MASSAGE ESTABLISHMENTS ORDINANCE

MASSAGE ESTABLISHMENTS ORDINANCE

LAWS OF HONG KONG

MASSAGE ESTABLISHMENTS ORDINANCE

CHAPTER 266





CHAPTER 266

MASSAGE ESTABLISHMENTS ORDINANCE

ARRANGEMENT OF SECTIONS

section Page
1. Short title 2

PART I

PRELIMINARY

2. Interpretation 2
3. Application of Ordinance 2
4. Prohibition on operating etc. massage establishment without a licence 3
PART II
LICENCES

Authorized officer ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

6. Application for and grant of licence ... ... ... ... ... ... ... ... ... ...

Renewal of a licence . ... ... ... ... ... ... ... ... ... ... ... 4 8. Revocation and suspension ...
... ... ... ... ... ... ... ... ... ... ... 5

9. Transfer ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

to. Appeal ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

PART III

MISCELLANEOUS

11. Power of licensing authority and police to enter massage establishment ... ... 5

12.........Regulations ....................... ... ... ... ... ... ... ... ... ... 6

13..................Offences in relation to licences ... ... ... ... ... ... ... ... ... ... 6

14.......Penalty .......................... ... ... ... ... ... ... ... ... ... 6
15.......Aids in proof .................... ... ... ... ... ... ... ... ... ... ... 6

16. Power of the Governor to amend Schedule ... ... ... ... ... ... ... ... 7

17.........Transitional ...................... ... ... ... ... ... ... ... ... ... 7

Schedule.............................. ... ... ... ... ... ... ... ... ... ... 7





CHAPTER 266

MASSAGE ESTABLISHMENTS

To provide for the control and licensing qf massage establishments
and for matters connected therewith or incidental thereto.

[5 December 1983,]

1. This Ordinance may be cited as the Massage Establishments
Ordinance.

PART I

PRELIMINARY

2. (1) In this Ordinance. unless the context otherwise requires

---conditionsof the licence--- means any conditions imposed by the
licensing authority under section 6(2) or under section 17(2):

'licence' means a licence to operate a massage establishment granted
under section 6 or renewed under section 7:

**licensee' means a person to whom a licence has been issued:

licensing authority--- means a person referred to in section 5:

massage establishment--- means any place used or intended to be used
or represented as being used for the reception or treatment of
persons requiring massage or other similar service or treat-

3. This Ordinance shall not apply to-

(a)a hospital or maternity home maintained by the Crown or
registered under the Hospitals, Nursing Homes and Maternity
Homes Registration Ordinance:

(b)an establishment for medical treatment operated by a medical
practitioner registered under the Medical Registration
Ordinance.

(c)the premises of a hairdresser, or of a beauty parlour. where
face or scalp massage is administered to female customers
only or is administered in the premises in full view of
customers resorting thereto;

(d)an establishment for physiotherapy operated by a
physiotherapist registered under the Supplementary Medical
Professions Ordinance; or





(e)a physiotherapy clinic licensed under the Miscellaneous
Licences Ordinance.

4. (1) Any person who on any occasion operates. keeps. manages,
assists in any capacity in the operation of. or assists in the management
of, a massage establishment for the operation of which a licence is not
in force commits an offence.

(2) For the avoidance of doubt it is hereby declared that it shall not
be a defence that a person charged with an offence under subsection (1)
did not know that the operation of the massage establishment which is
the subject of the offence was not licensed.

(3) Any person who commits an offence under subsection (1) shall
subject to subsection (4) be liable

(a)on first conviction to a fine of S50,000 and to imprisonment
for 6 months..

(b)on a second or subsequent conviction to a tine of SI 00.000
and to imprisonment for 2 years.

(4) A person convicted of an offence under subsection (1 shall be
liable to the penalty prescribed by subsection (3)(b) if 3 years prior to
the dIte of his conviction another person was convicted of an offence
against that subsection committed it] rela- to the sarrie place or a part
thereof to which his conviction relates unless lie satisfies the court that
at the time of the oRnce under subsection 1 for w hich he is conv inted
lie did not know and had no reason to suspect that another person had
been so convicted.

