(Cap 388, section 39) [1 August 2003] (L.N. 163 of 2003) Cap 388B s 1 (Omitted as spent) PART 1 PRELIMINARY (Omitted as spent) Cap 388B s 2 Interpretation In this Bylaw, unless the context otherwise requires- "Abyss Turbo Drop" (极速之旅) means the amusement ride called by that name and installed at Ocean Park which consists of 2 towers; "alighting platform" (下车月台) means a platform designated by the Corporation by notice as a platform for alighting from a cable car; "attendant" (服务人员) means an officer, servant or employee of the Corporation who is on duty in Ocean Park; "attraction" (景点) means any of the facilities, exhibitions or entertainments (including amusement rides and the Ropeway) in Ocean Park, whether permanent or temporary and whether located in a building or structure or comprising a part of Ocean Park set aside for a specific purpose; "Balloons Up-Up-And-Away" (升空奇遇) means the amusement ride called by that name and installed at Ocean Park; "boarding platform" (登车月台) means a platform designated by the Corporation by notice as a platform for boarding a cable car; "cable car" (缆车) means a cable car used on the Ropeway; "car park" (停车场) means a part of Ocean Park designated as such by the Corporation by notice at the entrance to that part; "child" (儿童) means a person under 12 years of age; "Clown-A-Round" (小丑旋风) means the amusement ride called by that name and installed at Ocean Park; "Crazy Galleon" (冲天摇摆船) means the amusement ride called by that name and installed at Ocean Park; "Dragon" (疯狂过山车) means the amusement ride called by that name and installed at Ocean Park; "driving licence" (驾驶执照) has the same meaning as in section 2 of the Road Traffic Ordinance (Cap 374); "Eagle" (翻天飞鹰) means the amusement ride called by that name and installed at Ocean Park; "ensure safety or order" (确保安全或秩序) means ensure- (a) the health or safety of any person in Ocean Park; (b) the health or safety of any animal in Ocean Park; (c) the safety of any property in Ocean Park; or (d) the orderly and undisturbed enjoyment of any part of Ocean Park by any person;"Ferris Wheel" (摩天巨轮) means the amusement ride called by that name and installed at Ocean Park; "flora" (植物群) means all trees, shrubs, plants and vegetation within Ocean Park, whether wild or cultivated; "Flying Swing" (飞天秋千) means the amusement ride called by that name and installed at Ocean Park; "Frog Hopper" (蛙蛙跳) means the amusement ride called by that name and installed at Ocean Park; "Fun Train" (欢乐小火车) means the amusement ride called by that name and installed at Ocean Park; "kiddie ride" (小童机动游戏机) means an amusement ride designated as such by the Corporation by notice; "learner's driving licence" (学习驾驶执照) has the same meaning as in regulation 2 of the Road Traffic (Driving Licences) Regulations (Cap 374 sub. leg. B); "Merry-Go-Round" (幻彩旋转马) means the amusement ride called by that name and installed at Ocean Park; "Mine Train" (越矿飞车) means the amusement ride called by that name and installed at Ocean Park; "motor vehicle" (汽车) has the same meaning as in section 2 of the Road Traffic Ordinance (Cap 374); "Ocean Park Tower" (海洋摩天塔) means the amusement ride called by that name and installed at Ocean Park; "platform" (月台) means a part of the Ropeway premises designated by the Corporation by notice as a place for boarding or alighting from a cable car; "Raging River" (滑浪飞船) means the amusement ride called by that name and installed at Ocean Park; "Ropeway" (索道)- (a) means the cable car system connecting the parts of Ocean Park known as the Lowland and the Headland respectively; and (b) includes all cable cars and platforms;"Ropeway premises" (索道处所) includes all parts of Ocean Park (including any building or structure) used in connection with the Ropeway; "Space Wheel" (太空摩天轮) means the amusement ride called by that name and installed at Ocean Park; "Toto The Loco" (砵砵火车头) means the amusement ride called by that name and installed at Ocean Park; "vehicle" (车辆) has the same meaning as in section 2 of the Road Traffic Ordinance (Cap 374); "Whiskers' Wild Ride" (威威至激之旅) means the attraction called by that name and located at Ocean Park and includes the amusement ride inside it. Cap 388B s 3 General admission PART 2 GENERAL (1) An attendant may refuse to admit a person to Ocean Park or a part of Ocean Park if the attendant reasonably believes that the refusal is necessary to ensure safety or order. (2) An attendant may refuse a child to enter Ocean Park if the child is not accompanied by a person who has attained 15 years of age. (3) A person who enters or stays in Ocean Park or a part of Ocean Park after having been refused to enter by an attendant, and fails to leave Ocean Park or that part of Ocean Park (as the case may be) immediately after having been requested by an attendant to leave- (a) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month; and (b) may be removed from Ocean Park or that part of Ocean Park (as the case may be) by an attendant or a public officer authorized in that behalf by the Corporation, by force if necessary. Cap 388B s 4 Opening and closing (1) The Corporation may from time to time fix the times during which Ocean Park or a part of Ocean Park may be open to the public. (2) The Corporation may restrict the number of persons having access to Ocean Park or a part of Ocean Park if the restriction is necessary to ensure safety or order. (3) The Corporation may close any entrance to or exit from Ocean Park. Cap 388B s 5 Conduct of public (1) A person in Ocean Park shall comply with all notices, and all directions and requests of any attendant, posted, given or made for the purpose of ensuring safety or order. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (3) A person shall not- (a) without authority granted by the Corporation, enter Ocean Park or an attraction- (i) without first having paid the admission fee (if any) applicable to him; or (ii) without first having obtained the admission ticket (if any), from time to time required by the Corporation for admission as advertised by notice at the entrance to Ocean Park or the attraction (as the case may be);(b) without authority granted by the Corporation, enter or remain in Ocean Park or a part of Ocean Park when it is closed to the public; (c) spit in Ocean Park in an unhygienic manner; (d) dispose of any litter, paper or rubbish in Ocean Park, otherwise than in the receptacles provided by the Corporation for such purposes; (e) except as permitted by notice to the contrary, walk, run, stand, sit or lie in Ocean Park upon any grass, flower-bed or ground in the course of preparation as a flower-bed or for the planting of trees, shrubs or other plants; (f) without authority granted by the Corporation, bring any food or drink (except baby food) into Ocean Park; (g) eat or drink in a part of Ocean Park where eating or drinking is prohibited by the Corporation by notice; (h) leave Ocean Park other than through an exit designated by the Corporation by notice as an exit for use by the public; (i) smoke or carry a lighted cigarette, cigar or pipe in a part of Ocean Park which is designated by the Corporation by notice as a non-smoking area; (j) use a radio, cassette recorder, compact disc player, portable television receiver or similar equipment in Ocean Park, except when used with an earphone or headset sufficiently insulated to avoid leakage of sound; (k) without authority granted by the Corporation, use a television receiver (except a portable television receiver used with an earphone or headset sufficiently insulated to avoid leakage of sound) in Ocean Park; (l) without authority granted by the Corporation, play a musical instrument in Ocean Park; (m) without authority granted by the Corporation, enter a part of Ocean Park which is designated by the Corporation by notice as a restricted area; (n) without reasonable excuse, put his feet on or lie down on a seat or bench in Ocean Park; or (o) fail to take his turn in the queue as directed by an attendant for an attraction (including the Ropeway and an amusement ride).(4) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 1. (5) A person shall not- (a) use obscene language, shout or conduct himself in a manner so as to cause a nuisance or annoyance to any visitor to or to any animal in Ocean Park; (b) behave otherwise than in an orderly manner in Ocean Park or behave in an obscene or indecent manner; (c) without authority granted by the Corporation, permit an animal (except a guide dog for the blind) belonging to him or in his charge, to enter or remain in Ocean Park; (d) without authority granted by the Corporation, fly a kite, model aircraft, balloon with a metallic coating or other similar device in Ocean Park; (e) play any ball game, or go, ride or move on any device or shoe fitted with wheels (other than a vehicle described in section 12(4)) in Ocean Park except in a part of Ocean Park designated by the Corporation by notice for use for such purposes; (f) without authority granted by the Corporation, use a loudspeaker or other public addressing equipment in Ocean Park; or (g) obstruct or interfere with an attendant in the lawful exercise of his duties.(6) A person who contravenes subsection (5) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (7) A person shall not- (a) without authority granted by the Corporation, remove or interfere with any equipment, apparatus, fitting or facility in Ocean Park; (b) without authority granted by the Corporation, climb a perimeter wall, fence, post, barrier or other structure enclosing Ocean Park or a part of Ocean Park; (c) bath in, paddle, wade, wash in or pollute an aquarium, tank, pond, trough, fountain, pool, stream or river in Ocean Park; (d) act in a manner likely to endanger persons or property in Ocean Park; (e) without authority granted by the Corporation, remove, interfere with, damage or injure any flora in Ocean Park or climb any tree in Ocean Park; (f) without authority granted by the Corporation, feed, touch or interfere with an animal in Ocean Park; (g) when feeding or touching an animal in Ocean Park with authority granted by the Corporation, fail to comply with the direction of an attendant given in respect of such feeding or touching; (h) without authority granted by the Corporation, remove an animal from Ocean Park (except where a person removes a guide dog for the blind belonging to him or in his charge); (i) without authority granted by the Corporation, injure or kill an animal in Ocean Park; (j) ill-treat an animal in Ocean Park; (k) without authority granted by the Corporation, light any fire, barbecue or otherwise cook food in Ocean Park; (l) deface or damage any part of Ocean Park or any property of the Corporation in Ocean Park; (m) in Ocean Park, without the prior written approval of the Corporation, deliver a public speech, public lecture or public sermon or conduct a religious assembly that may interfere with the operation of Ocean Park; (n) without the prior written approval of the Corporation, conduct or enter into any public discussion or public debate, or conduct or take part in any public meeting or public procession in Ocean Park; or (o) gamble in Ocean Park.(8) A person who contravenes subsection (7) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 6 Children (1) A person who has attained the age of 15 accompanying a child in Ocean Park shall- (a) use his best endeavour to prevent the child from contravening any provision of this Bylaw; (b) use his best endeavour to prevent the child from behaving in Ocean Park in a manner likely to endanger persons or property; and (c) be responsible for the custody or care of the child in Ocean Park.(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. Cap 388B s 7 Hawkers and bill posters (1) A person shall not, without authority in writing granted by the Corporation, hawk, offer for sale or sell any article or service in Ocean Park. