An Ordinance to regulate amusement game centres. (Enacted 1993) [1 December 1993] L.N. 444 of 1993 (Originally 64 of 1993) Cap 435 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Amusement Game Centres Ordinance. (2) (Omitted as spent) (Enacted 1993) Cap 435 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) In this Ordinance, unless the context otherwise requires- "amusement game centre" (游戏机中心) means, subject to section 3, any place in which there is installed or placed for use or operation for the purpose, in whole or in part, of amusement, recreation or entertainment on payment directly or indirectly of any consideration in money or money's worth, any machine or device- (a) which enables or is capable of enabling any person by any means whatever to release, set in motion, manipulate, control or direct the movement of any ball, projectile, or other object, and registers any score or combination in any manner whatever; or (b) which enables or is capable of enabling any person by any means whatever to release, set in motion, manipulate, control or direct the movement of any image, signal or electrical impulse; or (c) which upon the insertion therein by any person of any coin, token, disc, card or object, produces or is capable of producing to him any prize, coin, token or disc or any other object or article whatever; or (d) specified in Schedule 1,not being a machine or device specified in Schedule 2; "Appeal Board" (上诉委员会) means the Appeal Board constituted under section 13; "Chairman" (主席) means the person appointed as Chairman of the Appeal Board under section 12; "Commissioner" (处长) means the Commissioner for Television and Entertainment Licensing; "licence" (牌、牌照) means a licence granted under section 5 or renewed under section 8 to operate an amusement game centre; "licensee" (持牌人) means a person to whom a licence has been granted; "machine or device" (机器或装置) means any machine or device of a class specified in paragraph (a), (b) or (c) of the definition "amusement game centre" or in Schedule 1; "place" (地方) includes any place whether on land or water; "playing" (玩), in relation to a game means the use or operation for the purpose, in whole or in part, of amusement, recreation or entertainment on payment directly or indirectly of any consideration in money or money's worth, of any machine or device; "Secretary" means the Secretary for Home Affairs. (Amended L.N. 120 of 1995; L.N. 372 of 1996; L.N. 192 of 1998; L.N. 206 of 1998) (2) The Chief Executive in Council may by order include any machine or device in or amend Schedule 1. (Amended 59 of 2000 s. 3) (3) The Secretary may by order include any machine or device in or amend Schedule 2. (4) An order under subsection (2) or (3) shall be published in the Gazette. (Enacted 1993) Cap 435 s 3 Exemption (1) The Secretary may for reasons connected with the operation, keeping, management or other control of an amusement game centre by order exempt- (a) any place or class or description of places; and (b) any trade, business or occupation situated or carried on within any area specified in the order,from the operation of this Ordinance or any part thereof. (2) An order under subsection (1) shall be published in the Gazette and may- (a) be made subject to such conditions; (b) be made subject to such geographical limitations; (c) have effect for such period of time; or (d) have such partial application,as may be indicated in the order. (Enacted 1993) Cap 435 s 4 Prohibition on operating an amusement game centre without a licence (1) Any person who on any occasion- (a) operates, keeps, manages or otherwise has control of, an amusement game centre in regard to the operation of which a licence is not in force; or (b) in any capacity assists, either directly or indirectly, in the operation, keeping, management or other control of an amusement game centre in regard to the operation of which a licence is not in force,commits an offence. (2) It shall not be a defence that a person charged with an offence under subsection (1) did not know that the operation of the amusement game centre which is the subject of the offence was not licensed. (3) Any person who commits an offence under subsection (1) shall be liable- (a) on first conviction, to a fine of $100000 and to imprisonment for 6 months; (b) on a second or subsequent conviction, to a fine of $200000 and to imprisonment for 1 year; (c) on any conviction, to a fine of $20000 for each day during which the offence continues. (Enacted 1993) Cap 435 s 5 Application for and grant of a licence PART II LICENCES (1) An application by a person for a licence shall be- (a) made to the Commissioner in such form and manner as the Commissioner may determine; (b) accompanied by such information, particulars and plans as the Commissioner may require; and (c) accompanied by the prescribed fee payable for an application for a licence.(2) Notice of an application made under subsection (1) by a person applying for a licence, in such form and containing such particulars as the Commissioner may require, shall be furnished to the Commissioner by the person so applying and shall be advertised by that person on not less than 2 occasions, in Chinese, in one Chinese language newspaper circulating in Hong Kong and on not less than 2 occasions, in English, in one English language newspaper circulating in Hong Kong. (3) Subject to subsection (4), the Commissioner may grant a licence, and may impose such conditions in relation to the operation, keeping, management or other control of the amusement game centre as he thinks fit. (4) The Commissioner shall not grant a licence unless he is satisfied in relation to the proposed operation of the amusement game centre, that- (a) the person applying for a licence is an individual person who- (i) has attained the age of 18 years; (ii) is a fit and proper person to operate an amusement game centre; (iii) will adequately and personally supervise the operation of the amusement game centre; (iv) is not the agent, representative or servant of any person whose licence has been revoked or whose application to renew a licence has been refused under section 9;(b) the place of proposed operation is- (i) suitable for the operation of an amusement game centre; and (ii) located in an area suitable for the operation of an amusement game centre.