any person or any property, or the
avoidance of any casualty, or the prevention or discontinuance of
any disorder, or the prevention or discontinuance of any public
entertainment offensive to good manners or decorum or calculated
to corrupt public morals so to do, it shall be lawful for him and for
any police officer specially authorized by the Commissioner of Police
in that behalf to order, in person, that any place of public entertain-
ment be temporarily closed or vacated, and upon such order every
member of any audience, and every other person whosoever, shall
forthwith comply with such order in an orderly manner.
(2) Any police officer not under the rank of Superintendent or
authorized by the Commissioner of Police, may take, in person or
under his personal superintendence, such steps with a veiw to
removal or mitigation of the cause of danger or offence, or with a
view to the protection of any person or any property, or avoidance
of any casualty, as may be considered expedient. No claim what-
soever shall be made against the licensing authority or any police
officer or against any person assisting the police and under police
direction in respect of any act done under this regulation.

PART VI

USE OF CINEMATOGRAPH THEATRES G.N.A. 166153.

175. Cinematograph theatres shall be used for the exhibition of Cinematographs
films only and shall not be used for any other purpose without the to exhibit films;
only except
with

express permission in writing of the licensing authority. permission.

G.N.A. 87152.





PART VII

FEES

176. (1) The following fees are payable for a licence issued, or a
licence renewed, by the Regional Council in respect of

(a)a place of public entertainment, other than that specified in
paragraph (b), for a period

(i) not exceeding 1 month ..460
(ii) exceeding 1 month but not exceeding
3 months ...................1,380
(iii) exceeding 3 months but not exceed-
ing 6 months ...............2,760
(iv) exceeding 6 months but not exceed-
ing 12 months ..............4,600

(b)a place of public entertainment, to which regulation 3 applies,
to accommodate

For a period
of 12 months

(i) not more than 1000 persons 4,600
(ii) more than 1000 persons but not
more than 1 500 persons ....5,760
(iii) more than 1 500 persons 6,900.

(2) No licence shall be valid for a period exceeding 12 months.

(3) For the purposes of this regulation, the expression 'month'
means a period of time commencing on the day when a licence becomes
operative and ending at the end of the day before the corresponding
date in the following month or, where there is no corresponding date in
the following month or where the commencement date is the last day of
a month, at the end of the last day of the following month; and the
period of any successive month shall be computed in a similar manner
commencing from the day following the expiry date of the previous
month.

177. [Revoked, L.N. 9170]

178. When it appears to the licensing authority that a place of public
entertainment is to be kept or used by any of the following

(a)a religious, charitable, or welfare body, organization or
institution, recommended by the Secretary for Municipal
Services;

(b)an educational institution or organization, recommended by
the Director of Education,





he may reduce the fee payable in respect of any licence therefor to the
nominal sum of $40.

SCHEDULE [reg. 170.1

FORM 1
Licence No.
LICENCE

(issued by the Licensing Authority under the provisions of the Places of Public
Entertainment Ordinance (Cap. 172) and the Regulations made thereunder).

Type and name of place
......................................................................................

Situation of place
........................................................................................................

Purpose for which it is to be kept or used ...................................................................

Mr. .
...................................................................................................................... of
(private address) .....................................................................................................
is hereby authorized to keep or use the above-mentioned place for the purpose of
................................................................................................................................

for a period of ....months from the .day
of .................19.
subject to the under-mentioned conditions.

Date of expiry of licence ..... 19
Date .......................... 19

Fee ..........................

........... .....................

Licensing Authority

CONDITIONS

1. The Licensee shall observe all the provisions of the Places of Public
Entertainment Regulations applicable to him.

2. Maximum number of persons to be accommodated ....................................

........... 1

Endorsements

WARNING

(a)In addition to this licence you are required by section 8 of the Places of
Public Entertainment Ordinance, Cap. 172, to obtain a permit from the
Commissioner for Television and Entertainment Licensing. It is an
offence to advertise, present or carry on any public entertainment
without a permit.

(b)If this licence is in respect of a cinematograph display the film and every
poster, picture and figure to be exhibited and the text of every
advertisement must be approved for exhibition under the Film Censorship
Regulations.





FORM 2
Permit No.
PERMIT

(issued by the Commissioner for Television and Entertainment Licensing under
section 8 of the Places of Public Entertainment Ordinance (Cap. 172)).

Type and name of place ............................. 1
Situation of place ....... ........................

Purpose-For the presentation and carrying on of ........ .................................

.............................................................................................................................
..

Mr . ..............................
of (private address) .......................

is hereby permitted to advertise, present or carry on at the above-mentioned
place a
........................................................................................................................

from the ...............day of ....... 19 to the day

of ....19 .... only on (specify days) ........................

from ..a.m./p.m. to a.m./p.m. subject to the under-mentioned
conditions.

Dated the............................... day of 19

........ . ... . . . . . .

............Commissioner for Television
and

Entertainment Licensing

FORM 3 [regs. 3 and 162.]


PLACES OF PUBLIC ENTERTAINMENT
REGULATIONS
AR MA 9 J4 9

APPLICATION FOR A LICENCE IN RESPECT OF
A PLACE OF PUBLIC ENTERTAINMENT

To the Licensing Authority:

SECTION A


I hereby confirm that the particulars set out in this section and in

Section B and on the enclosures are true and hereby apply, pursuant to
regulation *31162 of the Places of Public
Entertainment Regulations, for a
licence to *Keep/use the place described in Section B as a place of public


entertainment-













1 Particulars of applicant-


(a) Name: ................................



*Hong Kong Identity Card/Passport Number:

(b) Residential Address:


.................................

Telephone number: ..................................................



(c) Business Address:



................................

Telephone number: ..................................................

(d)..........Occupation: ...............................................................................

2. Type and character of the entertainment



details) ..............................................................................................
MA

...................................

(Continue on separate sheet if necessary)

3. Proposed duration of entertainment


(including date of commencement and date termination if known)


...................................

4. Further particulars relevant to your application (here indicate maximum


admission capacity ai each performance, number of performances and like

information)
.........................................................................................................









...................................

(Continue on separate sheet if necessary)



5. Do you have any interest in the premises where the entertainment is



to be held?



*Yes/No





If 'Yes' give details of the nature and extent of the interest
................................

...............................

(Continue on separate sheet if necessary)

........... 19

(Signature ofapplicant)

(Date ofapplication)


*Delete whichever is
inapplicable.

SECTION B



Details ofplace in which the entertainment is to be
held

1. Name of place:



2. Address or location of place:



3. Type of place (include full details of any premises and of any temporary

structure erected or proposed)-


NOTICE TO APPLICANT
OW 1k 9 0

(a) You must submit 3 copies of this applicantion to the Licensing Authority.

(b)The Licensing Authority in respect of places of public entertainment in the
Urban Council area is the Urban Council and in the Regional Council area is the
Regional Council.



(c)In addition to a licence, you are obliged under section 8 of the Places of Public
Entertainment Ordinance to obtain a permit from the Commissioner for
Television and Entertainment Licensing before the proposed entertainment is
advertised, presented or carried on.





(d)If your application is made under regulation 162(1), regulation 162(3) requires
that you submit the following plans in triplicate to the Building Authority not
less than 28 days before the commencement of the proposed entertainment, or
such lesser period as he may allow



(i)a block plan showing the position of the place in relation to adjoining
buildings and public streets;

(ii) a layout plan showing the number of persons to be accommodated in the
various parts of the place for which the licence is required and the spacing
and widths of gangways, corridors, exits, seats or accommodation spaces;


(iii) in the case of a temporary structure, diagrams sufficient to illustrate the
proposed method of construction and the spacing and scantling of
structural members.


You may submit the plans with this application.

G.N. 587/34. G.N. 680/41. G.N. 509/46. G.N. 655/47. G.N.A.87/52. G.N.A.166/53. G.N.A. 102/54. G.N.A. 85/59. 30 of 1960. 42 of 1961. L.N. 131/63. L.N. 22/69. L.N. 9/70. L.N. 141/70. 10 of 1973. L.N. 94/74. L.N. 22/69. L.N. 63/77. L.N. 77/77. L.N. 127/77. L.N. 135/77. L.N. 135/77. L.N. 224/80. L.N. 135/82. L.N. 216/83. L.N. 67/85. 39 of 1985. Citation. Interpretation. G.N.A. 87/52. L.N. 224/80. L.N. 224/80. L.N. 224/80. 39 of 1985, s.60. 39 of 1985, s. 60. L.N. 224/80. L.N. 224/80. 39 of 1985, s. 60. (Cap . 366.) L.N. 9/70. 39 of 1985, s. 60. (Cap . 366.) G.N.A. 87/52. Licences. L.N. 127/77. Form 3. L.N. 131/63. Notice of intention to open place of public entertainment. G.N.A. 87/52. Plans, etc. G.N.A.87/52. L.N. 131/63. L.N. 63/77. L.N. 131/63. L.N. 131/63. 42 of 1961, s. 2. L.N. 131/63. G.N.A. 87/52. L.N.131/63. Site; L.N. 224/80. L.N. 224/80. G.N.A. 87/52. Accommodation up to 2000; L.N. 63/77. Accommodation up to 3000; accommodation up to 5000; accommodation over 5000; L.N. 131/63. Accommodation up to 500; G.N.A. 87/52. Access between thoroughfares; L.N. 131/63. passageways. L.N. 63/77. Premises in multi-storey non-domestic or composite buildings. L.N. 224/80. Maintenance; L.N. 131/63. Alterations. L.N. 131/63. Notice of repairs. L.N. 131/63. Premises under or over any other building. G.N.A. 87/52. L.N. 224/80. L.N. 131/63. Living rooms. L.N. 131/63. Openings in walls. L.N. 131/63. G.N.A. 87/52. L.N. 63/77. Drainage. L.N. 131/63. Walls. L.N. 131/63. G.N.A. 87/52. G.N.A. 87/52. Floors, tiers and roofs. L.N. 131/63. L.N. 63/77. Exit, etc. notices. L.N. 131/63. L.N. 63/77. Tiers, number and slope. Tiers, height. L.N. 63/77. Level of it and stalls. L.N. 63/77. L.N. 224/80. L.N. 131/63. Entrances and exits. L.N. 63/77. L.N. 131/63. Corridors, passages, etc. L.N. 63/77. L.N. 63/77. Pay boxes and check boxes. L.N. 63/77. Vestibules. Cloak-rooms. Staircases. L.N. 63/77. L.N. 131/63. L.N. 131/63.Doors and fastenings. L.N. 131/63. L.N. 63/77. L.N. 63/77. L.N. 63/77. Collapsible gates and rolling shutters. Barriers. Chains and padlocks. Gangways. L.N. 63/77. Non-slippery surfaces. Edges of steps. Mats and floor coverings. Curtains. Resters. L.N. 63/77. 42 of 1961, s. 2. Enclosures. Waiting spaces. Permanent seating. L.N. 63/77. Chairs. Seating; L.N. 131/63. opera glasses. Proscenium wall and safety curtain; G.N.A. 87/52. L.N. 63/77. L.N.131/63. L.N.131/63. 42 of 1961, s. 2. Stage exits; electric light and smoking on stage; safety curtain; L.N. 131/63. 42 of 1961, s. 2. stage properties; 42 of 1961, s. 2. Roof above stage; ventilation of stage; L.N. 131/63. exemptions; G.N.A. 87/52. G.N.A. 87/52. 42 of 1961, s. 2. L.N. 131/63. Penalty. G.N.A.87/52. Stage floors, files, gridirons and scenery; L.N. 63/77. Access to flies, gridirons, etc. Scenery. Storage of scenery, etc. Dressing-rooms and staff rooms. L.N. 131/63. Scene stores, workshops, etc. L.N. 63/77. L.N. 131/63. L.N. 63/77. Kitchens and serveries. Ironwork. L.N. 131/63. Inflammable linings, etc. Decorations, hangings, etc. Skylights, etc. Fire-resisting doors, etc., to be self-closing. Boxes. L.N. 63/77. Fire appliances; 42off 1961, s. 2. L.N. 224/80. Hydrants, drenchers, etc. Telephone and fire alarm. 42 of 1961, s. 2. Lightning conductors. L.N. 131/63. Sanitary fitments. G.N.A. 85/59. (Cap. 123, sub. leg.) Natural lighting. Admission of light and air. Dustbins. Certificates of stability for lighting system. power to ask for certificate. Lighting; two independent systems of lighting. Minimum lighting. Lighting of auditorium. Necessity to provide good illumination. Separation of systems. Recesses, cupboards, etc. Oil or candle lamps. Lighting of exit notices. Notices in auditorium. Lighting of stage, etc., exits. Gas, oil, etc., lamps. Lamp shades. Electrical intake enclosure. L.N. 131/63. Boiler, etc., enclosure. L.N. 131/63. Switchboards, control apparatus, etc. switchboards, platforms, etc. wiring. Fittings, accessories, etc. L.N. 63/77. Machines. Resistances. Radiators and convectors. L.N. 63/77. L.N. 77/77. Electric kettles, ions, etc. L.N. 63/77. Stage and platform illumination. Battens, footlights, etc. L.N. 63/77. L.N. 77/77. L.N.63/77.projector lamps, etc., in auditorium. Lamps for special purposes. Special lighting. Connexions to stage sockets. Electrician. Temporary electrical installations. Exhibitions, etc. Lampholders. Disused wiring and apparatus. Diagram of wiring. Fire appliances. 42 of 1961, s. 2. Installations for unlicensed and main portions of premises. Radio installations. Gas meters and main control. Guards for burners. Separation of supplies. Piping. Lighting fittings, etc. Taps. Remote control. Other gas installations. Ventilating installations. L.N. 63/77. L.N. 131/63. G.N.A. 87/52. L.N. 63/77. Cooling plant. Positions of inlets, etc. Ducts and shafts. Position of inlets, etc., in relation to stage. L.N. 131/63. Ventilation of lavatories, etc. Valves and dampers. Access to fans, etc. Short-circuiting of air supply/ L.N. 131/63. Interlocking of fans. L.N. 131/63. Incombustible material. Continuous use. Working. Ventilating shafts. Maintenance. Acetylene, limelight and compressed gas cylinders. Position and protection of lighting, heating and other fittings. L.N. 131/63. L.N. 63/77. Application of regulations 108, 110, 111, 114, 115, 118, 119, 120, 121 and 122 to theatres and cinemas. 30 of 1960, s. 148. (Cap. 132.) Exits. G.N.A. 87/52. Exit doors. Seating and gangways. G.N.A. 87/52. Presence of licensee and attendants. G.N.A.87/52. Precaution against accidents and fire. Fire service installations and equipment. G.N.A, 87/52. L.N. 224/80. Fire-fighting requirements. L.N. 224/80. Prohibition of smoking. Inflammable articles. Enclosure for projecting apparatus. Fittings, etc., of enclosure. Entrance to enclosure. L.N. 63/77. Openings in front face of enclosure, etc. Door, etc. of enclosure. G.N.A. 87/52. Ventilation of enclosure. L.N. 224/80. G.N.A. 87/52. Barrier. L.N. 63/77. Competent operator. Prohibition of entry. Enclosure to be outside auditorium. G.N.A. 87/52. L.N. 224/80. L.N. 224/80. Projecting apparatus. Projectors. L.N. 63/77. Take-up spools. Films to be kept in boxes. Maximum length of film. G.N.A. 87/52. L.N. 63/77. (Cap. 295, sub. leg.) Rewinding room. Fitting, etc., of rewinding room. G.N.A. 87/52. L.N. 63/77. Ventilation of rewinding room. G.N.A. 87/52. Means of egress. G.N.A. 87/52. Exemption. G.N.A. 87/52. L.N. 63/77. Portable projector. G.N.A. 87/52. Reserved space for projector in auditorium. L.N. 63/77. Projector support. Projector casing. Film boxes and films. L.N.63/77. G.N.A. 87/52. Duty to exhibit relevant regulations in place where portable projector is used. L.N. 9/70. Licences. Form 3. L.N. 127/77. L.N. 127/77. Permanent structures, water-borne craft. Temporary structures. L.N. 63/77. power to waive, vary, add to or subsitiute requirements to licences granted under Part III. G.N.A. 87/52. Boxing and wrestling contests. G.N.A. 87/52. L.N. 9/70. Special permission. G.N.A. 87/52. Temporary building. G.N.A. 87/52. Power to allow modifications. L.N. 131/63. Right of entry. L.N. 9/970. 19 of 1973, s. 54. Forms. G.N.A. 87/52. L.N.141/70. Schedule. Transfer of licences. L.N. 9/70. G.N.A. 87/52. General penalty. G.N.A. 87/52. Smoking. Cancellation of licence. 19 of 1973, s. 54. Special powers of police. 19 of 1973,s . 54. G.N.A. 166/53. Cinematographs to exhibit films only except with permission. G.N.A. 87/52. Licence fees and duration of licences. L.N. 29/77. L.N. 67/85. 39 of 1985, s. 60. L.N. 316/83. L.N. 216/83. Power of licensing authority to reduce fees. G.N.A. 102/54. L.N. 22/69. L.N. 94/74. L.N. 67/85. 39 of 1985, s. 60. L.N. 29/77. L.N. 135/82. L.N. 216/83. G.N.A. 87/52. 19 of 1973, s. 54. L.N.9/70. 19 of 1973, s. 54. L.N. 127/77. L.N. 135/77. L.N. 9/70. L.N. 141/70. L.N. 127/77. L.N. 135/77. L.N. 127/77. 39 of 1985, s. 60. L.N. 135/77.

