Cap. 132 sub. leg. AL

Libraries Regulation(78 of 1999 s. 7)(Cap. 132, section 105L) [8 February 1974](Format changes—E.R. 1 of 2022) Part I Preliminary 1. (Repealed 78 of 1999 s. 7) 2. (Repealed 78 of 1999 s. 7) 3. Interpretation In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7) borrower (借用人) means the holder of a library card or an identity card allowed for library purposes; (78 of 1999 s. 7; L.N. 83 of 2003) Director (署長) means the Director of Leisure and Cultural Services; (78 of 1999 s. 7)identity card allowed for library purposes (圖書館適用身分證) means an identity card with embodied chip that is allowed under section 8A to be used as an identity card allowed for library purposes; (L.N. 83 of 2003)identity card with embodied chip (內置晶片身分證) means an identity card that—(a) is issued under the Registration of Persons Ordinance (Cap. 177); and(b) embodies a chip within the meaning of that Ordinance; (L.N. 83 of 2003)librarian (圖書館長) means the Chief Librarian; (78 of 1999 s. 7) library card (圖書證) means a card issued or taken to be issued under section 8. (78 of 1999 s. 7)(L.N. 211 of 1995; 78 of 1999 s. 7) Part II Lending Libraries and Reference Libraries 4. Division of library (1) A library may be divided into an adult library and a junior library and each adult library and junior library may be divided into a lending library and a reference library. (2) The librarian may set aside any of the library material of a library for use in the adult library or junior library or for use in a lending library or a reference library. (L.N. 248 of 1983) (3) Except with the permission of the librarian or when accompanied by an adult, a person under 12 years of age shall not enter or use the adult library. (L.N. 235 of 1991) 5. Times during which library open to the public (1) A library shall be open to the public on such days and during such hours as shall be determined from time to time by the Director. (2) Notices in the English and Chinese languages, stating the days on which and the hours during which a library is open to the public shall be posted in a conspicuous place in the library or at the entrance to the library. (3) The Director may direct that a library or any part thereof be closed for any specified period. (10 of 1986 s. 32(2); 78 of 1999 s. 7) Part III Lending Libraries 6. Borrower may borrow library material A borrower may use library facilities and services and borrow library material for reading and use outside the library.(78 of 1999 s. 7; L.N. 83 of 2003) 7. Application for library cards (1) Subject to section 22(2) and (3), a person who wishes to obtain a library card shall complete an application form supplied by the librarian. (78 of 1999 s. 7; L.N. 83 of 2003)(2) Subject to section 22(2) and (3), a person whose library card is lost and who wishes to obtain a new library card shall—(a) apply under subsection (1); and(b) accompany the application by such fee, if any, as determined under section 124K of the Ordinance. (L.N. 83 of 2003) 7A. Application for using identity card with embodied chip as identity card allowed for library purposes Subject to section 22(2) and (3), a person who wishes to use his identity card with embodied chip as an identity card allowed for library purposes shall complete an application form supplied by the librarian.(L.N. 83 of 2003) 8. Library cards (1) On receiving an application in accordance with section 7, the librarian may issue to the applicant a library card permitting him to borrow library material from a library. (2) The librarian may issue a library card—(a) to a person who satisfies the librarian that he is resident in Hong Kong and is the holder of an identity card issued in accordance with the Registration of Persons Regulations (Cap. 177 sub. leg. A) or in case of a child under the age of 11 years produces a photocopy of his birth certificate; or (b) to any other person at the discretion of the librarian. (L.N. 211 of 1995; 78 of 1999 s. 7) 8A. Librarian may allow use of identity card with embodied chip as identity card allowed for library purposes On receiving an application made under section 7A, the librarian may allow the applicant to use his identity card with embodied chip as an identity card allowed for library purposes—(a) if the applicant satisfies the librarian that he is resident in Hong Kong and that he holds an identity card with embodied chip; or(b) at the discretion of the librarian.