Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 1
Chapter: 449 AMUSEMENT RIDES (SAFETY) ORDINANCE Gazette Number Version Date
Long title 30/06/1997
An Ordinance to provide for the design, manufacture and installation of amusement rides, the regulation of the
operation, maintenance and examination of amusement rides, the avoidance of dangerous conduct in relation
thereto, and for matters ancillary thereto or connected therewith.
(Enacted 1994)
[8 December 1994] L.N. 486 of 1994
(Originally 40 of 1994)
Part: I PRELIMINARY 30/06/1997
(Enacted 1994)
Section: 1 Short title 30/06/1997
(1) This Ordinance may be cited as the Amusement Rides (Safety) Ordinance.
(2) (Omitted as spent)
(Enacted 1994)
Section: 2 Interpretation L.N. 163 of 2013 03/03/2014
(1) In this Ordinance, unless the context otherwise requires- (Amended 72 of 1995 s. 11)
"amusement ride" (機動遊戲機) means a power driven device, together with the machinery, equipment and plant
connected to, or used in connection with, such device, which is designed to be driven or ridden by members of
the public primarily for amusement purposes-
(a) and includes any such device that is capable of being moved from one place of operation to another;
(b) but does not include any such device which is driven solely either by human physical effort or by
gravity or partly by such effort and partly by gravity only (that is, it is neither wholly nor partly power
driven), other than a device which is specified in Schedule 2; (Replaced 72 of 1995 s. 11)
"appeal" (上訴) means an appeal under section 23(1);
"appeal board" (上訴委員會) means an appeal board appointed under section 25;
"appointed day" (指定日期) means the day appointed under section 1(2);
"code of practice" (實務守則) includes-
(a) a standard;
(b) a specification; and
(c) any other documentary form of practical guidance;
"daily penalty" (每日罰款) means a penalty for each day on which the offence concerned is continued after
conviction therefor;
"designated employee" (指定僱員) means a person employed by the owner of an amusement ride who has been
designated under section 21(1) as a person who may exercise the powers conferred by sections 19 and 20;
"Director" (署長) means the Director of Electrical and Mechanical Services;
"examine" (檢查), in relation to an amusement ride, includes test;
"existing amusement ride" (原有機動遊戲機) means an amusement ride in respect of which installation works have
been completed before the appointed day, and whether or not immediately before that day there was in force in
respect of that ride a permit granted under section 8 of the Places of Public Entertainment Ordinance (Cap 172);
"inspect" (視察) includes examine;
"installation works" (安裝工程), in relation to an amusement ride, means all works relating to the installation of the
ride, other than building works relating to the construction of any buildings or structures connected with the ride;
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 2
"kiddie ride" (小童機動遊戲機) means an amusement ride-
(a) designed primarily for use by children aged not more than 12 years; and
(b) having-
(i) a designed carrying capacity of not more than 100 kilogrammes; and
(ii) a motive power of not more than 1.1 kilowatts;
"legal officer" (律政人員) means a legal officer within the meaning of the Legal Officers Ordinance (Cap 87);
"notice of appeal" (上訴通知) means a notice of appeal under section 23(1);
"officer" (高級人員), in relation to a body corporate, means an officer within the meaning of section 2(1) of the
Companies Ordinance (Cap 622); (Amended 28 of 2012 ss. 912 & 920)
"owner" (擁有人), in relation to an amusement ride-
(a) includes-
(i) where the ride is presented or carried on in or on a place of public entertainment within the
meaning of section 2 of the Places of Public Entertainment Ordinance (Cap 172), and
notwithstanding that the ride is not an entertainment within the meaning of that section, the
holder of a licence under that Ordinance in respect of that public entertainment;
(ii) where the ride is situated in an amusement game centre within the meaning of the Amusement
Game Centres Ordinance (Cap 435), the holder of a licence, if any, granted under that Ordinance
in respect of that centre; and
(iii) a lessee or hirer of the ride;
(b) where the use of the ride by members of the public is, by whatever means, by way of a leasing or
hiring arrangement, does not include a member of the public who is the lessee or hirer of the ride under
such an arrangement;
"panel" (上訴委員團) means the appeal board panel appointed under section 24;
"power driven" (以動力推動 ) includes magnetically, pneumatically, hydraulically, electrically or otherwise
mechanically driven but does not include driven by human physical effort; (Added 72 of 1995 s. 11)
"Secretary" means the Secretary for Home Affairs. (Amended L.N. 372 of 1996; L.N. 192 of 1998; L.N. 206 of 1998)
(2) For the purposes of this Ordinance, a device shall be regarded as being wholly or, where appropriate, partly
driven by a particular kind of power if it is so driven by that kind of power at any stage of its operation or propulsion.
