【法规名称】
【法规编号】 82105 什么是编号？
【正 文】
第6页 CAP 435 AMUSEMENT GAME CENTRES ORDINANCE
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[接上页] (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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