(5) In the making of a decision under subsection (4)(b) the Commissioner, without affecting the generality of that subsection, may take into account the views of persons whose place of residence or employment is within the District of the place of proposed operation. (6) Where the Commissioner refuses to grant a licence he shall make a written order, properly dated and signed, to that effect adequately stating by reference to subsection (4)(a) or (b), the matter in respect of which he is not satisfied and shall send a copy thereof by registered post to the applicant, at the address last known to the Commissioner. (7) A licence granted under this section shall- (a) be in such form as the Commissioner may determine; (b) not take effect except on payment of the prescribed fee payable for the grant of a licence; (c) authorize the licensee to operate an amusement game centre- (i) with such number and type of machines or devices; (ii) for the playing of such type of games by persons of such category or description- (A) who are under the age of 16 years; or (B) who have attained the age of 16 years;(iii) at such place; and (iv) for a period of 12 months or such lesser period, as shall be indicated therein.(8) In subsection (5), "District" (地方行政区) has the meaning assigned to it by the District Councils Ordinance (Cap 547). (Replaced 8 of 1999 s. 89) (Enacted 1993) Cap 435 s 6 Transfer of a licence (1) Except as provided in this section a licence shall not be transferable. (2) The Commissioner may on application in writing to him, showing sufficient cause to his satisfaction, and on payment of the prescribed fee payable for an application for a transfer, permit the transfer of an existing licence until its expiration to another person, and such transfer shall be endorsed on the licence. (3) Where a licence is transferred under subsection (2), a reference in this section and in sections 5, 8, 9, 10, 18, 19, 20 and 23 and in any regulation made under section 18 to a licensee, shall be construed as a reference to the person to whom the licence has been transferred. (4) Where a licence is transferred under subsection (2) the Commissioner may in respect of the licence impose any condition in addition to or instead of any condition previously imposed by him under section 5(3). (5) Where the Commissioner refuses to permit the transfer of a licence under subsection (2), he shall give to the applicant, in writing, an adequate statement of the reasons for the refusal. (Enacted 1993) Cap 435 s 7 Grant or transfer of a licence to bodies corporate or partnerships (1) Where a body corporate or a partnership wishes to obtain a licence under section 5 a person authorized in that behalf shall apply as the agent or representative of the body corporate or the partnership and, if a licence is granted by the Commissioner, it shall be expressed to be granted to that person on behalf of the body corporate or the partnership, as the case may be. (2) Where a licence is transferred to a body corporate or a partnership under section 6(2), it shall be expressed to be transferred to a person authorized in that behalf as the agent or representative of the body corporate or the partnership, as the case may be. (Enacted 1993) Cap 435 s 8 Renewal of a licence (1) A licensee may, before the expiration of his licence, apply for his licence to be renewed for a period of 12 months or such lesser period as may be indicated by the licensee at the time of application. (2) 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 be made to the Commissioner- (a) not less than 60 days prior to the expiration of the licence or within such other period prior to the expiration thereof as the Commissioner may in writing permit; (b) in such form and manner as the Commissioner may determine,and be accompanied by such information, particulars and plans as the Commissioner may require. (4) The renewal of a licence under this section shall not have effect except on payment of the prescribed fee payable for the renewal of a licence and the Commissioner may in respect of the licence impose any condition in addition to or instead of any condition previously imposed by him under section 5(3). (5) Any licence in respect of which an application for renewal is made under 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 9, remain in effect until the determination by the Commissioner of such application. (6) The renewal of a licence under this section shall have effect on the day following the day upon which the licence would have expired but for subsection (5), for a period of 12 months or such lesser period as may be indicated by the Commissioner at the time of renewal. (7) The Commissioner shall deal with the determination of a refusal of the renewal of a licence in the manner provided in sections 9 and 10. (Enacted 1993) Cap 435 s 9 Revocation, suspension, refusal to renew; amendment or variation of conditions of a licence (1) The Commissioner may by notice in writing served upon the licensee either personally or by registered post- (a) revoke a licence; (b) suspend a licence for such period of time as he may think fit; (c) refuse to renew a licence; or (d) amend or vary the conditions of a licence,on any ground mentioned in subsection (2). (2) The grounds referred to in subsection (1) are that- (a) the licensee or any agent, representative or servant of the licensee, has been