G.N. 587/34. G.N. 680/41. G.N. 509/46. G.N. 655/47. G.N.A.87/52. G.N.A.166/53. G.N.A. 102/54. G.N.A. 85/59. 30 of 1960. 42 of 1961. L.N. 131/63. L.N. 22/69. L.N. 9/70. L.N. 141/70. 10 of 1973. L.N. 94/74. L.N. 22/69. L.N. 63/77. L.N. 77/77. L.N. 127/77. L.N. 135/77. L.N. 135/77. L.N. 224/80. L.N. 135/82. L.N. 216/83. L.N. 67/85. 39 of 1985. Citation. Interpretation. G.N.A. 87/52. L.N. 224/80. L.N. 224/80. L.N. 224/80. 39 of 1985, s.60. 39 of 1985, s. 60. L.N. 224/80. L.N. 224/80. 39 of 1985, s. 60. (Cap . 366.) L.N. 9/70. 39 of 1985, s. 60. (Cap . 366.) G.N.A. 87/52. Licences. L.N. 127/77. Form 3. L.N. 131/63. Notice of intention to open place of public entertainment. G.N.A. 87/52. Plans, etc. G.N.A.87/52. L.N. 131/63. L.N. 63/77. L.N. 131/63. L.N. 131/63. 42 of 1961, s. 2. L.N. 131/63. G.N.A. 87/52. L.N.131/63. Site; L.N. 224/80. L.N. 224/80. G.N.A. 87/52. Accommodation up to 2000; L.N. 63/77. Accommodation up to 3000; accommodation up to 5000; accommodation over 5000; L.N. 131/63. Accommodation up to 500; G.N.A. 87/52. Access between thoroughfares; L.N. 131/63. passageways. L.N. 63/77. Premises in multi-storey non-domestic or composite buildings. L.N. 224/80. Maintenance; L.N. 131/63. Alterations. L.N. 131/63. Notice of repairs. L.N. 131/63. Premises under or over any other building. G.N.A. 87/52. L.N. 224/80. L.N. 131/63. Living rooms. L.N. 131/63. Openings in walls. L.N. 131/63. G.N.A. 87/52. L.N. 63/77. Drainage. L.N. 131/63. Walls. L.N. 131/63. G.N.A. 87/52. G.N.A. 87/52. Floors, tiers and roofs. L.N. 131/63. L.N. 63/77. Exit, etc. notices. L.N. 131/63. L.N. 63/77. Tiers, number and slope. Tiers, height. L.N. 63/77. Level of it and stalls. L.N. 63/77. L.N. 224/80. L.N. 131/63. Entrances and exits. L.N. 63/77. L.N. 131/63. Corridors, passages, etc. L.N. 63/77. L.N. 63/77. Pay boxes and check boxes. L.N. 63/77. Vestibules. Cloak-rooms. Staircases. L.N. 63/77. L.N. 131/63. L.N. 131/63.Doors and fastenings. L.N. 131/63. L.N. 63/77. L.N. 63/77. L.N. 63/77. Collapsible gates and rolling shutters. Barriers. Chains and padlocks. Gangways. L.N. 63/77. Non-slippery surfaces. Edges of steps. Mats and floor coverings. Curtains. Resters. L.N. 63/77. 42 of 1961, s. 2. Enclosures. Waiting spaces. Permanent seating. L.N. 63/77. Chairs. Seating; L.N. 131/63. opera glasses. Proscenium wall and safety curtain; G.N.A. 87/52. L.N. 63/77. L.N.131/63. L.N.131/63. 42 of 1961, s. 2. Stage exits; electric light and smoking on stage; safety curtain; L.N. 131/63. 42 of 1961, s. 2. stage properties; 42 of 1961, s. 2. Roof above stage; ventilation of stage; L.N. 131/63. exemptions; G.N.A. 87/52. G.N.A. 87/52. 42 of 1961, s. 2. L.N. 131/63. Penalty. G.N.A.87/52. Stage floors, files, gridirons and scenery; L.N. 63/77. Access to flies, gridirons, etc. Scenery. Storage of scenery, etc. Dressing-rooms and staff rooms. L.N. 131/63. Scene stores, workshops, etc. L.N. 63/77. L.N. 131/63. L.N. 63/77. Kitchens and serveries. Ironwork. L.N. 131/63. Inflammable linings, etc. Decorations, hangings, etc. Skylights, etc. Fire-resisting doors, etc., to be self-closing. Boxes. L.N. 63/77. Fire appliances; 42off 1961, s. 2. L.N. 224/80. Hydrants, drenchers, etc. Telephone and fire alarm. 42 of 1961, s. 2. Lightning conductors. L.N. 131/63. Sanitary fitments. G.N.A. 85/59. (Cap. 123, sub. leg.) Natural lighting. Admission of light and air. Dustbins. Certificates of stability for lighting system. power to ask for certificate. Lighting; two independent systems of lighting. Minimum lighting. Lighting of auditorium. Necessity to provide good illumination. Separation of systems. Recesses, cupboards, etc. Oil or candle lamps. Lighting of exit notices. Notices in auditorium. Lighting of stage, etc., exits. Gas, oil, etc., lamps. Lamp shades. Electrical intake enclosure. L.N. 131/63. Boiler, etc., enclosure. L.N. 131/63. Switchboards, control apparatus, etc. switchboards, platforms, etc. wiring. Fittings, accessories, etc. L.N. 63/77. Machines. Resistances. Radiators and convectors. L.N. 63/77. L.N. 77/77. Electric kettles, ions, etc. L.N. 63/77. Stage and platform illumination. Battens, footlights, etc. L.N. 63/77. L.N. 77/77. L.N.63/77.projector lamps, etc., in auditorium. Lamps for special purposes. Special lighting. Connexions to stage sockets. Electrician. Temporary electrical installations. Exhibitions, etc. Lampholders. Disused wiring and apparatus. Diagram of wiring. Fire appliances. 42 of 1961, s. 2. Installations for unlicensed and main portions of premises. Radio installations. Gas meters and main control. Guards for burners. Separation of supplies. Piping. Lighting fittings, etc. Taps. Remote control. Other gas installations. Ventilating installations. L.N. 63/77. L.N. 131/63. G.N.A. 87/52. L.N. 63/77. Cooling plant. Positions of inlets, etc. Ducts and shafts. Position of inlets, etc., in relation to stage. L.N. 131/63. Ventilation of lavatories, etc. Valves and dampers. Access to fans, etc. Short-circuiting of air supply/ L.N. 131/63. Interlocking of fans. L.N. 131/63. Incombustible material. Continuous use. Working. Ventilating shafts. Maintenance. Acetylene, limelight and compressed gas cylinders. Position and protection of lighting, heating and other fittings. L.N. 131/63. L.N. 63/77. Application of regulations 108, 110, 111, 114, 115, 118, 119, 120, 121 and 122 to theatres and cinemas. 30 of 1960, s. 148. (Cap. 132.) Exits. G.N.A. 87/52. Exit doors. Seating and gangways. G.N.A. 87/52. Presence of licensee and attendants. G.N.A.87/52. Precaution against accidents and fire. Fire service installations and equipment. G.N.A, 87/52. L.N. 224/80. Fire-fighting requirements. L.N. 224/80. Prohibition of smoking. Inflammable articles. Enclosure for projecting apparatus. Fittings, etc., of enclosure. Entrance to enclosure. L.N. 63/77. Openings in front face of enclosure, etc. Door, etc. of enclosure. G.N.A. 87/52. Ventilation of enclosure. L.N. 224/80. G.N.A. 87/52. Barrier. L.N. 63/77. Competent operator. Prohibition of entry. Enclosure to be outside auditorium. G.N.A. 87/52. L.N. 224/80. L.N. 224/80. Projecting apparatus. Projectors. L.N. 63/77. Take-up spools. Films to be kept in boxes. Maximum length of film. G.N.A. 87/52. L.N. 63/77. (Cap. 295, sub. leg.) Rewinding room. Fitting, etc., of rewinding room. G.N.A. 87/52. L.N. 63/77. Ventilation of rewinding room. G.N.A. 87/52. Means of egress. G.N.A. 87/52. Exemption. G.N.A. 87/52. L.N. 63/77. Portable projector. G.N.A. 87/52. Reserved space for projector in auditorium. L.N. 63/77. Projector support. Projector casing. Film boxes and films. L.N.63/77. G.N.A. 87/52. Duty to exhibit relevant regulations in place where portable projector is used. L.N. 9/70. Licences. Form 3. L.N. 127/77. L.N. 127/77. Permanent structures, water-borne craft. Temporary structures. L.N. 63/77. power to waive, vary, add to or subsitiute requirements to licences granted under Part III. G.N.A. 87/52. Boxing and wrestling contests. G.N.A. 87/52. L.N. 9/70. Special permission. G.N.A. 87/52. Temporary building. G.N.A. 87/52. Power to allow modifications. L.N. 131/63. Right of entry. L.N. 9/970. 19 of 1973, s. 54. Forms. G.N.A. 87/52. L.N.141/70. Schedule. Transfer of licences. L.N. 9/70. G.N.A. 87/52. General penalty. G.N.A. 87/52. Smoking. Cancellation of licence. 19 of 1973, s. 54. Special powers of police. 19 of 1973,s . 54. G.N.A. 166/53. Cinematographs to exhibit films only except with permission. G.N.A. 87/52. Licence fees and duration of licences. L.N. 29/77. L.N. 67/85. 39 of 1985, s. 60. L.N. 316/83. L.N. 216/83. Power of licensing authority to reduce fees. G.N.A. 102/54. L.N. 22/69. L.N. 94/74. L.N. 67/85. 39 of 1985, s. 60. L.N. 29/77. L.N. 135/82. L.N. 216/83. G.N.A. 87/52. 19 of 1973, s. 54. L.N.9/70. 19 of 1973, s. 54. L.N. 127/77. L.N. 135/77. L.N. 9/70. L.N. 141/70. L.N. 127/77. L.N. 135/77. L.N. 127/77. 39 of 1985, s. 60. L.N. 135/77.

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PLACES OF PUBLIC ENTERTAINMENT ORDINANCE

LAWS OF HONG KONG

PLACES OF PUBLIC ENTERTAINMENT

ORDINANCE

CHAPTER 172





CHAPTER 172

PLACES OF PUBLIC ENTERTAINMENT

Toconsolidate and amend the law relating to places of public
entertainment.

[31 October 1919.]

1. This. Ordinance may be cited as the Places of Public
Entertainment Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Building Authority' means the Director of Buildings and Lands;
(Added, 31 of 1963, s. 2. Amended, L.N. 76182 and L.N. 94186)

,,entertainment' includes any concert, stage play, stage performance or
other musical, dramatic or theatrical entertainment or any part
thereof, any cinematograph display, lecture, storey-telling, circus,
exhibition of pictures, photographs or books, exhibition of
dancing, conjuring or juggling, acrobatic performance, exhibition of
abnormal persons or animals, any sporting exhibition or contest,
any bazaar, any merry-go-round, flying wheel, or other mechanical
device designed for amusement; (Replaced, 37 of 1951, s. 2.
Amended, L.N. 65186)

'place of public entertainment' 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' means any entertainment, as above defined, to
which the general public are admitted with or without payment for
admission;





',stage play' includes every tragedy, comedy, farce, opera, revue,
burleta, interlude, melodrama, pantomime or other entertainment of
the stage or any part thereof. (Added, 37 of 1951, s. 2)

3. 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)

3A. The Governor may, by order published in the Gazette, exempt
any place of public entertainment from the provisions of this Ordinance
or from the conditions of any licence.

(Added, 7 of 1970, s. 3)

4. (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 of $10,000 and
imprisonment for 6 months, and to a further fine of $1,000 for every day
during which the offence has continued.

(Replaced, 51 of 1976, s. 2)

4A. (1) Any place of public entertainment the management and
control of which is vested in the Urban Council under the Public Health
and Municipal Services Ordinance may, if the Building Authority and
the Director of Fire Services have no objection, be classified by the
Urban Council as suitable for the presentation of entertainments of a
particular kind. (Amended, 10 of 1986, s. 32(1))

(2) Any premises classified under subsection (1) shall, for the
purposes of section 4, be deemed to be licensed for the entertainments
so classified.

(Added, 19 of 1973, s. 54)

4B. (1) Any place of public entertainment the management and
control of which is vested in the Regional Council under the Public
Health and Municipal Services Ordinance may, if the Building Authority
and the Director of Fire Services have no objection, be classified by the
Regional Council as suitable for the presentation of entertainments of a
particular kind. (Amended, 10 of 1986, s. 32(1)

(2) Any premises classified under subsection (1) shall, for the
purposes of section 4, be deemed to be licensed for the entertainments
so classified.

(Added, 39 of 1985, s. 60)





5. (1) No person shall advertise, present or carry on any
cinematograph display to which the public are invited or have
access or which persons may attend by reason of being members
of any club, association or othel organization, incorporated or un-
incorporated, or cause and such display to be advertised, presented
or carried on, unless every film (incluing any trailer or excerpt),
and every poster, picture or figure exhibited and the text of every
advertisement used in connexion with such display have been
approved for exhibition in a cordance with the provisions of this
Ordinance. (Amended, L. 63170 and 51 of 1976, s. 3)

(2) For the purposes of this section, if any film (including any trailer
or excerpt) or any poster, picture, figure or the text of any advertisement
exhibited in connexion therewith is altered in any way whatsoever after
bein ved for exhibition as required in subsection (1) or, where IJ-=o)vzail
is subject to any conditions, there is a breach of any uch condition,
such film (including any trailer or excerpt) or such poster, picture, figure
or text, as the case may be, shall be deemed not to have been so
approved. (Replaced, 51 of 1976, s. 3)

(2A) Any person o whom approval has been granted under
subsection (1) to advertise, present or carry on a cinematograph display
may also be quired to submit for approval any other matter, other than
tho iterns to which subsection (1) applies, which is being exhibited or
intended for exhibition at such a display. (Added, 51 of 1976,

(2B) Where matter is required to be submitted for approval
under subsection (2A) no person shall exhibit or continue to
exhibit such matter unless approval has been granted. (Added, 51 of 19 76, s.
3)

(2C) Any ma ter submitted for approval under subsection (2A)
which is altered in ny way after being approved for exhibition shall be
deemed not t have been so approved. (Added, 51 of 1976, s. 3)

(3) Any person who contravenes any of the provisions of this
section shall be uilty of an offence and shall be liable on summary
conviction to a fine of $10,000 and imprisonment for 6 months. (Amended,
51 1976, s. 3)

(Replaced, 47 of 1960, s. 2)

6. (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. 65186)

(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 $2,000. (Amended, 22 of 1950, Schedule)

(Added, 2 of 1941, s. 2)

7. (1) The Governor in Council may by regulation provide for-
(Amended, L.N. 65186)

(a)the kinds of entertainments for which places of public
entertainment may be licensed, the mode of application for
licences for places of public entertainment, and the issue of
such licences to such persons and for such periods of time and
during such hours, as may be respectively determined in each
licence; (Replaced, 37 of 1951, s. 5. Amended, 19 of 1973, s.
54)

(aa) the transfer of any such licence; (Added, 7 of 1970, s. 5)

(b) the cancellation of any such licence;

(e)the location of a place of public entertainment generally or on
or in any place, building, erection or structure and the
circumstances, conditions and restrictions in or subject to
which such location may be permitted; (Added, 19 of 1980, s.
3)

(d)the materials of which any place of public entertainment shall
be constructed and regulating the construction of such place
and the construction and arrangement of staircases, corridors,
gangways, vestibules, seating accommodation, entrances,
exits, doors and fastenings of in or appertaining to such place
and all other matters appertaining to the same; (Replaced, 37
of 1951, s. 5)

(e)the exercise of all such measures as may be prescribed in any
such regulation against overcrowding, and for the control and
prevention of fires and for the maintenance of sanitary
conditions in any place of public entertainment; (Replaced, 37
of 1951, s. 5)

(f)the maintenance of peace and good order in a place of public
entertainment; (Replaced, 37 of 1951, s. 5)

(g)the entry and inspection for the purposes of securing
compliance with this Ordinance and of any regulations made
thereunder of a place of public entertainment or a proposed
place of public entertainment at any time by the Commissioner
of Police, the Secretary for

Serviees and Information, the Building Authority, the Director
of Fire Services and the Director of Marine, and any public
officer authorized by them in that behalf, and





any other officer authorized by the Governor in that behalf;
(Replaced, 37 of 1951, s. 5. Amended, 7 of 1970, s. 5 and L.N.
67185)

(h) 'he censoring of cinematograph films (including trailers and
excerpts), posters, pictures, figures and advertisements and
any other matter intended for exhibition at a cinematograph
display, in such manner and on such principles as ay be
prescribed in the regulations; (Replaced, 51 of 76, s. 4)

(i) the fees to be paid in respect of such censoring;

(ia) the inclusion in any cigarette advertisement (as defined for t
purposes of the Smoking (Public Health) Ordinance), i ded for
exhibition at a cinematographic display, of a h alth warning in
such manner as may be prescribed in t regulations and
enabling any advertisement which does ot display such a
warning to be disapproved of for exhib ion; (Added, 58 of
1982, s. 17)

(j) any conditions whatsoever for any licence granted under this
Ordinance; (Replaced, 88 of 1970, s. 2)

(ja) the grant of authority to persons to take or receive statutory
declarations pertaining to matters provided for in the
regulations; (Added, 51 of 1976, s. 4)

(k) generally, the carrying into effect of the provisions of this
Ordinance.

(Amended, 33 of 1939, Supp. Schedule, G.N. 840140, and 20 of
1948, s. 4)

(2) Any regulation made under this Ordinance may provide that a
contravention thereof shall be an offence and may prescribe penalties
for such offence not exceeding a fine of $10,000 and imprisonment for 6
months. (Added, 13 of 1966, Schedule. Amended, 51 of 1976, s. 4)

7A. (1) Where by regulations made under section 7 the Urban
Council is empowered to issue any licence, the Urban Council may, by
notice published in the Gazette, specify the fees payable in respect of
any such licence.

(2) Until the Urban Council shall specify fees payable in respect of
any licence under subsection (1), the fees payable therefor shall be as
prescribed in regulation 176 of the Places of Public Entertainment
Regulations.

(Added, 19 of 1973, s. 54)

7B. (1) Where by regulations made under section 7 the Regional
Council is empowered to issue any licence, the Regional

Council may, by notice published in the Gazette, specify the fees
payable in respect of any such licence.

(2) Until the Regional Council shall specify fees payable in respect
of any licence under subsection (1), the fees payable therefor shall be as
prescribed in regulation 176 of the Places of Public Entertainment
Regulations.

