Cap. 132 sub. leg. I

Commercial Bathhouses Regulation (78 of 1999 s.7)(Cap. 132, section 35)[3 March 1961](Format changes—E.R. 3 of 2020) 1. (Repealed 78 of 1999 s. 7) 2. (Repealed 78 of 1999 s. 7) 3. Interpretation (1) In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7)bath (沐浴) includes shower bath;bathhouse (浴室) means any premises maintained or intended to be maintained for the use, on payment of a fee, of persons requiring a bath, but does not include any swimming pool or any bathhouse managed by the Director; (78 of 1999 s. 7)bathroom (沐浴間) includes a room or compartment containing a shower; communicable disease (傳染病) includes amoebiasis, cerebrospinal meningitis, cholera, diphtheria, dysentery, enteric fever, gastroenteritis, acute inflammation of the throat, infectious hepatitis, leprosy, any form of tinea infection, tuberculosis, poliomyelitis, pediculosis, scabies, scarlet fever, smallpox, any venereal disease or any generalized skin infection, trachoma, acute conjunctivitis and any other disease which the Director may, from time to time, declare to be a communicable disease for the purposes of this Regulation; (78 of 1999 s. 7)Director (署長) means the Director of Food and Environmental Hygiene. (78 of 1999 s. 7)(2) Whenever the Director declares any disease to be a communicable disease for the purposes of this Regulation, a notification of such declaration shall be published in the Gazette. (78 of 1999 s. 7)(78 of 1999 s. 7) 4. Prohibition of unlicensed bathhouses Save under and in accordance with a licence granted by the Director, no person shall open or maintain a bathhouse. (78 of 1999 s. 7) 5. Application for licence (1) Every application for any such licence shall be made in writing, addressed to the Director, and shall be accompanied by 3 copies of a plan, as nearly as may be to scale, of the whole of the premises comprising the bathhouse. (2) Every plan, or any modification thereof, which is approved by the Director shall be endorsed to that effect by the Director, and one copy shall be returned to the applicant and the remaining 2 copies shall be retained by the Director. (78 of 1999 s. 7) 6. Conditions for grant of licence No such licence shall be granted unless the Director is satisfied in relation to the premises in respect of which the application for such licence was made that— (78 of 1999 s. 7)(a) the plan referred to in section 5 has been approved by the Director and the premises conform thereto; (78 of 1999 s. 7)(b) the means of ventilation provided, whether natural or mechanical or partly natural and partly mechanical, are sufficient in every part of the premises to safeguard the health in that respect of all persons resorting to or working in the premises; (c) the means of lighting provided in every part of the premises is adequate; (d) the internal surface of every wall of each bathroom therein is smooth and faced with impervious material to a height of not less than 2 m from the floor; (L.N. 89 of 1979) (e) the floor of each such bathroom is smooth and surfaced with impervious material, and is laid to such fall as will provide effective and rapid drainage of all water falling thereon; (f) the junctions between the walls and between the walls and the floor of each such bathroom are coved; (g) where the bathhouse receives persons of both sexes, bathing, latrine and washbasin facilities are provided in separate compartments for the use of persons of each sex, and no direct access is available from a compartment provided for the use of persons of one sex to a compartment provided for the use of persons of the opposite sex; (h) there is available within the bathhouse, for the use of persons resorting thereto, not less than one watercloset and one washbasin for every 10 baths therein, and, where the bathhouse receives persons of both sexes, there is not less than one watercloset and one washbasin for every 10 baths or less provided for each sex; (i) all baths, washbasins and other similar fittings have smooth washable surfaces and are properly drained; and (j) save as otherwise permitted in writing by the Director, all water supplied for bathing or washing purposes is drawn from Government mains. (78 of 1999 s. 7) 7. Restriction on alteration of licensed premises after grant of licence After the grant or renewal of any such licence, no licensee shall, save with the permission in writing of the Director, cause or permit to be made in respect of the premises to which the licence relates—(a) any alteration or addition which would result in any deviation from the plan thereof approved under section 5; or (b) any alteration in respect of any matter specified in section 6. (78 of 1999 s. 7) 8. Duties of licensees of bathhouses The licensee of every bathhouse shall—(a) at all times, maintain all parts of the bathhouse and all fittings and equipment therein in a clean and wholesome state and in good repair; (b) cause each bath to be thoroughly cleaned after each occasion on which it has been used and before it is used again; (c) where towels are provided for the use of persons resorting thereto, cause each such person to be supplied with a clean towel before bathing; (d) cause any phlegm, spittle or saliva found on the floors, walls or fittings of the bathhouse, or any part thereof, to be removed without delay and the place whereon the same was found to be cleaned with a disinfectant; and (e) cause all parts of the walls and ceilings of the bathhouse, other than those faced with smooth impervious material, to be limewashed in the months of January and July in each year. 9. Restriction on spitting (1) No person shall spit in any bathhouse, except into a spittoon or other receptacle provided for the purpose. (2) The licensee of every bathhouse shall provide at least one spittoon in each room or compartment of the bathhouse, and shall cause the same to contain disinfectant fluid and to be cleansed, and the fluid renewed, not less than once in every 24 hours. (3) Save as otherwise permitted in writing by the Director, every licensee shall cause one or more notices, prohibiting spitting and written in Chinese, to be continuously displayed in a conspicuous place in every part of the bathhouse to which persons resorting thereto have access. (78 of 1999 s. 7) 10. Bathhouses not to be used for dwelling purposes No person shall use, or permit to be used, for dwelling purposes any part of a bathhouse. 