convicted of an offence under this Ordinance or any regulation made under section 18; (b) the Commissioner is satisfied that any false or misleading statement or information was made or furnished in connection with an application under section 5(1), 6(2), 7(1) or 8(1) to obtain or renew the licence, whether or not any person has been convicted of an offence under section 19(4); (c) the Commissioner is satisfied that a condition of the licence has been contravened, whether or not any person has been convicted of an offence under section 19(1) or (3); (d) the Commissioner has ceased to be satisfied of any matter in respect of which he is required to be satisfied under section 5(4)(a); (e) the Commissioner is satisfied that- (i) the licensed amusement game centre has ceased to be operated as such or to exit; (ii) the licensee has ceased to operate, keep, manage or otherwise control the licensed amusement game centre; or(f) the Commissioner is satisfied that the licensed amusement game centre has, on any occasion since the date on which the licence was granted, been operated in a manner contrary to the public interest. (Enacted 1993) Cap 435 s 10 Notice of revocation, suspension or refusal to renew (1) The Commissioner shall, before serving notice under section 9(1), give to the licensee notice of his intention to do so, adequately stating, by reference to section 9(2), the grounds on which he intends to serve the notice and indicating that the licensee may make written representations to him. (2) If the Commissioner decides to serve notice under section 9(1), he shall make a written order, properly dated and signed, to that effect and shall send a copy thereof by registered post to the licensee, at the address last known to the Commissioner. (Enacted 1993) Cap 435 s 11 Appeals against decisions of the Commissioner PART III APPEALS (1) Any person aggrieved by a decision of the Commissioner made in respect of him under section 5, 6, or 9 may appeal to the Appeal Board. (2) A decision under section 9 that is appealed against under subsection (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Commissioner, be contrary to the public interest and the notice of the decision contains a statement to that effect. (3) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 28 days after receiving notice of the decision to which the appeal relates. (Enacted 1993) Cap 435 s 12 Appeal Board Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) Every appeal shall be determined by the Appeal Board constituted under section 13. (2) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336). (Amended 59 of 2000 s. 3) (3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be reappointed. (4) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under section 13 as members of the Appeal Board to hear any appeal. (Amended 59 of 2000 s. 3) (5) An appointment under subsection (2) or (4) shall be notified in the Gazette. (6) The Chairman and any person appointed under subsection (4) may at any time resign by notice in writing to the Chief Executive. (Amended 59 of 2000 s. 3) (Enacted 1993) Cap 435 s 13 Constitution of Appeal Board Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 59 of 2000 s. 3 (1) The Appeal Board shall consist of the Chairman and such number of persons, being not less than 2, from the panel referred to in section 12(4) as the Chairman may, subject to subsection (3), appoint to be members thereof to hear any appeal. (2) In relation to the hearing of appeals every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the Chairman; in the case of an equality of votes the Chairman shall have a casting vote. (3) The Appeal Board shall not at any time consist of a majority of persons who are public officers. (4) Prior to or at the hearing of an appeal the Appeal Board may- (a) consider and determine whether a party should have access to documents which the party claims are relevant to the appeal and which are in the possession or control of another person and order that other person to give the party access to such documents; (b) receive evidence on oath and administer any oath necessary for that purpose; (c) admit or take into account any statement, document, information or matter whether or not it would be admissible in a court of law; (d) by notice in writing summon any person to appear before it to produce any document or other thing specified in the notice or to give evidence; (e) give directions to the Commissioner with respect to the exercise by the Commissioner of such of the functions of the Commissioner under this Ordinance as are relevant to the appeal and the Commissioner shall comply with any such direction; (f) confirm, vary or reverse the decision that is appealed against or substitute therefor such other decision or make such other order as it may think fit; and (g) make an award to the Commissioner or to the appellant of such sum, if any, in respect of the costs involved in the appeal as is just and equitable in all the circumstances of the case.