(L.N. 83 of 2003) 9. Cases where person may be required to deposit a sum of money or to have a guarantor Before issuing a library card or allowing an identity card with embodied chip to be used as an identity card allowed for library purposes, the Director may require the applicant to deposit with him such sum of money as the Director may determine or to produce a person who is resident in Hong Kong and is 18 years of age or over and who is willing to be a guarantor for him. (L.N. 211 of 1995; 78 of 1999 s. 7; L.N. 83 of 2003) 10. Applicant under 18 years of age (1) The librarian shall not—(a) issue a library card to an applicant who makes an application under section 7; or(b) allow an applicant who makes an application under section 7A to use his identity card with embodied chip as an identity card allowed for library purposes,if the applicant is under 18 years of age unless a person who is resident in Hong Kong and is 18 years of age or over becomes the guarantor for the applicant. (L.N. 211 of 1995; L.N. 83 of 2003) (1A) (Repealed 78 of 1999 s. 7)(2) Except where both parents are dead or are unwilling or unable to become guarantor or the librarian directs otherwise, the person who shall be guarantor under subsection (1) shall be a parent of the applicant. (78 of 1999 s. 7) 11. Guarantor (1) A person who wishes to become a guarantor for the purposes of section 9 or 10 shall complete and sign a form of guarantee in the form provided for the purpose by the librarian which shall contain such conditions as the librarian may from time to time determine. (L.N. 83 of 2003)(1A) The librarian may accept or refuse to accept a person as a guarantor. (L.N. 83 of 2003)(2) A person shall, in default of the borrower, be liable for all liabilities incurred by the borrower under section 21, 27 or 28 beginning on or after the day on which the person is accepted by the librarian as the guarantor for the borrower until—(a) subject to subsection (3), the librarian in writing releases the guarantor from his obligations under the guarantee;(b) another person is subsequently accepted by the librarian to be the guarantor for the borrower; or(c) the borrower reaches 18 years of age,whichever occurs first. (L.N. 83 of 2003)(3) A guarantor shall not be released unless he has discharged all and any liability arising under the guarantee.(4) (Repealed L.N. 83 of 2003) 12. Library card or identity card allowed for library purposes not to be lent or transferred A borrower shall not lend or transfer his library card or identity card allowed for library purposes to any other person.(L.N. 83 of 2003) 13. Borrower to report loss of library card or identity card allowed for library purposes A borrower shall forthwith report to the librarian in writing loss of his library card or identity card allowed for library purposes.(L.N. 83 of 2003) 14. (1) (Repealed L.N. 83 of 2003)(2) (Repealed 78 of 1999 s. 7) 15. Procedure for borrowing library material No person shall take any library material from a library unless he has complied with the procedure laid down by the librarian for the borrowing of library material from the library. (L.N. 248 of 1983) 16. Restriction on number of items of library material to be borrowed A borrower may only borrow such number of items of library material from a library as the Director may determine. (L.N. 211 of 1995; 78 of 1999 s. 7) 17. Borrower may reserve library material not immediately available A borrower who desires to borrow any library material which is not immediately available in a library may reserve that library material by paying the appropriate fee determined under section 124K of the Ordinance. (78 of 1999 s. 7) 18. Borrower to ensure that library material undamaged before leaving library A borrower shall, before leaving the library, ensure that any library material issued to him on loan is complete and undamaged. (L.N. 248 of 1983) 19. Library material borrowed to be returned within 14 days (1) All library material borrowed from a library shall, unless the librarian in any particular case gives permission to retain the library material for a longer period, be returned to the library within 14 days after the day upon which it was borrowed. (L.N. 248 of 1983; L.N. 235 of 1991)(2) Where any library material is returned under subsection (1), it may be borrowed by the borrower for a further period of 14 days unless it is required by another borrower. (L.N. 248 of 1983) (3) For the purposes of computing any period referred to in subsection (1) or (2)—(a) section 71(1)(b) and (c) of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply; (b) where the last day of any such period is a day on which the library is closed to the public for the whole of that day, the period shall be extended to the next day on which the library is not closed to the public for the whole of that day; and (c) a library shall be deemed to be closed to the public for the whole of a day on which it is closed to the public for any period by reason of there being in force a gale warning within the meaning of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62). (L.N. 231 of 1979) (78 of 1999 s. 7) 20. Return of library material (1) Library material borrowed from a library may be returned by the borrower or his representative bringing it to any library as directed by the librarian, delivering it to the officer in attendance at the counter or other place indicated by the librarian for the return of library material and following