PART II

LICENCES

5. Any person specified in the Schedule may exercise the powers
conferred on the licensing authority by this Ordinance.

6. (1) An application by a person for a licence shall be made to the
licensing authority in the prescribed form and in the prescribed manner.

(2) Subject to subsections (3) and (4), the licensing authority may,
in his absolute discretion. grant a licence and may impose such
conditions as he thinks fit.

(3) The licensing authority shall not grant a licence unless he is
satisfied that

(a)the applicant is a fit and proper person to operate a massage
establishment.

(b)the applicant will adequately and personally supervise the
massage establishment;





(e)the premises and the situation thereof are suitable for the
operation of a massage establishment.,

(d)the massage establishment will not be operated in a manner
contrary to the public interest.

(4) The licensing authority shall not grant a licence to a person
other than a natural person.

(5) A licence granted under this section shall be in the prescribed
form.

(6) A licence granted under this section shall not be issued and
shall not be valid except on payment to the licensing authority of the
prescribed fee.

(7) A licence shall authorize the licensee to operate a massage
establishment at the premises specified therein for a period of 12 months
from the date on which it is granted and in accordance with any
conditions imposed under subsection (2).

7. (1) A licensee may apply for the renewal of his licence.

This section does not apply to a licensee whose licence is
revoked.

(3) An application by a licensee for the renewal of a licence shall--

(a)be made not more than 3 months and not less than 2 months
prior to the expiration of the licence or within such other
period prior to the expiration thereof as the licensing authority
may in writing permit.

(b)be made to the licensing authority in the prescribed form and
in the prescribed manner.

(4) Subject to section 8. subsections (6) and (7) of section 6 shall
apply mutatis mutandis to an application for renewal made under this
section as it applies to an application under section 6 and for the
avoidance of doubt it is hereby declared that the licensing authority
may in respect of the renewed licence impose any condi- in addition to
or instead of any condition previously imposed by him.

(5) Any licence in respect of which an application for renewal Is
made under and in accordance with this section and which expires prior
to the determination of such application shall, unless such application is
withdrawn, or the licence is revoked or suspended under section 8, be
deemed to continue in force until the determination by the licensing
authority of such application.

(6) A renewal of a licence granted under this section shall-

(a)not be issued and shall not be valid except on payment to the
licensing authority of the prescribed fee;





(b)be deemed to be granted from the day following the day upon
which the licence being renewed would have expired but for
subsection (5).

8. (1) The licensing authority may revoke, suspend or refuse to
renew any licence if in the opinion of the licensing authority

(a)the licensee has been in breach of any conditions of the
licence;

(b)the licensee has ceased to satisfy any condition relating to the
operation of the massage establishment in respect of which
the licensing authority is required to be satisfied under section
6(3); or

(e)the massage establishment the subject of the licence has been
operated on any occasion since the date on which the licence
was granted in any manner contrary to the public interest.

(2) Where a person is convicted of an offlence contrary, to section
139 of the Crimes Ordinance--

(a)the licensing authority shall revoke any licence that was held
by the convicted person at the time the offence was
committed and which is still in force.

(b)where the convicted person does not hold a licence but the
conviction was for an offence which was. in the opinion of the
licensing authority, related to or connected with premises
specified in a licence, and was committed whilst the licence
was in force, the licensing authority may revoke the licence.

9. (1) Except as provided in this section, a licence shall not be
transferable.

(2) The licensing authority may, on sufficient cause being shown
to his satisfaction and subject to any conditions as he may think fit to
impose, permit the transfer of an existing licence until its expiration to
another person and such transfer shall be endorsed on the licence.

10. Any person who is aggrieved by a decision of the licensing
authority under sections 6, 7, 8 and 9 may appeal by way of petition to
the Governor in Council.

PART III

MISCELLANEOUS

11. (1) For the purpose of ascertaining whether the provisions of
this Ordinance are being complied with the licensing authority, a police
officer of the rank of sergeant or above or any person authorized in
writing by the licensing authority in that behalf may on production of
his authority (if required) enter and inspect





any premises in relation to which a licence has been issued to operate a
massage establishment.

(2) 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 section 4 is being committed in any place, the magistrate or
justice of the peace may issue a warrant authorizing any police officer to
enter and search such place.