(Added, 39 of 1985, s. 60)





8. (1) No person shall advertise, present or carry on any public
entertainment without a permit granted by the Commissioner for
Television and tertainment Licensing either generally or in any particular
case as may appear to him expedient. (Replaced, 24 of 1930, s. 2.
Amended, 47 of 1960, s. 3; 88 of 1970, s. 3 and L.N. 122177)

(2) The Commissioner for Television and Entertainment Licensing
may in his discretion grant, refuse, cancel or grant subject to such
conditions as he may think fit, any permit referred to in subsection (1):
(Amended, L.N. 122177)

Provided that no such permit shall be granted in the name of more
than one person. (Replaced, 47 of 1960, s. 3)

(3) The person so named shall be responsible for the due
observance of all the conditions of the permit. (Replaced, 24 of 1930, s.
2. Amended, 88 of 1970, s. 3)

(4) Any person who-

(a) contravenes the provisions of this section; or

(b)contravenes any condition of the permit granted under this
section,

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 and imprisonment for 6 months. (Replaced, 88 of 1970, s. 3.
Amended, 51 of 1976, s. 5)

(5) Any person, to whom a permit is granted under this section,
who suffers or permits a contravention of any condition of such permit
shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 and imprisonment for 6 months. (Added, 88 of 1970, s. 3.
Amended, 51 of 1976, s. 5)

9. (1) Whenever any person is dissatisfied with the exercise

of the discretion of any person to whom discretionary power is given
under this Ordinance in respect of any act, matter, or thing, which is
by this Ordinance made subject to the exercise of the discretion of
such authority, or with any action or decision of any such person
either as to the carrying out of or the meaning of any of the
provisions of this Ordinance, or whenover any of hte provisions of
this Ordinance are, owing to special conditions, undersirable, the
person so dissatisfied may, unless proceedings have already been
taken before a magistrate in relation thereto, appeal to the Governor
in Council, who, if in his opinion the exercise of such discretion or
such action or decision requires modification revocation, or setting
aside, or such special conditions exist as render any such provision
undersirable, may make such order in respect thereof as may be just.

(2) The provsions of section 64 of the Interpretation and
General Clauses Ordinance shall apply to any such appeal.

(3) This section shall not apply to the Film Censorship Regula-
tions. (Replaced 7 of 1970, s. 6) (Added, 37 of 1951, s. 7)
Originally 22 of 1919. (Cap. 172, 1950 Ed.) 5 of 1924. 18 of 1929. 24 of 1930. 25 of 1937. 33 of 1939. 2 of 1941. 20 of 1948. 22 of 1950. 37 of 1951. 12 of 1952. 47 of 1960. 31 of 1963. 13 of 1966. 7 of 1970. L.N. 63/70. 88 of 1970. 19 of 1973. 51 of 1976. L.N. 122/77. 19 of 1980. L.N. 76/82. 58 of 1982. L.N. 67/85. 39 of 1985. L.N. 65/86. 10 of 1986. L.N. 94/86. Short title. Interpretation. [cf. Ca[. 114, s. 2.] Delegation of powers. Power of Governor to grant exemptions. Licences for places of public entertainment. Urban Council premises. (Cap. 132.) Regional Council premises. (Cap. 132.) Cinematograph displays. Restrictions on the unauthorized sale of tickets. (Cap. 110) Power to make regulations for places of public entertainment. (Cap. 371.) urban Council may specify fees. (Cap. 172 sub. leg.) Regional Council may specify fees. (Cap. 172, sub. leg.) Permits for public entertainments. Appeal to Governor in Council. (Cap. 1.) (Cap. 172, sub. leg.)

Originally 22 of 1919. (Cap. 172, 1950 Ed.) 5 of 1924. 18 of 1929. 24 of 1930. 25 of 1937. 33 of 1939. 2 of 1941. 20 of 1948. 22 of 1950. 37 of 1951. 12 of 1952. 47 of 1960. 31 of 1963. 13 of 1966. 7 of 1970. L.N. 63/70. 88 of 1970. 19 of 1973. 51 of 1976. L.N. 122/77. 19 of 1980. L.N. 76/82. 58 of 1982. L.N. 67/85. 39 of 1985. L.N. 65/86. 10 of 1986. L.N. 94/86. Short title. Interpretation. [cf. Ca[. 114, s. 2.] Delegation of powers. Power of Governor to grant exemptions. Licences for places of public entertainment. Urban Council premises. (Cap. 132.) Regional Council premises. (Cap. 132.) Cinematograph displays. Restrictions on the unauthorized sale of tickets. (Cap. 110) Power to make regulations for places of public entertainment. (Cap. 371.) urban Council may specify fees. (Cap. 172 sub. leg.) Regional Council may specify fees. (Cap. 172, sub. leg.) Permits for public entertainments. Appeal to Governor in Council. (Cap. 1.) (Cap. 172, sub. leg.)

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FISHERIES PROTECTION REGULATIONS

FISHERIES PROTECTION REGULATION
(Cap. 17 1, section 4)
[12
October

G.N.A. 102162 L.N. 3188

Citation

1. These regulations may be cited as the Fisheries Protection Regulations.

Prohibition of the use of explosives

2. No person with intent to capture fish shall use any explosive.

Prohibition of the use of toxic substances

3. No person with intent to capture fish shall use any toxic substance.

Possession of explosives or toxic substances

4. No person shall possess or have in his control any explosive or toxic
substance for the purpose of fishing.

Liability of master, etc., of vessel

5. In the event of any contravention of regulation 2, 3 or 4, the master or person
in charge of

(a)any vessel upon which or from which such contravention was committed;
or

(b)any vessel used for or employed in the commission of such contravention,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
10,000 and to imprisonment for 6 months.

(L.N. 3188)

Exemptions

6. The Director may by permit in writing exempt any person from all or any of
the provisions of these regulations where he is satisfied that such exemption is
reasonably necessary for the purpose of

(a) carrying out any scientific research; or

(b)carrying on any bona fide business of fish culture in ponds or artificially
enclosed waters.





Penalties

7. Any person who contravenes any of the provisions of regulation 2, 3 or 4,
shall be guilty of an offence and shall be liable on summary conviction to a fine of
10,000 and to imprisonment for 6 months.

(L.N. 3188)

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FISHERIES PROTECTION ORDINANCE

LAWS OF HONG KONG

FISHERIES PROTECTION ORDINANCE

CHAPTER 171





CHAPTER 171

FISHERIES PROTECTION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Appointment of officers 1 . ... ... ... ... ... ... ... ... ... ... ... 2

3A. Authorized officers ... ... ... ... ... ... ... ... ... ... ... ... ... 2

4. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

5. Power of search and seizure ... ... ... ... ... ... ... ... ... ... ... ... 3

6. Forfeiture of things in respect of which offences are committed ... ... ... ... 3

7. Seizure and forfeiture of things used for the commission of offences ... ... ... 4

8. Presumptions ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

9. Proof of cause of death, injury or stupefaction of fish ... ... ... ... ... ... 5

10. Amendment of Schedule ... ...
... ... ... ... ... ... ... ... ... ... 5

Schedule. Toxic substance ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5





CHAPTER 171

FISHERIES PROTECTION





(c)the prohibition or restriction of the taking of any variety of fish,
or fish of any size, from the waters of Hong Kong; (Amended,
68 of 1987, s. 5)

(d)the prohibition or restriction of the use of any specified kinds
of net or of nets having a mesh of any specified size for the
purpose of fishing;

(e) the conservation of oysters and oyster beds;

the prohibition or restriction of the collection, removal or
destruction of any variety of fish spawn or turtle eggs;

(g) the protection of spawning areas;

(h) generally, the protection or regulation of fishing.

(2) Regulations made under this Ordinance may provide that
contravention of any of the provisions of such regulations shall
constitute an offence and may prescribe penalties therefor not exceeding
$10,000 and imprisonment for 6 months. (Amended,68 of 1987, s. 5)

5. (1) The Director or any authorized officer, fisheries inspector or
police officer may without warrant

(a) board and search any vessel or any part thereof,

(b)seize, remove and retain any fish or other article or thing
whether found on board any vessel or in any other place, in
respect of which it appears to him that any offence against this
Ordinance has been committed or which appears to him to
constitute evidence of any such offence having been
committed.

(2) The Director or any authorized officer or any police officer of the
rank of inspector and above may enter and search without warrant any
premises or place used or reasonably suspected of being used either
wholly or in part for the storage of fish in respect of which he has reason
to believe an offence against this Ordinance has been committed, or for
the storage of any other article or thing capable of being used in the
commission of an offence against this Ordinance.

(Amended, 68 of 1987, s. 6)

6. (1) Where a magistrate is satisfied that an offence against this
Ordinance has been committed in respect of any fish or any other article
or thing seized under the provisions of section 5, whether or not any
person has been convicted in respect of such offence, the magistrate
shall order such fish or other article or thing to be forfeited to the Crown.

(2) Notwithstanding anything contained in subsection (1), where
any fish is seized under section 5, the Director or any authorized officer
may cause such fish to be sold or otherwise disposed of prior to
application being made for the forfeiture thereof, and the proceeds
thereof retained in lieu, and if in any such





case the magistrate, upon such application for forfeiture being made, is
not satisfied that an offence against this Ordinance has been committed
in respect thereof, upon application made by any person claiming to be
the owner of such fish he shall, if he is satisfied as to the validity of the
claim, order such proceeds to be paid to the claimant, but where no claim
is made or the magistrate is not satisfied as to the validity of any claim,
the proceeds shall be paid into the general revenue. (Amended, 68 of 1987,
s. 7)

(3) For the purposes of this section-

'proceeds' means sale price less any commission or fee payable in
respect of such sale.

7. Whenever it is lawful under this Ordinance for the Director or any
authorized officer, fisheries inspector or police officer to seize and retain
any fish or other article or thing, it shall be lawful(Amended, 68 of 1987, s.
8)

(a) to seize and retain-

(i) any receptacle other than a vessel or vehicle in which
such fish or other article or thing is contained;

(ii) any machinery other than the propellant machinery of a
vessel or vehicle, implement, utensil, material or substance
used for the commission of any offence against this
Ordinance; and

(iii) any books or documents which appear to him to contain
evidence that an offence has been or is about to be committed
against this Ordinance; and

(b)to direct any vessel or vehicle in which any thing referred to in
paragraph (a) is seized to proceed to such port or place as may
be convenient for unloading from the vessel or vehicle
anything seized thereon and may then detain the vessel or
vehicle for such time as may reasonably be required to effect
the unloading.

8. (1) Any explosive or toxic substance found in the possession or
control of any person engaged in fishing or in any vessel or in any
premises or place used in whole or in part for the storage of fishing
equipment or fish, shall be deemed, until the contrary is proved, to be
possessed, stored or used for the purpose of fishing.

(2) The master or other person in charge of any vessel or the
person in control of any premises or place used in whole or in part for
the storage of fishing equipment or fish in which any explosive or toxic
substance is found shall be deemed, until the contrary is proved, to be in
possession or control of such explosive or toxic substance for the
purpose of fishing.

(3) Where any vessel is found to have on board any explosive or
toxic substance or any premises or place used in whole or in part for the
storage of fishing equipment or fish is found to contain any explosive or
toxic substance, any fish found in such vessel, premises





or place shall, until the contrary is proved, be deemed to have been
captured by means of such explosive or toxic substance.

(4) Where any vessel is found to have on board any fish which has
been killed, stupefied or otherwise injured by any explosive or toxic
substance, such vessel shall, until the contrary is proved, be deemed to
have been used for the capture of such fish by means of explosive or
toxic substance.

9. Where in any case the cause of death, injury or stupefaction of
any fish is in question, a certificate purporting to be signed by an
authorized officer shall be prima facie evidence in any court as to the
cause of death, injury or stupefaction of the fish.

(Amended, 68 of 1987, s. 9)

10. The Governor in Council may amend the Schedule by order
published in the Gazette.

SCHEDULE [ss. 2 10.]
Toxic SUBSTANCE
1. The residue left after oil has been expressed from tea-seeds, commonly known as

Cha Tsai Peng 0).
2. Any substance containing any proportion of-

(a) rotenone (2R,6aS,12aS)-1,2,6,6a,12, 12a-hexahydro-2-isopropenyl-8,

9-dimethoxychromeno [3,4-b] furo [2,3-h] chromen-6-
one;

(b) cyanide;

(c) phenthoate S-0c-ethoxycarbonylbenzyl 0,0-dimethyl phosphorodithioate;

(d) permethrin 3-phenoxybenzyl (1 RS)-cis-trans-3-(2,2-dichlorovinyl)-
2,

2-dimethyleyclopropane-carboxylate. (Replaced, L. N.

220187)
Originally 39 of 1962. L.N. 220/87. 68 of 1987. Short title. Interpretation. Schedule. Appointment of officers. Authorized officers. Regulations. Power of search and seizure. Forfeiture of things in respect of which offences are committed. Seizure and forfeiture of things used for the commission of offences. Presumptions. Proof of cause of death, injury or stupefaction of fish. Amendment of schedule.

Originally 39 of 1962. L.N. 220/87. 68 of 1987. Short title. Interpretation. Schedule. Appointment of officers. Authorized officers. Regulations. Power of search and seizure. Forfeiture of things in respect of which offences are committed. Seizure and forfeiture of things used for the commission of offences. Presumptions. Proof of cause of death, injury or stupefaction of fish. Amendment of schedule.

https://oelawhk.lib.hku.hk/items/show/2759

WILD ANIMALS PROTECTION (APPROVAL OF HUNTING APPLIANCES) NOTICE

WILD ANIMALS PROTECTION (APPROVAL OF L.N. 326/80.
HUNTING APPLIANCES) NOTICE -

(Cap. 170, section 7)

[1 January 1981.]

1. This notice may be cited as the Wild Animals Protection Citation.
(Approval of Hunting Appliances) Notice.

2. The following hunting applicances are approved for the Approval of
purpose of hunting wild animals--- hunting
appliances.
(a) poisons commonly used to kill rats, mice. cockroaches,
mites, ticks, bugs, fleas lice and similar household pests;
(b) insecticides and agricultural pesticides;
(c) spring-back traps of a size and type commonly used to
kill rats and mice;
(d) cage traps smaller than 331 millimetres in length. 181
millimetres in width or 156 millimetres in height com-
monly used to capture rats, mice and similar pests.
L.N. 326/80. Citation. Approval of hunting appliances.

L.N. 326/80. Citation. Approval of hunting appliances.

https://oelawhk.lib.hku.hk/items/show/2758

WILD ANIMALS PROTECTION ORDINANCE

LAWS OF HONG KONG

WILD ANIMALS PROTECTION ORDINANCE

CHAPTER 170





CHAPTER 170

WIELD ANIMALS PROTECTION ORDINANCE

ARRANGEMENT OF SECTIONS

Section...................................... Page

1. Short title ............................. ... ... ... ... ... ... ... 2
2. Interpretation ............................. ... ... ... . ... ... ... 2
3. [Repealed] ................................. ... ... ... ... ... ... 3

4. Hunting of protected wild animals prohibited ... ... ... ... ... ... 3

5. Protection of nests and eggs ............... ... ... ... ... ... ... 3

6. [Repealed] ................................. ... ... ... ... ... ... 3

7. Hunting by certain means prohibited ..... ... ... ... ... ... ... 3

8. Possession of protected wild animals .... ... ... ... ... ... ... ... 3
9. Sale or export of protected wild animals ... ... ... ... ... ... ... 3

10-12. [Repealed] ............................ ... ... ... ... ... ... ... 3

13. Entry in restricted areas.... ... ... ... ... ... ... ... ... ... ... 4

14...........[Repealed] ....................... ... ... ... ... ... ... ... ... 4
15...........Special permits .................. ... ... ... ... ... ... ... ... ... 4
16...........Nature wardens ................ ... ... ... ... ... ... ... ... ... 4

17. Powers of inspection and arrest ........... ... ... ... ... ... ... ... 4

18................Offences and penalty ..... ... ... ... ... ... ... ... ... ... ... 5

19.............Burden of proof ................ ... ... ... ... ... ... ... ... ... 5

20...........Forfeiture ....................... ... ... ... ... ... ... ... ... 5

21.......................Compensation for damage to crops ... ... ... ... ... ... ... ... 6

22. Power to amend Schedules ............... ... ... ... ... ... ... ... 6

23. Cancellation of game licences and refund of fees ... ... ... ... ... 6

First Schedule [Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 6 Second Schedule Protected wild
animals ... ... ... ... ... ... ... ... ... 7 Third Schedule [Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 9
Fourth Schedule [Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 9

Fifth Schedule [Deleted] 9
Sixth Schedule....................Areas in which entry or presence is restricted ... ... ... ... 9

Seventh Schedule [Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 9
Eighth Schedule (Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 9





CHAPTER 170

WILD ANIMALS PROTECTION

Tomake provision for the conservation of wild animals, and for
purposes connected therewith.

[23 January 1976.1

1. This Ordinance may be cited as the Wild Animals Protection
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'animal' means any form of animal life other than fish and marine
invertebrates; (Amended, 58 of 1980, s. 2)

'arms' includes

(a)any firearm of any description from which any shot, bullet or
other missile can be discharged;

(b)any air gun, air rifle or air pistol from which any shot, bullet or
other missile can be discharged; and

(c)any propelling or releasing instrument or mechanism, from or
by which any shell, cartridge or projectile can be discharged;

'authorized officer' means a

(a) police officer;

(b) justice of the peace;

(c)nature warden or honorary nature warden appointed under
section 16; (Amended, 58 of 1980, s. 2)

(d)forest officer under the Forests and Countryside Ordinance; or

(e) fisheries inspector under the Fisheries Protection Ordinance;

'Director' means the Director of Agriculture and Fisheries;

'hunt' includes any act immediately directed at the killing or capture of
any wild animal or the taking of any nest, egg, or young of any wild
animal; (Amended, 58 qf 1980, s. 2)

'hunting appliance' means any net, gin, snare, poison or poisoned
weapon, bird lime, trap or bright light;

'live decoy' means a live animal intended for use in attracting any other
animal;

'protected wild animal' means any wild animal specified in the Second
Schedule;

&&special permit' means a special permit issued under section 15;





'wild animal' means any animal which is not bred or kept in
domestication.
(Amended, 58 of 1980, s. 2)

3. [Repealed, 58 of 1980, s. 151

4. No person shall hunt any protected wild animal.

5. No person shall take, remove, injure, destroy or wilfully
disturb a nest or egg of any protected wild animal.
(Amended, 58 of 1980, s. 3)

6. [Repealed, 58 of 1980, s. 151

7. (1) No person shall hunt any wild animal by means of-

(a) a live decoy or the emission of recorded noises;

(b) any pitfall;

(c) any arms; or

(d)any hunting appliance other than a hunting appliance
approved by the Director for the purposes of this section
by notice in the Gazette.

