PLACES OF PUBLIC ENTERTAINMENT ORDINANCE

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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