any procedure laid down by the Director for the return of library material. (2) The Director may direct another manner in which library material shall be returned in a particular case. (L.N. 211 of 1995; 78 of 1999 s. 7) 21. Charge for library material overdue (1) Subject to subsection (2), where a borrower fails to return any library material within the time allowed by this Regulation, the following charges shall be payable— (10 of 1986 s. 32(2)) (a) in the adult library, $1.50 for each day or part of a day during which the library material remains out of the library, and (b) in the junior library, 50 cents for each day or part of a day during which the library material remains out of the library. (L.N. 231 of 1979; L.N. 302 of 1986; L.N. 186 of 1990) (2) The total charges payable under subsection (1) shall not exceed, in respect of each borrowing, $130 in the case of any library material in the adult library and $25 in the case of any library material in the junior library. (L.N. 231 of 1979; L.N. 302 of 1986; L.N. 186 of 1990) (3) Where there is a period during which library material remains out of the library and for which, by reason of subsection (2), no charge is payable under subsection (1), the librarian may suspend the library card of the borrower who is referred to in subsection (1), or prohibit the borrower from using his identity card with embodied chip as an identity card allowed for library purposes, for a period commencing on the day upon which the library material is returned and not exceeding the number of days for which no charge is payable. (L.N. 211 of 1995; L.N. 83 of 2003) (4) No charge shall be made under subsection (1) and no period of suspension shall be imposed under subsection (3) in respect of a day on which the library—(a) is closed to the public for the whole of that day; or (b) is closed to the public for any period by reason of there being in force a gale warning within the meaning of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62). (L.N. 231 of 1979) (L.N. 248 of 1983; 78 of 1999 s. 7) 22. Librarian may cancel or suspend library card, or prohibit identity card allowed for library purposes (1) If the librarian is of the opinion that the holder of a library card or an identity card allowed for library purposes has contravened this Regulation, he may—(a) cancel the library card, or suspend the library card for such period as he may specify; and(b) prohibit the holder from using his identity card with embodied chip as an identity card allowed for library purposes, either permanently or for such period as he may specify.(2) A person—(a) whose library card is cancelled under subsection (1); or(b) who is permanently prohibited from using his identity card with embodied chip as an identity card allowed for library purposes,shall not make an application under section 7 or 7A without the permission of the librarian.(3) A person—(a) whose library card has been suspended for a specified period; or(b) who has been prohibited from using his identity card with embodied chip as an identity card allowed for library purposes for a specified period,shall not, within that period, make an application under section 7 or 7A without the permission of the librarian.(L.N. 83 of 2003) 22A. Application to cancel library card (1) A borrower who wishes to cancel his library card shall complete an application form supplied by the librarian.(2) The librarian may approve or refuse an application made under subsection (1).(L.N. 83 of 2003) 22B. Application to discontinue the use of identity card with embodied chip as identity card allowed for library purposes (1) A borrower who wishes to discontinue the use of his identity card with embodied chip as an identity card allowed for library purposes shall complete an application form supplied by the librarian.(2) The librarian may approve or refuse an application made under subsection (1).(L.N. 83 of 2003) Part IV Reference Libraries 23. Use of reference library (1) Subject to this Regulation, a person may obtain any library material from the reference library for consultation and use in the library by following the procedure laid down by the librarian from time to time. (10 of 1986 s. 32(2))(2) Library material obtained under subsection (1) shall be returned by the person who obtained the library material by following the procedure prescribed by the librarian from time to time for the return of library material or in such manner as the librarian may in any particular case direct. (L.N. 248 of 1983; 78 of 1999 s. 7) 24. Person obtaining library material from reference library to ensure library material is undamaged Any person who obtains any library material from the reference library shall ensure that the library material when issued to him is complete and undamaged. (L.N. 248 of 1983) 25. Except with the permission of the librarian library material may not be removed from the reference library (1) Except where the librarian