【法规名称】
【法规编号】 82161 什么是编号？
【正 文】
第3页 CAP 266 MASSAGE ESTABLISHMENTS ORDINANCE
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[接上页] (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 is being committed in any place, the magistrate may issue a warrant authorizing any police officer to enter and search such place. (Amended 47 of 1997 s. 10) Cap 266 s 12 Regulations Remarks: Adaptation amendments retroactively made - see 71 of 1999 s. 3 The Chief Executive in Council may by regulation- (Amended 71 of 1999 s. 3) (a) prescribe anything required or permitted to be prescribed under this Ordinance; (b) specify the particulars which an applicant for a licence shall furnish to the licensing authority; (c) empower the licensing authority to exempt any place, trade, business or occupation situated or carried on within specified areas from the operation of this Ordinance or of any part thereof or of any regulations made thereunder, and specifying and varying the boundaries of such areas; and (d) provide for the better carrying into effect of the provisions and purposes of this Ordinance. Cap 266 s 13 Offences in relation to licences (1) Any person who on any occasion operates, keeps, manages, assists in any capacity in the operation of, or assists in the management of, a massage establishment in regard to the operation of which a licence has been issued under this Ordinance otherwise than in accordance with the conditions of the licence commits an offence. (2) Where a condition of the licence is contravened the licensee shall be guilty of an offence unless he satisfies the court 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.(3) Any person who makes any false or misleading statement or furnishes any false or misleading information in connection with any application for the issue or renewal of a licence commits an offence. Cap 266 s 14 Penalty Any person who commits an offence under section 13, shall be liable to a fine of $50000 and to imprisonment for 6 months. Cap 266 s 15 Aids in proof For the purpose of any proceedings under this Ordinance a document purporting to be a- (a) copy of a licence and of any conditions to which the licence is subject certified to be a true copy by a police officer of the rank of Superintendent or above shall be received in evidence on its production without further proof and, until the contrary is proved, it shall be presumed that- (i) the document is a true copy of the licence; (ii) the person who certified the document was a police officer of the rank stated in the certificate; and (iii) the licence was issued in respect of the premises stated in the document to the person stated in the document and is subject to those conditions;(b) 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 any place stated in the certificate shall be admitted in evidence in any proceedings under section 4 on its production and without further proof and, until the contrary is proved, it shall be presumed that- (i) the person who signed the certificate was a police officer of the rank stated in the certificate; and (ii) any 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 any place stated in the certificate. Cap 266 s 16 Power of the Chief Executive to amend Schedule Remarks: Adaptation amendments retroactively made - see 71 of 1999 s. 3 The Chief Executive may by notice in the Gazette amend the Schedule. (Amended 71 of 1999 s. 3) Cap 266 s 17 Transitional (1) A massage establishment licence issued under the Miscellaneous Licences Ordinance (Cap 114) and in force shall, at the day on which this section comes into operation, be deemed to be a licence issued under this Ordinance. (2) The licensing authority may, in regard any licence to which subsection (1) applies, by notice in writing served upon the licensee or sent by registered post to the address of the licensee appearing on the licence, impose such conditions on the licence as he thinks fit and any such conditions shall take effect as if they were imposed under section 6(2) on the day on which the notice was served or, in the case of a notice sent by registered post, if the notice is not returned undelivered, on the seventh day following the day on which the notice was posted. Cap 266 SCHEDULE [section 5] Commissioner of Police |
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