MISCELLANEOUS LICENCES ORDINANCE

MISCELLANEOUS LICENCES ORDINANCE

LAWS OF HONG KONG

MISCELLANEOUS LICENCES ORDINANCE

CHAPTER 114





CHAPTER 114
MISCELLANEOUS LICENCES ORDINANCE

ARRANGEMENT OF SECTIONS

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

1..........Short title ....................... ... ... ... ... ... ... ... ... ... 2
2..........Interpretation.................. ... ... ... ... ... ... ... ... ... ... 2
3..........Regulations ....................... ... ... ... ... ... ... ... ... ... 4

4. Prohibition of trading, etc., without licence ... ... ... ... ... ... ... ... 5
5. Grant of licences. revocation and appeals ... ... ... ... ... ... ... ... 5

6.............Search warrants ............. ... ... ... ... ... ... ... ... ... ... 5
6A............Power of seizure ............... ... ... ... ... ... ... ... ... ... ... 6

7...............Offences and penalties .... ... ... ... ... ... ... ... ... ... ... ... 6

7A.........Forfeiture ........... . .......... ... ... ... ... ... ... ... ... 6
8. Liability of agent ..................... ... ... . ... ... ... ... ... 7

9. Saving .................................... ... ... ... ... ... ... ... 7

10..................Amendment of Third Schedule ... ... ... ... ... ... ... ... ... ... 7
11..................Amendment of Fourth Schedule ... ... ... ... ... ... ... ... ... 7

First Schedule. List of trades. businesses or occupations ... ... ... ... ... ... ... 7
Second Schedule. List of therapeutic equipment or apparatus ... ... ... ... ... ... 8

Third Schedule . .............................. ... ... ... ... ... ... ... ... ... 8
Fourth Schedule ............................ ... ... ... ... ... ... ... ... ... ... 8





CHAPTER 114

MISCELLANEOUS LICENCES

To consolidate and amend the law relating to miscellaneous licences.

[27 October 1933.1

1. This Ordinance may be cited as the Miscellaneous Licences
Ordinance.

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

-amusement game centre- means. subject to section 11(2). any
place in which there is installed or placed for use or operation
for the purpose, in whole or in part. of amusement. recreation
or entertainment on payment directly or indirectly of any
consideration in money or money*s worth. any machine or
device-

(a)which enables or is capable of enabling any person by any
means whatever to release, set in moti . on. manipulate.
control or direct the movement of any, ball. projectile. or
other object. and registers any score or combination in any
manner whatever. or

(b)which enables or is capable of enabling any person by any
means whatever to release, set in motion. manipulate,
control or direct the movement of any image. signal or
electrical impulse; or

(c)which upon the insertion therein by any person of any
coin, token, disc, card or object. produce~ or is capable of
producing to him any prize. coin, token or disc or any
other object or article whatever. or

(d) specified in the Third Schedule.

not being a machine or device specified in the Fourth Schedule.
(Replaced, 11 of] 982, s. 2)

,'auctioneer' includes every person who exercises or carries on the
trade or business of an auctioneer. or who acts in such capacity
at any sale or roup, and every person who sells or offers for sale





any goods or chattels, lands, tenements, or hereditaments, or
any interest therein, at any sale or roup where any person or
persons become the purchaser of the same by competition. and
being the highest bidder, either by being the single bidder or
increasing upon the biddings made by others, or decreasing on
sums named by the auctioneer or person acting as auctioneer.
or other person at such sale or roup, or by any other mode of
sale by competition;

'dancing school' means any place opened, kept or used for the
purpose of giving instruction in dancing except-

(a)a place of public entertainment licensed as such under the
Places of Public Entertainment Ordinance; or

(b)a public dance hall licensed as such under this Ordinance.
or

(c) dancing schools for children under the age of 16;

(d)a place used for the purpose of giving instruction
in dancing where no charge whatsoever to any person
resorting thereto, whether for admittance or instruction.
or for food or drink supplied, or otherwise, is made; or

(e)a place used for the purpose of giving instruction in
dancing by The Hong Kong Academy for Performing Arts
established by The Hong Kong Academy for Performing
Arts Ordinance; (Added, 38 of 1984, s. 28)
(Added, 15 of'1952, s. 2. Amended, 27 oj'1965, s. 2)

