Cap. 114 - Miscellaneous Licences Ordinance

To consolidate and amend the law relating to miscellaneous licences. [27 October 1933](Format changes—E.R. 2 of 2021) 1. Short title This Ordinance may be cited as the Miscellaneous Licences Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires— dancing school (舞蹈學校) means any place opened, kept or used for the purpose of giving instruction in dancing except— (a) a place of public entertainment licensed as such under the Places of Public Entertainment Ordinance (Cap. 172); or (b) a public dance hall licensed as such under this Ordinance; or (c) dancing schools for children under the age of 16; (d) a place used for the purpose of giving instruction in dancing where no charge whatsoever to any person resorting thereto, whether for admittance or instruction, or for food or drink supplied, or otherwise, is made; or (e) a place used for the purpose of giving instruction in dancing by The Hong Kong Academy for Performing Arts established by The Hong Kong Academy for Performing Arts Ordinance (Cap. 1135); (Added 38 of 1984 s. 28) (Added 15 of 1952 s. 2. Amended 27 of 1965 s. 2; 38 of 1984 s. 28)hawker (小販) means any person who trades in any street or public thoroughfare or goes from place to place, or goes on board any vessel, selling or exposing for sale any goods, wares or merchandise immediately to be delivered, or exposing samples or patterns of any goods, wares or merchandise to be afterwards delivered, or selling or offering for sale his skill in handicraft, except a person selling or seeking orders for goods, wares or merchandise to or from person who are dealers therein, and who buy to sell again; (Amended 9 of 1934 s. 2) [cf. 1871 c. 96 s. 3 U.K.; 1888 c. 33 s. 2 U.K.]place (場所) includes any house, shop, room, office, boat, vehicle or vessel, or any erection movable or otherwise, or any spot on land or water; public dance-hall (公眾舞廳) means any place opened, kept or used for the purpose of dancing to which the general public are admitted with or without payment for admission unless such place is a place of public entertainment licensed as such under the Places of Public Entertainment Ordinance (Cap. 172): Provided that a place shall not be deemed to be opened, kept or used for the purpose of dancing if it is opened, kept or used primarily for some other lawful purpose to which dancing is merely an incidental attraction for which no charge is made and no instructors or dancing partners are provided or made available; (Added 15 of 1952 s. 2) sale (出售) includes exchange or barter.(Amended 53 of 1983 s. 18; 67 of 1985 s. 16; 64 of 1993 s. 24; 11 of 1995 s. 16; 13 of 1995 s. 2) 3. Regulations (1) The Chief Executive in Council may by regulation provide for— (Amended 59 of 2000 s. 3)(a) licensing, regulation and control of any place, trade, business, undertaking or occupation specified in the First Schedule; (Amended 15 of 1952 s. 3; 64 of 1955 s. 3)(b) classifying for the purposes of paragraph (a) any place, trade, business or occupation for which a licence may be issued under this Ordinance;(c) the particulars which an applicant for any licence granted under this Ordinance shall furnish to any officer empowered to issue a licence hereunder; (Added 15 of 1952 s. 3)(d) the form and conditions of any licence granted under this Ordinance, the officers who may issue such licence and the fees therefor, the hours during which such licence may be used and the period for which such licence shall be issued;(e) the lighting to be used in any place licensed under this Ordinance and in such regulations to provide the general specifications and requirements to be satisfied in respect of such lighting, or to empower any officer specified therein to determine, at the time of the issue or renewal of any licence under this Ordinance, the particular specifications and requirements to be satisfied in respect of such lighting in the place to which the licence relates; (Added 27 of 1965 s. 3)(f) precautions to be taken against fire in any place licensed under this Ordinance;(g) maintenance of peace and good order in any place licensed under this Ordinance;(h) means of securing hygienic conditions and requiring the maintenance of such conditions in any place licensed under this Ordinance;(i) entry and inspection of any place licensed under this Ordinance, by the Commissioner of Police, the Secretary for Home and Youth Affairs or any other officer authorized by the Chief Executive in that behalf; (Amended L.N. 120 of 1995; L.N. 372 of 1996; L.N. 362 of 1997; L.N. 192 of 1998; L.N. 206 of 1998; 59 of 2000 s. 3; L.N. 144 of 2022)(j) exempting 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(k) generally, carrying into effect the provisions of this Ordinance.