CELLULOID AND CINEMATOGRAPH FILM ORDINANCE, 1923

CELLULOID AND CINEMATOGRAPH FILM ORDINANCE, 1923

No. 23 of 1923.

An Ordinance to make better Provision for the prevention
of file in premises where raw celluloid or cinematograph
film is stored or used.

[1st December, 1923.]

1. This. Ordinance may be cited as the Celluloid and
Cinematograph Film. Ordinance, 1923.,

As amended by No. 10 of. 1930 [5.9.3.03 and Law Rev. Ord., 1939,
Supp. Sched.
The regulations formerly contained in the Schedule to this Ordinance
have been transferred to the corresponding volume of the Regulations
of Hong Kong.





2. In this Ordinance,
(a) 'Celluloid' includes the'substances known as celluloid
and xylonite and other similar substances, containing nitrated
,cellulose or other nitrated products;

(b) 'Cinematograph film' means' any film :containing
celluloid which is intended for use in a cinematograph or any
.similar apparatus;

(c) 'Raw celluloid' means-

(i) celluloid which has not been subjected to any process
of manufacture; and

(ii) celluloid scrap or waste.

3. No premises shall be used for any purpose to which this
Ordinance applies-

(a) unless the Occupier has furnished to the Commissioner
of Police in writing a 'statement of his. name, the address of the
premises and the nature of the business there carried on;

(b) unless the premises are provided with such means of
escape in case of fire as the Commissioner of Police may
reasonably require and such means of escape are maintained in
good condition and free from obstruction;

(c) if the premises are situated underneath premises used
.for residential purposes;

(d) if the premises are so situated that a- fire occurring
therein might interfere with the means of escape from the
building of which they form part or from any adjoining
building;

(e) where the premises fo rm part of a building unless such
part either-

(i) is separated from any other* part of the building by
fire-resisting partitions (including fire-resisting. ceilings and
floors) and fire-resisting self-closing doors; or

(ii) is so situated and constructed that a. fire occurring
therein is not likely to spread to other: parts. of the building,

As amended by Law Rev. Ord., 1939, Supp. Sched.





and its use for the purposes. to which this Ordinance applies
is sanctioned in, writing by the Commissioner of Police and any
conditions attached to such sanction are complied with;
unless any regulations are duly observed which may be
made under this Ordinance.

4. It shall be lawful for the.Governor in Council to make
regulations with respect to the use of any cinematograph or
similar apparatus upon any premises used for any purpose to
which this Ordinance applies.,

5. The purposes to which this Ordinance applies are-

(i) the keeping or storing of raw celluloid-

(a) in quantities exceeding at any one time pne hundred-
weight; or

(b) in smaller quantities unless kept (except when required
to be, exposed for the purpose of the work carried on in the
premises) in a properly closed metal box or case; and

(2) the keeping or storing of cinematograph film-

(a) in quantities exceeding at any one time twenty reels,
or eighty pounds in weight; or

(b) in smaller quantities unless each reel is kept (except
when required to be exposed for the purpose of the work carried
on in the premises) in a separate and properly closed metal box
or case

Provided that-

(i) for the purposes of this Ordinance, cinematograph film
shall be deemed to be kept in any premises where it is tern-
porarily deposited for the purpose of examination, cleaning,
packing, rewinding or repair, but celluloid or cinematograph
film shall not ' be deemed to be kept or stored in any premises
where it is temporarily deposited whilst in the course of delivery,
conveyance or'transport; and
(ii) the provisions of this Ordinance shall not apply to
premises licensed in accordance with the provisions of the Places
of Public Entertainment Regulation Ordinancep 1919.

As amended by Law Rev. Ord., 1939, Supp. Sched.





6.--(1) In the event of any contravention in or.in connexion
with any premises of the foregoing provisions of this Ordinance,
the occupier shall upon summary conviction be liable to a fine
not exceeding five hundred dollars and in the case of a
continuing offence to a further fine not exceeding one hundred
dollars for each day on which the offence is continued after
conviction thereof.