---hawkeC means any person who trades in any street or public
thoroughfare or goes from place to place, or goes on board any
vessel, selling or exposing for sale any goods, wares or mer-
chandise immediately to be delivered, or exposing samples or
patterns of any goods, wares or merchandise to be afterwards
delivered, or selling or offering for sale his skill in handicraft,
except a person selling or seeking orders for goods, wares or
merchandise to or from person who are dealers therein, and
who buy to sell again; (Amended, 9 of 1934, s. 2)

'Physiotherapy clinic' means any premises used or represented
as being or intended to be used for the treatment of diseases
or disabilities of the human body, where any therapeutic
equipment or apparatus listed in the Second Schedule is kept
or used, except a physiotherapy department of or attached to a
hospital for the time being recognized by the Director of
Medical and Health Service , or except the consulting room
of a duly registered medical practitioner; (Added, 64 of 1955,
s. 2)

'place' includes any house, shop, room, office, boat, vehicle or
vessel, or any erection movable or otherwise, or any spot on
land or water;





'public dance-hall' means any place opened, kept or used for the
purpose of dancing to which the general public are admitted
with or without payment for admission unless such place is a
place of public entertainment licensed as such under the Places
of Public Entertainment Ordinance:

Provided that a place shall not be deemed to be opened,
kept or used for the purpose of dancing if it is opened, kept or
used primarily for some other lawful purpose to which dancing
is merely an incidental attraction for which no charge is made
and no instructors or dancing partners are provided or made
available; (Added, 15 of 1952, s. 2)

'sale' includes exchange or barter;

'timber store- means any building, yard or other place used for the
storage of timber or bamboo in any quantity in excess of 12
cubic metres other than timber in baulk. ~or the purposes
of this definition timber in baulk shall not include china fir
poles; (Added, 8 of 1941, s. 2. Amended, 27 oj'1965, s. 2 and
L.N. 300/82)
(Amended, 53 of 1983, s. 18)

3. (1) The Governor in Council may by regulation provide
for-

(a) licensine. reculation and control of any. place. trade. busi
ness. undertaking or occupation specified in the First
t~
Schedule; (Amended, If ol*1952, s. 3 and64 (?f 1955, s. 3)

(b)classifying for the purposes of paragraph (a) any place.
trade, business or occupation for wi~ich a licence'may be
issued under this Ordinance.

(c)the particulars which an applicant for any licence
granted under this Ordinance shall furnish to any officer
empowered to issue a licence hereunder. ~Added, 15 f
1952,s. 3)

(d)the form and conditions of any licence granted under this
Ordinance. the officers who may issue such licence and the
fees therefor, the hours during which such licence may be
used and the period for which such licence shall be issued.

(e)the lighting to be used in any place licensed under this
Ordinance and in such regulations to provide the general
specifications and requirements to be satisfied in respect of
such lighting, or to empower any, officer specified therein to
determine. at the time of the issue or renewal of any licence
under this Ordinance, the particular specifications and
requirements to be satisfied in respect of such lighting in
the place to which the licence relates: (Added, 27 of 1965.
s.3)
precautions to be taken against fire in any place licensed
under this Ordinance..





(g)maintenance of peace and good order in any place licensed
under this Ordinance;

(h)means of securing hygienic conditions and requiring the
maintenance of such conditions in any place licensed under
this Ordinance;

(i)entry and inspection of any place licensed under this
Ordinance, by the Commissioner of Police, the Secretary
for Home Affairs or any other officer authorized by the
Governor in that behalf,

(j)exempting any place, trade, business or occupation
situated or carried on within specified areas from the
operation of this Ordinance or of any part thereof or
of any regulations made thereunder. and specifying and
varying the boundaries of such areas; and

(k) generally. carrying into effect the provisions of this Ordin-
. ance.