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. (3) A person shall not, without authority in writing granted by the Corporation, post any bill, placard or notice in Ocean Park. (4) A person shall not, without authority in writing granted by the Corporation, distribute in Ocean Park any book, pamphlet or other printed matter or any sample of goods. (5) A person who contravenes subsection (3) or (4) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. Cap 388B s 8 Firearms, offensive weapons and dangerous goods (1) A person shall not, except with lawful authority, bring into Ocean Park or have in his possession in Ocean Park any firearm, ammunition or offensive weapon of any description. (2) A person shall not, except with lawful authority, throw a stone or missile or discharge a gun, air gun, bow and arrow, catapult or other similar device in Ocean Park. (3) A person shall not, except with lawful authority, bring into Ocean Park or have in his possession in Ocean Park any dangerous goods as defined in section 2 of the Dangerous Goods Ordinance (Cap 295). (4) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 9 Photography (1) A person shall not, without authority in writing granted by the Corporation, take any photograph or make any video or cinematograph recording in Ocean Park with a view to selling, publishing or publicly exhibiting the photograph, video or cinematograph recording (as the case may be) in the course of business for advantage or gain. (2) If a person, without authority in writing granted by the Corporation, takes a photograph or makes a video or cinematograph recording in Ocean Park with a view to its sale, publication or public exhibition in the course of business for advantage or gain, the person shall on request by the Corporation or an attendant- (a) destroy the photograph, video or cinematograph (as the case may be) and any copies thereof; and (b) destroy the relevant film, video cassette, computer diskette or other similar storage medium and any copies thereof or erase any data from which the photograph, video or cinematograph may be reproduced.(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (4) A person in Ocean Park shall observe and comply with a restriction imposed on the use of any flash-light or bright light in a part of Ocean Park designated by the Corporation by notice as being subject to such a restriction. (5) A person who contravenes subsection (4) commits an offence and is liable on conviction to a fine at level 1. Cap 388B s 10 Tickets (1) A person who has attained the age of 12 and has been issued with a ticket for entering Ocean Park shall retain the ticket whilst in Ocean Park and shall on request by an attendant produce the ticket. (2) If a child has been issued with a ticket for entering Ocean Park, the person who is responsible for the custody or care of the child shall retain the ticket whilst in Ocean Park and shall on request by an attendant produce the ticket. Cap 388B s 11 Lost property (1) A person who comes into possession of any property in Ocean Park that appears to have been lost or misplaced by another person shall as soon as practicable hand over the property to an attendant or a police officer. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (3) Any lost property which comes into the Corporation's possession shall- (a) in the case of perishable, noxious or otherwise offensive goods or articles, be disposed of by the Corporation by sale or otherwise as soon as practicable after they have come into its possession; or (b) in any other case, be retained by the Corporation for a period of 3 months after the property has come into the Corporation's possession and, if at the end of that period the property remains unclaimed, shall be deemed to become the property of the Corporation free of all rights and encumbrances and the Corporation may dispose of the property by sale or otherwise.(4) If within a period of 12 months of any sale or disposal by the Corporation under subsection (3)(a) or (b), the former owner or the person formerly entitled to the beneficial ownership of the property proves his ownership to the satisfaction of the Corporation, he shall be paid, subject to his providing the Corporation with an indemnity in such form as the Corporation may reasonably require, the proceeds of sale (if any) less all expenses of and incidental to such sale or disposal and, in the case of a motor vehicle, the cost of publishing a notice in accordance with section 21(4)(b) (if any) incurred by the Corporation. (5) Save as provided in subsection (4), the Corporation shall incur no liability to any person in respect of any lost property as bailees or otherwise. Cap 388B s 12 Prohibition of vehicles (1) A person shall not, without authority granted by the Corporation, drive, bring or cause to be brought a motor vehicle into a part of Ocean Park other than a car park. (2) A person shall not, without authority granted by the Corporation, drive, bring or cause to be brought a vehicle other than a motor vehicle into Ocean Park. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (4) Subsection (2) shall not apply to a wheel-chair, perambulator, chair or sedan which is propelled, drawn or carried by hand or propelled by battery and used solely for the conveyance of a child or an invalid or disabled person. (5) The person in charge of a vehicle described in subsection (4)- (a) shall not cause the vehicle to move in Ocean Park in a manner likely to endanger persons or property; (b) shall comply with any speed restrictions imposed by an attendant; and (c) shall not wheel or station the vehicle over- (i) any flower-bed, shrub, plant or any ground in the course of preparation as a flower-bed or for the planting of any trees, shrubs or plants; or (ii) a part of Ocean Park where such wheeling or stationing is prohibited by a notice.