【法规名称】
【法规编号】 82105 什么是编号？
【正 文】
第5页 CAP 435 AMUSEMENT GAME CENTRES ORDINANCE
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[接上页] (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. |
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