(2) In the event of the contravention by any person employed
on any premises of any regulation made under this Ordinance,
he shall upon' summary conviction be -liable to a fine not
exceeding fifty dollars.

7.-(1) An officer duly authorized by the Commissioner of
Police may at all reasonable , times enter and inspect any
premises which are used, or which such officer has reasonable
cause to believe are used,. wholly or in part for any purpose to
which this Ordinance applies.

(2) Every such officer as afore said shall be furnished with
a certificate of his authorization by the Commissioner Police
and when visiting any such premises as aforesaid shall, if so
,required, produce the said certificate to the occupier of the
premises.

8. An officer duly authorized by the Commissioner of Police
may at any time take, for analysis sufficient samples of any
material which he suspects to be or to contain celluloid.

9. Every person who-

(i) refuses to permit any officer authorized. under this
Ordinance to enter or inspect any premises; or

(2) hinders or obstructs any such officer in the execution. Of
.his duty under this Ordinance; or

(3) refuses to allow any officer to take samples in pursuane
.of the provisions of section 8,

.shall upon summary conviction be liable to a. fine not. exceeding
two hundred dollars.

As amended by Lawi Rev. Ord., 1939, Supp. Sched.

(10).- If any occupier of premises is prevented by any
agreement from carrying out any. structural alterations which
are necessary to enable him to comply with the provisions of
this Ordinance and is unable to obtain the consent to those
alterations of the person' whose 'consent is necessary under the
agreement,.he may apply, in accordance with rules of court, to
the. Supreme Court in its summary jurisdiction and the court,
after 'hearing the parties and any witnesses whom' they may
desire to call may make such an 'order setting aside or
modifying the terms of the agreement as the court considers just
and equitable in the circumstances of the case.

(2) Where in any premises any structural or other alterations
are required in order to comply with the provisions of this
Ordinance and the occupier alleges that the whole or part of
the expense of the alterations ought to be borne by the'owner,
the occupier may apply, , in accordance with rules of court, to
the Supreme Court in its summary jurisdiction and the court,
after heating the parties and any witnesses whom they may
desire to call, may make such order concerning the expenses
or their apportionment as the court considers just and equitable
in the circumstances of the case, regard being had to the terms
of any contract between the parties, or in the alternative the.
court may at the request of the occupier determine the lease.
[Originally No. 23 of 1923. No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation 12 & 13 Geo. 5, c. 35, s. 9. General safety provisions,. 12 & 13 Geo. 5, c. 35, s. 1 (1), (2). Regulations. 12 & 13 Geo. 5, c. 35, s. 1 (4). Purposes to which the Ordinance applies. 12 & 13 Geo. 5. C. 35, s. 2. Ordinance No. 22 of 1919. Penalties for infringement of foregoing provisions. 12 & 13 Geo. 5, c. 35, s. 3. Power of entry. 12 & 13 Geo. 5, c. 35, s. 5. Power to take samples. 12 & 13 Geo. 5, c. 35, s. 6. Obstruction of officers. 12 & 13 Geo 5, c. 35, s. 7. Power of Supreme Court to modify agreements and to apportion expenses. 12 & 13 Geo. 5, c. 35, s. 8.

[Originally No. 23 of 1923. No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation 12 & 13 Geo. 5, c. 35, s. 9. General safety provisions,. 12 & 13 Geo. 5, c. 35, s. 1 (1), (2). Regulations. 12 & 13 Geo. 5, c. 35, s. 1 (4). Purposes to which the Ordinance applies. 12 & 13 Geo. 5. C. 35, s. 2. Ordinance No. 22 of 1919. Penalties for infringement of foregoing provisions. 12 & 13 Geo. 5, c. 35, s. 3. Power of entry. 12 & 13 Geo. 5, c. 35, s. 5. Power to take samples. 12 & 13 Geo. 5, c. 35, s. 6. Obstruction of officers. 12 & 13 Geo 5, c. 35, s. 7. Power of Supreme Court to modify agreements and to apportion expenses. 12 & 13 Geo. 5, c. 35, s. 8.

https://oelawhk.lib.hku.hk/items/show/1584

1937

v3

295

No. 23 of 1923

5