MUSEUMS (REGIONAL COUNCIL) BY-LAWS

MUSEUMS (REGIONAL COUNCIL) BY-LAWS

MUSEUMS (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AV 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AV 2

3. Interpretation... .... ... ... ... ... ... ... ... ... ... ... ... ... AV 2
4. Administration of museums ... ... ... ... ... ... ... ... ... ... ... ... AV 2

5. Times when museums are open to public ... ... ... ... ... ... ... ... ... AV 2

6. Circumstances under which persons may be refused entry into a museum ... ... AV 2

7. Circumstances under which persons may be required to leave a museum ... ... AV 3

8. Articles to be deposited in cloakroom... ... ... ... ... ... ... ... ... AV 3
9. Copying, etc., of exhibits... ... ... ... ... ... ... ... ... ... ... ... AV 4

10. Wilful damage to walls, exhibits, etc . ... ... ... ... ... ... ... ... ... ... AV 4

11. Recovery of cost of repairs, etc. of damage to walls, exhibits, etc . ... ... ... ... AV 4

12. Prohibition of certain acts ... ... ... ... ... ... ... ... ... ... ... ... AV 4

13. Erection of structures and trading... ... ... ... ... .. ... ... ... ... AV 5

14. Obstruction of staff or other persons ... ... ... ... ... ... ... ... ... ... AV 5

15. Appeals ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AV 6
16. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... AV 6

17. Name in which proceedings for offences may be brought ... ... ... ... ... AV 6





MUSEUMS (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 1051)

[11 February 1983.1

1. These by-laws may be cited as the Museums (Regional
Council) By-laws.

2. These by-laws apply to the Regional Council area only.

3. In these by-laws, unless the context otherwise requires-

'curator' means the curator of a museum;

'Council' means the Regional Council;

'Head of Museurn' means the curator, manager or any other person
appointed by the Director of Regional Services as a Head of
Museum;

'manager' means the manager of a museum;

'member of the staff ' means a Head of Museum, curator, assistant
curator, manager and any person appointed by the Director of
Regional Services to assist a Head of Museum.

4. Subject to the directions of the Council, a Head of
Museum shall administer a museum.

5. (1) A museum shall be open to the public on such days
and during such hours as may be determined from time to time by
the Council.

(2) Notice in the English and Chinese languages, stating the
days on which and the hours during which a museum shall be open
to the public shall be posted in a conspicuous place in the museum or
at the entrances thereto.

(3) A Head of Museum may at any time and without notice
close temporarily a museum or any part thereof for all or any
purposes for such reason as he thinks fit.

6. (1) A member of the staff may refuse entry into a museum
to a person who, in his opinion, is-

(a) under the influence of drink or drugs;

(b) offensively unclean in person or in dress;

(c) indecently or insufficiently dressed; or

(d) likely to cause a nuisance.

(2) Except where permission is granted by a Head of Museum,
a member of the staff may refuse entry into a museum or any part
thereof to a child under 6 years' of age, whether or not such child is
accompanied by an adult.





(3) A member of the staff may refuse entry or re-entry into a
museum or any part thereof to any person whilst any exhibition or
performance therein is in progress.

7. (1) A member of the staff may require any person forth-
with to leave a museum or any part thereof---

(a)whom he has power to refuse entry under by-law 6(1)
or (2);

(b) whom he has reason to believe has committed or is about
to commit any offence punishable under these by-laws;

(e)who is found sleeping or committing any nuisance in the
museum;

(d)who is using any part of a museum for a purpose for which
it is not intended; or

(e)who refuses to obey any reasonable direction given to him
by a member of the staff in furtherance of the proper
management of a museum.

(2) Any person who refuses to leave a museum or any part
thereof when required to do so under paragraph (1) commits an
offence and may, in addition to any penalty to which he may become
liable, forthwith be removed from the museum or any part thereof at
the discretion of a member of the staff.

