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Clubs (Safety Of Premises) Ordinance


Published: 1997-06-30

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Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 1

Chapter: 376 CLUBS (SAFETY OF PREMISES) ORDINANCE Gazette Number Version Date

Long title 30/06/1997


An Ordinance to provide for the regulation, control and safety of club-houses and for connected purposes.

[Sections 2, 3, 5, 6, 8 and 22 } 1 November 1991
The Ordinance, except sections 2,

3, 5, 6, 8 and 22 } 1 April 1992 L.N. 393 of 1991]


(Originally 57 of 1991)
(Enacted 1991)


Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Clubs (Safety of Premises) Ordinance.
(Enacted 1991)


Section: 2 Interpretation 30/06/1997


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 Affairs.
(Enacted 1991)


Section: 3 Exclusion by order 30/06/1997


(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.



Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 2

(Enacted 1991)

Part: II RESTRICTION ON OPERATION OF CLUB-HOUSES 30/06/1997




Section: 4 Restriction on operating club-house unless exempted or
certified

30/06/1997



(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 $200000 and to imprisonment for 2 years and to a fine of $20000 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.
(Enacted 1991)


Part: III APPLICATION FOR CERTIFICATE OF EXEMPTION

OR CERTIFICATE OF COMPLIANCE
30/06/1997





Section: 5 Application for certificate of exemption or certificate of
compliance

30/06/1997



(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.
(Enacted 1991)


Part: IV CERTIFICATES OF EXEMPTION 30/06/1997




Section: 6 Issue of certificate of exemption 30/06/1997


(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



Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 3

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.

(Enacted 1991)

Section: 7 Transfer of certificate of exemption 30/06/1997


(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.

(Enacted 1991)

Part: V CERTIFICATE OF COMPLIANCE 30/06/1997




Section: 8 Issue of certificate of compliance 30/06/1997


(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



Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 4

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.

(Enacted 1991)

Section: 9 Renewal of certificate of compliance 30/06/1997


(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.

(Enacted 1991)

Section: 10 Cancellation and suspension of certificate of compliance or

refusal to renew such certificate, and amendment or
variation of conditions of such certificate

30/06/1997



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.

(Enacted 1991)

Section: 11 Notice of refusal of renewal and of cancellation or

suspension
30/06/1997



(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.



Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 5

(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.

(Enacted 1991)

Section: 12 Transfer of certificate of compliance 30/06/1997


(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.

(Enacted 1991)

Part: VI APPEALS 30/06/1997




Section: 13 Appeals 30/06/1997


(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.

(Enacted 1991)

Section: 14 Appeal Board 34 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 34 of 1999 s. 3


(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)

(Enacted 1991)




Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 6

Section: 15 Constitution of Appeal Board 25 of 1998; 34 of
1999

01/07/1997



Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 34 of 1999 s. 3


(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.

(Enacted 1991)

Section: 16 Supplementary provisions relating to appeals 34 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 34 of 1999 s. 3




Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 7

(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.

(Enacted 1991)

Section: 17 Case may be stated for Court of Appeal 30/06/1997


(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.

(Enacted 1991)

Part: VII SUPERVISION OF CLUB-HOUSES 30/06/1997




Section: 18 Inspection of club-houses 30/06/1997


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.

(Enacted 1991)

Section: 19 Secretary may direct remedial measures 30/06/1997


(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.



Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 8

(Enacted 1991)

Section: 20 Order for closure and cessation of use of premises as a

club-house
34 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 34 of 1999 s. 3


(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.

(Enacted 1991)

Part: VIII MISCELLANEOUS 30/06/1997




Section: 21 Offences in relation to certificates of exemption and
certificates of compliance

30/06/1997



(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-



Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 9

(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 of $100000 and to imprisonment

for 2 years and to a fine of $10000 for each day during which the offence continues.
(Enacted 1991)


Section: 22 Regulations 34 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 34 of 1999 s. 3


(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 $100000 and a term of imprisonment not exceeding 2 years and punishable by a
fine not exceeding $10000 for each day during which the offence continues.

(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.



Cap 376 - CLUBS (SAFETY OF PREMISES) ORDINANCE 10

(Enacted 1991)