(2) Such regulations may provide that the contravention of any particular regulation shall constitute an offence and may prescribe penalties for breach of the regulations not exceeding a fine at level 3 or imprisonment for 6 months. (Added 15 of 1952 s. 3. Amended 11 of 1982 s. 3; E.R. 2 of 2021) 4. Prohibition of trading, etc., without licence No person shall open or keep any place specified in the First Schedule, or conduct any trade, business or occupation specified in the First Schedule except under and in accordance with a licence issued under this Ordinance.(Amended 64 of 1955 s. 4; 53 of 1983 s. 18) 5. Grant of licences, revocation and appeals (1) The grant of any licence issued, or to be issued under this Ordinance and the grant of any renewal of any licence shall be in the absolute discretion of the officer authorized to issue such licence.(2) Such officer may revoke a licence granted to any person on proof to his satisfaction of an offence against this Ordinance or other misconduct by such person.(3) Notice in writing of a decision of an officer under this section shall be given by such officer to the person in respect of whom it is made.(4) A notice under subsection (3) shall, except in the case of a decision to grant a licence or to grant a renewal of a licence or to permit the transfer of an existing licence or to impose other conditions, be accompanied by a statement of the reasons for the decision.(5) Any person aggrieved by a decision of any officer made in respect of him under this section may, within 28 days from the date when he was informed of the decision, appeal to the Administrative Appeals Board.(6) A decision that is appealed against under subsection (5) 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 any such officer, be contrary to the public interest and the notice of the decision contains a statement to that effect.(Replaced 6 of 1994 s. 41) 6. Search warrants If it is made to appear to a magistrate by information upon oath that there is reason to believe that an offence against this Ordinance is being committed in any place, the magistrate may issue a warrant authorizing any police officer to enter and search such place and to arrest such persons as may be found therein.(Amended 15 of 1952 s. 4; 47 of 1997 s. 10) 6A. (Repealed 64 of 1993 s. 24) 7. Offences and penalties Any person who—(a) contravenes the provisions of section 4; or(b) fails to comply with any condition in a licence issued hereunder; or(c) in furnishing any particulars which he is required by regulation made hereunder to furnish, furnishes any information which he knows or has reason to believe to be false in any material particular or by reason of the omission of any material particular or furnishes any information without any belief in the truth or accuracy of the information supplied,shall be guilty of an offence and shall be liable—(i) in the case of an offence under paragraph (a), to a fine at level 5 or to imprisonment for 6 months; or (ii) in the case of an offence under paragraph (b) or (c), to a fine at level 3 or to imprisonment for 6 months. (Replaced 15 of 1952 s. 5. Amended 11 of 1982 s. 5; E.R. 2 of 2021) 7A. (Repealed 64 of 1993 s. 24) 8. Liability of agent Whenever any person to whom any licence or permit or authority has been issued or granted under this Ordinance would be liable under the provisions of this Ordinance or of any regulations made thereunder to any punishment, penalty or forfeiture for any act, omission, neglect or default, he shall be liable to the same punishment, penalty or forfeiture for every similar act, omission, neglect or default of any agent or servant employed by him in the course of his business, and every such agent or servant shall also be liable to every punishment, penalty or forfeiture prescribed for such acts, omissions, neglects or defaults contrary to the provisions of this Ordinance as fully and effectually as if he had been the person to whom the licence or permit or authority had been issued or granted. 9. Saving The provisions of this Ordinance shall be in addition to and not in derogation of the provisions of any other enactment relating to or affecting any place, trade, business or occupation with respect to which this Ordinance applies.(Replaced 8 of 1941 s. 3) 10. (Repealed 64 of 1993 s. 24) 11. (Repealed 64 of 1993 s. 24) First Schedule [ss. 3 & 4] Dancing schoolHawker of tobacco, cigars or cigarettesPublic dance-hall(Amended 22 of 1935 s. 7; 8 of 1941 s. 4; 42 of 1947 s. 3; 15 of 1952 s. 6; 64 of 1955 s. 5; 50 of 1956 s. 3; 27 of 1965 s. 5; 21 of 1973 s. 20; 54 of 1978 s. 2; 11 of 1982 s. 8; 53 of 1983 s. 18; 67 of 1985 s. 16; 64 of 1993 s. 24; 11 of 1995 s. 17; 13 of 1995 s. 2; E.R. 2 of 2021) Second Schedule (Repealed 67 of 1985 s. 16) Third Schedule (Repealed 64 of 1993 s. 24) Fourth Schedule (Repealed 64 of 1993 s. 24)