(6) A person who contravenes subsection (5) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 13 Age (1) If an attendant reasonably suspects a person in Ocean Park does not meet the age requirement under any provision of this Bylaw, the attendant may request the person to produce proof of his age. (2) In the absence of proof of age of any person, the age of that person as determined by the attendant concerned in his absolute discretion shall be that person's age for the purposes of this Bylaw. Cap 388B s 14 Contravention and enforcement (1) If an attendant reasonably suspects that a person in Ocean Park has contravened any provision of this Bylaw, the attendant may, on advising the person of the act or omission which constitutes the suspected contravention, request that person to produce proof of his identity and his true address. (2) A person who fails to produce proof of his identity and his true address under subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (3) If- (a) an attendant reasonably suspects that a person in Ocean Park has contravened any provision of this Bylaw; or (b) a person in Ocean Park does not comply with the direction of an attendant or the direction in a notice posted by the Corporation,the attendant may request that person to leave Ocean Park or a part of Ocean Park. (4) A person who fails to leave Ocean Park or a part of Ocean Park (as the case may be) at a request under subsection (3)- (a) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month; and (b) may be removed from Ocean Park or that part of Ocean Park (as the case may be) by an attendant or a public officer authorized in that behalf by the Corporation, by force if necessary.(5) If an attendant reasonably suspects that a person has committed an offence punishable by imprisonment under this Bylaw, the attendant may- (a) detain the person until the person is delivered into the custody of a police officer to be dealt with according to law; or (b) require the person to accompany him either to the office of the Corporation or to a police station. Cap 388B s 15 Use of car parks PART 3 CAR PARKS (1) A person shall not park a motor vehicle in an area of a car park designated by the Corporation by notice for the parking of a particular class of motor vehicle to which the motor vehicle does not belong. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (3) The driver of a motor vehicle plying for hire shall not drive the motor vehicle into a car park unless the motor vehicle- (a) has been hired to take a visitor to Ocean Park; and (b) is parked for the purposes of waiting for taking that visitor away from Ocean Park.(4) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. Cap 388B s 16 Conduct of public (1) Except with authority granted by the Corporation, a person shall not- (a) where the relevant parking charge is payable prior to the admission of a motor vehicle to a car park, drive a motor vehicle into the car park without first having paid the parking charge as specified by the Corporation from time to time by notice at the entrance to the car park; (b) where the relevant parking charge is payable at the time a motor vehicle leaves a car park, drive a motor vehicle out of the car park without- (i) having obtained a parking ticket at the time of entering the car park; and (ii) having paid the parking charge as specified by the Corporation from time to time by notice at the entrance to the car park;(c) park a motor vehicle in a car park in such a manner that the motor vehicle unnecessarily projects over any line or other mark that delineates the parking space in which the motor vehicle is parked; or (d) wash or cause to be washed a motor vehicle in a car park.(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1. (3) A person shall not park a motor vehicle contrary to the direction of an attendant. (4) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (5) A person shall not- (a) drive a motor vehicle into or out of a car park other than through an entrance or exit designated as such by the Corporation by notice at such an entrance or exit; (b) without authority granted by the Corporation, drive a motor vehicle into a car park or leave a motor vehicle parked in a car park at any time when the car park has been designated by the Corporation by notice at the entrance to the car park as being closed to the public; (c) deface or damage any motor vehicle or property in a car park; (d) without authority granted by the Corporation, drive in a car park otherwise than in accordance with the directional signs and indications exhibited by the Corporation for the direction or regulation of traffic; (e) without authority granted by the Corporation, park a motor vehicle otherwise than in a space designated as a parking space in a car park; (f) park a motor vehicle or cause a motor vehicle to wait in a circulation lane in a car park, or in such a manner as may cause an obstruction to circulating motor vehicles; (g) obstruct an entrance to or exit from a car park or remain stationary at an exit or elsewhere in a car park for a period longer than is necessary to obtain a parking ticket or pay a parking charge, unless directed to remain stationary by an attendant; (h) without authority granted by the Corporation, interfere with the operation of a car park; (i) drive or bring into a car park a motor vehicle from which oil is freely escaping; (j) without authority granted by the Corporation, permit a motor vehicle belonging to him or in his charge, which cannot move away from a car park under its own power, to remain in the car park for a period longer than is reasonably necessary to enable its removal; (k) having caused any damage to a motor vehicle or object in a car park or any injury to a person in a car park, leave the car park without reporting the damage or injury to an attendant; (l) make any repairs to or permit any repairs to be made to a motor vehicle in a car park other than minor repairs as are necessary to enable the motor vehicle to move away from the car park under its own power; (m) activate the audible warning device of a motor vehicle in a car park without reasonable justification; or (n) drive in a car park in a manner likely to endanger persons or property.(6) A person who contravenes subsection (5) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 17 Driving licence (1) A person shall not drive a motor vehicle into or in a car park unless he is the holder of a valid driving licence, other than a learner's driving licence, of the class to which the motor vehicle belongs. (2) The owner of or a person in charge of a motor vehicle shall not permit another person to drive the motor vehicle into or in a car park unless that other person is the holder of a valid driving licence, other than a learner's driving licence, of the class to which the motor vehicle belongs. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 18 Refusal of admittance (1) An attendant may refuse any motor vehicle to enter or remain in a car park at any time if the refusal is necessary to ensure safety or order. (2) A person who- (a) drives or brings a motor vehicle into a car park after the motor vehicle has been refused to enter by an attendant; or (b) fails to drive or bring the motor vehicle out of the car park immediately after having been requested by an attendant to do so,commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 19 Retention of parking ticket (1) A person who has parked a motor vehicle in a car park and who has received a parking ticket as evidence to prove- (a) the payment of the relevant parking charge; or (b) the time of entry to the car park,shall retain the ticket whilst in Ocean Park and shall produce the ticket when required by an attendant. (2) If a person is unable to produce a parking ticket under subsection (1), he may not remove a motor vehicle from a car park unless and until- (a) he produces proof of his authority to remove the motor vehicle to the satisfaction of an attendant; and (b) he has paid the relevant parking charge.(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. Cap 388B s 20 Supplying particulars (1) A person using a car park shall on demand supply an attendant with his name, true address and the particulars recorded on his driving licence, identity card or document of identity. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. Cap 388B s 21 Removal of motor vehicles (1) If section 15(1) or (3), 16(1)(a) or (c), (3) or (5)(b), (e), (f), (g), (i) or (j) or 18(2) is contravened or a motor vehicle is parked in a part of Ocean Park other than a car park- (a) the Corporation or its agent may remove the relevant motor vehicle from where it is parked and shall be under no liability to the owner, hirer or other user of the motor vehicle for any damage caused to the motor vehicle in the process of or consequential upon the removal; or (b) in the case of contravention of section 16(1)(a) or (5)(b) or (j), the Corporation may permit the motor vehicle to park or park after the expiry of the permitted duration but impose additional parking charges in respect of such parking or excess parking at a scale of fees determined by the Corporation.(2) A motor vehicle removed under subsection (1)(a) may be detained by the Corporation until there is paid to the Corporation- (a) all overdue parking charges (if any); (b) either of the following- (i) the cost incurred by the Corporation if a contractor is engaged to remove the motor vehicle; or (ii) the sum of $2000 if the motor vehicle is removed by an employee or servant of the Corporation; and(c) the cost of publishing a notice in accordance with subsection (4)(b) (if any) incurred by the Corporation.(3) The owner of the motor vehicle concerned, if in default of payment under subsection (2), commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (4) If a motor vehicle detained under subsection (2) is not claimed within 3 days after its detention, the Corporation shall- (a) serve by post on the registered owner of the motor vehicle a notice informing him- (i) of the detention of the motor vehicle and the place of detention; and (ii) that unless the motor vehicle is removed from the place of detention, on payment of any charges and costs payable under subsection (2), within 25 days after the service of the notice on him, the motor vehicle- (A) shall be deemed to be lost property from the date the motor vehicle comes into the Corporation's possession; and (B) may be disposed of in the manner prescribed in section 11(3), (4) and (5); and(b) if the motor vehicle is not removed in accordance with the notice within 7 days after the service of the notice, publish, or cause to be published, not later than 14 days after such service, that notice once each in an English language newspaper and a Chinese language newspaper published daily and circulating generally in Hong Kong.(5) If a motor vehicle is not removed in accordance with a notice served and published under subsection (4), the motor vehicle- (a) shall be deemed to be lost property from the date the motor vehicle comes into the Corporation's possession; and (b) may be disposed of in the manner prescribed in section 11(3), (4) and (5). Cap 388B s 22 Conduct of public PART 4 ROPEWAY (1) A person shall not- (a) without authority granted by the Corporation, embark on or travel by the Ropeway without having first paid the admission fee (if any) specified by the Corporation; or (b) spit in an unhygienic manner or smoke on the Ropeway premises or a cable car, or spit from a cable car.(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1. (3) A person shall not- (a) without authority granted by the Corporation, enter a part of the Ropeway premises that is designated by the Corporation by notice or other directions as being closed or prohibited from access by the public; (b) board a cable car other than at a boarding platform or other than from the side of the cable car adjacent to the platform; (c) alight from a cable car other than at an alighting platform or other than from the side of the cable car adjacent to the platform; (d) after a single journey on a cable car, fail to alight from the cable car when it arrives at an alighting platform; (e) climb over any barrier or gate erected on the Ropeway premises; (f) obstruct the approaches to a platform or impede or hamper the movements of persons on a platform; (g) take any item on the Ropeway that is of a size or nature which in the opinion of an attendant may cause annoyance or inconvenience to other passengers; or (h) fail to comply with the reasonable direction of an attendant to occupy a seat in a cable car.