Cap. 376

An Ordinance to provide for the regulation, control and safety of club-houses and for connected purposes. [1 November 1991] L.N. 393 of 1991(Format changes—E.R. 3 of 2021) (Enacting provision omitted—E.R. 3 of 2021) Part I Preliminary 1. Short title (Amended E.R. 3 of 2021)(1) This Ordinance may be cited as the Clubs (Safety of Premises) Ordinance.(2) (Omitted as spent—E.R. 3 of 2021) 2. Interpretation In this Ordinance, unless the context otherwise requires—Appeal Board (上訴委員會) means the Appeal Board constituted under section 15;certificate of compliance (合格證明書) means a certificate of compliance issued under section 5(2)(a) or renewed under section 9;certificate of exemption (豁免證明書) means a certificate of exemption issued under section 5(2)(b) or renewed under section 6(2);Chairman (主席) means the person appointed as Chairman of the Appeal Board under section 14; club (會社) means any corporation or association of persons formed for the purpose of affording its members facilities for social intercourse or recreation and which— (a) provides services for its members (whether or not for the purpose of gain); and (b) has a club-house of which only its members and their accompanied guests have a right of use; club-house (會址) means any premises or part thereof exclusively set aside for use permanently or temporarily by a club and its members;Secretary means the Secretary for Home and Youth Affairs. (Amended L.N. 144 of 2022) 3. Exclusion by order (1) The Secretary may by order—(a) in relation to any club-house, for reasons connected with the situation, means of ingress or egress, design, construction, size or equipment therein; or(b) in relation to any type or description of club-house, for reasons connected with any such type or description,exclude any club-house or type or description of club-house from the application of this Ordinance.(2) An order under subsection (1) shall be published in the Gazette and may—(a) be made subject to such conditions;(b) be made subject to such geographical limitations;(c) have effect for such period; or(d) have such partial application,as may be indicated in the order. Part II Restriction on Operation of Club-houses 4. Restriction on operating club-house unless exempted or certified (1) Any person who on any occasion operates, keeps, manages or otherwise has control of a club-house in respect of which neither of the conditions indicated in subsection (2) has been satisfied commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 2 years and to a fine of $20,000 for each day during which the offence continues.(2) The conditions referred to in subsection (1) are—(a) that a certificate of exemption has been issued under section 5(2)(b) in respect of the club-house and is for the time being in force; or(b) that a certificate of compliance has been issued under section 5(2)(a) in respect of the club-house and is for the time being in force.(3) It shall not be a defence that a person charged with an offence under subsection (1) did not know that neither of the conditions indicated in subsection (2) had been satisfied. Part III Application for Certificate of Exemption or Certificate of Compliance 5. Application for certificate of exemption or certificate of compliance (1) An application by a person for—(a) a certificate of exemption; or(b) a certificate of compliance,under this Ordinance in respect of a club-house shall be made to the Secretary in such form and manner as the Secretary may determine.(2) The Secretary shall, on receipt of an application under subsection (1), determine the application—(a) by issuing to and in the name of the applicant, a certificate of compliance for the club-house imposing such conditions as he thinks fit;(b) by issuing to and in the name of the applicant, a certificate of exemption for the club-house imposing such conditions as he thinks fit; or(c) by refusing to issue a certificate of exemption, or a certificate of compliance, as the case may be, to the applicant. Part IV Certificate of Exemption 6. Issue of certificate of exemption (1) A certificate of exemption issued under section 5(2)(b) shall—(a) be in such form and for such period as the Secretary may determine;(b) be endorsed with the conditions, if any, imposed under section 5(2)(b);(c) not take effect except on payment of the prescribed fee; and(d) authorize the person in whose name it is issued to operate, keep, manage or otherwise have control of a club-house for such period as may be indicated therein.(2) The Secretary may, on application made to him in such form and manner as he may determine and on payment of the prescribed fee, renew a certificate of exemption and impose any condition in addition to or instead of any condition previously imposed by him under section 5(2)(b).(3) The Secretary may revoke a certificate of exemption issued under section 5(2)(b) by notice in writing, served either personally or by registered post on the person to whom it was issued and shall indicate in the notice the ground on which the revocation is based.(4) A certificate of exemption or a copy thereof purporting to be certified under the hand of the Secretary shall, unless the contrary is proved, be evidence of the facts stated therein as at the date of such certificate of exemption or such copy thereof and shall be received in evidence without further proof.