(Added 72 of 1995 s. 11)
(Enacted 1994)
Section: 3 Application of Ordinance to existing amusement rides 30/06/1997
Unless otherwise specified in this Ordinance, this Ordinance shall apply to an existing amusement ride as it
applies to any other amusement ride.
(Enacted 1994)
Part: II INSTALLATION OF AMUSEMENT RIDES 30/06/1997
(Enacted 1994)
Section: 4 Application of this Part 30/06/1997
This Part shall not apply to-
(a) an existing amusement ride;
(b) a kiddie ride;
(c) any other amusement ride in respect of which the Director has determined that installation works have
been carried out before the appointed day to such an extent that it would be impracticable for this Part
to apply to the ride.
(Enacted 1994)
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 3
Section: 5 Designs, etc. 30/06/1997
A person wishing to install an amusement ride shall submit to the Director-
(a) the designs and specifications of the machinery, equipment and plant connected with the ride;
(b) the proposed method and programme of installation of the ride; and
(c) such other information, plans or calculations connected with the ride as may be required by the
Director.
(Enacted 1994)
Section: 6 Installation not to be carried out until designs, etc.
approved
30/06/1997
(1) A person wishing to install an amusement ride shall not carry out any part of the installation works until-
(a) the designs and specifications (including any plans and calculations) connected with the ride; and
(b) the method and programme of installation of the ride,
have been approved by the Director.
(2) An approval under subsection (1) may be limited to any stage in the installation of the amusement ride to
which the approval relates.
(Enacted 1994)
Section: 7 Amusement ride to be installed in accordance with designs,
etc.
30/06/1997
(1) All installation works in respect of an amusement ride shall be carried out by the person installing the ride
in accordance with-
(a) the designs and specifications (including any plans and calculations) connected with the ride; and
(b) the method and programme of installation of the ride,
as approved under section 6, subject to such modifications as may be made from time to time by that person with the
prior approval of the Director.
(2) Where, in respect of any part of any installation works in respect of an amusement ride, the Director is of
the opinion that-
(a) the provisions of this Ordinance relating to the installation of the ride are not being complied with; or
(b) the installation works are dangerous or liable to become dangerous to persons-
(i) employed in connection with the installation works; or
(ii) using, operating, or being in the vicinity of, the ride,
he may direct the person installing the ride to discontinue any such part and any such part shall not be continued until
the Director is satisfied that-
(i) any further installation works will comply with such provisions; or
(ii) the installation works are no longer so dangerous or liable to become so dangerous,
as the case may be.
(Enacted 1994)
Section: 8 Power to enter and inspect 30/06/1997
(1) The Director may at any reasonable time enter the place at which an amusement ride is being installed-
(a) to ascertain whether the person installing the ride is complying with the provisions of this Ordinance
relating to the installation of the ride;
(b) to ascertain whether the installation works are dangerous or liable to become dangerous to persons-
(i) employed in connection with the installation works; or
(ii) using, operating, or being in the vicinity of, the ride; and
(c) to examine the machinery, equipment and plant connected with the ride.
(2) The person installing an amusement ride shall, without cost, afford the Director such facilities and
assistance as he may reasonably require for the purposes of subsection (1).
(Enacted 1994)
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 4
Section: 9 Approval of designs, etc. not to confer title to land, etc. 30/06/1997
Neither-
(a) the approval of designs and specifications (including any plans and calculations) connected with an
amusement ride, and the method and programme of installation of the ride, under section 6; nor
(b) the approval of commencement of operation of the ride under section 10,
shall-
(i) confer any title to land;
(ii) act as a waiver of any term in any lease, licence or permit;
(iii) grant any exemption from, or permit any contravention of, this Ordinance or any other enactment.
