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[接上页] (i) he did not know and had no reason to suspect the existence of the circumstances giving rise to the contravention; and (ii) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those circumstances arising.(3) Where an offence under subsection (1) is alleged to have been committed, evidence that a defendant did any act in connection with the operation, keeping, management or other control of a karaoke establishment shall, unless the contrary is proved, be proof that the defendant operated, kept, managed or otherwise had control of the karaoke establishment. (4) Any person who- (a) in or in connection with any application under this Ordinance makes any statement or furnishes information, whether such statement be oral or written, which is false in any material particular and which he knows or reasonably ought to know is false in such particular; (b) obstructs the licensing authority, any police officer or any public officer in the exercise of any of his powers under this Ordinance; (c) refuses to produce any book, document, or any other article upon being so required under section 14 or furnishes information which is false in a material particular and which he knows or reasonably ought to know is false in such particular; (d) fails to comply with the requirements of a direction given under section 15 within the period indicated in the notice served thereunder; (e) contravenes section 16(4),commits an offence. (5) Any person who commits an offence under this section is liable- (a) on first conviction, to a fine at level 5 and to imprisonment for 6 months; and (b) on a second or subsequent conviction, to a fine at level 6 and to imprisonment for 1 year,and in the case of a continuing offence, to a further daily fine of $2000 for each day during which the offence continues. Cap 573 s 18 Proof of permit or licence For the purpose of any proceedings under this Ordinance a document purporting to be a copy of a permit or a licence and of any conditions to which the permit or the licence is subject, and to be certified by a public officer appointed in writing by the licensing authority 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 permit or the licence; (b) the person who certified the document was a public officer appointed in writing by the licensing authority for that purpose; and (c) the permit or the licence was granted or issued in respect of the place stated in the document to the person stated in the document and is subject to those conditions. Cap 573 s 19 Service of notices and orders (1) A notice or an order to be served under this Ordinance, other than a notice to be served under section 16(1)(a), may be served by serving a copy- (a) personally; (b) by registered post addressed to the last known place of business or residence of the person to be served; or (c) where the notice or the order relates to any premises or part thereof, by leaving the same with an adult occupier of the premises or part thereof to which the notice or the order relates or by posting the same in a prominent position upon or near such premises or upon a conspicuous part of such premises or part thereof.(2) A notice to be served under section 16(1)(a) shall be served- (a) by serving a copy by registered post addressed to the last known place of business or residence of the person to be served; and (b) by leaving a copy with an adult occupier of the premises or part thereof to which the notice relates or by posting a copy in a prominent position upon or near such premises or upon a conspicuous part of such premises or part thereof,and service of the copy of notice under paragraph (a) shall be deemed to have been effected on the day immediately following the day on which it is dispatched by registered post. Cap 573 s 20 Forfeiture of apparatus and equipment used for karaoke The court may, on the conviction of any person of an offence under section 4 or 17 relating to a karaoke establishment, order the forfeiture of any apparatus, equipment or any other article together with all related or ancillary components including any cabinet or other casing in which that apparatus, equipment or other article is housed, if any, seized and removed under a warrant issued under section 14(3), being apparatus, equipment or any other article which was placed in the karaoke establishment for the purposes of karaoke. Cap 573 s 21 Regulations (1) The Chief Executive in Council may by regulation provide for or in relation to- (a) the adequacy, suitability, maintenance, hygiene and use of apparatus or equipment in karaoke establishments; (b) reports and information to be supplied to the licensing authority in respect of karaoke establishments; (c) factors to be taken into account by the licensing authority in deciding the suitability of places under section 5(3)(b); |