(5) A certificate purporting to be certified under the hand of the Secretary that a certificate of exemption has or has not been issued in respect of a club-house shall, unless the contrary is proved, be evidence of the facts stated therein as at the date of the first-mentioned certificate and shall be received in evidence without further proof. 7. Transfer of certificate of exemption (1) Except as provided in this section a certificate of exemption shall not be transferable.(2) The Secretary may, on application to him in such form and manner as he may determine, and on cause being shown to his satisfaction, permit the transfer to another person of a certificate of exemption in respect of a club-house until its expiration and such transfer shall be endorsed on the certificate of exemption.(3) Where a certificate of exemption is transferred under subsection (2)—(a) the Secretary may impose any condition in addition to or instead of any condition previously imposed by him under section 5(2)(b); and(b) a reference in section 6(3) or 21(2) to a person to whom the certificate of exemption was issued shall, as respects that certificate of exemption, be construed as a reference to the person to whom the certificate of exemption has been transferred. Part V Certificate of Compliance 8. Issue of certificate of compliance (1) A certificate of compliance issued under section 5(2)(a) shall—(a) be in such form as the Secretary may determine;(b) be endorsed with the conditions, if any, imposed under section 5(2)(a);(c) not take effect except on payment of the prescribed fee; and(d) authorize the person in whose name it is issued to operate, keep, manage or otherwise have control of a club-house for such period as may be indicated therein.(2) The Secretary may by notice in writing refuse to issue a certificate of compliance in respect of a club-house on the ground that it appears to him—(a) that for reasons connected with—(i) the situation, means of ingress or egress, design, construction, size, equipment, or type of building; or(ii) the protection of life and property under the Fire Services Ordinance (Cap. 95),the premises to be used for the club-house are not fit to be used for the purposes of a club-house;(b) that such premises do not comply with any requirement relating to design, structure, fire precautions, health, sanitation and safety set out in the Buildings Ordinance (Cap. 123); or(c) that the operation, keeping, management and other control of the club-house would not be under the continuous and personal supervision of the person to whom the certificate of compliance would be issued.(3) A notice under subsection (2) shall indicate the ground on which the refusal is based.(4) A certificate of compliance or a copy thereof purporting to be certified under the hand of the Secretary shall, unless the contrary is proved, be evidence of the facts stated therein as at the date of such certificate of compliance or such copy thereof and shall be received in evidence without further proof.(5) A certificate purporting to be certified under the hand of the Secretary and stating that a certificate of compliance has or has not been issued in respect of a club-house shall, unless the contrary is proved, be evidence of the facts stated therein as at the date of the first-mentioned certificate and shall be received in evidence without further proof. 9. Renewal of certificate of compliance (1) A person holding a certificate of compliance in respect of a club-house may, not less than 3 months before the expiration of the certificate, apply for the certificate to be renewed for a period of time being not more than 12 months.(2) An application for renewal of a certificate of compliance shall be made to the Secretary in such form and manner as the Secretary may determine.(3) The renewal of a certificate of compliance under this section shall not take effect except on payment of the prescribed fee and the Secretary may in respect of the renewed certificate impose any condition in addition to or instead of any condition previously imposed by him under section 5(2)(a).(4) A renewal of a certificate of compliance under this section before the expiration of such certificate shall take effect on the day following the day of its expiration.(5) Any certificate of compliance in respect of which an application for renewal is made under this section and which expires prior to the determination of such application shall, unless such application is withdrawn, or the certificate is cancelled or suspended under section 10, remain in effect until the determination by the Secretary of such application.(6) A renewal of a certificate of compliance under this section shall have effect on the day following the day upon which the certificate would have expired but for subsection (5), for a period of 12 months or such lesser period as may be indicated by the Secretary at the time of renewal. 10. Cancellation and suspension of certificate of compliance or refusal to renew such certificate, and amendment or variation of conditions of such certificate The Secretary may, at any time by notice in writing served on the person in whose name a certificate of compliance was issued, cancel or suspend the certificate or refuse to renew the certificate or amend or vary any condition of the certificate—(a) on any ground in section 8(2)(a), (b) or (c) which would have entitled him to refuse to issue a certificate of compliance in respect of that club-house;(b) on the ground that that person has been convicted of an offence against this Ordinance or an indictable offence in respect of that club-house;(c) on the ground that, in respect of that club-house or any persons therein—(i) any of the provisions of this Ordinance have been or are being contravened; or(ii) any requirement, order or direction made or given under this Ordinance has not been complied with by the person holding the certificate of compliance in respect of the club-house;(d) on the ground that any condition of the certificate of compliance has not been or is not being complied with by the person in whose name the certificate of compliance was issued;(e) on the ground that it appears to him that—(i) the club-house has ceased to be operated as such or to exist; or(ii) such person has ceased to operate, keep, manage or otherwise control, the club-house. 