Cap 435 - Amusement Game Centres Ordinance 1
Chapter: 435 Amusement Game Centres Ordinance Gazette Number Version Date
Long title E.R. 2 of 2012 02/08/2012
An Ordinance to regulate amusement game centres.
(Enacted 1993)
[1 December 1993] L.N. 444 of 1993
(Enacting provision omitted—E.R. 2 of 2012)
(Originally 64 of 1993)
(*Format changes—E.R. 2 of 2012)
_______________________________________________________________________________
Note:
*The format of the Ordinance has been updated to the current legislative styles.
Part: 1 Preliminary E.R. 2 of 2012 02/08/2012
(Enacted 1993)
Section: 1 Short title E.R. 2 of 2012 02/08/2012
(1) This Ordinance may be cited as the Amusement Game Centres Ordinance.
(2) (Omitted as spent—E.R. 2 of 2012)
(Enacted 1993)
Section: 2 Interpretation E.R. 2 of 2012 02/08/2012
(1) In this Ordinance, unless the context otherwise requires-
amusement game centre (遊戲機中心) means, subject to section 3, any place in which there is installed or placed for
use or operation for the purpose, in whole or in part, of amusement, recreation or entertainment on payment
directly or indirectly of any consideration in money or money's worth, any machine or device-
(a) which enables or is capable of enabling any person by any means whatever to release, set in motion,
manipulate, control or direct the movement of any ball, projectile, or other object, and registers any score or
combination in any manner whatever; or
(b) which enables or is capable of enabling any person by any means whatever to release, set in motion,
manipulate, control or direct the movement of any image, signal or electrical impulse; or
(c) which upon the insertion therein by any person of any coin, token, disc, card or object, produces or is
capable of producing to him any prize, coin, token or disc or any other object or article whatever; or
(d) specified in Schedule 1,
not being a machine or device specified in Schedule 2;
Appeal Board (上訴委員會) means the Appeal Board constituted under section 13;
appointed public officer (獲委公職人員) means any public officer appointed by the Secretary for the purposes of
this Ordinance; (Added 17 of 2011 s. 28)
Chairman (主席) means the person appointed as Chairman of the Appeal Board under section 12;
licence (牌、牌照) means a licence granted under section 5 or renewed under section 8 to operate an amusement
game centre;
licensee (持牌人) means a person to whom a licence has been granted;
machine or device (機器或裝置) means any machine or device of a class specified in paragraph (a), (b) or (c) of the
definition amusement game centre or in Schedule 1;
place (地方) includes any place whether on land or water;
Cap 435 - Amusement Game Centres Ordinance 2
playing (玩), in relation to a game means the use or operation for the purpose, in whole or in part, of amusement,
recreation or entertainment on payment directly or indirectly of any consideration in money or money's worth, of
any machine or device;
Secretary means the Secretary for Home Affairs. (Amended L.N. 120 of 1995; L.N. 372 of 1996; L.N. 192 of 1998;
L.N. 206 of 1998)
(Amended 17 of 2011 s. 28)
(2) The Chief Executive in Council may by order include any machine or device in or amend Schedule 1.
(Amended 59 of 2000 s. 3)
(3) The Secretary may by order include any machine or device in or amend Schedule 2.
(4) An order under subsection (2) or (3) shall be published in the Gazette.
(Enacted 1993)
Section: 3 Exemption E.R. 2 of 2012 02/08/2012
(1) The Secretary may for reasons connected with the operation, keeping, management or other control of an
amusement game centre by order exempt-
(a) any place or class or description of places; and
(b) any trade, business or occupation situated or carried on within any area specified in the order,
from the operation of this Ordinance or any part thereof.
(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 of time; or
(d) have such partial application,
as may be indicated in the order.
(Enacted 1993)
Section: 4 Prohibition on operating an amusement game centre
without a licence
E.R. 2 of 2012 02/08/2012
(1) Any person who on any occasion-
(a) operates, keeps, manages or otherwise has control of, an amusement game centre in regard to the operation
of which a licence is not in force; or
(b) in any capacity assists, either directly or indirectly, in the operation, keeping, management or other control
of an amusement game centre in regard to the operation of which a licence is not in force,
commits an offence.
(2) It shall not be a defence that a person charged with an offence under subsection (1) did not know that the
operation of the amusement game centre which is the subject of the offence was not licensed.