(2) No person shall have in his possession any hunting
appliance other than a hunting appliance approved by the Director
for the purposes of this section by notice in the Gazette, or make a
pitfall for the purpose of hunting any wild animal.
(Replaced, 58 qf 1980, s. 4)

8. No person shall have in his possession or under his
control-

(a) any live protected wild animal taken in Hong Kong;

(b)any dead protected wild animal, or part of a protected
wild animal, killed or taken in Hong Kong; or

(c)any nest or egg of any protected wild animal taken in
Hong Kong.
(Replaced, 58 of 1980, s. 5)

9. No person shall buy, sell, export or offer for sale or export-

(a)any protected wild animal, or part of a protected wild
animal, killed or taken in Hong Kong; or

(b)any nest or egg of any protected wild animal taken in
Hong Kong. (Amended, 58 of 1980, s. 6)

10-12. [Repealed, 58 of 1980, s. 151





13. (1) Subject to subsection (2), no person shall, except in
accordance with a permit in writing granted by the Director, enter
into or be within any area specified in the Sixth Schedule during
the period specified in respect thereof in that Schedule. (Amended,
58 of 1980, s. 7)

(2) Subsection (1) shall not apply to-
(a)a public officer or a member of Her Majesty's forces on
duty within any such area; (Amended, 44 of 1976, s. 3)

(b)a person engaged on public works within any such area;
or
(c) a person ordinarily resident in such specified area.

(3) A person who under subsection (2) lawfully enters or is
within any area specified in the Sixth Schedule shall not-
(a)unless he is a police officer or a member of Her Majesty's
forces or the Customs and Excise Service on duty, be in
possession of any arms; (Amended, 44 of 1976, s. 3 and
58 of 1980, s. 7)
(b) be in possession of any hunting appliance; or

(c) hunt any wild animal.

14. [Repealed, 58 of 1980, s. 151

15. Notwithstanding any provision of this Ordinance, the
Director may grant to any person a special permit in writing, upon
such conditions as he thinks fit, to do anything which is prohibited
under this Ordinance.

16. The Governor may appoint any person to be a nature
warden or honorary nature warden for the purposes of this Ordin-
ance and any such appointment shall be published in the Gazette.
(Amended, 58 of 1980, s. 8)

17. (1) If an authorized officer finds a person hunting or has
reasonable grounds for believing that a person has been hunting or
is about to hunt, he may require such person to produce for inspec-
tion his special permit. (Amended, 58 of 1980, s. 9)

(2) If an authorized officer has reasonable grounds for believing
that a person has committed an offence under section 18, he may-
(a) arrest such person; and

(b) seize-
(i) any protected wild animal, or part of any protected
wild animal;
(ii) any nest or egg of any protected wild animal; or
(Amended, 58 qf 1980, s. 9)
(iii) any arms, hunting appliance, live decoy or device
for the emission of recorded noises,





whether in the possession of such person or not, in respect of
which the authorized officer has reason to believe that the
offence was committed.

(3) Where an authorized officer arrests a person under subsection
(2) he shall forthwith take such person to the nearest police station and
shall there hand him over to the custody of a police officer and
thereupon the provisions of section 52 of the Police Force Ordinance
shall apply.

(4) If any thing seized under subsection (2) is perishable, the
Director may cause it to be sold or otherwise disposed of forthwith.

18. Any person who-

(a)contravenes section 4, 5, 7, 8, 9 or 13; (Amended, 58 of 1980,s.
10)

(b)without lawful excuse fails to comply with a requirement of an
authorized officer under section 17(1); or

(c)wilfully resists or obstructs an authorized officer exercising
any power under section 17(2),

shall be guilty of an offence and-

(i) if the offence was committed in respect of a protected wild
animal, shall be liable on conviction to a fine of $5,000; and

(ii) in any other case, shall be liable on conviction to a fine of
$3,000.

19. Where in any proceedings for an offence under section 8 or 9
(read with section 18) it is alleged that

(a)any protected wild animal was killed or taken in Hong Kong;
or

(b)any nest or egg of any protected wild animal was taken in
Hong Kong,

it shall be so presumed, until the contrary is proved by the person
charged with the offence.

(Amended_58 of 1980, s. II)

20. Where a person is convicted of an offence under section 18, a
magistrate may order

(a)any protected wild animal, or part of any protected wild
animal;

(b) any nest or egg of any protected wild animal; or

(c)any arms, hunting appliance, live decoy or device for the
emission of recorded noises,

in respect of which the offence is committed to be forfeited to the

Crown.

(Amended, 58 of 1980, s. 12)





21. (1) If any damage is caused to growing crops by a person, or by
his attendants or dogs, whilst engaged in hunting, he shall be liable to
pay to the owner of the crops by way of compensation such sum of
money as a magistrate may, on hearing a complaint under Part II of the
Magistrates Ordinance, order.

(2) Any compensation ordered to be paid under subsection (1)

(a) shall be paid within 7 days after the date of the order; or

(b)shall, if not paid in accordance with paragraph (a), be recovered
as if it were a fine imposed by a magistrate under this
Ordinance.

22. (1) The Governor may by order published in the Gazette amend
any Schedule.

(2) Where the Governor amends the Sixth Schedule, an amendment
of an area specified in that Schedule or the insertion therein of a new
area shall be described by reference to a plan signed and dated by the
Director and deposited in the Land Office, Victoria, and such plan shall
be available for inspection at the Land Office, Victoria, and copies of it
shall be available for inspection at every District Office in the New
Territories.

(Amended, 58 of 1980, s. 13)

23. (1) All game licences issued under the repealed section 14 are
cancelled with effect from 1 January 1981.

(2) Any person who immediately before 1 January 1981 was the
holder of a game licence which is cancelled by subsection (1) may apply
for and be granted by the Director a refund of that proportion of his
licence fee that the number of days remaining in the unexpired term of
his licence bears to 365.

(3) Any refund of licence fee which has not been applied for within
12 months after 1 January 1981 shall be irrecoverable.

(58 of 1980, s. 16, incorporated)

FIRST SCHEDULE

[Deleted, 58 of 1980, s. 151





SECOND SCHEDULE [ss. 2 & 22.]

PROTECTED WILD
ANIMALS

Note: The protected wild animals are those specified in Column 2. The names given in Column 1, Column 3 and Column 4 are for
information only.

Column 1 Column 2 Column 3 Column 4
MAMMALIA MAMMALS

CHIROPTERA Chiroptera, all species of all genera and all Bats
families

PRIMATES Primates, all species of all genera and all Primates (monkeys etc.)
families except an individual of the family
Hominidae (man)
PHOLIDOTA
Manidae Manis pentadactyla Chinese Pangolin

RODENTIA
Hystricidae Hystrix hodgsoni Chinese Porcupine
Sciuridae Sciuridae, all species of all genera and all Squirrels
families
CETACEA Cetacca, all species of all genera and all Cetaceans (Dolphins, whales, porpoises)
families
CARNIVORA

Canidae Vulpes vulpes Common Red Fox
Viverridae Herpestes urva Crab-eating Mongoose
Paguma larvata Masked Palm Civet
Viverricula indica Small Indian Civet
Viverra zibetha Large Indian Civet





Column 1 Column 2 Column 3 Column 4
Mustelidae Lutra lutra Otter

Melogale moschata Chinese Ferret Badger
Felidae Felis bengalensis Leopard Cat
SIRENIA
Dugongidae Dugong, all species Dugongs
ARTIODACTYLA
Cervidae Muntiacus reevesi Reeves' Muntjac or Barking Deer
AVES BIRDS

All wild birds

REPTILIA REPTILES

TESTUDINES Testudines, all species of all genera and all Chelonians (Turtles, terrapins, tortoises etc.)

families
SERPENTES
Boidae Python molurus bivittatus Burmese Python

INSECTA INSECTS

LEPIDOPTERA
Papilionidae Troides helena Birdwing Butterfly

(Replaced, 58 of 1980, s. 14)





THIRD, FOURTH AND FIFTH SCHEDULES
[Deleted, 58 of 1980, s. 15)

SIXTH SCHEDULE [ss. 13 & 22.1]

AREAS IN WHICH ENTRY OR PRESENCE 15 RESTRICTED

Area A Restricted Period

Fung Shui wood behind the village of From 1 April to 30 September, both

Yim Tso Ha, Starling Inlet, New days inclusive.

Territories.

Area A is delineated and marked in yellow on a plan entitled 'Wild Birds and
Wild Mammals Protection Ordinance (Seventh Schedule)' which was signed by the
Director of Agriculture and Fisheries on 3 June 1971 and deposited in the Land
Office, Victoria. The plan may be inspected at the Land Office, Victoria, and
copies of the plan are available for inspection at all the District Offices in the New
Territories.

Area B Restricted Period L.N.210/78.
210178.
Part of the Deep Bay Marshes, other- At all times.
wise known as the Mai Po Marshes
and all of the mangrove swamps
which adjoin the said part.

Area B is delineated and marked in red on a plan entitled 'Wild Animals
Protection Ordinance (Chapter 170), Sixth Schedule, Area W' which was signed by
the Director of Agriculture and Fisheries on 16 August 1978 and deposited in the
Land Office, Victoria. The plan may be inspected at the Land Office, Victoria and
copies are available for inspection at all District Offices in the New Territories.

SEVENTH AND EIGHTH SCHEDULES

[Deleted, 58 of 1980, s. 15]
Originally 5 of 1976. 44 of 1976. L.N. 226/76. L.N. 70/78. L.N. 210/78. L.N. 262/78. L.N. 302/78. 58 of 1980. Short title. Interpretation. (Cap. 96.) (Cap. 171.) Second Schedule. Hunting of protected wild animals prohibited. Protection of nests and eggs. Hunting by certain means prohibited. Possession of protected wild animals. Sale or export of protected wild animals. Entry in restricted areas. Sixth Schedule. Special permits. Nature wardens. Powers of inspection and arrest. (Cap. 232.) Offences and penalty. Burden of proof. Forfeiture. Compensation for damage to crops. (Cap. 227.) Power to amend Schedules. Cancellation of game licences and refund of fees. L.N. 210/78.

Originally 5 of 1976. 44 of 1976. L.N. 226/76. L.N. 70/78. L.N. 210/78. L.N. 262/78. L.N. 302/78. 58 of 1980. Short title. Interpretation. (Cap. 96.) (Cap. 171.) Second Schedule. Hunting of protected wild animals prohibited. Protection of nests and eggs. Hunting by certain means prohibited. Possession of protected wild animals. Sale or export of protected wild animals. Entry in restricted areas. Sixth Schedule. Special permits. Nature wardens. Powers of inspection and arrest. (Cap. 232.) Offences and penalty. Burden of proof. Forfeiture. Compensation for damage to crops. (Cap. 227.) Power to amend Schedules. Cancellation of game licences and refund of fees. L.N. 210/78.

https://oelawhk.lib.hku.hk/items/show/2757

PREVENTION OF CRUELTY TO ANIMALS REGULATIONS

PREVENTION OF CRUELTY TO ANIMALS
REGULATIONS

(Cap. 169, section 8)

[29 November 1935.1

PART 1

GENERAL

1. These regulations may be cited as the Prevention of
Cruelty to Animals Regulations.

2. Baskets, crates and cages, other than pig crates, shall be
large enough to allow free movement in all directions of every
animal therein.

3. Bird cages shall have sliding or removable bottoms and the
bottoms shall be of such construction as to prevent droppings from
birds in one cage failing on to birds in another cage.

4. Perches in bird cages shall be so arranged that droppings
from birds on higher perches do not fall on birds on lower perches
and the perches to each cage shall be sufficient for all the birds in
such cage to find room to roost.

5. Adequate shelter from sun or rain shall be provided for all
animals in captivity.

6. Baskets, crates and cages containing animals shall be kept
clean and properly ventilated.

7. All premises in which animals are in confinement shall be
kept clean, properly lighted, ventilated, drained, and in good repair.

8. All animals shall have a constant and adequate supply of
clear fresh water.

9. All maimed or ailing animals shall be separately confined.

10. Any basket, crate or cage in which any animal is carried or
kept shall be so constructed as to prevent any such animal from
being injured.





PART 11

IMPORT AND EXPORT OF LIVE STOCK, CATTLE, ETC.

11. (1) The master, owner, or agent of every vessel leaving any port
of the Colony carrying more than 10 head of cattle for export shall
provide suitable food and fresh water for all cattle carried in the said
vessel sufficient for the intended voyage, and in addition shall provide--

(a)for voyages of less than 3 days average duration, 1 day's extra
ration for each head of cattle. or

(b)for voyages of more than 3 days average duration, 2 days'
extra rations for each head of cattle.

(2) He shall also cause all the cattle carried in the said vessel to be
provided with a sufficient quantity of food and water in every 24 hours
from the time of embarkation till the time of final disembarkation, and
shall carry such number of men as shall. in the opinion of the senior
veterinary officer, be requisite to attend to cattle on board. Such men
shall not be employed on any other duties during the voyage.

12. No cattle carried on board any Vessel shall be secured by the
nose, but all such cattle shall be tied by a halter of a length sufficient to
permit the animal to lie down, and of a strength sufficient to bear the
weight of the animal.

13. Every vessel carrying more than 10 head of cattle shall be
provided with secure footholds for the use of the cattle on board. and
shall be fitted with weather boards or other protection for such cattle
from sun and rain and sea, and with a sufficient number of pens. No pen
shall be constructed of bamboo. and no pen shall accommodate more
than 4 head of cattle (2 calves under 6 months being counted as one).
The pens shall be arranged so that the cattle stand athwartships and
shall be substantially constructed and securely fastened so as to stand
rough weather. The pens shall be cleansed at least once a day.

14. The senior veterinary officer, any health officer, any health
inspector and any police officer may board any vessel within the
territorial waters of the Colony at any time in order to ascertain whether
regulations 11 to 13 are complied with.

15. No vessel shall be permitted to carry more than 200 head of
cattle for export at any one time.

16. Each animal conveyed In any vessel shall, except as hereinafter
provided, have not less than 3 square metres of deck-space allotted.
Footholds shall be provided to prevent slipping, and the





animals shall stand athwartships and shall be secured by a hatter and
not be tied by the nose:

Provided that in the case of cattle under 2 years of age the deck-
space allotted shall be 3 square metres for every 2 such cattle.

Sheep and Goats

17. Sheep and goats shall be carried in any vessel in substantially
built pens containing not more than 40 in each pen. and 0,7 square
metre shall be allowed per head.

Pigs

18. (1) Not more than 40 pigs in ally, vessel shall be placed in

one pen. 0.7 square metre shall be allowed per head. 2 pi as each
under 40 kilograms live weight to count as one, 3 pigs each under 20
kilograms live weight to count as one.

(2) When carried in crates, a separate crate shall be assigned to
each pig. Every such crate shall be of sufficiently large dimensions to
hold the pig comfortably and shall also have a small enough mesh to
prevent the pi. from being injured. Crates shall be arranged in rows and,
if stacked, there shall be 2 layers or tiers only. Rows, if not single, shall
be 2 deep only. Crates shall be so arranged that all the pigs' heads in a
single row face the same %say. and in a double row face outwards. On
the side or sides of a row on which the pigs' heads face, an alleyway
shall be left, 450 millimetres wide, to allow food and water to be given.
All the crates in a row which is not stacked shall be securely fastened
together. In the case of a stacked row there shall be pairs of strong
upright posts, which may, be of a detachable type, of a height not less
than the top of the upper layer or tier, securely fastened to the deck and
supporting the row or stack. Such pairs of posts shall be fixed at each
end of the stack and at intervals of riot more than 5 crates in the stack's
length. Each pair of posts supporting a stack shall be securely fastened
together. Large flatbottomed boats shall be used for conveying pigs
across the harbour.

PoultrY

19. The baskets or crates in which poultry are carried are to be
supplied with mats or to be otherwise so constructed as to prevent the
poultry getting their legs through.

General

20. The Director of Marine may, and, if requested to do so by the
senior veterinary officer, shall, refuse to grant a port clearance

0

for any vessel on board of which the requirements of these regulations
have not been or are not being complied with.





PART 111

CONTRAVENTIONS AND PENALTIES

21. (1) Any person who contravenes regulations 2 to 19 shall
be liable to a fine of $2,000 or, in the case of a continuing offence, the
sum of $200 for every day during which the offence continues.

(2) The master of any vessel shall (in addition to the actual
offender) be deemed to be guilty of any contravention of the
regulations mentioned in paragraph (1) which may occur while he is
on board his ship and shall be liable to be proceeded against and
punished accordingly.
44 of 1935. Schedule. G.N. 557/47. G.N.A. 79/51. G.N.A. 125/60. L.N. 136/80. L.N. 60/81. L.N. 136/80. L.N. 136/80. L.N. 60/81. L.N. 136/80. L.N. 60/81. L.N. 136/80. L.N. 60/81. L.N. 136/80. L.N. 60/81. G.N.A. 79/51. G.N.A. 125/60. L.N. 136/80.

44 of 1935. Schedule. G.N. 557/47. G.N.A. 79/51. G.N.A. 125/60. L.N. 136/80. L.N. 60/81. L.N. 136/80. L.N. 136/80. L.N. 60/81. L.N. 136/80. L.N. 60/81. L.N. 136/80. L.N. 60/81. L.N. 136/80. L.N. 60/81. G.N.A. 79/51. G.N.A. 125/60. L.N. 136/80.

https://oelawhk.lib.hku.hk/items/show/2756

PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

LAWS OF HONG KONG

PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

CHAPTER 169





CHAPTER 169
PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

ARRANGEMENT OF SECTIONS

Section ..................Page

1. Short title ............................. ... ... ... ... ... ... ... 2
2. Interpretation ............................. ... ... ... ... ... ... ... 2

3. Penalty for cruelty to animals .......... ... ... ... ... ... ... ... 2

4. Power of arrests, seizure, entry and search... ... ... ... ... ... ... 3

5. Orders by magistrate .................... ... ... ... ... ... ... ... 4

6. Power to order destruction of animals ..... ... ... ... ... ... ... 5

7. Compensation not payable ............... ... ... ... ... ... ... ... 6
8. Power to make regulations .............. ... ... ... ... ... ... ... 6





CHAPTER 169

PREVENTION OF CRUELTY TO ANIMALS

To prohibit and punish cruelty to animals.