8. (1) Subject to paragraph (2) and by-laws 12 and 13, every
person carrying an umbrella, walking stick, cane or any article which
in the opinion of a member of the staff may cause annoyance or
inconvenience to other users of a museum, or a bag, suitcase or other
similar receptacle, shall on entering a museum, deposit it forthwith
in a cloakroom provided for that purpose.

(2) Paragraph (1) shall not apply in any case where it appears
to a member of the staff that the assistance of a walking stick or cane
is required for use by a person suffering from a physical disability.

(3) A member of the staff may refuse to accept for deposit in a
cloakroom of a museum any article referred to in paragraph (1) if it
appears to him that such article is inappropriate for deposit in the
cloakroom.

(4) An official receipt token shall be given by a member of the
staff to every person depositing an article in a cloakroom of a
museum.

(5) A member of the staff may refuse to return any article
deposited in a cloakroom of a museum if the person claiming the
article is unable to produce the official receipt token given to the
depositor when the article was deposited.

(6) No liability for the loss of or damage to any article
deposited in a cloakroom of a museum shall lie with the Govern-
ment, the Council or any member of the staff of the museum
concerned.





(7) If any article, which is deposited in a cloakroom of a
museum, is not claimed by the depositor thereof within 1 month
after it was so deposited, it may be sold or otherwise disposed of in
such manner as a Head of Museum thinks fit.

(8) The proceeds of sale of any article under paragraph (7)
shall be forfeited to the Council.

9. (1) No person shall copy or photograph in any manner
whatsoever any exhibit displayed in a museum except in accordance
with a permit granted by a Head of Museum.

(2) No person shall borrow any exhibit from a museum except
in accordance with a permit granted by the Council.

(3) A permit granted under paragraph (1) or (2) shall be in
such form and subject to such conditions as may be specified by a
Head of Museum or the Council, as the case may be.

10. (1) No person shall wilfully write upon, mark, soil or
otherwise damage in any way whatever or destroy any wall, door,
furniture, fitting or other thing in a museum, or any exhibit.

(2) A member of the staff may take all reasonable steps to
prevent any person from doing any act which, in his opinion, causes
or is likely to cause damage to or destruction of any part of a
museum, any furniture, fitting or other thing therein, or any exhibit.

11. (1) In addition to any penalty to which he may become
liable for a contravention of by-law 10(1), any person who writes
upon, marks, soils or otherwise damages in any way whatever or
destroys any wall, door, furniture, fitting or other thing in a museum
shall be liable to pay such sum of money as a Head of Museum
considers necessary for the repair or replacement thereof, and in
addition to such sum the person may be required to pay a surcharge
amounting to 20 per cent of such sum.

(2) In addition to any penalty to which he may become liable
for a contravention of by-law 10(1), any person who writes upon,
marks, soils or otherwise damages in any way whatever or destroys
any exhibit shall be liable to pay such sum of money as the Council
considers necessary for the repair or replacement thereof, and in
addition to such sum the person may be required to pay a surcharge
amounting to 20 per cent of such sum.

12. Except with the permission of a Head of Museum, no
person shall-

(a) introduce any animal, bird or fish into a museum;

(b)smoke or make use of any naked light in any part of a
museum in which smoking or the use of naked light is
prohibited;

(c) enter any part of a museum which is closed to the public;

(d) handle, disturb or otherwise interfere with any exhibit;





(e)take or consume any food or drink within a museum
otherwise than in any part thereof set apart for such
purpose;

bring, or cause to be brought, into a museum any wheeled
vehicle or other form of conveyance, or permit any such
vehicle or conveyance to remain in a museum, except
where such vehicle or conveyance is required for use by a
person suffering from a physical disability;

(g)use in a museum any radio apparatus, record, tape or
cassette player, musical instrument or other apparatus
which emits sound, or any type of wireless equipment or
transmitter the operation of which causes or is likely to
cause a disturbance within a museum, or otherwise cause a
disturbance within a museum; or

(h)use any flash-light or other lighting apparatus within any
part of a museum open to the public.