(4) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (5) A person shall not- (a) without authority granted by the Corporation, open, close or interfere with the door of a cable car; (b) throw or discharge any object from a cable car; (c) stretch any part of his body out of a cable car; (d) cause a cable car to rock or sway or generally interfere with the efficient running or safety of the Ropeway; (e) whilst aboard a cable car, fail to remain seated except- (i) when boarding or alighting from the cable car; or (ii) under the direction of an attendant if a cable car becomes disabled, damaged or unable to proceed;(f) obstruct an entrance to the Ropeway or impede or hamper the movement of a cable car; or (g) cut, soil or damage the seating accommodation or any other part of a cable car, or remove or deface any notice in or on a cable car or otherwise damage a cable car.(6) A person who contravenes subsection (5) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 23 Children on Ropeway (1) A child shall not embark on or travel by the Ropeway unless he is accompanied by a person who has attained the age of 15. (2) The person accompanying a child on the Ropeway shall use his best endeavour to prevent the child from behaving on the Ropeway in a manner likely to endanger persons or property. (3) A person accompanying a child under 3 years of age on the Ropeway shall hold the child whilst the child is on a platform or boarding or alighting from a cable car. (4) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 24 Restriction on number of passengers (1) The maximum capacity of a cable car is 6 passengers. (2) No person shall board a cable car if every seat in the cable car is occupied. (3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 25 Application of Part 5 PART 5 AMUSEMENT RIDES Division 1—General provisions (1) The provisions of this Part only apply to an attraction or amusement ride specified in column 1 of the Schedule, subject to the provisions of Division 2 of this Part. (2) In this Part and the Schedule, unless the context otherwise requires- "amusement ride" (机动游戏机) includes an amusement ride in an attraction; "passenger" (乘客) means a passenger on an amusement ride; "spectator" (观众) means a spectator in an attraction. Cap 388B s 26 Restriction on number of spectators or passengers (1) The maximum capacity of an attraction or amusement ride mentioned in column 1 of the Schedule is the number of spectators or passengers (as the case may be) specified opposite to it in column 2 of that Schedule. (2) A person shall not- (a) in the case of an attraction, enter the attraction if the number of spectators inside the attraction has reached the maximum capacity; or (b) in the case of an amusement ride, mount the amusement ride if the number of passengers on the amusement ride has reached the maximum capacity.(3) A person shall comply with the direction of an attendant- (a) in the case of an attraction, not to enter, not to leave or to leave an attraction; or (b) in the case of an amusement ride, not to mount, not to dismount from or to dismount from an amusement ride.(4) A person shall comply with the direction of an attendant to leave the immediate vicinity of an attraction or amusement ride. (5) A person who contravenes subsection (2), (3) or (4) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. Cap 388B s 27 Absolute restrictions (1) This section is subject to the provisions of Division 2 of this Part. (2) An attendant may refuse a person to enter or remain in an attraction or mount or remain on an amusement ride if the attendant reasonably believes that the refusal is necessary to ensure safety or order or the safe operation of the attraction or amusement ride (as the case may be). (3) A person who- (a) enters or remains in an attraction, or mounts or remains on an amusement ride, after having been refused to enter or mount (as the case may be) by an attendant; and (b) fails to leave the attraction or dismount from the amusement ride (as the case may be) immediately after having been requested by an attendant to leave or dismount (as the case may be),commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. (4) A person shall not, where applicable- (a) ride an amusement ride in the Whiskers' Wild Ride if his height is less than the height specified opposite to the Whiskers' Wild Ride in column 3 of the Schedule; or (b) ride an amusement ride mentioned in column 1 of the Schedule if his height is less than the height specified opposite to that amusement ride in column 3 of that Schedule,and the person responsible for the custody or care of a child shall use his best endeavour to prevent the child from riding an amusement ride if the child's height is less than the height so specified. (5) A pregnant woman shall not enter an attraction or ride an amusement ride. (6) A passenger shall not stretch any part of his body out of an amusement ride except when mounting or dismounting from the amusement ride. (7) A spectator or passenger shall not bring any food or drink aboard an amusement ride. (8) Whilst aboard an amusement ride, a spectator or passenger shall not stand up except when mounting or dismounting from the amusement ride. (9) A person shall, before mounting or whilst aboard an amusement ride, comply with the direction of an attendant to remove sandals, slippers, spectacles, hats, bags, umbrellas or other objects that in the opinion of the attendant is likely to endanger persons or property. (10) A person shall not damage, tamper or interfere with the safety device (including a gate) or any other part of an attraction or amusement ride. (11) A person shall comply with the direction of an attendant as to where to sit on an amusement ride or in a gondola or compartment (if any) of an amusement ride. (12) A person shall comply with the direction of an attendant to fill up the capacity of an attraction or amusement ride or a gondola or compartment (if any) of an amusement ride. (13) A person shall not eat or drink in an attraction or on an amusement ride. (14) A person shall not spit in an unhygienic manner, smoke, or dispose of any litter in or in the vicinity of an attraction or on or in the vicinity of an amusement ride. (15) A person who contravenes subsection (4), (5), (6), (7), (8), (9), (10), (11) or (12) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. (16) A person who