(Enacted 1994)
Part: III OPERATION, MAINTENANCE, REPAIR AND
ALTERATION OF AMUSEMENT RIDES
30/06/1997
(Enacted 1994)
Section: 10 Approval required before amusement ride can operate 30/06/1997
The owner of an amusement ride (other than an existing amusement ride) shall not operate the ride for the use of
members of the public until-
(a) the Director has approved the commencement of operation of the ride; and
(b) he has paid to the Director the prescribed fee for such approval.
(Enacted 1994)
Section: 11 Amusement ride to be maintained in safe condition 30/06/1997
(1) The owner of an amusement ride shall maintain the ride in a safe condition.
(2) The Director may require the owner of an amusement ride to effect such repairs or alterations to the ride as
the Director considers necessary for the proper maintenance of the ride and for the obviation of fire and other hazards.
(3) Where the owner of an amusement ride fails to comply with a requirement under subsection (2), the
Director may direct the owner to close the ride forthwith.
(4) Where at any time there exist, in the opinion of the Director, any circumstances requiring the immediate
putting into effect of repairs or alterations referred to in subsection (2) in respect of an amusement ride, he may require
the owner of the ride to effect the repairs or alterations forthwith or, if he thinks fit, may forthwith effect the repairs or
alterations with or without notice to the owner.
(5) The expense of repairs or alterations referred to in this section shall be borne by the owner of the
amusement ride in respect of which they were effected and where any such repairs or alterations are effected by the
Director the expense of such repairs or alterations is recoverable from the owner as a civil debt due to the
Government.
(Enacted 1994)
Section: 12 Closure of amusement ride for repairs or alterations 30/06/1997
(1) The owner of an amusement ride may, or if so required by the Director shall, close or partially close the ride
to the use of members of the public to enable repairs or alterations to be effected to the ride.
(2) Where a closure of an amusement ride is effected under this section pursuant to a requirement of the
Director, the ride or such part of the ride affected by the requirement shall not thereafter be operated for the use of
members of the public without the prior consent of the Director.
(Enacted 1994)
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 5
Section: 13 Closure of amusement ride for safety reasons 30/06/1997
(1) The owner of an amusement ride shall not operate the ride in a manner that endangers the safety of persons
using, operating, or being in the vicinity of, the ride.
(2) The owner of an amusement ride may, or if so required by the Director or a police officer shall, close or
partially close the ride to the use of members of the public whenever such action appears reasonably necessary-
(a) for the safety of persons using, operating, or being in the vicinity of, the ride; or
(b) in the case of an emergency.
(3) The owner of an amusement ride shall forthwith notify the Director of a closure of the ride effected under
this section except such a closure required by the Director.
(4) Where a closure of an amusement ride is effected under this section pursuant to a requirement of the
Director or a police officer, the ride or such part of the ride affected by the requirement shall not thereafter be operated
for the use of members of the public -
(a) in the case of such a requirement by the Director, without the prior consent of the Director;
(b) in the case of such a requirement by a police officer-
(i) without prejudice to any exercise of the Director's power under subsection (2) in respect of the
ride, unless 24 hours have elapsed since such requirement was imposed; or
(ii) without the prior consent of the Director, whichever first occurs.
(Enacted 1994)
Section: 14 Prohibition on major alterations to amusement ride
without permission
30/06/1997
Except with the prior consent of the Director, the owner of an amusement ride shall not effect any major
alterations to the ride.
(Enacted 1994)
Section: 15 Examination of amusement ride to which major alterations
have been effected
30/06/1997
(1) Where any major alterations have been effected to an amusement ride, the Director shall, before the use and
operation of the ride is resumed, require the owner of the ride to cause a person approved by the Director to examine
the ride so far as may be necessary to determine that the ride is in safe working order.
(2) Where the Director-
(a) is satisfied that an amusement ride referred to in subsection (1) is in safe working order, he shall, upon
payment to him by the owner of the ride of the prescribed fee, permit the use and operation of the ride
to be resumed;
(b) is not so satisfied, he shall refuse to permit the use and operation of the ride to be resumed.
(3) The owner of an amusement ride referred to in subsection (1) shall not resume the use and operation of the
ride without the permission of the Director under subsection (2).