in special circumstances permits, library material shall not be removed from the reference library. (2) Where permission is granted to borrow any library material from the reference library for use outside the library, the person borrowing such library material may be required to deposit such sum of money not exceeding such an amount as would in the opinion of the librarian be required to replace the library material. (L.N. 248 of 1983) 26. Restriction on the use of books requested by another person After some other person has made a request to the librarian for the use thereof, no person shall—(a) retain any newspaper for longer than 10 minutes; or (b) retain any book other than a newspaper for longer than 30 minutes. Part IVA Special Reading Areas (L.N. 100 of 1978) 26A. Interpretation Notwithstanding the generality of Parts I, II and V, in this Part unless the context otherwise requires—special reading area (特別閱讀區) means a part of a library set aside as an area for study or research under section 105K(4) of the Ordinance. (L.N. 100 of 1978) 26B. (Repealed L.N. 231 of 1979) 26C. Use of special reading area No person shall enter or use a special reading area except in accordance with any procedure laid down or direction given by the librarian from time to time. (L.N. 100 of 1978) 26D. Application of section 33 Any procedure laid down or direction given by the librarian under section 26C may exclude a special reading area from the operation of section 33 or may modify its application to a special reading area. (L.N. 100 of 1978; 10 of 1986 s. 32(2); 78 of 1999 s. 7) Part IVB Listening Areas and Viewing Areas (L.N. 231 of 1979) 26E. Interpretation In this Part unless the context otherwise requires—film (影片) includes a television programme, a video disc and a magnetic videotape; (L.N. 235 of 1991) headset (耳筒) means a pair of earphones worn over the ears for the purpose of listening to a record or to the sound-track of a film; listening area (聆聽區) means a part of a library set aside as an area for listening to records under section 105K(4) of the Ordinance; record (唱片) includes a gramophone record, a compact disc and a magnetic audio-tape; (L.N. 235 of 1991) viewing area (觀看區) means a part of a library set aside as an area for viewing films under section 105K(4) of the Ordinance. (L.N. 231 of 1979) 26F. Fees (1) (Repealed 49 of 1994 s. 39)(2) Except on payment of such fee as may be determined under section 124K of the Ordinance no person may— (49 of 1994 s. 39; 78 of 1999 s. 7)(a) listen to or use any record;(b) view any film, or listen to any film sound-track; or(c) use any facilities or equipment,in a listening area or a viewing area.(L.N. 231 of 1979) 26G. Use of equipment In a listening area or a viewing area—(a) except with the permission of the librarian no person shall handle or operate any record, film, sound equipment or viewing equipment other than a headset or volume control switch; (b) no person shall listen to a record or to the sound-track of a film other than through a headset supplied by the librarian; (c) no person shall switch on or keep switched on any volume control switch unless the headset affected thereby is worn over the ears; and (d) except with the permission of the librarian no person shall on one occasion—(i) listen to the playing of more than one record or composition, or the re-playing of any record or composition; or (ii) view more than one film or view a film more than once. (e) (Repealed L.N. 235 of 1991) (L.N. 231 of 1979) 26H. Recording Except with the permission of the librarian—(a) no person shall make a recording of any record, film or film sound-track in a listening area or a viewing area; and (b) no person shall bring any recording equipment into a listening area or a viewing area. (L.N. 231 of 1979; 10 of 1986 s. 32(2)) 26I. Furniture and equipment Except with the permission of the librarian—(a) no person shall use a listening area or a viewing area, or the facilities, equipment and furniture therein except for the purpose of listening to records or viewing films; and (b) no furniture or equipment in a listening area or a viewing area shall be moved from the place designated for it by the librarian. (L.N. 231 of 1979) 26J. (Repealed L.N. 235 of 1991) Part V Miscellaneous 27. Liability for library material not returned or damaged (1) Any person who writes upon, marks or soils any library material or by whose act any library material is, in the opinion of the librarian, otherwise damaged in any way whatever or who destroys any library material shall be liable to pay to the Government such sum of money as the librarian considers necessary to replace such library material or the whole set of library material of which such library material forms a part or such sum of money as the librarian considers will be full compensation for the damage or loss.