[29 November 1935.]

1. This Ordinance may be cited as the Prevention of Cruelty to
Animals Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'animal' includes any mammal, bird, reptile, amphibian, fish or any other
vertebrate or invertebrate whether wild or tame; (Replaced, 53 of
1979, s. 2)

'health inspector' has the meaning assigned by section 2 of the Public
Health and Urban Services Ordinance; (Added, 30 of 1960, Eight
Schedule)

'health office?' has the meaning assigned by section 3 of the
Interpretation and General Clauses Ordinance; (Added, 30 of 1960,
Eighth Schedule)

'senior veterinary office?' includes any veterinary officer authorized by
the Director of Agriculture and Fisheries to perform the duties of a
senior veterinary officer under this Ordinance; (Replaced, 53 of
1979, s. 2)

'vessel' includes any ship or boat or any other description of vessel
used in navigation.

(Amended, 30 of 1960, Eighth Schedule)

3. (1) Any person who-

(a)cruelly beats, kicks, ill-treats, over-rides, over-drives, overloads,
tortures, infuriates, or terrifies any animal, or causes or procures
or, being the owner, permits any animal to be so used, or, by
wantonly or unreasonably doing or omitting to do any act,
causes any unnecessary suffering or, being the owner, permits
any unnecessary suffering to be so caused to any animal; or

(b)being in charge of any animal in confinement or captivity or in
the course of transport from one place to another, neglects to
supply such animal with sufficient food and sufficient fresh
water; or

(c)conveys or carries, or causes or procures or, being the owner,
permits to be conveyed or carried, any animal in such a manner
or position or in a case, crate or basket of such construction or
such small dimensions as to subject it to unnecessary pain or
suffering; or





(d)loads any animal into or discharges any animal from any vessel
or railway truck on to another vessel or railway truck or on to a
wharf or on to the shore, or on to any platform in such a way or
with such appliances as to subject such animal to needless or
avoidable suffering; or

(e)causes, procures or assists at the fighting or baiting of any
animal, or keeps, uses, manages, or acts or assists in the
management of any premises or place for the purpose, or partly
for the purpose, of fighting or baiting any animal, or permits
any premises or place to be so kept, managed or used, or
receives, or causes or procures any person to receive, money
for the admission of any person to such premises or place; or

employs, or causes or procures or, being the owner, permits to
be employed, in any work or labour any animal which, in
consequence of any disease, infirmity, wound or sore, or
otherwise, is unfit to be so employed; or

(g)brings into the Colony, or drives, carries, transports, removes,
or has or keeps, or knowingly suffers to be had or kept under
his control or on his premises, any animal in any way which
may cause it needless or avoidable suffering,

shall be liable on summary conviction to a fine of $5,000 and to
imprisonment for 6 months. (Amended, 22 of 1950, Schedule and 53 of
1979, s. 3)

(2) For the purposes of this section, an owner shall be deemed to
have permitted cruelty if he shall have failed to exercise reasonable care
and supervision in respect of the protection of the animal thereform:

Provided that where an owner is convicted of permitting cruelty
within the meaning of this Ordinance by reason only of his having failed
to exercise such care and supervision, he shall not be liable to
imprisonment without the option of a fine.

(3) Nothing in this section shall apply to the commission or
omission of any act in the course of the destruction, or the preparation
for destruction, of any animal as food for mankind, unless such
destruction or such preparation was accompanied by the infliction of
unnecessary suffering.

4. (1) Any senior veterinary officer, any other officer of the
Agriculture and Fisheries Department of the grade of Field Officer II and
above and authorized in writing by the Director of Agriculture and
Fisheries, health officer, health inspector or police officer may arrest
without warrant any person who he has reason to believe is guilty of an
offence against section 3 or against any regulation under this Ordinance,
whether upon his own view thereof or upon the complaint and
information of any other person. Any such other person shall declare his
name and place of abode to any such officer

or inspector. (Amended, 53 ol 1979, s. 4)





(IA)(a) Any person (hereinafter referred to as an arrested person)
who is arrested under this section by a person other than a
police officer, shall forthwith be taken to the nearest police
station or given into the custody of a police officer.

(b)Whenever an arrested person is brought to a police station the
provisions of section 52 of the Police Force Ordinance shall
apply.

(c)Whenever an arrested person is given into the custody of a
police officer the provisions of sections 51 and 52 of the Police
Force Ordinance shall apply.

(Added, 53 of 1979, s. 4)

(2) Any animal, conveyance or article concerning or by which any
such offence has been committed may be seized by any such officer or
inspector and taken to a police station or to any convenient place, and
there kept, unless given up sooner by order of a magistrate, until the
charge is decided in due course of law.

(3) Any such officer or inspector may stop in any street or public
place and examine any animal in respect of which he suspects that an
offence has been committed under section 3.

(4) Any senior veterinary officer, health officer, health inspector or
police officer may enter and search any building, vehicle, train, tram,
aircraft or vessel in or on board which such officer or inspector may
have reason to suspect that any offence against any of the provisions
of this Ordinance or of any regulation made thereunder is being or has
been committed. (Amended, 53 of 1979, s. 4)

(Amended, 30 of 1960, Eighth Schedule)

5. (1) When any person has been convicted of an offence under
section 3 or of any regulations made under this Ordinance, the
magistrate may order that any animal in respect of which the offence has
been committed

(a) shall not be used; or

(b)shall be removed to and detained in such place and for such
time as is stated in the order.

(2) Any order that an animal shall not be used or shall be detained
in any place may, instead of stating any period of time, direct that the
animal shall not be used or shall be detained until it recovers, and such
animal shall not be used or shall be detained, as the case may be, until a
senior veterinary officer certifies in writing that it may properly be used
or released.

(2A) (a) If the owner of any animal is convicted of an offence under
section 3 the magistrate may, in addition to any other penalty
or order he may impose or make, make an order depriving such
owner of the ownership of the animal and may make such
order as to the disposal of the animal as he may think fit.





(b)No order shall be made under paragraph (a) unless it is shown
by evidence as to a previous conviction or as to the character
of the owner that the animal, if left with the owner, is likely to be
exposed to further cruelty.

(Added, 53 of 1979, s. 5)

(3) If any animal has been taken to any place in pursuance of an
order made under this section any person who has been convicted of an
offence in respect of such animal shall be liable to pay the prescribed
fees for its maintenance and treatment for so long as it shall remain
therein, and such fees may be recovered as a fine:

Provided that, if the owner of any such animal shall request the
officer in charge of the animal to destroy it, such officer shall forthwith
cause the animal to be destroyed, and no fees shall be payable in
respect of the maintenance or treatment of such animal for any time
subsequent to such request.

(4) Any person who acts in contravention of any order made under
this section shall be liable on summary conviction to a fine of $5,000 and
to imprisonment for 6 months. (Amended, 22 of 1950, Schedule and 53
of 1979, s. 5)

6. Any magistrate, senior veterinary officer, health officer, health
inspector, government medical officer, or police officer not below the
rank of inspector who has satisfied himself by personal inspection

(a)that an animal is so severely injured that it is cruel to keep the
animal alive; or

(b)that an animal is so severely injured or in such a physical
condition that in his opinion, having regard to the means
available for removing the animal, there is no possibility of
removing it without cruelty and that it is cruel to keep it alive; or

(c)that an animal, whether injured or otherwise, is trapped in such
a position as to render it impracticable to effect a rescue and it
is contrary to public health or safety to keep it alive or where an
animal is trapped in such a position that there is no possibility
of removing it without cruelty and it is cruel to keep it alive,
(Added, 53 of 1979, s. 6)

may by order in writing direct such animal to be destroyed, and such
order may forthwith be carried out by or under the direction of such
officer or inspector or of any police officer:

Provided that if any such animal is in any house, stable, shed or
enclosure proper for such animal and not in a street, or other public
place, no such order shall be made until the owner of the animal (if
present) or the person in charge thereof (if any) has been informed of the
state of the animal.

(Amended, 30 of 1960, Eighth Schedule)





7. No compensation shall be payable to any person in respect of the
destruction of any animal in pursuance of an order made under section 6,
or in compliance with a request as provided in section 5(3), by any
person professing to be the owner of such animal, provided in the latter
case that the officer in charge of the animal in good faith believed that
the person making the request was in fact the owner.

8. (1) For the purpose of preventing cruelty the Governor in
Council may make regulations prescribing the conditions under which
animals may be kept in confinement in any place, vessel, train, tram,
aircraft or vehicle, including the licensing, construction and proper
sanitary maintenance of any such place and may by such regulations
prescribe offences and penalties therefor:

Provided that no penalty so prescribed shall exceed the sum of
$2,000 or in the case of a continuing offence the sum of $200 for every
day during which the offence continues.

(Amended, 16 of 1939, s. 2; 22 of 1950, Schedule and 53 of
1979,s.7)

(2) The master of any vessel shall (in addition to the actual
offender) be deemed to be guilty of any contravention of any regulation
which may occur while he is on board his ship and shall be liable to be
proceeded against and punished accordingly.
Originally 44 of 1935. (Cap. 169, 1950.) 16 of 1939. 22 of 1950. 30 of 1960. 53 of 1979. Short title. Interpretation. (Cap. 132.) (Cap. 1.) Penalty for cruelty to animals. Power of arrests, seizure, entry and search. (Cap. 232.) Orders by magistrate. 1911 c. 27, s. 3. Power to order destruction of animals. Compensation not payable. Power to make regulations.

Originally 44 of 1935. (Cap. 169, 1950.) 16 of 1939. 22 of 1950. 30 of 1960. 53 of 1979. Short title. Interpretation. (Cap. 132.) (Cap. 1.) Penalty for cruelty to animals. Power of arrests, seizure, entry and search. (Cap. 232.) Orders by magistrate. 1911 c. 27, s. 3. Power to order destruction of animals. Compensation not payable. Power to make regulations.

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POUNDS FEES REGULATIONS

POUNDS FEES REGULATIONS

(Cap. 168, section 3)

[29th December, 1911.1

1. These regulations may be cited as the Pounds Fees Regulations.

2. The following fees are prescribed

(a) for every horse, mule, donkey, buffalo or ox ... $ 10.00

(b) for every sheep, goat, pig or cat $ 5.00
(c) for every fowl, turkey, duck, goose or other bird $ 2.00
(d) for any animal not specified in paragraph (a),
(b), or (c), not being a dog-
(i) weighing less than 10 kg . .$ 20.00
(ii) weighing 10 kg. or more ...$100.00
G.N. 402/11. L.N. 305/76. Citation. Fees. L.N. 305/76.

G.N. 402/11. L.N. 305/76. Citation. Fees. L.N. 305/76.

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POUNDS ORDINANCE ORDINANCE

LAWS OF HONG KONG

POUNDS ORDINANCE

CHAPTER 168





CHAPTER 168

POUNDS

Tomake provision for impounding stray animals and for the disposal
thereof.

[I st December, 1911.1

1. This Ordinance may be cited as the Pounds Ordinance.

(Amended, 5 of 1924, s. 6)

1A. In this Ordinance, unless the context otherwise requires-

'Director' means the Director of Agriculture and Fisheries, the Deputy
Director of Agriculture and Fisheries and any Assistant Director of
Agriculture and Fisheries;

,.officer' means-

(a)any officer of the Agriculture and Fisheries Department
authorized in writing for the purposes of this Ordinance by the
Director; and

(b) any police officer.

(Added, 3 of 1977, s. 2)

2. Any animal found at large without any person having the charge
thereof, and which in the opinion of any officer appears to have been
lost or to be doing damage, may be seized by such officer and
impounded in any convenient place, and may be detained therein until
the owner thereof has paid to the Director the reasonable expenses of
impounding and keeping such animal, together with the pound fee.

(Amended, 50 of 1911 51 of 1911; 16 of 1912, Schedule;
17 of 1912, Schedule, 33 of 1939, Schedule, and 3 of 1977,
s.3)

3. The Governor in Council may by regulation provide for pound
fees for animals generally or for any particular class of animal.

(Amended, 51 of 1911; 17 of 1912, Schedule, and 43 of 1912,
Supp. Schedule, G.N. 246113, and 3 qf 1977, s. 4)

4. (1) If the said expenses and pound fee be not paid within 3 days
after such impounding, notice of the intention to sell the animal shall be
published in the Gazette.





(2) If the expenses of impounding and keeping the animal
and of the publication in the Gazette and the pound fee are not
paid within 7 days after the said publication, it shall be lawful for
the Director to cause the animal to be sold either by private treaty
or by public auction as he may think fit, and the purchaser thereof
shall acquire a good title. If the animal is unsaleable, or if in the
opinion of the Director it is an unsaleable animal, it may be destroyed
or otherwise disposed of as he may direct. (Amended, 51 of 1911;
17 of 1912, Schedule and 43 of 1912, Supp. Schedule, G.N. 246113,
and 3 of 1977, s. 5)

(3) The money arising from such sale, after deducting the
above-mentioned expenses and fee and the expenses of the sale,
shall be paid on demand to the owner of the animal:

Provided that if such demand is not made within 1 month after
the sale all right to make it shall cease and the money shall be paid
into the general revenue. (Amended, 50 of 1911; 21 of 1912, s. 2)

5. Any person who releases or attempts to release any
animal from any place where it has been impounded, or who pulls
down, damages or destroys such place or any part thereof with
intent to procure the release of such animal, shall be liable on
summary conviction to a fine of $1,000 and to imprisonment for
6 months.
(Amended, 3 of 1977, s. 6)
Originally 54 of 1911. (Cap. 168, 1950.) 50 of 1911. 51 of 1911. 16 of 1912. 17 of 1912. 21 of 1912. 43 of 1912. 5 of 1924. 18 of 1929. 25 of 1937. 33 of 1939. 3 of 1977. Short title. Interpretation. Impounding stray animal. [cf. 1847 c. 89, s. 24.] Pound fees. Power to sell impounded animals. [cf. 1847 c. 89, s. 25.] Pound breach. [cf. 1847 c. 89, s. 26.]

Originally 54 of 1911. (Cap. 168, 1950.) 50 of 1911. 51 of 1911. 16 of 1912. 17 of 1912. 21 of 1912. 43 of 1912. 5 of 1924. 18 of 1929. 25 of 1937. 33 of 1939. 3 of 1977. Short title. Interpretation. Impounding stray animal. [cf. 1847 c. 89, s. 24.] Pound fees. Power to sell impounded animals. [cf. 1847 c. 89, s. 25.] Pound breach. [cf. 1847 c. 89, s. 26.]

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DECLARATION OF APPROVED OBSERVATION KENNELS AND QUARANTINE STATIONS NOTICE

DECLARATION OF APPROVED OBSERVATION
KENNELS AND QUARANTINE STATIONS NOTICE

(Dogs and Cats Regulations, regulation 2)

1. This notice may be cited as the Declaration of Approved
Observation Kennels and Quarantine Stations Notice.

2. The places specified in Part 1 of the Schedule are declared to be
places in which dogs or cats may be kept for observation for the
purposes of the Ordinance and the regulations.

3. The places specified in Part 11 of the Schedule are set apart for
the quarantine of dogs or cats.

SCHEDULE [para. 2 3.]

PART I

Approved Observation Kennels
(a) Sung Wong Toi Road Government Kennels
(b) Sha Tin Government Kennels, New Territories
(c) Shek Wu Hui Government Kennels, New Territories
(d) Victoria Road Government Kennels

PART II

Quarantine Stations
(a) Sung Wong Toi Road Government Kennels
(b) Pokfulam Quarantine Kennels, Victoria Road
(c) Victoria Road Government Kennels
(d) A.F.D. Airport Animal Hostel, Kai Tak
L.N. 290/86. Citation. Declaration of approved observation kennels. Schedule. Setting apart of quarantine stations. Schedule.

L.N. 290/86. Citation. Declaration of approved observation kennels. Schedule. Setting apart of quarantine stations. Schedule.

https://oelawhk.lib.hku.hk/items/show/2752

DOGS AND CATS (FEES) ORDER

DOGS AND CATS (FEES) ORDER
(Cap. 167, section 4)
[15 July 19881

L.N. 186188

Citation

1. This order may be cited as the Dogs and Cats (Fees) Order.

Interpretation

2. In this order, 'Regulations' means the Dogs and Cats Regulations (Cap. 167,
sub. leg.).

Detention fees

3. (1) Subject to sub-paragraph (2), the fees specified in the Schedule shall be
payable in respect of the detention of any dog or cat under the Ordinance in an
observation kennel, a quarantine station or any other place.

(2) No fee shall be payable under this paragraph-

(a)in respect of a dog or cat which is destroyed following its detention in an
observation kennel under regulation 9 of the Regulations;

(b)in respect of a dog which is destroyed in accordance with regulation 19(4)
of the Regulations;

(c)in respect of a dog or cat in relation to which a report has been made
under regulation 10 of the Regulations.

SCHEDULE [para. 3(1)]

1 Detention of a dog under regulation 9(2) of the Regulations .... $65 for each day during the
first 7 days of detention and
thereafter $20 for each day
of detention or part thereof.