(Enacted 1994)
Section: 16 Power to enter and inspect 30/06/1997
(1) The Director may (whether for the purpose of carrying out an investigation into an accident or otherwise) at
any reasonable time-
(a) enter any land in order to inspect an amusement ride on that land or passing over that land;
(b) enter and inspect any building or structure connected with the ride.
(2) The owner of an amusement ride and, if different, the owner of any land, building or structure referred to in
subsection (1) shall, without cost, afford the Director such facilities and assistance as he may reasonably require for
the purposes of subsection (1).
(Enacted 1994)
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 6
Part: IV CONDUCT IMPAIRING SAFETY OF AMUSEMENT
RIDES
30/06/1997
(Enacted 1994)
Section: 17 Offence to endanger safety of persons using, etc.
amusement ride
30/06/1997
No person shall wilfully or negligently do or omit to do anything in relation to an amusement ride if such act or
omission is likely to render the ride unsafe for persons using, operating, or being in the vicinity of, the ride.
(Enacted 1994)
Section: 18 Trespassing on amusement ride 30/06/1997
No person shall, without lawful excuse, enter any part of an area which is fenced or enclosed for the purposes of
an amusement ride if at the time of entry there is displayed in respect of that part a notice in the English and Chinese
languages-
(a) forbidding any member of the public, except in specified circumstances, if any, from entering that part;
and
(b) that may be readily seen and read by a member of the public before he enters that part.
(Enacted 1994)
Section: 19 Power of designated employee to give directions 30/06/1997
A designated employee may give to a person using or being in the immediate vicinity of an amusement ride a
signal or verbal direction for the purpose of preventing an act or omission by the person which is likely to render the
ride unsafe for persons using, operating, or being in the vicinity of, the ride.
(Enacted 1994)
Section: 20 Power of designated employee to arrest 30/06/1997
(1) A designated employee may-
(a) require a person whom he reasonably suspects of having contravened section 18 or who fails to
comply with a signal or direction given to him under section 19 immediately to give his correct name
and address to the employee;
(b) arrest without warrant a person whom he reasonably suspects of having contravened section 17 or
who, without reasonable excuse, fails to comply with a requirement under paragraph (a).
(2) A designated employee who arrests a person under subsection (1) shall take the person forthwith to a police
station, to be dealt with there in accordance with the Police Force Ordinance (Cap 232) or deliver him into the custody
of a police officer for that purpose.
(3) Where a person forcibly resists or attempts to evade arrest under this section, the designated employee may
use such force as is reasonably necessary to effect the arrest.
(Enacted 1994)
Section: 21 Director may designate employees for purposes of sections
19 and 20
30/06/1997
(1) The Director may, upon payment to him of the prescribed fee by the owner of an amusement ride, designate
by name those persons employed by the owner who may exercise the powers conferred by sections 19 and 20, and
may at any time revoke a designation so made.
(2) The Director shall issue to every designated employee a card bearing the name and photograph of the
employee and a statement signed by the Director certifying that the employee is authorized to exercise the powers
conferred by sections 19 and 20.
(3) A designated employee shall produce the card issued to him under subsection (2) for inspection by a person
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 7
who questions his authority to exercise any power conferred by section 19 or 20.
(4) A person who ceases to be a designated employee shall forthwith deliver to the Director the card issued to
him under subsection (2).
(Enacted 1994)
Section: 22 Owner to display notices of prohibited conduct 30/06/1997
The owner of an amusement ride shall-
(a) in the case of an existing amusement ride, not later than 1 month after the appointed day;
(b) in any other case, before approval is given under section 10 to the commencement of operation of the
ride,
display, and thereafter keep displayed, not less than 1 notice in the prescribed form in the English and Chinese
languages-
(i) containing a summary of sections 17 and 19 and the penalties which may be imposed for a
contravention of those sections; and
(ii) that may be readily seen and read by a member of the public being in the vicinity of the ride but, in any
case, before he uses the ride.
(Enacted 1994)
Part: V APPEALS 30/06/1997
(Enacted 1994)
Section: 23 Appeal against decision of Director 30/06/1997
(1) Where a person is aggrieved by-
(a) a requirement made or a direction given by the Director under this Ordinance;
(b) a refusal by the Director to give a consent, approval or permission under this Ordinance; or
(c) a revocation by the Director of a consent, approval or permission given under this Ordinance,
the person may appeal against the decision to an appeal board by serving on the Director a notice of appeal in writing-
(i) not later than 28 days after notice of that decision was served on the person or, in the case of a decision
which is a requirement of the Director under section 13(2), not later than 28 days after that requirement
was made; and
(ii) specifying the substance of his grievance.