11. Notice of refusal of renewal and of cancellation or suspension (1) The Secretary shall, before serving notice under section 10, give to the person in whose name the certificate of compliance was issued, notice of his intention to do so, stating the grounds on which he intends to serve notice under that section and indicating that the person in whose name the certificate of compliance was issued may make written representations to him.(2) If the Secretary decides to serve notice under section 10, he shall make a written order, dated and signed, to that effect and shall send a copy thereof by registered post to the person in whose name the certificate of compliance was issued, at the address last known to the Secretary. 12. Transfer of certificate of compliance (1) Except as provided in this section a certificate of compliance shall not be transferable.(2) The Secretary may, on application to him in such form and manner as he may determine, and on cause being shown to his satisfaction, permit the transfer to another person of a certificate of compliance until its expiration and such transfer shall be endorsed on the certificate of compliance.(3) Where a certificate of compliance is transferred under subsection (2)—(a) the Secretary may impose any condition in addition to or instead of any condition previously imposed by him under section 5(2)(a); and(b) a reference in section 9, 10, 11 or 21(2) to the person in whose name the certificate of compliance was issued shall, as respects that certificate of compliance, be construed as a reference to the person to whom the certificate of compliance has been transferred. Part VI Appeals 13. Appeals (1) Any person aggrieved by a decision of the Secretary under section 6, 8, 9 or 10 may appeal to the Appeal Board.(2) A decision under section 10 that is appealed against under subsection (1) 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 the Secretary, be contrary to the public interest and the notice of the decision contains a statement to that effect.(3) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form and manner within 28 days after receiving notice of the decision to which the appeal relates. 14. Appeal Board (1) Every appeal shall be determined by the Appeal Board constituted under section 15.(2) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336).(3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be re-appointed.(4) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under section 15 as members of the Appeal Board to hear any appeal.(5) An appointment under subsection (2) or (4) shall be notified in the Gazette.(6) The Chairman and any person appointed under subsection (4) may at any time resign by notice in writing to the Chief Executive.(Amended 34 of 1999 s. 3) 15. Constitution of Appeal Board (1) The Appeal Board shall consist of the Chairman and such number of persons, being not less than 2, from the panel referred to in section 14(4) as the Chairman may, subject to subsection (4), appoint to be members thereof to hear any appeal.(2) In hearing an appeal the Appeal Board may, in relation to such appeal, give directions to the Secretary with respect to the exercise by the Secretary of such of the functions of the Secretary under this Ordinance as are relevant to the appeal and the Secretary shall comply with any such direction.(3) In relation to the hearing of appeals every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the Chairman; in the case of an equality of votes the Chairman shall have a casting vote.(4) The Appeal Board shall not at any time consist of a majority of persons who are public officers.(5) In hearing an appeal the Appeal Board may—(a) receive evidence on oath;(b) admit or take into account any statement, document, information or matter whether or not it would be admissible in a court of law;(c) by notice in writing summon any person to appear before it to produce any document or to give evidence;(d) confirm, vary or reverse the decision that is appealed against or substitute therefor such other decision or make such other order as it may think fit; and(e) make an award of such sum, if any, in respect of the costs involved in the appeal as is just and equitable in all the circumstances of the case.