(3) Any person who commits an offence under subsection (1) shall be liable-
(a) on first conviction, to a fine at level 6 and to imprisonment for 6 months;
(b) on a second or subsequent conviction, to a fine of $200000 and to imprisonment for 1 year;
(c) on any conviction, to a fine of $20000 for each day during which the offence continues.
(Amended E.R. 2 of 2012)
(Enacted 1993)
Part: 2 Licences E.R. 2 of 2012 02/08/2012
(Enacted 1993)
Section: 5 Application for and grant of a licence E.R. 2 of 2012 02/08/2012
(1) An application by a person for a licence shall be-
(a) made to the appointed public officer in such form and manner as the appointed public officer may
determine;
Cap 435 - Amusement Game Centres Ordinance 3
(b) accompanied by such information, particulars and plans as the appointed public officer may require; and
(c) accompanied by the prescribed fee payable for an application for a licence.
(2) Notice of an application made under subsection (1) by a person applying for a licence, in such form and
containing such particulars as the appointed public officer may require, shall be furnished to the appointed
public officer by the person so applying and shall be advertised by that person on not less than 2 occasions, in
Chinese, in one Chinese language newspaper circulating in Hong Kong and on not less than 2 occasions, in
English, in one English language newspaper circulating in Hong Kong.
(3) Subject to subsection (4), the appointed public officer may grant a licence, and may impose such conditions in
relation to the operation, keeping, management or other control of the amusement game centre as he thinks fit.
(4) The appointed public officer shall not grant a licence unless he is satisfied in relation to the proposed operation
of the amusement game centre, that- (Amended 17 of 2011 s. 28)
(a) the person applying for a licence is an individual person who-
(i) has attained the age of 18 years;
(ii) is a fit and proper person to operate an amusement game centre;
(iii) will adequately and personally supervise the operation of the amusement game centre;
(iv) is not the agent, representative or servant of any person whose licence has been revoked or whose
application to renew a licence has been refused under section 9;
(b) the place of proposed operation is-
(i) suitable for the operation of an amusement game centre; and
(ii) located in an area suitable for the operation of an amusement game centre.
(5) In the making of a decision under subsection (4)(b) the appointed public officer, without affecting the generality
of that subsection, may take into account the views of persons whose place of residence or employment is within
the District of the place of proposed operation.
(6) Where the appointed public officer refuses to grant a licence he shall make a written order, properly dated and
signed, to that effect adequately stating by reference to subsection (4)(a) or (b), the matter in respect of which he
is not satisfied and shall send a copy thereof by registered post to the applicant, at the address last known to the
appointed public officer.
(7) A licence granted under this section shall-
(a) be in such form as the appointed public officer may determine;
(b) not take effect except on payment of the prescribed fee payable for the grant of a licence;
(c) authorize the licensee to operate an amusement game centre-
(i) with such number and type of machines or devices;
(ii) for the playing of such type of games by persons of such category or description-
(A) who are under the age of 16 years; or
(B) who have attained the age of 16 years;
(iii) at such place; and
(iv) for a period of 12 months or such lesser period,
as shall be indicated therein.
(8) In subsection (5), District (地方行政區) has the meaning assigned to it by the District Councils Ordinance
(Cap 547). (Replaced 8 of 1999 s. 89)
(Amended 17 of 2011 s. 28)
(Enacted 1993)
Section: 6 Transfer of a licence E.R. 2 of 2012 02/08/2012
(1) Except as provided in this section a licence shall not be transferable.
(2) The appointed public officer may on application in writing to him, showing sufficient cause to his satisfaction,
and on payment of the prescribed fee payable for an application for a transfer, permit the transfer of an existing
licence until its expiration to another person, and such transfer shall be endorsed on the licence.
(3) Where a licence is transferred under subsection (2), a reference in this section and in sections 5, 8, 9, 10, 18, 19,
20 and 23 and in any regulation made under section 18 to a licensee, shall be construed as a reference to the
person to whom the licence has been transferred.
(4) Where a licence is transferred under subsection (2) the appointed public officer may in respect of the licence
impose any condition in addition to or instead of any condition previously imposed by him under section 5(3).
(5) Where the appointed public officer refuses to permit the transfer of a licence under subsection (2), he shall give
Cap 435 - Amusement Game Centres Ordinance 4
to the applicant, in writing, an adequate statement of the reasons for the refusal.