2...............................Detention of a cat under regulation 9(2) of the Regulations $25 for each day during the
...............................first 7 days of detention and
...............................thereafter 510 for each day
...............................of detention or part thereof.
3...............................Detention of a dog under regulation 18 of the Regulations $25 for each day of
...............................detention or part thereof.
4...............................Detention of a cat under regulation 18 of the Regulations $10 for each day of
...............................detention or part thereof.
5...............................Detention of a dog under regulation 19(4) of the Regulations 5290 for any period of
...............................detention.

https://oelawhk.lib.hku.hk/items/show/2751

DOGS AND CATS REGULATIONS

DOGS AND CATS REGULATIONS

ARRAGEMENT OF REGULATIONS

Regulation page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

3. Dogs to be licensed ... ... ... ... ... ... ... ... ... ... ... ... A 2

4. Fees for dog licences ... ... ... ... ... ... ... ... ... ... ... ... A 3

5. Issue and validity of licences ... ... ... ... ... ... ... ... ... ... A 3

6. Dogs to be inoculated once every 3 years ... ... ... ... ... ... ... A 3

7. No dog licence unless dog is tattooed ... ... ... ... ... ... ... ... A 3

8. Inoculated dogs to be tattooed ... ... ... ... ... 1 . ... ... ... A 3

9. Dog and cat bites to be reported to police ... ... ... ... ... ... ... A 3

10. Duty to report to police rabies or suspected rabies of dog or cat ... ... A 4

11. Duty in cases of suspected rabies ... ... ... ... ... ... ... ... ... A 4

12. Importation of dog or cat without veterinary officer's permit prohibited ... A 4

13. Certain certificate required before issue of import permit ... ... ... ... A 4

14. Veterinary officer may dispense with certificate in certain cases ... ... A 4

15. Duty to report arrival of dog or cat in waters of Colony ... ... ... ... A 4

16. Duty of master to call for quarantine or import permit ... ... ... ... A 5

17. Duty of owners, charterers, agents and captain in the event of dogs and

cats arriving by aircraft ... ... ... ... ... ... ... ... ... ... AS

18. Dogs and cats to go to quarantine station when permit issued ... ... ... AS

19. Dogs not to be allowed out except under control, absolute liability of

owner ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5

20. Discretion of veterinary officer ... ... ... ... ... ... ... ... ... AS

21. Veterinary officer may impose conditions ... ... ... ... ... ... ... A6

22. Slaughter of dog or cat for food probibited. Onus of proof ... ... ... A 6

23. Penalty ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 6

Schedule.................................... ... ... ... ... ... ... ... ... ... A6





DOGS AND CATS REGULATIONS
(Cap. 167, section 3)

[13th January, 1950.]

1. These regulations may be cited as the Dogs and Cats
Regulations.

2. In these regulations, unless the context otherwise requires

'approved observation kennels' means any place which the Governor
has by notification in the Gazette declared to be a place in which
dogs or cats may be kept for observation for the purposes of the
Ordinance and these regulations;

'licensing authority' means the Director;

'local vessel' includes any vessel from time to time in the waters of the
Colony other than ocean going ships and includes ocean going
ships if travelling exclusively between Hong Kong and ports in
China;

'quarantine station' means any place for the time being set apart under
the direction of the Governor for the quarantine of dogs or cats;

'quarantine permit' means a permit by the veterinary officer solely for
the purposes of enabling a dog or cat which is to be or which has
been imported into the Colony to be taken to a quarantine station;



'Secretary for the New Territories' has the meaning
assigned to it
by the New Territories Ordinance;

'urban areas of the New Territories' means the several areas
specified in the Schedule and as regards each particular area
means such area as delimited on a plan thereof deposited in
the office of the Secretary for the New Territories and identified
by the words 'urban areapurpoes of the Dogs and
Cats Regulations' together with the signature of the Secretary
for the New Territories.

3. No person shall keep a dog over the age of 5 months except
under and in accordance with a licence from the licensing authority:

Provided that this regulation shall not apply to any dog under the
temporary care of the Society for the Prevention of Cruelty to Animals or
any other body recognized and approved by the licensing authority.





4. (1) Subjects to paragraph (2), the licence fee for each dog shall be
$15.

(2) No licence fee shall be payable in respect of any dog belonging
to the Government or Her Majesty's armed forces.

5. (1) Where, before the commencement of this regulation, a valid
licence exists in respect of a dog, the licence shall be deemed to have
been issued on the first day of the month next following that during
which the inoculation of the dog took place in accordance with
regulation 6 and shall be valid for a period of 3 years from that day.

(2) Where, after the commencement of this regulation, a dog is
inoculated in accordance with section 6 a licence shall be issued in
respect of that dog and shall be valid for a period of 3 years from the first
day of the month next following that during which the inoculation took
place.

6. (1) The owner or person having custody, care or control of any
dog shall cause the dog to be inoculated against rabies at the age of 5
months and thereafter at intervals not exceeding 3 years.

(2) Inoculation shall be carried out by or under the direction of such
persons or classes of person as the licensing authority shall notify in
the Gazette.

7. (1) No licence shall be issued in respect of any dog unless the
issuing officer is satisfied that an car of such dog bears a decipherable
tattooed mark or number made in accordance with regulation 8 within the
3 years prior to the issue of such licence.

(2) In this regulation, 'issuing officer' means any person appointed
by the licensing authority for the purpose of this regulation.

8. (1) On the inner surface of one ear of any dog inoculated in
accordance with regulation 6, there shall be indelibly tattooed a mark or
number referring to the month and year during which the inoculation
took place.

(2) No person other than a person authorized by the licensing
authority shall tattoo any mark or number on any dog.

9. (1) Any person having the custody, control or care of any dog or
cat which has bitten any person shall report the fact to the nearest police
station without delay and a police officer shall forthwith remove such
dog or cat to an approved observation kennel.

(2) Any such dog or cat shall be detained in an approved
observation kennel for such period as a veterinary officer may decide.





10. Any person having the custody, control or care of any dog or
cat which has or may reasonably be suspected of having rabies, or of
any dog or cat which has been or may reasonably be suspected of
having been in contact with any case of rabies or suspected rabies, shall
report the fact to the nearest police station without delay.

11. Any person having the custody, control or care of any dog or
cat which has or is suspected of having rabies, or which is suspected of
having been in contact with a case of rabies or suspected rabies, shall
comply with all the requirements of the veterinary officer with regard
thereto.

12. No owner or person having the custody, control or care of any
dog or cat shall allow such dog or cat to be imported into the Colony, or
if already so imported by water, to be landed in the Colony, or if already
so imported by the Kowloon-Canton Railway, to be removed from the
premises of the railway, or if already so imported by air to be removed
from the airport, until he has received from the veterinary officer either a
permit to import or a quarantine permit.

13. Subject to the provisions of regulation 14, no permit to import
may be issued except on the production to the veterinary officer of

(a)a certificate to the satisfaction of the veterinary officer, dated
not more than 2 months before the dog or cat is imported or
brought into the Colony, from a duly qualified veterinary
surgeon or a medical officer of health or a British consular
authority, that for a period of 6 months immediately prior to the
date of such certificate no case of rabies has been known to
occur in any district in which such dog or cat has been; and

(b)in the case of a dog or cat imported by water, a statutory
declaration by the master of the vessel by which such dog or
cat has been imported, or by the owner if he has travelled on
the vessel with the dog or cat, that no case of rabies has
occurred on board the vessel during the voyage.

14. The veterinary officer may in his discretion, on being satisfied
that no case of rabies has occurred in the place or places where such
dog or cat has been during the period of 6 months immediately
preceding such importation, or that there is no reasonable fear of such
dog or cat having been in contact with rabies, dispense with the
certificate referred to in regulation 13(a).

15. The owners, charterers or agents of any vessel which arrives in
the waters of the Colony having on board any dog or cat consigned to
or intended for any person in the Colony shall report the arrival of such
dog or cat forthwith to the veterinary officer, giving the





name and address of the owner or consignee of such dog or cat and the
description of such dog or cat.

16. The master of any such vessel which arrives in the waters of the
Colony shall not permit any dog or cat to be removed from such vessel
until there has been produced to him a permit to import or a quarantine
permit issued by the veterinary officer in respect of such dog or cat.

17. The owners, charterers or agents of any aircraft and the captain
of any aircraft landing in the Colony shall not permit any dog or cat to be
removed from such aircraft except to a place of safe custody provided by
such owners, charterers, agents or captain within the airport until there
has been produced to him or them a permit to import or a quarantine
permit issued by the veterinary officer in respect of such dog or cat.

18. The owner or person having the custody, control or care of any
dog or cat in respect of which he has received a quarantine permit shall
at his own expense immediately after receiving such permit take such
dog or cat to a quarantine station to be detained there for such period as
the veterinary officer may prescribe.

19. (1) No dog shall be allowed to go abroad on a public
thoroughfare or on any premises abutting on any thoroughfare which
are not so enclosed as to confine such dog within the enclosed area
unless it is on the lead or is otherwise under control.

(2) A breach of this regulation shall be deemed to have occurred if
any dog is abroad as aforesaid and is not on the lead or otherwise under
control or if a dog bites any person or any other dog at a time when, and
at place at which, it is required by this regulation to be on a lead or
otherwise under control.

(3) In every such case the owner of such dog or, if the owner is
absent from the Colony, the person having the custody or care of such
dog shall be guilty of such breach, notwithstanding that such breach
occurred without his knowledge or without any default on his part and,
in the case of a dog biting a person or another dog, notwithstanding any
proof that the dog was on a lead or was otherwise under control.

(4) Any police officer or person authorized by the licensing
authority may detain any dog which is not on the lead or otherwise
under control in accordance with this regulation and may, if the dog is
not claimed by its owner or his agent within 4 days of the day on which
it was detained, destroy the dog.

20. The veterinary officer shall have absolute discretion to refuse
any permit or permission which he is authorized by these regulations to
issue or give.





21. It shall be lawful for the veterinary officer to attach any
conditions whatsoever to any permit or permission issued or given by
him under these regulations.

22. (1) No person shall slaughter any dog or cat for use as food
whether for mankind or otherwise.

(2) No person shall sell or use or permit the sale or use of the flesh
of dogs and cats for food.

(3) Any person who is found in possession of the carcass of any
dog or cat or any part thereof in such circumstances as would
reasonably give rise to a belief that such dog or cat was being or had
been slaughtered or sold or used for food in breach of this regulation
shall be guilty of an offence against paragraph (1) or (2), as the case may
be, unless he is able to satisfy a magistrate that he has not in fact
committed any breach of paragraph (1) or (2), as the case may be.

23. Any person who contravenes regulation 3, 6(1), 8(2), 9(1), 10, 11,
12, 15, 16, 17, 18, 19, or 22(1) or (2) shall be liable to a fine of $5,000 and to
imprisonment for 6 months.

SCHEDULE

Cheung Chau Tai Po
Tai 0 Sha Tin
Yuen Long Sai Kung
Shek Wu Hui Tsuen Wan
Sha Tau Kok Luen Wo Market
Town
G.N.A. 10/50. G.N.A. 34/50. G.N.A. 79/51. G.N.A. 107/51. G.N.A. 71/52. G.N.A. 1/53. G.N.A. 158/54. G.N.A. 46/55. G.N.A. 48/56. G.N.A. 56/56. G.N.A. 72/57. G.N.A. 53/61. L.N. 190/67. L.N. 134/70. L.N. 94/74. L.N. 198/74. L.N. 37/78. L.N. 289/78. Citation. Interpretation. G.N.A. 56/56. L.N. 94/74. (Cap. 97.) Schedule. Dogs to be licensed. L.N. 37/78. Fees for dog licences. L.N. 37/78. Issue and validity of licences. L.N. 37/78. L.N. 189/78. Dogs to be inoculated once every 3 years. G.N.A. 46/55. L.N. 190/67. L.N. 37/78. No dog licence unless dog is tattooed. G.N.A. 46/55. L.N. 37/78. Inoculated dogs to be tattooed. G.N.A. 46/55. L.N. 190/67. Dog and cat bites to be reported to police. Duty to report to police rabies or suspected rabies of dog or cat. Duty in cases of suspected rabies. Importation of dog or cat without veterinary officer's permit prohibited. Certain certificate required before issue of import permit. Veterinary officer may dispense with certificate in certain cases. Duty to report arrival of dog or cat in waters of Colony. Duty of master to call for quarantine or import permit. Duty of owners, characters, agents and captain in the event of dogs and cats arriving by aircraft. Dogs and cats to go to quarantine station when permit issued. Dogs not to be allowed out except under control, absolute liability of owner. G.N.A. 158/54. L.N. 190/67. L.N. 134/70. Discretion of veterinary officer. Veterinary officer may impose conditions. Slaughter of dog or cat for food prohibited. Onue of proof. Penalty. G.N.A. 79/51. G.N.A. 34/50.

G.N.A. 10/50. G.N.A. 34/50. G.N.A. 79/51. G.N.A. 107/51. G.N.A. 71/52. G.N.A. 1/53. G.N.A. 158/54. G.N.A. 46/55. G.N.A. 48/56. G.N.A. 56/56. G.N.A. 72/57. G.N.A. 53/61. L.N. 190/67. L.N. 134/70. L.N. 94/74. L.N. 198/74. L.N. 37/78. L.N. 289/78. Citation. Interpretation. G.N.A. 56/56. L.N. 94/74. (Cap. 97.) Schedule. Dogs to be licensed. L.N. 37/78. Fees for dog licences. L.N. 37/78. Issue and validity of licences. L.N. 37/78. L.N. 189/78. Dogs to be inoculated once every 3 years. G.N.A. 46/55. L.N. 190/67. L.N. 37/78. No dog licence unless dog is tattooed. G.N.A. 46/55. L.N. 37/78. Inoculated dogs to be tattooed. G.N.A. 46/55. L.N. 190/67. Dog and cat bites to be reported to police. Duty to report to police rabies or suspected rabies of dog or cat. Duty in cases of suspected rabies. Importation of dog or cat without veterinary officer's permit prohibited. Certain certificate required before issue of import permit. Veterinary officer may dispense with certificate in certain cases. Duty to report arrival of dog or cat in waters of Colony. Duty of master to call for quarantine or import permit. Duty of owners, characters, agents and captain in the event of dogs and cats arriving by aircraft. Dogs and cats to go to quarantine station when permit issued. Dogs not to be allowed out except under control, absolute liability of owner. G.N.A. 158/54. L.N. 190/67. L.N. 134/70. Discretion of veterinary officer. Veterinary officer may impose conditions. Slaughter of dog or cat for food prohibited. Onue of proof. Penalty. G.N.A. 79/51. G.N.A. 34/50.

https://oelawhk.lib.hku.hk/items/show/2750

DOGS AND CATS ORDINANCE

LAWS OF HONG KONG

DOGS AND CATS ORDINANCE

CHAPTER 167





CHAPTER 167.

DOGS AND CATS.

To regulate the keeping and control of dogs and cats and to provide
for the supression of rabies.

[6th January, 1950.1

1. This Ordinance may be cited as the Dogs and Cats Ordinance.

2. In this Ordinance, unless the context otherwise requires

'cat' includes the male and female animal of any age;

'Director' means the Director of Agriculture and Fisheries;

(Added, 18 of 1956, s. 2)

'dog' includes the male and female animal of any age;

'New Territories' does not include New Kowloon;

'vessel' includes any kind of water-borne craft;

'veterinary officer' includes the senior veterinary officer and any
veterinary officer appointed by the Governor to perform the duties
of a veterinary officer and also any veterinary surgeon for the time
being performing the duties of the senior veterinary officer or a
veterinary officer.

3. (1) The Governor in Council may by regulation provide

for

(a)controlling dogs and cats and their importation, movement,
slaughter and sale, and for the prohibition of the sale of the
flesh of dogs and cats;

(b) licensing dogs;

(c)authorizing the inspection, seizure, detention, destruction or
other disposition of dogs and cats and their carcases;

(d)the prevention and control, whether by inoculation,
disinfection or otherwise of rabies or the spreading of rabies;

(e) regulating dogs' or cats' homes and dog or cat shows;

(f)the fees payable on the grant or renewal of any licence or
permit under this Ordinance; (Replaced, 61 of 1967, s. 3)

(g)the recovery by Government or by any authority of expenses
incurred in enforcing or otherwise in connexion with the
regulations.





(2) It is hereby declared that any regulation made hereunder may
provide

(a)that an offence against the regulations shall be deemed to have
been committed, notwithstanding that there has been no guilty
intent or knowledge or negligence on the part of the person
charged;

(b)that the burden of proof shall in any particular case lie upon the
person charged;

(c)generally, as to the circumstances in which an offence against
the regulations shall be committed or deemed to have been
committed;

(d)that any licence, permit or authority issued under such
regulations shall be issued subject to such conditions as an
officer or person specified in the regulations shall impose.

(Amended, 61 of 1967, s. 3)

4. (1) The Governor may by order published in the Gazette prescribe
the fees payable in any of the following cases

(a)for the inoculation of any dog in accordance with this
Ordinance by a public officer;

(b)in respect of the detention of any dog or cat under this
Ordinance in an observation kennel, a quarantine station or any
other place.

(2) Any inoculation fee payable pursuant to an order under
subsection (1) shall be payable on demand.

(3) Any fees, other than inoculation fees, payable in respect of any
dog or cat pursuant to an order under subsection (1) shall be payable on
demand and any such fees unpaid at the time a dog or cat comes to be
removed from an observation kennel, a quarantine station or other place
in which it has been detained under this Ordinance shall be paid before
the dog or cat is removed.

(4) If a dog or cat which has been detained under this Ordinance in
an observation kennl or quarantine station is not removed therefrom
within seven days after the expiry of the observation or quarantine
period decided or prescribed under this Ordinance, a veterinary officer
may cause the dog or cat to be destroyed, sold or otherwise disposed of.

(5) Where a dog or cat is sold under subsection (4), a veterinary
officer may deduct from the proceeds of sale any fees payable in respect
of the dog or cat pursuant to an order under subsection (1) and shall pay
the balance thereof to the person by whom the dog or cat was owned at
the time it was sold or to some person on his behalf.

(Added, 61 of 1967, s. 4)





5. (1) If it appears to a magistrate on complaint that any dog is
dangerous and is not kept under proper control, the magistrate may
make an order that the said dog be either destroyed or kept under proper
control.

(2) Such order may be made either against the owner or against any
person appearing to have the custody, control or care of the dog.

(3) If the person against whom the order is made fails to
comply therewith he shall be liable to a fine of fifty dollars for
every day on which he fails to comply therewith.

6. (1) Any police officer, or any officer of the Agriculture and
Fisheries Department authorized in writing for the purposes of this
section by the Director, may

(a)subject to subsection (4), enter and search any premises or
place, or board and search any vessel or aircraft, in which he
has reason to believe there is

(i) a rabid dog or cat or a dog or cat which may be rabid;

(ii) a dog or cat which has been or may have been in contact
with a rabid dog or cat or a dog or cat which may be rabid;

(iii) a dog or cat which has bitten any person;

(iv) evidence of a contravention of any provision of this
Ordinance relating to the importation, movement or slaughter
of dogs or cats or the sale or use of the flesh of dogs or cats;

(b) seize, shoot or otherwise destroy-

(i) any dog or cat which appears to him to be rabid or
suffering from any other infectious disease; or

(ii) any dog which appears to him to be neither licensed nor
under the control of any person;

(c)inspect, seize, remove and detain any dog or cat in respect of
which it appears to him that any provision of this Ordinance
relating to the importation of dogs or cats has been
contravened;

(d)inspect, seize, remove and detain the carcase or flesh of any
dog or cat which it appears to him has been slaughtered, sold
or used in contravention of any provision of this Ordinance.