(2) Such regulations may provide that the contravention
of any particular regulation shall constitute an offence and may
prescribe penalties for breach of the regulations not exceeding a fine
of 510,000 or imprisonment for 6 months. (Added, 15 of 1952,
s. 3. Amended, 11 of 1982, s. 3)

4. No person shall open or keep any place specified in
the First Schedule. or conduct any trade, business or occupation
specified in the First Schedule except under and in accordance with
a licence issued under this Ordinance.
(Amended, 64 o 1955, s. 4 and 53 o 1983, s. 18)
f _f

5. (1) Subject to the provisions of subsection (3). the grant
of any licence issued, or to be issued under this Ordinance and the
grant of any renewal of any licence shall be in the absolute discretion
of the officer authorized to issue such licence. (Amended, 53 qf
1983,s. 18)

(2) Such officer may revoke a licence granted to any person on
proof to his satisfaction of an offence against this Ordinance or
other misconduct, by such person.

(3) An appeal shall lie by way of petition, in such manner and
form and within such period as may be provided by regulation under
section 3, to the Governor in Council from the decision of any officer
under this section.
(Amended, 27 of 1965, s. 4)

6. If it is made to appear to a magistrate or a justice of the
peace by information upon oath that there is reason to believe that
an offence against this Ordinance is being committed in any place,
the magistrate or justice of the peace may issue a warrant authoriz-
ing any police officer to enter and search such place and to arrest
such persons as may be found therein.
(Amended, 15 of 1952, s. 4)





6A. (1) A police officer who has entered any place in pursu-
ance of a warrant issued under section 6 may seize and remove from
that place any machine or device together with its contents and all
related or ancillary components including any cabinet or other
casing in which it is housed if he has reason to suspect that such
machine or device may be liable to forfeiture under section 7X and
may detain the machine or device and the contents, components,
cabinet and casing until all proceedings, including any appeal, have
been completed or a decision is taken not to proceed.

(2) No claim or action shall lie against the Crown or any public
officer,in respect of the seizure, removal or detention of any machine
or device under subsection (1).
(Added, 11 of 1982, s. 4)

7. Any person who-

(a) contravenes the provisions of section 4, or

(b)fails to comply with any condition in a licence issued
hereunder; or

(c)in furnishing any particulars which he is required by
regulation made hereunder to furnish. furnishes any
information which he knows or has reason to believe to
be false in any material particular or by reason of the
omission of any, material particular or furnishes any
information without any belief in the truth or accuracy of
the information supplied.

shall be guilty of an offence and shall be liable-
(i)in the case of an otTence under paragraph (a). to a fine of
550,000 or to imprisonment for 6 months. or
(ii)in the case of an offence under paragraph (b) or (c). to a
fine of S10,000 or to imprisonment for 6 months.
~Repla~,ed, 15 ol* 1952, s. -5. Amended, 11 of198-2, s. 5)

7A. The court shall. on the conviction of any person of an
offence under section 7(a) relating to an amusement game centre.
order the forfeiture of any machine or device together with its
contents and all related or ancillary components including any
cabinet or other casing in which it i~ housed (if any) seized by a
police officer under section 6A. being a machine or device of a type
specified in paragraph (a), (b) or (c) of the definition of -amusement
game centre- or the Third Schedule which was installed or placed in
the amusement game centre for the purposes of amusement, recrea-
tion or entertainment, unless the owner of the machine or device
satisfies the court that there is special and exceptional reason not to
order forfeiture. such as that the machine or de-~,,ice had been stolen
and the theft reported to the police as soon as practicable; but
ownership of itself of a machine or device by a person other than the
person convicted or financial hardship to any person shall not be
special and exceptional reason.
(Added. 11 ol 1982, s. 6)





8. Whenever any person to whom any licence or permit or
authority has been issued or granted under this Ordinance would be
liable under the provisions of this Ordinance or of any regulations
made thereunder to any punishment, penalty or forfeiture for any
act, omission, neglect or default, he shall be liable to the same
punishment, penalty or forfeiture for every similar act, omission.
neglect or default of any agent or servant employed by him in the
course of his business, and every such agent or servant shall also
be liable to every punishment, penalty or forfeiture prescribed for
such acts, omissions, neglects or defaults contrary to the provisions
of this Ordinance as fully and effectually as if he had been the
person to whom the licence or permit or authority had been issued
or granted.