(Amended 17 of 2011 s. 28)
(Enacted 1993)
Section: 7 Grant or transfer of a licence to bodies corporate or
partnerships
E.R. 2 of 2012 02/08/2012
(1) Where a body corporate or a partnership wishes to obtain a licence under section 5 a person authorized in that
behalf shall apply as the agent or representative of the body corporate or the partnership and, if a licence is
granted by the appointed public officer, it shall be expressed to be granted to that person on behalf of the body
corporate or the partnership, as the case may be. (Amended 17 of 2011 s. 28)
(2) Where a licence is transferred to a body corporate or a partnership under section 6(2), it shall be expressed to be
transferred to a person authorized in that behalf as the agent or representative of the body corporate or the
partnership, as the case may be.
(Enacted 1993)
Section: 8 Renewal of a licence E.R. 2 of 2012 02/08/2012
(1) A licensee may, before the expiration of his licence, apply for his licence to be renewed for a period of 12
months or such lesser period as may be indicated by the licensee at the time of application.
(2) This section does not apply to a licensee whose licence is revoked.
(3) An application by a licensee for the renewal of a licence shall be made to the appointed public officer-
(Amended 17 of 2011 s. 28)
(a) not less than 60 days prior to the expiration of the licence or within such other period prior to the expiration
thereof as the appointed public officer may in writing permit;
(b) in such form and manner as the appointed public officer may determine,
and be accompanied by such information, particulars and plans as the appointed public officer may require.
(4) The renewal of a licence under this section shall not have effect except on payment of the prescribed fee payable
for the renewal of a licence and the appointed public officer may in respect of the licence impose any condition
in addition to or instead of any condition previously imposed by him under section 5(3).
(5) Any licence 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 licence is revoked or
suspended under section 9, remain in effect until the determination by the appointed public officer of such
application.
(6) The renewal of a licence under this section shall have effect on the day following the day upon which the licence
would have expired but for subsection (5), for a period of 12 months or such lesser period as may be indicated
by the appointed public officer at the time of renewal.
(7) The appointed public officer shall deal with the determination of a refusal of the renewal of a licence in the
manner provided in sections 9 and 10.
(Amended 17 of 2011 s. 28)
(Enacted 1993)
Section: 9 Revocation, suspension, refusal to renew; amendment or
variation of conditions of a licence
E.R. 2 of 2012 02/08/2012
(1) The appointed public officer may by notice in writing served upon the licensee either personally or by registered
post- (Amended 17 of 2011 s. 28)
(a) revoke a licence;
(b) suspend a licence for such period of time as he may think fit;
(c) refuse to renew a licence; or
(d) amend or vary the conditions of a licence,
on any ground mentioned in subsection (2).
(2) The grounds referred to in subsection (1) are that-
(a) the licensee or any agent, representative or servant of the licensee, has been convicted of an offence under
this Ordinance or any regulation made under section 18;
Cap 435 - Amusement Game Centres Ordinance 5
(b) the appointed public officer is satisfied that any false or misleading statement or information was made or
furnished in connection with an application under section 5(1), 6(2), 7(1) or 8(1) to obtain or renew the
licence, whether or not any person has been convicted of an offence under section 19(4);
(c) the appointed public officer is satisfied that a condition of the licence has been contravened, whether or not
any person has been convicted of an offence under section 19(1) or (3);
(d) the appointed public officer has ceased to be satisfied of any matter in respect of which he is required to be
satisfied under section 5(4)(a);
(e) the appointed public officer is satisfied that- (Amended 17 of 2011 s. 28)
(i) the licensed amusement game centre has ceased to be operated as such or to exist;
(ii) the licensee has ceased to operate, keep, manage or otherwise control the licensed amusement game
centre; or
(f) the appointed public officer is satisfied that the licensed amusement game centre has, on any occasion since
the date on which the licence was granted, been operated in a manner contrary to the public interest.
(Amended 17 of 2011 s. 28)
(Enacted 1993)
Section: 10 Notice of revocation, suspension or refusal to renew E.R. 2 of 2012 02/08/2012
(1) The appointed public officer shall, before serving notice under section 9(1), give to the licensee notice of his
intention to do so, adequately stating, by reference to section 9(2), the grounds on which he intends to serve the
notice and indicating that the licensee may make written representations to him.
(2) If the appointed public officer decides to serve notice under section 9(1), he shall make a written order, properly
dated and signed, to that effect and shall send a copy thereof by registered post to the licensee, at the address last
known to the appointed public officer.
(Amended 17 of 2011 s. 28)
(Enacted 1993)
Part: 3 Appeals E.R. 2 of 2012 02/08/2012
(Enacted 1993)
Section: 11 Appeals against decisions of the appointed public officer* E.R. 2 of 2012 02/08/2012
(1) Any person aggrieved by a decision of the appointed public officer made in respect of him under section 5, 6, or
9 may appeal to the Appeal Board.
