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[接上页] (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under this section and which expires prior to the determination of such application shall, unless such application is withdrawn, or the licence is revoked or suspended under section 9, remain in effect until the determination by the Commissioner of such application.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) |