(2) Within 14 days after the receipt of a notice of appeal, the Director shall forward it to the Secretary unless,
before the expiration of that period, the appellant has withdrawn the notice.
(3) An appeal does not suspend the decision to which the appeal relates unless the Director decides otherwise.
(Enacted 1994)
Section: 24 Appeal board panel 30/06/1997
(1) The Secretary shall appoint, to be members of an appeal board panel-
(a) not more than 20 persons nominated by The Hong Kong Institution of Engineers, of whom-
(i) not more than 5 shall be qualified as mechanical engineers;
(ii) not more than 5 shall be qualified as electrical or electronic engineers;
(iii) not more than 5 shall be qualified as structural engineers; and
(iv) not more than 5 shall be qualified as engineers of other disciplines; and
(b) not more than 5 persons representing owners of amusement rides.
(2) A public officer is not eligible for appointment to the panel.
(3) Subject to subsection (4), a member of the panel shall hold office for 3 years but shall be eligible for
reappointment.
(4) A member of the panel may resign at any time by notice in writing delivered to the Secretary and the
Secretary may at any time and for any reason revoke the appointment of any person as a member of the panel.
(5) An appointment under subsection (1) shall be notified in the Gazette.
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 8
(Enacted 1994)
Section: 25 Appeal board L.N. 106 of 2002 01/07/2002
(1) Within 21 days after receipt of a notice of appeal, the Secretary shall appoint an appeal board to hear the
appeal to which the notice relates.
(2) The appeal board shall consist of-
(a) 4 persons who are members of the panel, of whom-
(i) one shall be qualified as a mechanical engineer;
(ii) one shall be qualified as an electrical or electronic engineer; and
(iii) one shall represent owners of amusement rides; and
(b) a public officer who does not work in the same department of the Government as the Director.
(3) Subject to subsection (4), the members referred to in subsection (2)(a) shall choose one of their number to
be the chairman of the appeal board.
(4) No member of the appeal board shall be the chairman of the appeal board at any hearing of an appeal in
respect of which such member has made a disclosure under section 26(2).
(5) The members of the appeal board, other than the member who is a public officer, shall be remunerated out
of money provided by the Legislative Council for the purpose at such rate as the Secretary for Financial Services and
the Treasury may determine from time to time or in any particular case. (Amended L.N. 106 of 2002)
(6) The quorum at any meeting of the appeal board shall be 4 members.
(Enacted 1994)
Section: 26 Determination of appeal 30/06/1997
(1) The appeal board shall conduct a hearing into the grounds for the Director's decision to which the appeal
before it relates.
(2) Where a member of the appeal board is in any way directly or indirectly interested in any appeal-
(a) he shall disclose the nature of his interest at a meeting of the appeal board;
(b) the disclosure shall be recorded in the minutes of the appeal board; and
(c) he shall not, without the permission of the chairman of the appeal board, take any part in any
deliberation or determination of the appeal board in respect of that appeal.
(3) Where the chairman of an appeal board does not permit a member of the appeal board who has made a
disclosure under subsection (2) to take any part in any deliberation or determination of the appeal board in respect of
the appeal to which that disclosure relates, the member shall not be counted for the purpose of forming a quorum of
the appeal board at any hearing of that appeal.
(4) For the purposes of subsection (1), the appeal board hearing an appeal shall have all the powers of the
Director in respect of the decision of the Director against which the appeal is made, and shall determine the appeal by
an order in writing-
(a) confirming or revoking;
(b) varying in such manner as it thinks fit; or
(c) substituting its own decision for,
such decision.
(5) The Director shall do all such things as are necessary to give effect to an order under subsection (4).
(6) The appeal board may in an order under subsection (4) give such directions as it thinks fit with respect to
the costs of the hearing of the appeal to which the order relates and the costs of the Director or of the appellant.
(7) Any costs awarded or imposed by virtue of any directions referred to in subsection (6) are recoverable as a
civil debt.