(2) A decision under section 9 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 appointed public officer, 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.
(Amended 17 of 2011 s. 28)
(Enacted 1993)
_________________________________________________________________________________________
Note:
* (Amended 17 of 2011 s. 28)
Section: 12 Appeal Board E.R. 2 of 2012 02/08/2012
(1) Every appeal shall be determined by the Appeal Board constituted under section 13.
(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). (Amended 59 of 2000 s. 3)
(3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be reappointed.
(4) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under section
13 as members of the Appeal Board to hear any appeal. (Amended 59 of 2000 s. 3)
Cap 435 - Amusement Game Centres Ordinance 6
(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 59 of 2000 s. 3)
(Enacted 1993)
Section: 13 Constitution of Appeal Board E.R. 2 of 2012 02/08/2012
(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 12(4) as the Chairman may, subject to subsection (3), appoint to be members thereof
to hear any appeal.
(2) 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.
(3) The Appeal Board shall not at any time consist of a majority of persons who are public officers.
(4) Prior to or at the hearing of an appeal the Appeal Board may-
(a) consider and determine whether a party should have access to documents which the party claims are
relevant to the appeal and which are in the possession or control of another person and order that other
person to give the party access to such documents;
(b) receive evidence on oath and administer any oath necessary for that purpose;
(c) admit or take into account any statement, document, information or matter whether or not it would be
admissible in a court of law;
(d) by notice in writing summon any person to appear before it to produce any document or other thing
specified in the notice or to give evidence;
(e) give directions to the appointed public officer with respect to the exercise by the appointed public officer of
such of the functions of the appointed public officer under this Ordinance as are relevant to the appeal and
the appointed public officer shall comply with any such direction; (Amended 17 of 2011 s. 28)
(f) 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
(g) make an award to the appointed public officer or to the appellant 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. (Amended 17 of 2011 s.
28)
(5) The Appeal Board shall have the powers which are vested in the Court of First Instance in the exercise of its
powers under subsection (4). (Amended 25 of 1998 s. 2)
(6) Any person who is served with a summons under subsection (4) and who-
(a) on being summoned as a witness before the Appeal Board makes default in attending;
(b) being in attendance as a witness refuses to take an oath required by the Appeal Board to be taken, or to
produce any document or other thing in his possession or control required by the Appeal Board to be
produced by him, or to answer any question to which the Appeal Board may 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,
commits an offence and is liable to a fine at level 5.
(7) 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)
(8) Any sum awarded to the appointed public officer under subsection (4)(g) shall be a debt due from the appellant
to the Government and recoverable in the District Court and any sum payable by the appointed public officer to
the appellant under such an award shall be charged on the general revenue. (Amended 59 of 2000 s. 3; 17 of
2011 s. 28)
(9) The Chairman may determine any form or matter of practice or procedure for which no provision is made in this
Ordinance.
(Amended E.R. 2 of 2012)
Section: 14 Supplementary provisions relating to appeals E.R. 2 of 2012 02/08/2012
(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
Cap 435 - Amusement Game Centres Ordinance 7
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 59 of 2000 s. 3)
(2) If a person appointed by the Chairman under section 13(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 12(4) to act in his place.
(3) The hearing of an appeal may be continued notwithstanding any change in the membership of the Appeal Board
and no decision of the Appeal Board shall be questioned by virtue of the absence of a member of the Appeal
Board during the hearing of an appeal provided that member does not participate in the final decision of the
Appeal Board.
(Enacted 1993)
Section: 15 Case may be stated for Court of Appeal E.R. 2 of 2012 02/08/2012
(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.
(3) Where the Court of Appeal determines a case stated under this section it shall cause a copy of the case, together
with a copy of its opinion thereon, to be sent to the Chairman.
(4) Where the Court of Appeal sends its opinion under subsection (3), the Appeal Board shall determine the relevant
appeal having regard to the opinion of the Court.
(Enacted 1993)
Part: 4 Miscellaneous E.R. 2 of 2012 02/08/2012
(Enacted 1993)
Section: 16 Power of entry E.R. 2 of 2012 02/08/2012
(1) For the purpose of ascertaining whether any provision of this Ordinance or of any regulation made under section
18 is being complied with the appointed public officer, a police officer or any public officer authorized in
writing by the appointed public officer in that behalf may enter and inspect any amusement game centre.