(2) Any police officer or any officer of the Agriculture and Fisheries
Department may

(a)break open any outer or inner door of any premises or place
which he is empowered to enter and search by or under this
section;





(b)forcibly enter any vessel or aircraft which he is empowered by
this section to board and search;

(c)detain any person found in any such premises or place or on
board any such vessel or aircraft until the same has been
searched;

(d)remove by force any person or thing obstructing any search,
inspection, seizure, removal or detention which he is
empowered by or under this section to make.

(3) If a veterinary officer has reason to believe that a dog or cat has
been or may have been in contact with a rabid dog or cat or a dog or cat
which may be rabid, he may shoot or otherwise destroy the dog or cat or
cause the same to be shot or otherwise destroyed.

(4) No premises or place used solely for dwelling purposes shall be
entered or searched under sub-paragraph (iv) of paragraph (a) of
subsection (1) except pursuant to the warrant of a magistrate issued
under subsection (5).

(5) If a magistrate is satisfied by information on oath that any police
officer, or any officer of the Agriculture and Fisheries Department
authorized in writing for the purposes of this section by the Director, has
reason to believe that there is in any premises or place used solely for
dwelling purposes evidence of a contravention of any provision of this
Ordinance relating to the importation, movement or slaughter of dogs or
cats or the sale or use of the flesh of dogs or cats, he may issue a
warrant authorizing any police officer, or any officer of the Agriculture
and Fisheries Department authorized in writing for the purposes of this
section by the Director, to enter and search such premises or place.

(Replaced, 61 of 1967, s. 5)

7. Any person who obstructs any detention, arrest, search, seizure,
removal, killing or destruction authorized by or under this Ordinance
shall be guilty of an offence and shall be liable to a fine of one
thousand dollars and to imprisonment for six months.
Originally 1 of 1950. (Cap. 167, 1950.) 18 of 1956. 61 of 1967. Short title. Interpretation. Regulations. Governor to prescribe certain fees, etc. Dangerous dogs. [cf. 34 & 35 Vict. c. 56, s. 2.] Powers of police officers and authorized officers. Prohibition of obstruction to detention, etc.

Originally 1 of 1950. (Cap. 167, 1950.) 18 of 1956. 61 of 1967. Short title. Interpretation. Regulations. Governor to prescribe certain fees, etc. Dangerous dogs. [cf. 34 & 35 Vict. c. 56, s. 2.] Powers of police officers and authorized officers. Prohibition of obstruction to detention, etc.

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PAWNBROKERS REGULATIONS

PAWNBROKERS REGULATIONS

(Cap. 166, section 26)

[24 August 1984.1

1. These regulations may be cited as the Pawnbrokers Regula-
tions.

2. A form prescribed by these regulations shall be corn-
pleted-

(a)in accordance with any directions specified in the form;
and

(b)if an application form, in the English language, or in both
the English and the Chinese languages.

3. (1) An application to obtain or renew a licence under
section 5 of the Ordinance shall be in Form 1 in the First Schedule.

(2) A licence shall be renewed by replacement of the expiring
licence.

(3) A licence shall be in Form 2 in the First Schedule.

4. The general book to be kept by a pawnbroker under
section 12(1) of the Ordinance shall be in Form 3 in the First
Schedule.

5. The ticket to be delivered by a pawnbroker to a borrower
under section 13(1) of the Ordinance shall be in Form 4 in the First
Schedule.

6. The statutory declaration to be taken by a pawnbroker
under section 14(1) of the Ordinance shall be in Form 5 in the First
Schedule.

7. (1) The fee payable to the Commissioner upon the grant
or renewal of a licence under section 5 of the Ordinance shall be the
fee prescribed in Part I of the Second Schedule.

(2) The sum to be tendered to a pawnbroker for expenses
upon the application of any person under section 14(1) of the
Ordinance shall be the sum prescribed in Part 11 of the Second
Schedule.

8. (1) No goods shall be pawned, received in pawn or
redeemed except between the hours of-

(a)8 a.m. and midnight on the day preceding Lunar New
Year's Day; and

(b) 8 a.m. and 8 p.m. on any other day.





(2) Any pawnbroker who contravenes paragraph (1) commits
an offence and is liable to a fine of $5,000.

9. The conditions to which a licence is subject under section
8(1) of the Ordinance are as follows-

(a)the pawnbroker shall comply with section 101(3) of the
Criminal Procedure Ordinance (which section requires
that where the pawnbroker has reasonable cause to suspect
that any property which is being offered or delivered to
him in pawn is stolen property, he shall, if he can in all
reasonable safety do so, apprehend the person offering the
same, and shall take possession of the property so offered)
and if he does so, shall thereafter immediately inform the
nearest police station;

(b)the pawnbroker shall during the continuance of his licence
carry on no trade or occupation at his place of business
other than that of a pawnbroker and of the sale of goods
that have become the property of the pawnbroker under
the Ordinance;

(c)the pawnbroker shall cause to be painted and kept painted
in large and legible English letters and Chinese characters,
over the door of his place of business, his or his firm's name
at length, with the addition of the word 'Pawnbroker'
after the English name and the character after the
Chinese name; and
(d)the pawnbroker shall maintain, in a conspicuous place at
his place of business, a clearly legible sign in both English
and.Chinese stating-
(i) the rate of interest on loans specified in the Second
Schedule to the Ordinance; and
(ii) that the liability of the pawnbroker under section 22
of the Ordinance for any loss or damage shall not exceed, in
respect of any one article pawned, the sum specified in the
First Schedule to the Ordinance, such sum being set out in
figures.

FIRST SCHEDULE
FORM. 1 [reg. 3(1).]
Application No ........................
PAWNBROKERS ORDINANCE (Section 5)
(Chapter 166)
PAWNBROKERS REGULATIONS
To the Commissioner of Police
APPLICATION FOR A PAWNBROKERS LICENCE

BEFORE completing this application READ the Note below.

I .............................hereby apply for
a licence to carry on business as a pawnbroker.
In support of my application I submit the following particulars:





A: Personal Details
1. Name of applicant:
2. Identity Card No.: --- ------
3. Commercial Code No.:
4. Telephone No.:
5. Residential address:
6. Date of birth:
7. Place of birth: --- ........ .................
8. Nationality: ....................................................

B: Business Details
9. Name of business establishment: .........................................................................

...............
10. Address of business premises including number. street and floor: ---
........................... ..------ ---
11. Indicate by deleting as necessary whether you are-
I am- (a) the owner of the premises: or
(b) the principal tenant; or
(c) a sub-tenant.
12. Indicate by deleting as necessary whether the business is-The business is-
(a) an individual concern; or
(b) a partnership (not a body corporate j: or
(c) a body corporate.
13. If the business is a partnership state the following particulars-

(a) Date partnership formed: .................

(b) Details of Partners:

Name I. D. Card No. Address Date of Birth
1 .
2.
3.
4.
14. If the business is a body corporate state the following particulars-
(a) Company name: ...........................................................................................
(b) Place of incorporation: .......... ................
(c) Date of incorporation: .................................................................................
(d) Registered office: ...................................................................
(e) Details of Directors:

Period of
I. D. Card Date of set-rice as
Name No. Address Birth director
1.
2.
3.
4.





15.Give the following details of each bank at which you keep or propose to keep an
account in connexion with your business as a pawnbroker-

The Account Date Account
Name of bank Its Address Number opened

2.
3.
4~

C: Other Particulars
16. (a) Have you ever previously made application for a licence under the
Pawnbrokers Ordinance?
Yes/No (Delete as necessary)
(b) If 'Yes' state-
(i) the date of application ...... .............................................................
(ii) whether the application was successful.
Successful/ Unsuccessful (Delete as necessary)
(c) If the application was unsuccessful, state the reason if known to you

17. (a) Have you ever been convicted of an offence, other than a traffic offence, in
Hong Kong or elsewhere?
Yes/No (Delete as necessary)
(b) If 'Yes', give the following details-
Penalty Date of Court which tried
The Offence
imposed conviction the offence

1.

2.

3.

4.
I declare that the information given by me in this application is to the best of my
knowledge and belief, both true and correct.

Dated this day of 19

Signed ......................................................
Applicant.
Note 1,You are advised to read the Pawnbrokers Ordinance and the
Pawnbrokers Regulations which make provision for the manner in which
the business of a pawnbroker is to be carried on. In particular, you should
refer to regulation 9 of the Regulations which sets out the conditions to
which all licences are subject.

2.You should also note that a pawnbroker making a loan which exceeds the
monetary limit set out in the First Schedule to the Pawnbrokers Ordin-
ance may commit an offence under the Money Lenders Ordinance (Chap-
ter 163) if he is not also in possession of a licence under that Ordinance.

3.You are warned that the making of any false or misleading statement or
the furnishing of any false or misleading information in connexion with
this application may result in both the refusal of the grant or renewal of a
licence, or its subsequent cancellation if it is granted or renewed, and in
your prosecution for the commission of an offence.

4.If the Commissioner decides to grant or renew a licence, a fee of $4,000
will be payable upon such grant or renewal.
1984ed 1984ed 1984ed 1984ed





PAWNBROKERS ORDINANCE [reg. 5.]
(Chapter 166)

TICKET DELIVERED UNDER SECTION 13(1)

FORm 4

PAWN TICKET

No. ..

From ...........................................................................................................................
................(name of pawnbroker)
of .............(address of premises) pawnbrokers.

To .............as borrower.
................(name of borrower)

1. The particulars of the loan are-





2. You are advised that-
(a) the goods pawned shall upon the expiration of 4 lunar months from the date
of advancing the money on loan become, if they are not earlier redeemed.
the property of the pawnbroker:
(b) if before the expiration of 4 lunar months from the date of advancing the
money on loan, You wish to continue the loanvou mas do so subject toyour
paying the interest then due:
(c) the goods will be redeli~ ered to Y ou if within 4 lunar months from the date
of advancing money on loan. you tender this ticket together with the full
amount then due for principal and interest;
(d) if you lose or are fraudulently deprived of this ticket and the goods remain
unredeemed or unsold. you may, upon providing the pawnbroker with a
statutory declaration setting forth the circumstances of such loss or fraudu-
lent deprivation and paying to him the sum of SIO for expenses. obtain a
duplicate ticket.


FORM 5 [reg. 6.]

PAWNBROKERS ORDINANCE (Section 14)
(Chapter 166)

PAWNBROKERS REGULATIONS

STATUTORY DECLARATION AS To LOST TICKET

To ...............................................................................................................................
(name of pawnbroker)

I...................................(name, number and type of identity document of declarant)
of .........................................................................................
(address)
solemnly and sincerely declare-





1 That 1 am the borrower and/or* the owner of goods pawned in respect of the
following loan made with you-
Date of
advancing Description Rate of Amount Duration
money ofgoods interest of loan of loan
on loan

2. I no longer have the ticket relating to the loan in my possession for the following
reasons-
(give details) ........................................................................................................

.....................................

And I make this solemn declaration conscientiously believing the same to be true.

Signed ........................

Declared at .................... in Hong Kong this..............
day of .................... 19.....

Before me ....................

..............................
Pawnbroker.
*(delete as required)

Directions to pawnbroker

In taking this declaration you should ask the person so declaring to confirm that
he is the person named and described in the declaration, that the contents of the
declaration are true and that the signature is his signature.


SECOND SCHEDULE [reg. 7]

PART I-FEES

Fee payable upon the grant or renewal of a licence under section 5
of the Ordinance .................. $4.000

PART II-EXPENSES

Sum to be tendered to a pawnbroker upon the application of any
person under section 14 of the Ordinance $ 10
L.N. 99/84. Citation. Directions in and language of forms. Application form and licence form. Form 1. Form 2. Form of general book. Form 3. Form of ticket. Form 4. Form of declaration relating to lost ticket. Form 5. Fees etc. Second Schedule. Hours of business. Conditions to which licence is subject. (Cap. 221.)

L.N. 99/84. Citation. Directions in and language of forms. Application form and licence form. Form 1. Form 2. Form of general book. Form 3. Form of ticket. Form 4. Form of declaration relating to lost ticket. Form 5. Fees etc. Second Schedule. Hours of business. Conditions to which licence is subject. (Cap. 221.)

https://oelawhk.lib.hku.hk/items/show/2748

PAWNBROKERS ORDINANCE

LAWS OF HONG KONG

PAWNBROKERS ORDINANCE

CHAPTER 166





CHAPTER 166

PAWNBROKERS ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page

1. Short title ............................ ... ... ... ... ... ... ... 2

2. Interpretation ................ ..... ... ... ... ... ... ... ... 2
3. Application of Ordinance .................. ... ... ... ... ... ... ... 2

4. Pawnbrokers to obtain licence ............. ... ... ... ... ... ... ... 3

5. Licences ............................... ... ... ... ... ... ... ... ... 3

6. Transfer of licence and substitution of premises ... ... ... ... ... ... 3

7. Grant or transfer of licence to bodies corporate or partnerships ... ... ... 4

8. Licence conditions ..................... ... ... ... ... ... ... ... 4

9. Cancellation and refusal to renew ......... ... ... ... ... ... ... ... 4

10...........................Appeal and operation and elect of cancellation ... ... ... ... ... ... 5

11............Interest on loans ......... ... ... ... ... ... ... ... ... ... ... ...

12....................................Details of loan to be entered in general book kept by pawnbroker ... ... 6

13..................Ticket to be given to borrower ... ... ... ... ... ... ... ... ... ... 6
14..................Delivery of duplicate ticket ... ... ... ... ... ... ... ... ... ... 6

15. Redelivery of goods on production of ticket and repayment ... ... ... ... 7
16. Pawnbroker to withhold goods in certain circumstances ... ... ... ... 7
17. Unredeemed goods to become the property, of pawnbroker ... ... ... ... 7

18.........................Information to be given by borrowers etc ... ... ... . ... ... 7

19.........................Goods pawned without authority of owner ... ... ... ... ... ... ... 8

20.......................................Issue of search warrant for goods pawned without authority of owner 8

21..................................Prohibition on pawnbrokers when receiving goods in pawn ... ... ... 8

22..............................Liability of pawnbroker in respect of loss or damage ... ... ... ... ... 8

23. Powers of court in respect of goods pawned, whether lawfully or unlawfully 9

24...................Powers of entry and inspection ... ... ... ... ... ... ... ... ... ... 11
25...................Servant, agent etc. of pawnbroker ... ... ... ... ... ... ... ... ... 11
26. Regulations 11

27................Amendment of Schedules ..... ... ... ... ... ... ... ... ... ... ... 12
28. [Spent] 12

29. Existing licences ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12

30. Existing pawn agreements ... ... ... ... ... ... ... ... ... ... ... ... 12

First Schedule. Maximum Amount of Loan ... ... ... ... ... ... ... ... ... 12 Second Schedule. Maximum
Monthly Rate of Simple Interest ... ... ... ... ... ... 12





CHAPTER 166

PAWNBROKERS

To provide for the licensing ofpait,nbrokers andjor the regulation and
control of certain pait.nbroking transactions; to make certain
provisions in respect of goods pait,ned,- to provide for matters
connected ivith or incidental to the foregoing; and to repeal the
Paimbrokers Ordinance 1930.

[24 August 1984.1

1. This Ordinance may be cited as the Pawnbrokers Ordin-

ance.

2. In this Ordinance, unless the context otherwise requires-

'Commissioner' means the Commissioner of Police;

'duplicate ticket' means a duplicate ticket delivered under section 14;

'general booV means the general book kept by a pawnbroker under
section 12;

---goods-means any goods, article or other thing which may be given as
security,'

'licence' means a licence ranted under section 5,
9

'lunar month' means a Chinese lunar month.,

,,pawnbroker' means a person carrying on business by advancing on
interest, or for or in expectation of profit, gain or reward, any sum of
money on the security of goods taken by, such person in pawn;

,.prescribed' means prescribed by regulations made under section 26;

'proof of identity' has the meaning assigned to it in section 17B of the
Immigration Ordinance.,

'ticket' means a ticket delivered under section 13.

3. (1) Nothing in this Ordinance shall apply to a loan by a

pawnbroker of more than the sum specified in the First Schedule or

to the goods pawned as security for that loan, or to the pawnbroker

or borrower in relation to that loan or the goods so pawned. (2)
Where

(a)2 or more loans are made by a pawnbroker to a borrower on
the security of the same goods pawned; and

(b)the total amount of the principal outstanding on all such loans
at any time exceeds the sum specified in the First Schedule,





nothing in this Ordinance shall apply to any of such loans, or to
the goods pawned as security therefor, or to the pawnbroker or
borrower in relation to any such loan or the goods so pawned.

(3) Notwithstanding anything in this Ordinance a person shall
not be deemed a pawnbroker by reason only of the fact of his
paying, advancing or lending any sum of more than the sum
specified in the First Schedule.

4. (1) No person shall carry on business as a pawnbroker
except under and in accordance with a valid licence.

(2) Any person who contravenes subsection (1) commits an
ofrence and is liable to a fine of 550,000 and to imprisonment for 2
years.

5. (1) The Commissioner may, upon application made to
him in the prescribed form and manner and upon payment of the
prescribed fee, grant a licence to a person to carry on business as a
pawnbroker.

(2) The Commissioner shall not grant a licence unless he is
satisfied-

(a)that the applicant is a fit and proper person to carry on
business as a pawnbroker;

(b)that the applicant has complied with the provisions of this
Ordinance and any regulations relating to the application,
and.

(e)that in all the circumstances the grant of such licence is not
contrary to the public interest.

(3) Every licence shall be in the prescribed form and shall
authorize the person to whom it is granted to carry on business as a
pawnbroker at the premises specified therein for a period of 12
months from the date on which it is granted.

(4) The Commissioner may, upon application made to him in
the prescribed form and manner and on payment of the prescribed
fee, renew a licence, and the provisions of section 9 shall have effect
in respect of any such application to renew.

(5) Any person who makes any false or misleading statement
or furnishes any false or misleading information in connexion with
any application to obtain or renew a licence under this section
commits an offence and is liable to a fine of S20,000 and to
imprisonment for 1 year.