11. Restriction on cooking in bathhouses No person shall prepare or cook any food for human consumption in any part of a bathhouse to which persons resorting thereto have access. 12. Closing hours No bathhouse shall be open to the public except between the hours of 6 o’clock in the forenoon and midnight. 13. Privacy in bathrooms, etc. No person shall, in any bathhouse, enter or occupy any bathroom or watercloset, or any dressing room designed or used for private use, while the same is occupied by any other person: Provided that this section shall not apply to— (78 of 1999 s. 7)(a) any attendant working in the bathhouse who enters any such room at the request of the occupant thereof or in an emergency; or (b) any child under the age of 7 years who enters any such room which is occupied by a relative or his nurse. 14. (Repealed L.N. 84 of 1984) 15. Persons suffering from communicable diseases (1) No person knowingly suffering from a communicable disease shall enter or remain in any bathhouse: Provided that a health officer may issue a certificate in writing to any such person exempting him from the provisions of this subsection in any case in which such officer is satisfied that no danger to the public health is involved. (2) Any person employed or working in a bathhouse shall, if so required in writing by a health officer, submit himself to medical examination at such time and place as such health officer may direct and if, after medical examination, a health officer is satisfied that such person is suffering from any communicable disease or is likely to communicate to any other person any communicable disease, such last mentioned health officer may notify such person in writing to that effect, and such person shall forthwith cease to work in the same or any other bathhouse. (3) A notice given under subsection (2) shall continue in force until cancelled by a further notice in writing by a health officer declaring such first mentioned notice to be cancelled. (4) No person shall cause, or suffer or permit, any person, other than a person who has been duly exempted from the provisions of subsection (1), whom he knows or has reason to believe to be suffering from any communicable disease to work in any bathhouse. (5) No person shall cause, or suffer or permit, any person in respect of whom he knows or has reason to believe that a notice given under subsection (2) is in force to work in any bathhouse. (6) If it appears to the licensee of any bathhouse that any person therein, other than a person who has been duly exempted from the provisions of subsection (1), is suffering from any communicable disease, the licensee may direct such person to leave the bathhouse. (78 of 1999 s. 7) 16. Power of Director to close bathhouses (1) For the purpose of protecting the public health, the Director may, at any time, order that all bathhouses, or any specified bathhouse, shall be closed to the public for such period as may, in the opinion of the Director, be necessary. (2) No person shall, for the purpose of bathing therein, enter any bathhouse in respect of which an order has been made under subsection (1). (3) Every order made under subsection (1) shall be published in the Gazette. (78 of 1999 s. 7) 17. Fees (1) A licence granted under this Regulation shall be valid for a period of 1 year from the date of issue. (2) The fee for the grant or renewal of any such licence is the prescribed fee. (L.N. 122 of 1993; L.N. 297 of 1994) (3) If the Director is satisfied that any such licence granted to any person—(a) has been lost, destroyed or accidentally defaced; or (b) requires amendment, the Director may, upon payment of the prescribed fee, issue to such person a duplicate of the licence or make the amendment, as the case may be.(L.N. 149 of 1991; L.N. 68 of 1992; L.N. 345 of 1996; 78 of 1999 s. 7) 18. Bathhouses to be public places for the purpose of public decency For the avoidance of doubt, it is hereby declared that every part of a bathhouse shall, for the purpose of offences relating to public decency, be deemed to be a public place. 19. Offences and penalties (1) Any person who—(a) contravenes any of the provisions of section 4, 9(1), 10, 11, 13, 15(1), (4) or (5), or 16(2); (L.N. 84 of 1984) (b) being a person employed or working in a bathhouse—(i) fails to submit himself to medical examination when required to do so under the provisions of subsection (2) of section 15; or (ii) fails to cease to work in any bathhouse when required to do so by the provisions of that subsection; or (E.R. 3 of 2020)(c) fails to comply with any direction given to him under the provisions of section 15(6), shall be guilty of an offence. (2) In the event of any contravention of any of the provisions of section 7, 8, 9(2) or (3) or 12, the licensee of the bathhouse shall be guilty of an offence. (3) Any person who is guilty of an offence under this Regulation shall be liable on summary conviction to a fine at level 2 and to imprisonment for 1 month and, where the offence is a continuing offence, shall be liable in addition to a fine of $50 for each day during which it is proved to the satisfaction of the court that the offence has continued. (L.N. 286 of 1987; L.N. 177 of 1996) (78 of 1999 s. 7) 20. Name in which proceedings for offences may be brought 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 offences, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director.(L.N. 362 of 1997; 78 of 1999 s. 7) 21. Transitional This Regulation does not apply to commercial bathhouses existing immediately before 1 January 2000 in the area known immediately before that date as the Regional Council area, until 1 January 2002.(78 of 1999 s. 7)