(6) The Appeal Board shall have the powers which are vested in the Court of First Instance in the exercise of its powers under subsection (5). (Amended 25 of 1998 s. 2)(7) If any person—(a) on being duly summoned as a witness before the Appeal Board makes default in attending;(b) being in attendance as a witness refuses to take an oath legally required by the Appeal Board to be taken, or to produce any document in his power or control legally required by the Appeal Board to be produced by him, or to answer any question to which the Appeal Board may legally require an answer; or(c) does any other thing which would, if the Appeal Board had been a court of law having power to commit for contempt, have been contempt of that court,the Chairman may certify the contempt of that person under his hand to the Court of First Instance and the Court of First Instance may thereupon inquire into the alleged contempt and after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the court. (Amended 25 of 1998 s. 2)(8) A witness before the Appeal Board shall be entitled to the same immunities and privileges as if he were a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2)(9) Any sum awarded to the Secretary under subsection (5)(e) shall be a debt due to the Government and recoverable in the District Court and any sum payable by the Secretary under such an award shall be charged on the general revenue. (Amended 34 of 1999 s. 3)(10) The Chairman may determine any form or matter of practice or procedure for which no provision is made in this Ordinance. 16. Supplementary provisions relating to appeals (1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chief Executive may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336) to act as Chairman and as such to exercise and perform all the functions of the Chairman during the period of his appointment. (Amended 34 of 1999 s. 3)(2) If a person appointed by the Chairman under section 15(1) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from the panel referred to in section 14(4) to act in his place.(3) The hearing of an appeal may be continued notwithstanding a change in the membership of the Appeal Board. 17. Case may be stated for Court of Appeal (1) The Appeal Board may, before an appeal is determined, refer any question of law arising in the appeal to the Court of Appeal for determination by way of case stated.(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment. Part VII Supervision of Club-houses 18. Inspection of club-houses Any public officer authorized by the Secretary in writing for the purposes of this section may, without warrant and on production, if so required, of his written authorization and his identity card issued under the Registration of Persons Ordinance (Cap. 177)—(a) at all reasonable times enter and inspect any club-house or any premises which he has reason to suspect are used as or for the purposes of a club-house;(b) require any person taking part in the operation or management of a club-house to produce any book, document or other article relating to the operation or management of that club-house or to any other activity in respect of the club-house or to furnish any information relating to such operation, management or activity;(c) remove for further examination any book, document, apparatus, equipment or any other article which he has reason to suspect is evidence of the commission of an offence against this Ordinance, or is evidence of a ground for the cancellation of the certificate of compliance issued in respect of a club-house; and(d) do such things as are necessary for the inspection of a club-house or for the inspection or testing of any equipment, works or system used for or in connection with the operation, keeping, management or other control of the club-house. 19. Secretary may direct remedial measures (1) The Secretary may, in respect of any club-house, by notice in writing, give such directions as appear to him to be required to secure that—(a) the safety of persons on the premises being used as a club-house is promoted in a proper manner;(b) adequate apparatus and equipment required as safeguards against fire or other hazard are provided in the club-house; and(c) the provisions of this Ordinance are complied with.(2) A notice under subsection (1) shall—(a) be served by registered post on the person being the operator, keeper, manager or otherwise having control of the club-house; and(b) indicate a period within which the directions shall be complied with. 20. Order for closure and cessation of use of premises as a club-house (1) Where it is proved to the satisfaction of the District Court on the sworn information of the Secretary that—(a) not less than 24 hours’ notice in writing served either personally or by registered post of his intention to swear the information was given by the Secretary to the person being the operator, keeper, manager or otherwise having control of the club-house; and(b) it appears to the Secretary that—(i) there is any danger or risk of danger to persons on the premises being used as a club-house; or(ii) the requirements of a direction given under section 19(1) have not been complied with in respect of the club-house within the period of time indicated in the notice served under that section,the District Court shall make an order in writing directing that the club-house shall close and shall cease to be used as a club-house until the Secretary gives notice under subsection (4).(2) On the making of an order under subsection (1)—(a) any police officer or any public officer authorized by the Secretary in writing may remove from the club-house any person found in the club-house and any person being in the club-house in contravention of subsection (3);(b) the Secretary may execute or cause to be executed any work necessary to give effect to the order made under subsection (1) and may recover in the District Court any expenses incurred by reason of any such work from the person being the operator, keeper, manager or otherwise having control of the club-house as a debt due to the Government. (Amended 34 of 1999 s. 3)(3) No person other than—(a) a public officer in the course of his duty; or(b) any person authorized by the Secretary in writing,shall enter or be in the club-house while an order under subsection (1) is for the time being in force.