(2) If any library material which is borrowed or taken from a library or obtained for use in a library is not returned in accordance with this Regulation or if, when returned, such library material is found to be written upon, marked or soiled in any way or, in the opinion of the librarian, is otherwise damaged in any way whatever, the person who is the holder of the library card or the identity card allowed for library purposes on which such library material was borrowed or taken or the person who obtained the library material for use in the library as the case may be, shall, unless payment has been made by any person under subsection (1) hereof, be liable to pay to the Government such sum of money as the librarian considers necessary to replace such library material or the whole set of library material of which such library material forms a part or such sum of money as the librarian considers will be full compensation for the damage or loss. (L.N. 83 of 2003)(3) In addition to any sum which a person may be liable to pay under subsection (1) or (2), such person may be required to pay a surcharge amounting to 20 per cent of such sum. (4) Where any sum becomes payable under this section in respect of library material borrowed or taken from a library, the person who is the holder of the library card or the identity card allowed for library purposes on which the library material was borrowed or taken shall be liable to pay such sum notwithstanding that the library material was not borrowed or taken by him. (L.N. 83 of 2003)(5) A person who has reported to the librarian in writing the loss of his library card or identity card allowed for library purposes shall not be liable under this section in respect of any library material which is borrowed or taken from the library on that library card or identity card after he has reported such loss. (L.N. 83 of 2003)(6) A person who makes a report to the Director or an officer of Leisure and Cultural Services Department, that library material borrowed or taken from or obtained for use in a library has been lost which report he knows to be false is guilty of an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month. (L.N. 211 of 1995)(L.N. 231 of 1979; 10 of 1986 s. 32(2); L.N. 211 of 1995; 78 of 1999 s. 7) 28. Damaged to walls, doors, etc. Any person who writes upon, marks, soils or otherwise damages in any way whatever or destroys any wall, door, furniture, fitting or other thing in a library shall be liable to pay such sum of money as the librarian considers necessary for the repair or replacement thereof, and in addition to such sum any such person may be required to pay a surcharge amounting to 20 per cent of such sum. 29. Wilful damage to library material, walls, doors, etc. (1) No person shall damage or destroy any library material or any part of the structure, fixtures, furniture or equipment of a library. (L.N. 235 of 1991)(2) The librarian may stop any person from doing any act which in his opinion may cause any damage to, or the destruction of, any library material or other thing in a library. 30. (Repealed L.N. 235 of 1991) 31. (Repealed L.N. 235 of 1991) 32. Vehicle or conveyance not to be brought into library (1) Subject to subsection (1A), except with the permission of the librarian, or if the vehicle or conveyance is a baby pushchair carrying an infant or is required for use by a person suffering from a physical disability, no person shall bring into, or cause to be brought into, a library any wheeled vehicle or conveyance or permit any such vehicle or conveyance to remain in a library. (L.N. 235 of 1991; L.N. 211 of 1995; 78 of 1999 s. 7)(1A) A person suffering from physical disabilities may bring a wheeled vehicle or conveyance into a library for his own use. (L.N. 211 of 1995)(2) (Repealed L.N. 235 of 1991) 33. Bags, suitcases, etc. to be deposited in cloak-room (1) No person shall bring any bag, suitcase or other receptacle or any umbrella into a library unless he deposits it forthwith in the cloak-room provided for that purpose. (2) Except in the case of a school-bag deposited by a student or any article deposited by a disabled person or by a person of or over the age of 60 years, for which no fee shall be payable, a fee determined under section 124K of the Ordinance shall be payable in respect of any article deposited at the cloak-room of a library. (L.N. 302 of 1986; L.N. 331 of 1988; L.N. 186 of 1990; L.N. 235 of 1991; 78 of 1999 s. 7) (3) The librarian may without assigning a reason refuse to accept any article for deposit at the cloak-room. (4) (Repealed 78 of 1999 s. 7)(5) If any article which has been deposited under this section is not claimed within 1 month after it has been deposited, such article may be sold or otherwise dealt with as the librarian thinks fit. (78 of 1999 s. 7)(6) The proceeds from the sale of any article under subsection (5) shall be paid to the Government. (10 of 1986 s. 32(2); 78 of 1999 s. 7)(7) When a person deposits any article in the cloak-room of a library he shall be given an official receipt token. (8) The librarian may refuse to return any article deposited in the cloak-room of a library if the person claiming the article is unable to produce the official receipt token given to the depositor when the article was deposited. (9) Any person who fails to return or damages in any way an official receipt token shall pay to the librarian the sum of $4. (L.N. 186 of 1990) 34. Person not to enter part of library not open to the public Except with the permission of the librarian, no person other than a member of the library staff shall enter any part of a library not open to the public. 