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[接上页] (4) Where a magistrate is satisfied, on application by the licensing authority or any public officer authorized by that authority in this behalf, that a Prohibition Order in respect of a place of public entertainment has been served under subsection (6) but has not been continuously complied with from the 8th day after it was served, he shall, without prejudice to any penalty which may be imposed under this section, but subject to subsection (5), make an order in Form 2 in Schedule 2 (in this section referred to as a "Closure Order"). (5) A magistrate shall not make a Prohibition Order or a Closure Order unless satisfied- (a) that at least 14 days' notice of intention to apply for the order has been served under subsection (6); (b) that such notice stated the time and place set for the hearing of the application and advised that any person having reasonable cause to be heard upon the application might request to be so heard; and (c) that every person having reasonable cause to be heard upon the application and requesting to be so has had an opportunity to be heard.(6) Notice of intention to apply for a Prohibition Order or a Closure Order in respect of any place of public entertainment, and a copy of every such order when made, shall be in both English and Chinese and shall be served by affixing it to a conspicuous part of that place of public entertainment. (7) A Closure Order made in respect of any place of public entertainment shall come into force on the 8th day after it has been served under subsection (6) and shall remain in force for as long as the Prohibition Order made in respect of that place of public entertainment remains in force. (8) Upon the coming into force of a Closure Order in respect of any place of public entertainment, the licensing authority or any public officer authorized by that authority in this behalf shall lock or seal, or cause to be locked or sealed, all or any of the entrances to or exits from the place of public entertainment and may disconnect or cause to be disconnected all gas, water and electricity supplies thereto. (9) While a Closure Order is in force in respect of any place of public entertainment- (a) no person, except with the written permission of the licensing authority or any public officer authorized by that authority in this behalf, shall enter or remain in that place of public entertainment; (b) a person carrying written authority from the licensing authority or any public officer authorized by that authority in this behalf may remove from the place of public entertainment any person who fails to comply with paragraph (a), and in doing so may, with such assistance from police officers as may be necessary, use such force as is reasonably necessary.(10) Any person who, without lawful authority or excuse- (a) enters or remains in any place of public entertainment in contravention of subsection (9)(a) shall be guilty of an offence and shall be liable on conviction to a fine at level 6 and imprisonment for 12 months, and to a further fine of $2000 for every day during which the offence has continued; (b) breaks or interferes with any lock or seal placed on any place of public entertainment under subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and imprisonment for 6 months; or (c) removes or defaces a document affixed to any place of public entertainment for the purposes of this section shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and imprisonment for 6 months.(11) The licensing authority or any public officer authorized by that authority in this behalf may recover as a civil debt from the occupier of the place of public entertainment the cost of any work carried out under subsection (8). (Added 83 of 1997 s. 4. Amended 78 of 1999 s. 7) Cap 172 Sched 1 [sections 2 & 7(4)] (Amended 83 of 1997 s. 5) 1. The events, activities and other things referred to in the definition of "entertainment" in section 2 of this Ordinance are the following or any part of any of them- (Amended L.N. 120 of 2002) (a) a concert, opera, ballet, stage performance or other musical, dramatic or theatrical entertainment; (b) a cinematograph or laser projection display; (c) a circus; (d) lecture or storey-telling; (e) an exhibition of any 1 or more of the following, namely, pictures, photographs, books, manuscripts or other documents or other things; (f) a sporting exhibition or contest; (g) a bazaar; (h) (Repealed L.N. 120 of 2002) (i) an amusement ride within the meaning of the Amusement Rides (Safety) Ordinance (Cap 449) or any mechanical device (other than such an amusement ride) which is designed for amusement; (Amended L.N. 120 of 2002) (j) a dance party. (Added L.N. 120 of 2002)2. In this Schedule "stage performance" (舞台表演) includes a tragedy, melodrama, comedy, farce, pantomime, revue, burlesque, burletta, shadow play, an exhibition of dancing, conjuring or juggling, an acrobatic performance and any other stage event including an interlude. |