(5) The Appeal Board shall have the powers which are vested in the Court of First Instance in the exercise of its powers under subsection (4). (Amended 25 of 1998 s. 2) (6) Any person who is served with a summons under subsection (4) and who- (a) on being summoned as a witness before the Appeal Board makes default in attending; (b) being in attendance as a witness refuses to take an oath required by the Appeal Board to be taken, or to produce any document or other thing in his possession or control required by the Appeal Board to be produced by him, or to answer any question to which the Appeal Board may require an answer; or (c) does any other thing which would, if the Appeal Board had been a court of law having power to commit for contempt, have been contempt of that court,commits an offence and is liable to a fine of $50000. (7) A witness before the Appeal Board shall be entitled to the same immunities and privileges as if he were a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2) (8) Any sum awarded to the Commissioner under subsection (4)(g) shall be a debt due from the appellant to the Government and recoverable in the District Court and any sum payable by the Commissioner to the appellant under such an award shall be charged on the general revenue. (Amended 59 of 2000 s. 3) (9) The Chairman may determine any form or matter of practice or procedure for which no provision is made in this Ordinance. Cap 435 s 14 Supplementary provisions relating to appeals Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chief Executive may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336) to act as Chairman and as such to exercise and perform all the functions of the Chairman during the period of his appointment. (Amended 59 of 2000 s. 3) (2) If a person appointed by the Chairman under section 13(1) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from the panel referred to in section 12(4) to act in his place. (3) The hearing of an appeal may be continued notwithstanding any change in the membership of the Appeal Board and no decision of the Appeal Board shall be questioned by virtue of the absence of a member of the Appeal Board during the hearing of an appeal provided that member does not participate in the final decision of the Appeal Board. (Enacted 1993) Cap 435 s 15 Case may be stated for Court of Appeal (1) The Appeal Board may, before an appeal is determined, refer any question of law arising in the appeal to the Court of Appeal for determination by way of case stated. (2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment. (3) Where the Court of Appeal determines a case stated under this section it shall cause a copy of the case, together with a copy of its opinion thereon, to be sent to the Chairman. (4) Where the Court of Appeal sends its opinion under subsection (3), the Appeal Board shall determine the relevant appeal having regard to the opinion of the Court. (Enacted 1993) Cap 435 s 16 Power of entry PART IV MISCELLANEOUS (1) For the purpose of ascertaining whether any provision of this Ordinance or of any regulation made under section 18 is being complied with the Commissioner, a police officer or any public officer authorized in writing by the Commissioner in that behalf may enter and inspect any amusement game centre. (2) If it is made to appear to a magistrate by information upon oath that there is reason to believe that an offence against section 4(1) or 19(1) or (3) is being committed in any place, the magistrate may issue a warrant authorizing any police officer or any public officer authorized in writing by the Commissioner in that behalf to enter and search such place. (Amended 47 of 1997 s. 10) (Enacted 1993) Cap 435 s 17 Power of seizure Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) A police officer or any public officer authorized in writing by the Commissioner in that behalf who has entered any place in pursuance of a warrant issued under section 16(2) may seize and remove from that place any machine or device together with its contents and all related or ancillary components including any cabinet or other casing in which it is housed if he has reason to suspect that such machine or device may be liable to forfeiture under section 22, and may detain the machine or device and the contents, components, cabinet and casing until all proceedings, including any appeal, have been completed or a decision is taken not to proceed. (2) No claim or action shall lie against the Government or any public officer in respect of the seizure, removal or detention of any machine or device under subsection (1). (Amended 59 of 2000 s. 3) (Enacted 1993) Cap 435 s 18 Regulations Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) The Chief Executive in Council may by regulation provide for the- (Amended 59 of 2000 s. 3) (a) fees that may be charged for and in relation to the grant, transfer, endorsement of transfer and the renewal of a licence, the amendment of the conditions or the particulars of a licence where amendment is at the request of a licensee, and the issue of a duplicate licence; (b) lodging of appeals under section 11 and the practice and procedure of the Appeal Board; and (c) better carrying into effect of the provisions and purposes of this Ordinance.(2) The amount of fees provided for under subsection (1)(a) need not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred by the Commissioner in the discharge of his functions under this Ordinance. (3) Without prejudice to the generality of subsection (2), any regulation made under subsection (1)(a) may provide for- (a) a different fee to be payable having regard to- (i) the number and type of machines or devices installed or intend to be installed in the licensed amusement game centre; (ii) the period indicated in the licence under section 5(7)(c)(iv); and(b) the waiver, remission, reduction or refund of any fee.(4) Any regulation made under this section may provide that a contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine of $50000 and imprisonment for 6 months. (Enacted 1993) Cap 435 s 19 Offences in relation to a licence (1) Any person who on any occasion- (a) operates, keeps, manages or otherwise has control of a licensed amusement game centre in contravention of any condition of the licence; or (b) in any capacity assists, either directly or indirectly, in the operation, keeping, management or other control of a licensed amusement game centre in contravention of any condition of the licence,commits an offence. (2) Where an offence under subsection (1)(a) is alleged to have been committed, any evidence which proves that a defendant did any act in connection with the operation, keeping, management or other control of a licensed amusement game centre is, in the absence of any evidence which proves that the defendant did not operate, keep, manage or otherwise have control of a licensed amusement game centre, proof that the defendant operated, kept, managed or otherwise had control of a licensed amusement game centre. (3) Where a condition of a licence is contravened the licensee commits an offence unless he proves 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.