12. The Governor in Council may by regulation-

(a)prescribe anything required or permitted to be prescribed
under this Ordinance;

(b)specify the particulars which an applicant for a licence shall
furnish to the licensing authority;

(c)empower the licensing authority to exempt 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

(d)provide for the better carrying into effect of the provisions
and purposes of this Ordinance.

13. (1) Any person who on am, occasion operates. keeps.
manages. assists in any capacity in the operation of. or assists in the
management of, a massage establishment in regard to the operation
of which a licence has been issued under this Ordinance otherwise than
in accordance with the conditions of the licence commits an offence.

(2) Where a condition of the licence is contravened the licensee
shall be guilty of an offence unless lie satisfies the court that

(a)he did not know and had no reason to suspect the existence
of the circumstances giving rise to the contravention.. and

(b)he could not, by the exercise of reasonable supervision and
reasonable diligence. have prevented those circumstances
arising.

(3) Any person who makes any false or misleading statement or
furnishes any false or misleading information in connexion with any
application for the issue or renewal of a licence commits an offence.

14. Any person who commits an offence under section 13. shall be
liable to a fine of 550,000 and to imprisonment for 6 months.

15. For the purpose of any proceedings under this Ordinance a
document purporting to be a

(a)copy of a licence and of any conditions to which the licence
is subject certified to be a true copy by a police officer of the





rank of Superintendent or above shall be received in evidence
evidence on its production without further proof and. until
the contrary is proved, it shall be presumed that-

(1) the document is a true copy of the licence..

(ii) the person who certified the document was a police
officer of the rank stated in the certificate; and

(iii) the licence was issued in respect of the premises stated
in the document to the person stated in the document and is
subject to those conditions;

(b)certificate signed by a police officer of the rank of Superin- or
above that the person named in the certificate was on the date
specified in the certificate convicted of an offence contrary to
section 4 and that the offence was committed in relation to any
place stated in the certificate shall be admitted in evidence iii
any proceedings under section 4 on its production and
without without further proof and. until the contrary is proved.
it shall be presumed that

(i) the person who signed the certificate was a police officer
of the rank stated in the certificate: and

(ii) any person named in the certificate was on any date
specified in the certificate conivcted convicted of an offence
contrary to section 4 and that the offence was committed in
relation to any place stated in the certificate.

16. The Governor may by notice in theamend the
Schedule.

17. (1) A massage establishment licence issued under the
Miscellaneous Licences Ordinance and in force shall. at the day on
which this section comes into operation. be deemed to be a licence
issued under this Ordinance.

(2) The licensing authority may, in regard any licence to which
subsection (1) applies. by notice in writing served upon the licensee or
sent by registered post to the address of the licensee appearing on the
licence, impose such conditions on the licence as he thinks fit and ariv
such conditions shall take effect as if they were imposed under section
6(2) on the day on which the notice was served or. in the case of a
notice sent by registered post, if the notice is not returned undelivered.
on the seventh day following the day on which the notice was posted.

SCHEDULE

Commissioner of Police
Originally 53 of 1983. L.N. 381/83. Short title. Interpretation. Application of Ordinance. (Cap. 165.) (Cap. 161.) (Cap. 359.) (Cap. 114.) Prohibition on operating etc. massage establishment without a license. Authorized officer. Schedule. Application for and grant of license. Renewal of a license. Revocation and suspension. (Cap. 200.) Transfer. Appeal. Power of licensing authority and police to enter massage establishment. Regulations. Offences in relation to licenses. Penalty. Aids in proof. Power of the Governor to amend Schedule. Transitional. (Cap. 114.)

Originally 53 of 1983. L.N. 381/83. Short title. Interpretation. Application of Ordinance. (Cap. 165.) (Cap. 161.) (Cap. 359.) (Cap. 114.) Prohibition on operating etc. massage establishment without a license. Authorized officer. Schedule. Application for and grant of license. Renewal of a license. Revocation and suspension. (Cap. 200.) Transfer. Appeal. Power of licensing authority and police to enter massage establishment. Regulations. Offences in relation to licenses. Penalty. Aids in proof. Power of the Governor to amend Schedule. Transitional. (Cap. 114.)

https://oelawhk.lib.hku.hk/items/show/3046

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