9. The provisions of this Ordinance shall be in addition to
and not in derogation of the provisions of any other enactment
relating to or affecting any place, trade. business or occupation with
respect to which this Ordinance applies.
(Replaced, 8 of 1941, s. 3)

10. The Governor in Council may by order published in the
Gazette include any machine or device in or amend the Third
Schedule.
(Added, 1101982. s. 7)

IIA.

11. (1) The Secretary for Home Affairs may by order
published in the Gazette include any machine or device in or amend
the Fourth Schedule.

(2) The Secretary for Home Affairs may by order published
in the Gazette exempt any place, or class of places, from being an
amusement game centre.
(Added, 11 of 1982, s. 7)

FIRST SCHEDULE [ss. 3 & 4.]

Amusement game centre.

Auctioneer.

Dancing school.

Hawker of tobacco, cigars or cigarettes.

Physiotherapy clinic.

Public dance-hall.

Timber store.

(Amended, 22 of 1935, s. 7; 8 of 1941, s. 4; 42 of 1947, s. 3..15 of 1952, s. 6: 64
of 1955, s. 5; 50 of 1956, s. 3; 27 of 1965, s. 5; 21 of 1973, s. 20; 54 of'1978, s. 2;
11 of 1982, s. 8 and 53. of 1983, s. 18)





SECOND SCHEDULE [s. 2.1

Therapeutic equipment or apparatus involving the use of any of the following-
Infra-red radiations
Ultra-violet radiations
Galvanic current
Faradic current
Sinusoidal current
Long wave diathermy (high frequency current)
Short wave diathermy (ultra-high frequency current)
Ultra-short wave diathermy
Electro-cautery
Oscillator
Supersonic equipment
Electric hydrotherapy.
(Added, 64 of 1955, s. 6)

THIRD SCHEDULE[ss. 21 & 10.1
'Added, 11 of 1982, s. 9)

FOURTH SCHEDULE[ss. 2 & 11.1
Added. II of] 982. s. 9,

Gymnasium equipment installed in a gymnasium or recreational health clinic.
(Added. L.N. 116 82.)
Originally 25 of 1933. (Cap. 114, 1950.) 9 of 1934. 22 of 1935. 8 of 1941. 42 of 1947. 15 of 1952. 64 of 1955. 50 of 1956. 27 of 1965. 21 of 1973. 54 of 1978. 1 of 1982. 11 of 1982. L.N. 116/82. L.N. 300/82. 53 of 1983. 38 of 1984. Short title. Interpretation. Third Schedule. Fourth Schedule. [cf. 1845 c. 15, s. 4.] (Cap. 172.) (Cap. 1135.) [cf. 1888 c. 33, s. 2; 1871 c. 96, s. 3.] Second Schedule. (Cap. 172.) Regulations. First Schedule. Prohibition of trading, etc., without licence. First Schedule. Grant of licences, revocation and appeals. Search warrants. Power of seizure. Offences and penalties. Forfeiture. Liability of agent. Saving. Amendment of Third Schedule. Amendment of Fourth Schedule.

Originally 25 of 1933. (Cap. 114, 1950.) 9 of 1934. 22 of 1935. 8 of 1941. 42 of 1947. 15 of 1952. 64 of 1955. 50 of 1956. 27 of 1965. 21 of 1973. 54 of 1978. 1 of 1982. 11 of 1982. L.N. 116/82. L.N. 300/82. 53 of 1983. 38 of 1984. Short title. Interpretation. Third Schedule. Fourth Schedule. [cf. 1845 c. 15, s. 4.] (Cap. 172.) (Cap. 1135.) [cf. 1888 c. 33, s. 2; 1871 c. 96, s. 3.] Second Schedule. (Cap. 172.) Regulations. First Schedule. Prohibition of trading, etc., without licence. First Schedule. Grant of licences, revocation and appeals. Search warrants. Power of seizure. Offences and penalties. Forfeiture. Liability of agent. Saving. Amendment of Third Schedule. Amendment of Fourth Schedule.

https://oelawhk.lib.hku.hk/items/show/2507

1964

v8

114

9