(4) An order under subsection (1) shall remain in force until the Secretary by notice in writing—(a) served either personally or by registered post on the person being the operator, keeper, manager or otherwise having control of the club-house; or(b) posted in a conspicuous part of the club-house,declares that the club-house may open and may be used as a club-house. Part VIII Miscellaneous 21. Offences in relation to certificates of exemption and certificates of compliance (1) Any person who on any occasion operates, keeps, manages or otherwise has control of a club-house in respect of which a certificate of exemption, or a certificate of compliance, as the case may be, has been issued—(a) in contravention of any condition of the certificate of exemption, or the certificate of compliance, as the case may be, so issued;(b) in any premises other than the premises indicated in the certificate of exemption, or the certificate of compliance, as the case may be, so issued; or(c) under any name other than the name of the club indicated in the certificate of exemption, or the certificate of compliance, as the case may be, so issued,commits an offence.(2) Where any condition of a certificate of exemption, or a certificate of compliance, as the case may be, is contravened, the person in whose name the certificate of exemption, or the certificate of compliance, as the case may be, was issued shall be guilty of an offence unless he adduces evidence which 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.(3) Where an offence under subsection (1) is alleged to have been committed, evidence that a defendant did any act in connection with the operation, keeping, management or other control of a club-house shall, unless the contrary is proved, be proof that the defendant operated, kept, managed or otherwise had control of a club-house.(4) Any person who—(a) in or in connection with any application under this Ordinance makes any statement or furnishes information, whether such statement be oral or written, which is false in any material particular and which he knows or reasonably ought to know is false in such particular;(b) obstructs the Secretary or any public officer in the exercise of any of his powers under this Ordinance;(c) refuses to produce any book, document, or any other article upon being so required under section 18 or furnishes information which is false in a material particular and which he knows or reasonably ought to know is false in such particular;(d) fails to comply with the requirements of a direction given under section 19 within the period indicated in the notice served thereunder;(e) not being a public officer in the course of his duty or a person authorized by the Secretary in writing, enters or is in a club-house while an order under section 20(1) is for the time being in force,commits an offence.(5) Any person who commits an offence under this section is liable to a fine at level 6 and to imprisonment for 2 years and to a fine of $10,000 for each day during which the offence continues. (Amended E.R. 3 of 2021) 22. Regulations (1) The Chief Executive in Council may by regulation provide for or in relation to— (Amended 34 of 1999 s. 3)(a) the adequacy, suitability and use of apparatus or equipment in club-houses;(b) reports and information to be supplied to the Secretary in respect of club-houses;(c) the design, structure, hygiene and sanitation of club-houses;(d) the precautions to be taken against fire or other hazard likely to endanger the lives of persons on premises being used as club-houses;(e) the fees to be charged for any matter prescribed or permitted by this Ordinance;(f) the lodging of appeals under section 13 and the practice and procedure of the Appeal Board;(g) generally, carrying into effect the provisions of this Ordinance.(2) Any regulation made under this section may—(a) prohibit the performance of particular acts without the consent of the Secretary;(b) authorize the Secretary to require or prohibit the performance of particular acts; and(c) require particular acts to be performed to the satisfaction of the Secretary.(3) Where the Secretary is satisfied that the safety of a person using a club-house will not be adversely affected, he may, by notice in writing to the person being the operator, keeper, manager or otherwise having control of that club-house, waive wholly, partly or conditionally the requirements of any regulation in respect of that club-house and may amend or withdraw any such notice.(4) Regulations made under this section may provide that a contravention thereof shall be an offence punishable by a fine not exceeding level 6 and a term of imprisonment not exceeding 2 years and punishable by a fine not exceeding $10,000 for each day during which the offence continues. (Amended E.R. 3 of 2021)(5) Any regulation made under subsection (1)(e) may provide for—(a) a different fee to be payable having regard to—(i) the type or description of a club-house;(ii) the number of members and their accompanied guests able to be accommodated in a club-house;(iii) the total floor area of a club-house; and(b) the waiver, remission, reduction or refund of any fee.