34A. (Repealed 78 of 1999 s. 7) 34B. Person with communicable ear disease not to wear headset A person with a communicable ear disease shall not wear a headset provided by the library.(78 of 1999 s. 7) 35. (Repealed L.N. 235 of 1991) 36. Persons may be requested to leave in certain circumstances (1) The librarian may refuse entry into a library to any person, or require any person forthwith to leave a library or any part of the library—(a) whom he has reason to believe has committed or is about to commit any offence punishable under this Regulation;(b) who, in his opinion, is likely to cause a nuisance; or (c) who refuses to obey any reasonable direction given to him by the librarian in furtherance of the proper management of the library. (2) Any person who fails to leave a library when required to do so under subsection (1) commits an offence and may, in addition to any penalty to which he may become liable, forthwith be removed from the library or any part of it at the discretion of the librarian. (L.N. 235 of 1991; 78 of 1999 s. 7) 37. False information No person shall—(a) for the purpose of entering any part of a library; (b) in an application made under section 7, 7A, 22A or 22B; (L.N. 211 of 1995; 78 of 1999 s. 7; L.N. 83 of 2003) (ba) (Repealed 78 of 1999 s. 7)(c) for the purpose of obtaining the use of any of the facilities of a library, make a statement or furnish any information which he knows or reasonably ought to know to be false in a material particular. (L.N. 235 of 1991) 38. Librarian may exclude person infringing Regulation (1) The librarian may prohibit any person who has contravened this Regulation from using any library or any specified library for such period as he may determine. (2) No person who has been prohibited from using any library by the librarian under this section shall, without the permission of the librarian, enter such library. (10 of 1986 s. 32(2); 78 of 1999 s. 7) 39. Name in which proceedings may be brought (1) Any sum which becomes due under the provisions of this Regulation shall be recoverable as a debt due to the Government and shall be paid to the Government.(2) Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offence, a prosecution for an offence under any of the provisions of this Regulation may be brought in the name of the Director.(10 of 1986 s. 32(2); L.N. 362 of 1997; 78 of 1999 s. 7) 40. (Repealed L.N. 231 of 1979) 41. Appeal to the Director Any person aggrieved by a decision of the librarian made under this Regulation may appeal therefrom to the Director. (10 of 1986 s. 32(2); 78 of 1999 s. 7) 42. Prohibition of certain acts Except with the permission of the librarian, no person shall—(a) bring any animal into a library; (b) smoke or use any naked light in any part of a library; (c) bring any food or drink into a library; or (d) expose any film in a library. (L.N 235 of 1991) 43. Wilful obstruction of officer of library or other persons No person shall wilfully obstruct any officer of a library in the lawful performance of his duty or wilfully obstruct, disturb, interrupt or annoy any other person in the lawful use of a library or of any of the facilities provided in a library. (L.N. 235 of 1991) 44. Offences Any person who—(a) contravenes section 26F(2), 26G, 26H, 26I, 32(1) or 42 commits an offence and is liable to a fine at level 1; (L.N. 312 of 1998)(b) contravenes section 29(1) or 43 commits an offence and is liable to a fine at level 2 and to imprisonment for 1 month; (c) contravenes section 36(2) commits an offence and is liable to a fine at level 2; (L.N. 211 of 1995)(d) contravenes section 37 commits an offence and is liable to a fine at level 1 and to imprisonment for 1 month. (L.N. 235 of 1991; L.N. 211 of 1995; L.N. 177 of 1996; 78 of 1999 s. 7) 45. Transitional and savings (1) A valid card known immediately before 1 January 2000 as an Urban Council library card or a Regional Council borrower’s card is taken to be a library card issued under section 8 and is to have effect as such.(2) Without limiting subsection (1), any cancellation or suspension in force immediately before 1 January 2000 in respect of a card taken to be a library card under that subsection is to have effect as a cancellation or suspension (without interruption) in respect of a library card issued under this Regulation.(78 of 1999 s. 7)