This Act sets up rules for licensing and controlling massage establishments, defines key terms, and gives the Minister and Licensing Officer appointment powers.
Massage Establishments Act 2017 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to provide for the licensing and control of establishments for massage. [1 March 2018] PART 1 PRELIMINARY Short title 1. This Act is the Massage Establishments Act 2017. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “advertise” means to advertise, directly or indirectly, by means of spoken words or any form of printed or written matter or any other medium; “authorised person” means an individual appointed as an authorised person under section 4(1); “Commissioner” means the Commissioner of Police appointed under the Police Force Act 2004; “establishment for massage” means any premises used, represented as being used, or intended to be used, for the reception or treatment of persons seeking massage; “inspecting officer” means the Licensing Officer, an Assistant Licensing Officer, a police officer or an authorised person; “licence” means a licence granted under section 7(1); “licensee” means any person to whom a licence is granted; “Licensing Officer” means the officer appointed under section 3(a), and includes an Assistant Licensing Officer; “massage” means the act of rubbing, kneading, or manipulating the human body or any part of it, by any person (whether or not using any hand‑held equipment), for the purpose of relaxing muscle tension, stimulating circulation, increasing suppleness or otherwise; “occupier”, in relation to any premises, means the tenant, subtenant or lessee of the premises or any person in charge of the premises, whether or not that person is in actual occupation and whether or not that person has powers to further let or sublet the premises; “owner”, in relation to any premises, means a person who, for the time being, has power or authority to let, hire, sell or convey the premises to another person, or who receives the rent of the premises whether on that person’s own account or as an agent or a trustee for any other person; “premises closure order” means a premises closure order issued under section 19(1); “repealed Act” means the Massage Establishments Act (Cap. 173, 2013 Revised Edition) repealed by this Act; “requirement of the Act” means — (a) a requirement of or under a provision of this Act or any rules made under this Act; or (b) a condition of a licence; “responsible officer”, in relation to an applicant for a licence or a licensee, means — (a) where a partnership is the applicant or licensee — a partner of the partnership; (b) where an unincorporated association is the applicant or licensee — a member of the governing body of the unincorporated association; and (c) where a company or other body corporate is the applicant or licensee — any director of the company or officer holding a similar managerial or an executive position in the body corporate. (2) For the purposes of this Act, a person carries on the business of providing massage services if the person provides massage services in the course of business, whether or not those services are accompanied by any other service or supply of goods. Appointment of officers 3. The Minister may appoint — (a) a public officer to be the Licensing Officer for the purpose of this Act; and (b) any number of other public officers to be Assistant Licensing Officers as may be necessary. Authorised persons 4.—(1) The Licensing Officer may, in relation to any provision of this Act, appoint an individual who is suitably trained as an authorised person for the purposes of that provision. (2) An appointment under subsection (1) is subject to such conditions or limitations as set out in this Act and, subject to the provisions of this Act, as specified by the Licensing Officer. (3) An authorised person who, in the course of duty as an authorised person, exercises any power as such, is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising the power.