contravenes subsection (13) or (14) commits an offence and is liable on conviction to a fine at level 1. Cap 388B s 28 Suitability to ride (1) A person- (a) in a state of intoxication; (b) with a known history of heart complaints, high blood pressure, neck or back problems, spinal problems or other precarious health conditions; or (c) in any other condition,which may render or be likely to render him not suitable to ride an amusement ride or incapable of taking care of himself or persons under his custody or care shall not ride an amusement ride. (2) A person who is in any doubt as to his suitability to ride an amusement ride shall consult an attendant. Cap 388B s 29 Abyss Turbo Drop Division 2—Additional provisions (1) A passenger shall keep the safety belt provided for his seat fastened and keep the over-the-shoulder restraint provided for his seat locked at all times whilst aboard the Abyss Turbo Drop except when mounting or dismounting from the Abyss Turbo Drop. (2) A person with a known history of vertigo due to dropping from a height or diseases of the respiratory system which may render or be likely to render him not suitable to ride an amusement ride or incapable of taking care of himself or persons under his custody or care shall not ride the Abyss Turbo Drop. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 30 Balloons Up-Up-And-Away (1) A person whose height is less than 90 cm shall not ride the Balloons Up-Up-And-Away without being accompanied by another person who has attained the age of 15 and is of 90 cm or above in height. (2) A person who is responsible for the custody or care of a child under 1 year of age shall use his best endeavour to prevent the child from riding the Balloons Up-Up-And-Away. (3) A person who is responsible for the custody or care of a child whose height is less than 90 cm shall use his best endeavour to prevent the child from riding the Balloons Up-Up-And-Away without being accompanied by a person who has attained the age of 15 and is of 90 cm or above in height. (4) A passenger shall keep the safety belt provided for his seat fastened at all times whilst aboard the Balloons Up-Up-And-Away except when mounting or dismounting from the Balloons Up-Up-And-Away. (5) Section 27(4) does not apply to the Balloons Up-Up-And-Away. (6) A person who contravenes subsection (1), (2), (3) or (4) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 31 Clown-A-Round (1) A person who has attained the age of 12 years shall not ride the Clown-A-Round. (2) A person who is responsible for the custody or care of a child shall use his best endeavour to prevent the child from riding the Clown-A-Round if the child is- (a) under 2 years of age; or (b) more than 152.5 cm in height.(3) A passenger shall keep the safety bar provided for his seat locked at all times whilst aboard the Clown-A-Round except when mounting or dismounting from the Clown-A-Round. (4) Section 27(4) does not apply to the Clown-A-Round. (5) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 32 Crazy Galleon (1) A passenger shall keep the safety bar provided for his seat locked at all times whilst aboard the Crazy Galleon except when mounting or dismounting from the Crazy Galleon. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 33 Dragon (1) A passenger shall keep the over-the-shoulder restraint provided for his seat locked at all times whilst aboard the Dragon except when mounting or dismounting from the Dragon. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 34 Ferris Wheel (1) A person whose height is less than 122 cm shall not ride the Ferris Wheel without being accompanied by another person who has attained the age of 15 and is of 122 cm or above in height. (2) A person who is responsible for the custody or care of a child under 1 year of age shall use his best endeavour to prevent the child from riding the Ferris Wheel. (3) A person who is responsible for the custody or care of a child whose height is less than 122 cm shall use his best endeavour to prevent the child from riding the Ferris Wheel without being accompanied by a person who has attained the age of 15 and is of 122 cm or above in height. (4) Section 27(4) does not apply to the Ferris Wheel. (5) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 35 Flying Swing (1) A passenger shall keep the safety belt provided for his seat fastened and keep the safety bar provided for his seat locked at all times whilst aboard the Flying Swing except when mounting or dismounting from the Flying Swing. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 36 Frog Hopper (1) A person shall not mount the Frog Hopper if the total weight of the passengers already on the Frog Hopper together with the weight of that person exceeds 317 kg. (2) A passenger shall keep the safety bar provided for his seat locked at all times whilst aboard the Frog Hopper except when mounting or dismounting from the Frog Hopper. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 37 Fun Train (1) A person whose height is less than 107 cm shall not ride the Fun Train without being accompanied by another person who has attained the age of 15 and is of 107 cm or above in height. (2) A person who is responsible for the custody or care of a child whose height is less than 107 cm shall use his best endeavour to prevent the child from riding the Fun Train without being accompanied by a person who has attained the age of 15 and is of 107 cm or above in height. (3) A passenger shall not mount or dismount from the Fun Train until instructed to do so by an attendant. (4) Section 27(4) and (5) does not apply to the Fun Train. (5) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 38 Kiddie ride (1) A person who has attained 12 years of age or whose weight exceeds 100 kg shall not ride a kiddie ride. (2) A person who is responsible for the custody or care of a child shall use his best endeavour to prevent the child from riding a kiddie ride in a manner likely to endanger persons or property. (3) Section 27(4) does not apply to a kiddie ride. (4) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 39 Merry-Go-Round (1) A person whose