(4) Any person who makes any false or misleading statement or furnishes any false or misleading information in connection with any application under section 5(1), 6(2), 7(1) or 8(1) commits an offence. (5) Any person who commits an offence under this section shall be liable- (a) on first conviction, to a fine of $50000 and to imprisonment for 6 months; (b) on second or subsequent conviction, to a fine of $100000 and to imprisonment for 1 year. (Enacted 1993) Cap 435 s 20 Offence in relation to gaining admission to a licensed amusement game centre (1) No person who has attained the age of 16 years shall gain or attempt to gain admission to any licensed amusement game centre authorized under section 5(7)(c)(ii)(A), for the playing of any game by persons under the age of 16 years. (2) Any person who has attained the age of 16 years and who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of $50000 and to imprisonment for 6 months. (3) In a prosecution for an offence under subsection (1) it shall be a defence for the person charged to show that- (a) he did not know that the licensed amusement game centre was authorized under section 5(7)(c)(ii)(A), for the playing of any game by persons under the age of 16 years; and (b) he could not, with the exercise of reasonable diligence, have known that the licensed amusement game centre was so authorized.(4) This section shall not apply to- (a) a licensee; (b) an agent or servant of a licensee; (c) a public officer in the exercise of any power or the execution of any duty under this or any other Ordinance; (d) a person who has attained the age of 16 years accompanying another person who is under the age of 16 years, for the purposes of the care and welfare of that other person; or (e) any person exempted in writing by the Commissioner. (Enacted 1993) Cap 435 s 21 Proof of licence and proof of prior conviction (1) For the purpose of any proceedings under this Ordinance a document purporting to be a copy of a licence and of any conditions to which the licence is subject, and to be certified by a public officer appointed in writing by the Commissioner for that purpose to be a true copy, shall be received in evidence on its production without further proof and it shall be presumed that- (a) the document is a true copy of the licence; (b) the person who certified the document was a public officer appointed in writing by the Commissioner for that purpose; and (c) the licence was granted in respect of the place stated in the document to the person stated in the document and is subject to those conditions.(2) For the purposes of any proceedings under section 4, a document purporting to be a certificate signed by a police officer of the rank of superintendent 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 a place stated in the certificate shall be admitted in evidence in any proceedings under section 4 on its production and without further proof and it shall be presumed that- (a) the person who signed the certificate was a police officer of the rank stated in the certificate; and (b) the person named in the certificate was on any date specified in the certificate convicted of an offence contrary to section 4 and that the offence was committed in relation to the place stated in the certificate. (Enacted 1993) Cap 435 s 22 Forfeiture The court may, on the conviction of any person of an offence under section 4 or 19 relating to an amusement game centre, order the forfeiture of any machine or device together with its contents and all related or ancillary components including any cabinet or other casing in which it is housed, if any, seized by a police officer or by any public officer authorized in writing by the Commissioner in that behalf under section 17, being a machine or device which was installed or placed in the amusement game centre for the purposes of amusement, recreation or entertainment, unless the owner of the machine or device satisfies the court that there is special and exceptional reason not to order forfeiture, such as that the machine or device had been stolen and the theft reported to the police as soon as practicable; but ownership of itself of a machine or device by a person other than the person convicted or financial hardship to any person shall not be special and exceptional reason. (Enacted 1993) Cap 435 s 23 Existing licences (1) An amusement game centre licence which was granted under the Miscellaneous Licences Ordinance (Cap 114) and remained in force immediately before the commencement of this section shall continue in force after such commencement and have effect according to its tenor as if it were a licence granted under section 5 of this Ordinance. (2) The Commissioner may, in respect of any licence to which subsection (1) applies, by notice in writing served upon the licensee either personally or by registered post, impose any condition in addition to or instead of any condition of such licence as he thinks fit. (Enacted 1993) Cap 435 s 24 (Omitted as spent) (Omitted as spent) (Enacted 1993) Cap 435 s 25 (Omitted as spent) (Omitted as spent) (Enacted 1993) Cap 435 Sched 1 SCHEDULE 1 [section 2] (Enacted 1993) Cap 435 Sched 2 [section 2] 1. Gymnasium equipment installed in a gymnasium or recreational health clinic (Enacted 1993) Cap 435 Sched 3 (Omitted as spent) (Omitted as spent) (Enacted 1993)
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