(2) If it is made to appear to a magistrate by information upon oath that there is reason to believe that an offence
against section 4(1) or 19(1) or (3) is being committed in any place, the magistrate may issue a warrant
authorizing any police officer or any public officer authorized in writing by the appointed public officer in that
behalf to enter and search such place. (Amended 47 of 1997 s. 10)
(Amended 17 of 2011 s. 28)
(Enacted 1993)
Section: 17 Power of seizure E.R. 2 of 2012 02/08/2012
(1) A police officer or any public officer authorized in writing by the appointed public officer in that behalf who has
entered any place in pursuance of a warrant issued under section 16(2) may seize and remove from that place
any machine or device together with its contents and all related or ancillary components including any cabinet or
other casing in which it is housed if he has reason to suspect that such machine or device may be liable to
forfeiture under section 22, and may detain the machine or device and the contents, components, cabinet and
casing until all proceedings, including any appeal, have been completed or a decision is taken not to proceed.
(Amended 17 of 2011 s. 28)
(2) No claim or action shall lie against the Government or any public officer in respect of the seizure, removal or
detention of any machine or device under subsection (1). (Amended 59 of 2000 s. 3)
(Enacted 1993)
Cap 435 - Amusement Game Centres Ordinance 8
Section: 18 Regulations E.R. 2 of 2012 02/08/2012
(1) The Chief Executive in Council may by regulation provide for the- (Amended 59 of 2000 s. 3)
(a) fees that may be charged for and in relation to the grant, transfer, endorsement of transfer and the renewal
of a licence, the amendment of the conditions or the particulars of a licence where amendment is at the
request of a licensee, and the issue of a duplicate licence;
(b) lodging of appeals under section 11 and the practice and procedure of the Appeal Board; and
(c) better carrying into effect of the provisions and purposes of this Ordinance.
(2) The amount of fees provided for under subsection (1)(a) need not be limited by reference to the amount of
administrative or other costs incurred or likely to be incurred by the appointed public officer in the discharge of
his functions under this Ordinance. (Amended 17 of 2011 s. 28)
(3) Without prejudice to the generality of subsection (2), any regulation made under subsection (1)(a) may provide
for-
(a) a different fee to be payable having regard to-
(i) the number and type of machines or devices installed or intend to be installed in the licensed
amusement game centre;
(ii) the period indicated in the licence under section 5(7)(c)(iv); and
(b) the waiver, remission, reduction or refund of any fee.
(4) Any regulation made under this section may provide that a contravention thereof shall be an offence and may
provide penalties for such offence not exceeding a fine at level 5 and imprisonment for 6 months.
(Amended E.R. 2 of 2012)
(Enacted 1993)
Section: 19 Offences in relation to a licence E.R. 2 of 2012 02/08/2012
(1) Any person who on any occasion-
(a) operates, keeps, manages or otherwise has control of a licensed amusement game centre in contravention of
any condition of the licence; or
(b) in any capacity assists, either directly or indirectly, in the operation, keeping, management or other control
of a licensed amusement game centre in contravention of any condition of the licence,
commits an offence.
(2) Where an offence under subsection (1)(a) is alleged to have been committed, any evidence which proves that a
defendant did any act in connection with the operation, keeping, management or other control of a licensed
amusement game centre is, in the absence of any evidence which proves that the defendant did not operate, keep,
manage or otherwise have control of a licensed amusement game centre, proof that the defendant operated, kept,
managed or otherwise had control of a licensed amusement game centre.
(3) Where a condition of a licence is contravened the licensee commits an offence unless he 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.
(4) Any person who makes any false or misleading statement or furnishes any false or misleading information in
connection with any application under section 5(1), 6(2), 7(1) or 8(1) commits an offence.
(5) Any person who commits an offence under this section shall be liable-
(a) on first conviction, to a fine at level 5 and to imprisonment for 6 months;
(b) on second or subsequent conviction, to a fine at level 6 and to imprisonment for 1 year.
(Amended E.R. 2 of 2012)
(Enacted 1993)
Section: 20 Offence in relation to gaining admission to a licensed
amusement game centre
E.R. 1 of 2013 25/04/2013
(1) No person who has attained the age of 16 years shall gain or attempt to gain admission to any licensed
amusement game centre authorized under section 5(7)(c)(ii)(A), for the playing of any game by persons under
the age of 16 years.
Cap 435 - Amusement Game Centres Ordinance 9
(2) Any person who has attained the age of 16 years and who contravenes subsection (1) commits an offence and
shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months.