13. (1) No person shall, in a museum-

(a)erect any post, rail, fence, pole, tent, booth, stand, building
or other structure, or bring or allow to remain any mate-
rials for such a building or structure, or any display
material, except with the written permission of a Head of
Museum and subject to such conditions as he may impose;
or

(b)sell, or offer or expose for sale, or let to hire, or offer or
expose for letting to hire, any refreshment, commodity or
article, unless, in pursuance of any agreement with the
Council, such person is authorized to sell or let to hire in
the museum such refreshment, commodity or article.

(2) Any post, rail, fence, pole, tent, booth, stand, building or
other structure or any building materials for such booth, stand,
building or other structure, or any display material, which is
brought into or remains in a museum without the permission in
writing of a Head of Museum or contrary to any conditions imposed
by a Head of Museum, may be removed by a Head of Museum and,
if unclaimed after a period of 7 days, may be sold and the owner
thereof shall be liable for any costs of removal, storage and sale
which costs may be recovered from the owner by the Council.

(3) When anything is sold by a Head of Museum under
paragraph (2), the proceeds of sale, after deduction therefrom of any
costs of removal, storage and sale, shall be payable to the owner and
if no claim therefor is made by the owner within 3 months after the
date of sale, the sale proceeds, after deduction therefrom of any such
costs, shall be forfeited to the Council.

14. No person shall wilfully obstruct any member of the staff
in the lawful performance of his duty or wilfully obstruct, disturb,
interrupt or annoy any other person in the lawful use of a museum
or of any of the facilities provided therein.





15. (1) Any person aggrieved by any decision, direction or
requirement made or given by a member of the staff may appeal in
writing therefrom to the Council.

(2) After considering representations made to it on an appeal
under paragraph (1), the Council may confirm, vary or set aside any
such decision, direction or requirement.

16. Any person who-

(a)contravenes by-law 8(1), 9(1) or (2), 10(1), 12, 13(1) or 14
commits an offence and is liable to a fine of $500 and to
imprisonment for 1 month;

(b)commits an offence under by-law 7(2) is liable to a fine of
$500 and to imprisonment for 1 month.

17. (1) Any sum which becomes due under the provisions of
these by-laws shall be recoverable as a debt due to the Council.

(2) Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, a prosecution for any offence under
these by-laws may be brought in the name of the Council.
L.N. 39/83. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Administration of museums. 10 of 1986, s. 32(2). Times when museums are open to public. 10 of 1986, s. 32(2). Circumstances under which persons may be refused entry into a museum. Circumstances under which persons may be required to leave a museum. 10 of 1986, s. 32(2). Articles to be deposited on cloakroom . 10 of 1986, s. 32(2). Copying, etc., of exhibits. 10 of 1986, s. 32(2). Wilful damage to walls, exhibits, etc. Recovery of cost of repairs, etc. of damage to walls, exhibits, etc. 10 of 1986, s. 32(2). Prohibition of certain acts. Erection of structures and trading. 10 of 1986, s. 32(2). Obstruction of staff or other persons. Appeals. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

L.N. 39/83. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Administration of museums. 10 of 1986, s. 32(2). Times when museums are open to public. 10 of 1986, s. 32(2). Circumstances under which persons may be refused entry into a museum. Circumstances under which persons may be required to leave a museum. 10 of 1986, s. 32(2). Articles to be deposited on cloakroom . 10 of 1986, s. 32(2). Copying, etc., of exhibits. 10 of 1986, s. 32(2). Wilful damage to walls, exhibits, etc. Recovery of cost of repairs, etc. of damage to walls, exhibits, etc. 10 of 1986, s. 32(2). Prohibition of certain acts. Erection of structures and trading. 10 of 1986, s. 32(2). Obstruction of staff or other persons. Appeals. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

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