6. (1) Except as provided in this section a licence shall not be
transferable.

(2) The Commissioner may, on application to him in writing
by any person, and on sufficient cause being shown to his satisfac-
tion, permit the transfer of an existing licence until its expiration to
another person, and such transfer shall be endorsed on the licence.





(3) Where a licence is transferred under subsection (2), a
reference in section 8 or 9 to a person to whom the licence was
granted shall be construed as a reference to the person to whom the
licence has been transferred.

(4) Where a pawnbroker intends to transfer his business as a
pawnbroker from the premises specified in his licence to premises
not so specified, he may apply to the Commissioner, in writing, to
have the premises to which he intends to transfer such business
endorsed on his licence in substitution for the first-mentioned
premises.

(5) The Commissioner may, in his discretion, grant an applica-
tion for an endorsement under subsection (4) and if so granted, the
licence shall be endorsed accordingly.

7. (1) Where a body corporate or a partnership wishes to
obtain a licence under section 5 a person authorized in that behalf
shall apply as the representative of the body corporate or the
partnership and, if a licence is granted by the Commissioner, it shall
be expressed to be granted to that person on behalf of the body
corporate or the partnership, as the case may be.

(2) Where a licence is transferred to a body corporate or a
partnership under section 6. it shall be expressed to be transferred to
a person authorized in that behalf as the representative of the body
corporate or the partnership. as the case may be.

8. (1) A licence shall be subject to the prescribed conditions.

(2) Where a condition of a licence is contravened, the person
to whom the licence was granted commits an offence and is liable to
a fine of $10,000 and to imprisonment for 6 months.

9. The Commissioner may cancel or refuse to renew a licence
at any time if-

(a)he is satisfied that any false or misleading statement or
information was made or furnished in connexion with the
application to obtain or renew the licence; or

(b)the person to whom the licence was granted is convicted of
an offence under this Ordinance or any regulations made
thereunder; or

(c)a condition of the licence is contravened, whether or not
any person has been convicted of an offence under sec-
tion 8(2); or

(d)in his opinion the person to whom the licence was granted
has ceased to be a fit and proper person to carry on
business as a pawnbroker; or

(e) in his opinion the public interest so requires.





10, (1) Any person aggrieved by a decision of the Commis-
sioner under section 5, 6 or 9 may appeal by way of petition to the
Governor within 28 days of the decision and on any such appeal
the Governor may confirm, vary or reverse the decision of the
Commissioner.

(2) The operation of any decision to cancel a licence under
section 9, appealed against under subsection (1), shall be suspended
until the appeal has been heard and determined by the Governor.

(3) The cancellation of a licence shall not affect any agreement
for the loan of a sum of money on the security of any goods pawned
or other like agreement made by the pawnbroker as such, nor shall
he by reason only of the cancellation lose his lien on, or right to, any
goods or goods pawned or to the loan and profit thereon, but he
shall be allowed to pursue and wind up his business in respect of
goods which he has received before the cancellation.

11. (1) A pawnbroker may demand and take simple interest,
per lunar month, over and above the principal paid or advanced by
him upon any goods pawned with him, from the person applying to
redeem those goods before redelivering the same. at any rate not
exceeding that specified in the Second Schedule.

(2) The payment of principal and interest shall be accepted by
the pawnbroker in full satisfaction of all charges for or incidental to
the loan to which they relate.

(3) No agreement for the loan of a sum of money on the
security of goods pawned shall be enforceable in any case where the
pawnbroker demands or takes simple interest in excess of the rate
specified in the Second Schedule, or demands or takes compound
interest, or any payment other than principal and interest and in any
such case-

(a)the borrower or owner of the goods shall be entitled to
redeem the goods without payment of interest or any
charges for or incidental to the loan; and

(b)the pawnbroker shall be entitled to recover the amount of
the loan.

(4) No pawnbroker shall in relation to any loan-

(a)demand or take simple interest in excess of the rate
specified in the Second Schedule;

(b) demand or take compound interest; or

(c)demand or take any payment other than principal, interest
or the prescribed sum for expenses under section 14.

(5) Any pawnbroker who contravenes subsection (4) commits
an offence and is liable to a fine of $20,000 and to imprisonment for
1 year.





12. (1) A pawnbroker shall keep a general book in the pre-
scribed form and shall in respect of every loan, enter or cause to be
entered the details as specified in the form, before advancing any
money on loan.

(2) Any pawnbroker who contravenes subsection (1) commits
an offence and is liable to a fine of 55,000.

13. (1) A pawnbroker shall on the date of advancing any
money on loan deliver to the borrower a ticket in the prescribed
form.

(2) Any pawnbroker who contravenes subsection (1) commits
an offence and is liable to a fine of $5,000.

14. (1) If a ticket is lost or mislaid by or fraudulently taken or
obtained from the borrower or the owner of the goods and the goods
are still unredeemed or unsold, the pawnbroker, shall, on the
application of any person-

(a)producing his proof of identity and representing himself to
be the borrower or the owner of the goods; and

(b) tendering the prescribed sum for expenses; and

(e)making and leaving with the pawnbroker a statutory
declaration in the prescribed form, setting forth the cir-
cumstances of such loss,

deliver to him a duplicate of such ticket.

(2) A pawnbroker is hereby authorized to take a statutory
declaration in the prescribed form for the purposes of this section.

(3) Any person who makes a statutory declaration under this
section which is false or misleading in any material particular
commits an offence and is liable to a fine of $20,000 and to
imprisonment for 1 year.

(4) Subject to subsection (5), any pawnbroker who, in respect
of any goods which are still unredeemed or unsold-

(a)refuses or fails to take the statutory declaration of a person
who has complied with paragraphs (a) and (b) of subsec-
tion (1); or

(b)refuses or fails to deliver a duplicate ticket to a person
who has complied with paragraphs (a), (b) and (e) of
subsection (1),

commits an offence and is liable to a fine of $10,000 and to
imprisonment for 6 months.

(5) A pawnbroker does not commit an offence under subsec-
tion (4) if he proves that he believed with reasonable cause that such
person was not the borrower or the owner of the goods, as the case
may be.





15. (1) Subject to section 16, upon the tender by a person of
a ticket or duplicate ticket together with the full amount then due
for principal and interest within 4 lunar months from the date of
advancing any money on loan, the pawnbroker shall deliver up to
that person the goods to which the ticket or duplicate ticket and the
loan relate.

(2) Any pawnbroker who contravenes subsection (1) commits
an offence and is liable to a fine of $10,000 and to imprisonment for
6 months.

16. (1) Notwithstanding section 15, a pawnbroker shall with-
hold delivery of the goods pawned where on or before the tender to
him of a ticket or a duplicate ticket under that section he has-

(a)been given notice in writing by the borrower or the owner
of the goods not to deliver the same;

(b)been given notice in writing by any police officer not below
the rank of sergeant that the goods have been or are
suspected to have been unlawfully pawned, or

(e)received an application in respect of the goods under
section 14 from any person representing himself to be the
borrower or the owner of the goods.

(2) Any pawnbroker who contravenes subsection (1) commits
an offence and is liable to a fine of S5,000.

17. (1) Subject to this Ordinance and to any other law, goods
pawned shall, upon the expiration of 4 lunar months from the date
of advancing any money on loan, become, if they are not earlier
redeemed, the property of the pawnbroker.

(2) Notwithstanding subsection (1), if before the expiration of
4 lunar months from the date of advancing any money on loan, the
borrower wishes to continue the loan, the pawnbroker shall allow
him to do so on his paying the interest then due and in any such case
a new ticket shall be delivered to the borrower, a new entry shall be
made in the general book and for the purposes of section 15 and this
section, the date of advancing any money on loan shall be deemed to
be the day the new ticket is delivered.

(3) Any pawnbroker who contravenes subsection (2) commits
an offence and is liable to a fine of $5,000.

18. (1) A person applying to a pawnbroker to pawn goods or
to redeem goods pawned shall at the time of his application provide
the pawnbroker with information to the satisfaction of the pawn-
broker as to-

(a) his proof of identity; and

(b) his place of residence; and

(c)if he is not the owner, the name and place of residence of
the owner of the goods; and





(d)in the case of an application to redeem goods, the circum-
stances under which his application is made.

(2) Any person applying to pawn goods or to redeem goods
pawned who provides false information under this section commits
an offence and is liable to a fine of $20,000 and to imprisonment for
1 year.

19. (1) No person shall pawn goods owned by another with-
out being duly authorized or employed by the owner of the goods in
that behalf.

(2) Any person who contravenes subsection (1) commits an
offence and is liable to a fine of $20,000 and to imprisonment for 1
year.

20. A magistrate shall, upon written information on oath
being laid before him that there are probable grounds for believing
that any goods have been pawned without the authority of their
owner, issue his warrant for searching any place where the goods
may appear to him to be; and if any of the goods are discovered
upon such search, the person executing the warrant shall take them
or cause them to be taken into safe keeping.

21. (1) No pawnbroker shall receive in pawn any goods-

(a)from any person unless he has first inspected proof of
identity of the borrower; or

(b) from any person who is under the age of 17 years; or

(c)having upon them any mark or sign indicating them to be
or to have been the property of the Crown, the Urban
Council or any other statutory body or authority.

(2) No pawnbroker shall demand or accept as security any-

(a)identity card issued under the Registration of Persons
Ordinance, passport, warrant card, or other document
establishing the identity or nationality of the holder;

(b) bank savings or deposit account book; or

(c)photograph, whether developed or not, of the borrower or
owner of the goods or of any member of the family of the
borrower or owner of the goods.

(3) Any pawnbroker who contravenes subsection (1) or (2)
commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

22. (1) A pawnbroker shall make good all loss or damage
accruing to a borrower or owner of goods pawned where-

(a)before the period for redemption thereof has elapsed the
goods have by the default, neglect or misfeasance of the
pawnbroker been-





(i) stolen, lost or improperly disposed of, or
(ii) destroyed, damaged or impaired in value; or

(b) he has failed to comply with section 16.

(2) In subsection (1) 'the period for redemption' means, in
relation to any goods pawned, the period of 4 lunar months from the
date, as determined under section 17, of advancing any money on
loan on the security of those goods.

(3) An pawnbroker who contravenes subsection (1) commits
an offence and is liable to a fine of $5,000.

(4) In any proceedings before a court or magistrate, whether
or not for an offence under this section, such court or magistrate
shall allow and award to the borrower or owner of the goods an
amount in satisfaction of such loss or damage, from which shall be
deducted the amount of principal and interest then due in respect of
the loan to which the goods relate.

(5) Notwithstanding anything in subsection (1) or (4) the
liability of a pawnbroker for loss or damage under this section shall
not exceed, in respect of any one article pawned, the sum specified
in the First Schedule.

23. (1) Where in any proceedings before a court or mag-
istrate-

(a)it appears that any goods have been unlawfully pawned
with a pawnbroker; or

(b)a person has been convicted of an offence under this
Ordinance and it appears that any goods brought before
the court or magistrate by which he is convicted in con-
nexion with the offence have been pawned with a pawn-
broker, whether or not the pawnbroker is the person so
convicted,

the court or magistrate shall dispose of the goods in the manner
provided by this section.

(2) The court or magistrate may, in respect of any goods to
which subsection (1) applies, of its or his own motion or upon
application-

(a)on proof of ownership of the goods, make, subject to
subsection (3), an order for the delivery or non-delivery
thereof to the owner-
(i) on payment to the pawnbroker of the amount of the
loan advanced by him thereon and the interest due; or
(ii) on payment to the pawnbroker of any part of such
loan or interest; or
(iii) without payment to the pawnbroker of any part of
such loan or interest,

as may seem just in all the circumstances;





(b)if ownership of the goods cannot be established or where
the owner cannot be found, make an order that the goods
be sold or retained in the possession of the Commissioner;
or

(c) make an order that the goods be forfeited to the Crown.

(3) In the making of an order under subsection (1)(a), the
court or magistrate shall take into account the conduct of the
owner and of the pawnbroker and consider whether the fault or
carelessness of either party has caused or contributed to the unlaw-
ful pawning of the goods and shall as regards the apportionment
between them of any loss or damage-

(a) in the case where the court or magistrate finds-
(1) that no fault or carelessness in their conduct; or
(ii) that equal fault or carelessness in their conduct,

has caused or contributed to the unlawful pawning of the
goods, apportion the loss or damage in equal shares;
(b)in the case where the court or magistrate finds that the fault
or carelessness in the conduct of the owner or of the
pawnbroker, as the case may be, has caused or contributed
to the unlawful pawning of the goods in the whole or in the
greater part, apportion the loss or damage in such whole or
greater part, having regard to their respective shares in the
responsibility for such unlawful pawning.

(4) Where any person claims ownership of the goods, no order
shall be made by the court or magistrate under subsection (2)
unless the pawnbroker and the alleged owner have been given an
opportunity of being heard.

(5) Any order made by the court or magistrate under subsec-
tion (2) shall bar any civil remedy which the owner or any other
person would have had for the recovery of the goods, and the owner
shall not be entitled to claim the return of the goods except under the
terms of such order.

(6) No order for the delivery. sale or forfeiture of goods shall
be made under subsection (2) unless the court or magistrate is
satisfied that the goods will not be required as an exhibit in any
proceedings.
(7) Where under subsection (2)(b) a court or magistrate orders
the sale or retention of goods, and no person commences proceed-
ings to establish his ownership of or entitlement to the goods, or the
proceeds of sale thereof, within 6 months from the date such order is
made, the goods or the proceeds of sale shall become the property of
the Crown.
(8) An order made under subsection (2), other than an order
for retention of goods, shall not be carried out until the period
allowed for making an appeal against the order has expired. or
where such an appeal is duly made, until the appeal has been finally
determined or abandoned.





(9) In this section 'owner' includes-

(a)any person having ownership of goods at the time of
pawning;

(b)any person having ownership of goods pawned without his
authorization; and

(c)any person from whom the pawner obtained the goods by
fraudulent, unlawful or illegal means.

24. (1) A police officer of the rank of sergeant or above or any
person authorized in writing by the Commissioner in that behalf
may on production of his authority (if required)-

(a) enter and inspect at any reasonable time any premises-
(i) specified in a licence; or
(ii) which are reasonably suspected by him to be prem-
ises where the business of pawnbroking is carried on ;

(b)require the production of, inspect or examine any goods.
documents or records on the premises;

(c) take copies of any such documents or records; and

(d)make such inquiries from any person on the premises in
relation to such goods, documents or records as he thinks
fit.

(2) Any person who in connexion with an inspection under
subsection (1)-

(a)fails without reasonable excuse to produce any goods,
documents or records referred to in that subsection when
required to do so by any police officer or person authorized
under that subsection;

(b)furnishes to such police officer or person any information
which is false or misleading in any material particular; or

(c)otherwise hinders or impedes such police officer or person
in the performance of his duties or the exercise of his
powers under that subsection,

commits an offence and is liable to a fine of $10,000 and to
imprisonment for 6 months.

25. For the purposes of this Ordinance anything done or
omitted by the servant or agent of a pawnbroker in the course of or
in relation to the business of the pawnbroker shall be deemed to be
done or omitted (as the case may be) by the pawnbroker; and
anything by this Ordinance authorized to be done by a pawnbroker
may be done by his servant or agent.

26. (1) The Governor in Council may by regulation provide
for-

(a)the manner in which applications for licences shall be
made;





(b)the form of applications for licences, licences, the general
book and tickets;
(e) the fees payable on the grant or renewal of licences;

(d) the conditions subject to which licences are granted;
(e)limiting the number of pawnbrokers' licences that may be
allowed in any area;
the hours during which the business of pawnbroking may
be carried on;
(g) the storage and safe custody of goods pawned; and
(h) anything that is to be or may be prescribed.
(2) Any regulation made under this section may provide that a
contravention thereof shall be an offence and may provide penalties
for such offence not exceeding a fine of 5 10,000 and imprisonment
for 6 months.

27. The Governor may by order amend all or any of the
Schedules.

28. [Spepit]

29. (1) A licence which was granted to a pawnbroker under
section 8 of the repealed Ordinance and remained in force iminedi-
ately before the commencement of this Ordinance shall continue in
force after such commencement and have effect according to its
tenor as if it were a licence granted under section 5 of this Ordinance.
(2) A licence which was granted to a pawnbroker under
section 8 of the repealed Ordinance and which was, immediately
before the commencement of this Ordinance, suspended, shall upon
the ending of the period of suspension after the commencement of
this Ordinance continue in force and have effect according to its*
tenor as if it were a licence granted under section 5 of this Ordinance.

(3) In this section -repealed Ordinance- means the Pawn-
brokers Ordinance 1930 repealed by section 28.

30. This Ordinance shall not apply to any loan made before
the commencement of this Ordinance, or to any goods pawned as
security for any such loan.

FIRST SCHEDULE [ss. 3 & 22.]
MAXIMUM AMOUNT OF LOAN TO WHICH ORDINANCE APPLIES

$25,000


SECOND SCHEDULE [s. 11.1]

MAXIMUM MONTHLY RATE OF SIMPLE INTEREST THAT MAY BE DEMANDED
3 1/2 per cent per lunar month
Originally 10 of 1984. L.N. 284/84. Short title. Interpretation. (Cap. 115.) Application of Ordinance. First Schedule. Pawnbrokers to obtain licence. Licences. Transfer of licence and substitution of premises. Grant or transfer of licence to bodies corporate or partnerships. Licence conditions. Cancellation and refusal to renew. Appeal and operation and effect of cancellation. Interest on loans. Second Schedule. Details of loan to be entered in general book kept by pawnbroker. Ticket to be given to borrower. Delivery of duplicate ticket. Redelivery of goods on production of ticket and repayment. Pawnbroker to withhold goods in certain circumstances. Unredeemed goods to become the property of pawnbroker. Information to be given by borrowers etc. Goods pawned without authority of owner. Issue of search warrant for goods pawned without authority of owner. Prohibition on pawnbrokers when receiving goods in pawn. (Cap. 177.) Liability of pawnbroker in respect of loss or damage. First Schedule. Powers of court in respect of goods pawned, whether lawfully or unlawfully. Powers of entry and inspection. Servant, agent etc. of pawnbroker. Regulations. Amendment of Schedules. Existing licences. (Cap. 166, 1970 Ed.) (Cap. 166, 1970 Ed.) Existing pawn agreements.