(3) In a prosecution for an offence under subsection (1) it shall be a defence for the person charged to show that-
(a) he did not know that the licensed amusement game centre was authorized under section 5(7)(c)(ii)(A), for
the playing of any game by persons under the age of 16 years; and
(b) he could not, with the exercise of reasonable diligence, have known that the licensed amusement game
centre was so authorized.
(4) This section shall not apply to-
(a) a licensee;
(b) an agent or servant of a licensee;
(c) a public officer in the exercise of any power or the execution of any duty under this or any other Ordinance;
(d) a person who has attained the age of 16 years accompanying another person who is under the age of 16
years, for the purposes of the care and welfare of that other person; or
(e) any person exempted in writing by the appointed public officer. (Amended 17 of 2011 s. 28)
(Amended E.R. 1 of 2013)
(Enacted 1993)
Section: 21 Proof of licence and proof of prior conviction E.R. 2 of 2012 02/08/2012
(1) For the purpose of any proceedings under this Ordinance a document purporting to be a copy of a licence and of
any conditions to which the licence is subject, and to be certified by a public officer appointed in writing by the
appointed public officer for that purpose to be a true copy, shall be received in evidence on its production
without further proof and it shall be presumed that- (Amended 17 of 2011 s. 28)
(a) the document is a true copy of the licence;
(b) the person who certified the document was a public officer appointed in writing by the appointed public
officer for that purpose; and (Amended 17 of 2011 s. 28)
(c) the licence was granted in respect of the place stated in the document to the person stated in the document
and is subject to those conditions.
(2) For the purposes of any proceedings under section 4, a document purporting to be a certificate signed by a police
officer of the rank of superintendent or above that the person named in the certificate was on the date specified
in the certificate convicted of an offence contrary to section 4 and that the offence was committed in relation to a
place stated in the certificate shall be admitted in evidence in any proceedings under section 4 on its production
and without further proof and it shall be presumed that-
(a) the person who signed the certificate was a police officer of the rank stated in the certificate; and
(b) the person named in the certificate was on any date specified in the certificate convicted of an offence
contrary to section 4 and that the offence was committed in relation to the place stated in the certificate.
(Enacted 1993)
Section: 22 Forfeiture E.R. 2 of 2012 02/08/2012
The court may, on the conviction of any person of an offence under section 4 or 19 relating to an amusement game
centre, order the forfeiture of any machine or device together with its contents and all related or ancillary components
including any cabinet or other casing in which it is housed, if any, seized by a police officer or by any public officer
authorized in writing by the appointed public officer in that behalf under section 17, being a machine or device which
was installed or placed in the amusement game centre for the purposes of amusement, recreation or entertainment,
unless the owner of the machine or device satisfies the court that there is special and exceptional reason not to order
forfeiture, such as that the machine or device had been stolen and the theft reported to the police as soon as
practicable; but ownership of itself of a machine or device by a person other than the person convicted or financial
hardship to any person shall not be special and exceptional reason.
(Amended 17 of 2011 s. 28)
(Enacted 1993)
Section: 23 Existing licences E.R. 2 of 2012 02/08/2012
(1) An amusement game centre licence which was granted under the Miscellaneous Licences Ordinance (Cap 114)
Cap 435 - Amusement Game Centres Ordinance 10
and remained in force immediately before the commencement of this section shall continue in force after such
commencement and have effect according to its tenor as if it were a licence granted under section 5 of this
Ordinance.
(2) The appointed public officer may, in respect of any licence to which subsection (1) applies, by notice in writing
served upon the licensee either personally or by registered post, impose any condition in addition to or instead of
any condition of such licence as he thinks fit. (Amended 17 of 2011 s. 28)
(Enacted 1993)
Section: 24 (Omitted as spent—E.R. 2 of 2012) E.R. 2 of 2012 02/08/2012
(Enacted 1993)
Section: 25 (Omitted as spent—E.R. 2 of 2012) E.R. 2 of 2012 02/08/2012
(Enacted 1993)
Schedule: 1 E.R. 2 of 2012 02/08/2012
[section 2]
(Enacted 1993)
Schedule: 2 E.R. 2 of 2012 02/08/2012
[section 2]
1. Gymnasium equipment installed in a gymnasium or recreational health clinic
(Enacted 1993)
Schedule: 3 (Omitted as spent—E.R. 2 of 2012) E.R. 2 of 2012 02/08/2012