height is less than 107 cm shall not ride a horse on the Merry-Go-Round without being accompanied by a standing person who has attained the age of 15 and is of 107 cm or above in height. (2) A person whose height is less than 107 cm shall not ride a Chariot (as called by the Corporation) on the Merry-Go-Round without being accompanied by another person who has attained the age of 15 and is of 107 cm or above in height. (3) A person who is responsible for the custody or care of a child under 1 year of age shall use his best endeavour to prevent the child from riding a horse on the Merry-Go-Round. (4) A person who is responsible for the custody or care of a child whose height is less than 107 cm shall use his best endeavour to prevent the child from riding a horse on the Merry-Go-Round without being accompanied by a standing person who has attained the age of 15 and is of 107 cm or above in height. (5) A person who is responsible for the custody or care of a child whose height is less than 107 cm shall use his best endeavour to prevent the child from riding a Chariot (as called by the Corporation) on the Merry-Go-Round without being accompanied by a person who has attained the age of 15 and is of 107 cm or above in height. (6) Section 27(4) does not apply to the Merry-Go-Round. (7) Section 27(8) does not apply to a standing person described in subsection (1) or (4). (8) A person who contravenes subsection (1), (2), (3), (4) or (5) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 40 Mine Train (1) A passenger shall keep the safety belt provided for his seat fastened and keep the safety bar provided for his seat locked at all times whilst aboard the Mine Train except when mounting or dismounting from the Mine Train. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 41 Ocean Park Tower (1) A person whose height is less than 122 cm shall not ride the Ocean Park Tower without being accompanied by another person who has attained the age of 15 and is of 122 cm or above in height. (2) A person who is responsible for the custody or care of a child whose height is less than 122 cm shall use his best endeavour to prevent the child from riding the Ocean Park Tower without being accompanied by a person who has attained the age of 15 and is of 122 cm or above in height. (3) A person shall not lean on the window of the Ocean Park Tower. (4) Section 27(4) does not apply to the Ocean Park Tower. (5) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 42 Raging River (1) A person whose height is less than 122 cm shall not ride the Raging River without being accompanied by another person who has attained the age of 15 and is of 122 cm or above in height. (2) A person who is responsible for the custody or care of a child under 3 years of age shall use his best endeavour to prevent the child from riding the Raging River. (3) A person who is responsible for the custody or care of a child whose height is less than 122 cm shall use his best endeavour to prevent the child from riding the Raging River without being accompanied by a person who has attained the age of 15 and is of 122 cm or above in height. (4) Section 27(4) does not apply to the Raging River. (5) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 43 Toto The Loco (1) A person whose height is less than 90 cm shall not ride the Toto The Loco without being accompanied by another person who has attained the age of 15 and is of 90 cm or above in height. (2) A person who is responsible for the custody or care of a child whose height is less than 90 cm shall use his best endeavour to prevent the child from riding the Toto The Loco without being accompanied by a person who has attained the age of 15 and is of 90 cm or above in height. (3) A passenger shall not mount or dismount from the Toto The Loco until instructed to do so by an attendant. (4) Section 27(4) and (5) does not apply to the Toto The Loco. (5) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B s 44 Whiskers' Wild Ride (1) A person shall not take a flash photograph, or use any video or audio recording equipment, in the Whiskers' Wild Ride. (2) A spectator shall keep the safety belt provided for his seat fastened at all times whilst aboard the amusement ride in the Whiskers' Wild Ride except when mounting or dismounting from the amusement ride. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months. Cap 388B SCHEDULE [sections 25, 26(1) & 27(4)] MAXIMUM CAPACITY AND MINIMUM HEIGHT Column 1 Column 2 Column 3 Attraction or amusement ride Maximum capacity Minimum height of spectator or passenger Abyss Turbo Drop 12 passengers on each tower 132 cm Balloons Up-Up-And-Away 40 passengers (not more than 5 in each gondola) Not applicable Clown-A-Round 12 passengers (not more than 2 in each gondola) Not applicable Crazy Galleon 54 passengers (not more than 6 in each row) 122 cm Dragon 28 passengers (not more than 4 in each compartment) 132 cm Eagle 56 passengers (not more than 2 in each gondola) 122 cm Ferris Wheel 106 passengers (not more than 6 in each normal gondola and not more than 4 in each gondola for disabled persons) Not applicable Flying Swing 32 passengers 122 cm Frog Hopper 7 passengers 90 cm Fun Train 24 passengers of 12 years of age or above; or 32 passengers (of which the number of passengers of 12 years of age or above being not more than 23) Not applicable Kiddie ride(s) The number of passenger(s) as specified on the notice posted by the Corporation on the relevant kiddie ride Not applicable Merry-Go-Round 38 passengers (not more than 1 on each horse and not more than 4 in each Chariot) Not applicable Mine Train 26 passengers (not more than 4 in each compartment) 122 cm Ocean Park Tower 72 passengers Not applicable Raging River 4 passengers in a boat Not applicable Space Wheel 40 passengers (not more than 2 in each gondola) 122 cm Toto The Loco 6 passengers under 12 years of age in each locomotive; or 4 passengers in each locomotive (of which the number of passengers of 12 years of age or above being not more than 2) Not applicable Whiskers' Wild Ride 100 spectators 107 cm
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