(Enacted 1994)
Section: 27 Conduct of hearing 30/06/1997
(1) Subject to this Part, the procedure of any hearing shall be determined by the appeal board.
(2) In conducting a hearing, the appeal board may receive such evidence as it thinks fit and neither the
provisions of the Evidence Ordinance (Cap 8) nor any other rule of law relating to the admissibility of evidence shall
apply in relation to the hearing.
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 9
(3) A counsel, solicitor or legal officer may be present at a hearing to advise the chairman of the appeal board
on any matter.
(Enacted 1994)
Section: 28 Summons, etc. 30/06/1997
The appeal board may, for the purposes of a hearing-
(a) by notice in writing under the signature of the chairman of the appeal board and served on a person,
require-
(i) the attendance of the person before the appeal board;
(ii) the production to the appeal board of relevant documents specified in the notice which are in the
possession or under the control of the person;
(b) by notice in writing under the signature of the chairman of the appeal board-
(i) order the inspection of any premises in which any amusement ride has been installed or in which
any installation works in respect of an amusement ride have been carried out;
(ii) authorize the entry upon and the viewing of such premises.
(Enacted 1994)
Section: 29 Representation 30/06/1997
(1) The appellant at a hearing may be represented at the hearing by-
(a) a counsel or solicitor; or
(b) an agent.
(2) The Director may be represented at a hearing by a counsel, solicitor, agent or legal officer.
(3) A counsel, solicitor, agent or legal officer appearing before the appeal board at a hearing shall have the
same liabilities, protection and immunity as a counsel has in appearing for a party in proceedings before the District
Court.
(Enacted 1994)
Section: 30 Evidence 30/06/1997
(1) A person appearing before the appeal board to give evidence at a hearing shall, where required by the
appeal board, take an oath.
(2) The chairman of the appeal board may-
(a) administer an oath to a person appearing before the appeal board to give evidence at a hearing; and
(b) require a person to answer any question relevant to the appeal before it.
(3) A person appearing before the appeal board to give evidence at a hearing shall have the same liabilities,
protection and immunity as a witness has in proceedings before the District Court.
(Enacted 1994)
Section: 31 Effect of determination 30/06/1997
Where the appeal board determines an appeal under section 26, the determination shall take effect on the date
specified by the appeal board in its order under that section.
(Enacted 1994)
Section: 32 Majority decision 30/06/1997
The determination under section 26 by the appeal board of an appeal shall be that of the majority of the members
of the appeal board present, except that in the case of an equality of votes, the chairman of the appeal board shall have
a casting as well as a deliberative vote.
(Enacted 1994)
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 10
Section: 33 Notification to appellant 30/06/1997
The Director shall, as soon as practicable after an order has been made under section 26 in respect of an appeal,
serve a copy of that order on the appellant.
(Enacted 1994)
Part: VI OFFENCES AND PENALTIES 30/06/1997
(Enacted 1994)
Section: 34 Offences and penalties 30/06/1997
(1) Any person who-
(a) contravenes section 6, 7(1), 10, 11(1), 12(2), 13(1), (3) or (4), 14, 15(3), 17, 18, 21(4) or 22; or
(b) fails, without reasonable excuse, to comply with a requirement under section 8(2), 11(2) or (4), 12(1),
13(2), 15(1), 16(2) or 39 or to comply with a direction given to him under section 7(2) or 11(3) or a
signal or direction given to him under section 19,
commits an offence and is liable to the penalty set out in columns 2, 3 and 4 of Schedule 1 opposite the reference to
that section in column 1 of Schedule 1. (Amended 72 of 1995 s. 12)
(2) Any person who, without reasonable excuse, obstructs-
(a) the Director in the exercise of his powers under section 8(1) or 16(1); or
(b) any designated employee in the exercise of his powers under section 20,
commits an offence and is liable on conviction to a fine of $10000 and to imprisonment for 6 months.
(3) Any person who, without reasonable excuse-
(a) fails to comply with a requirement specified in a notice under section 28(a) or to comply with a
requirement under section 30(1) or (2)(b); or
(b) obstructs the inspection of premises or the entry upon or viewing of premises pursuant to a notice
under section 28(b),
commits an offence and is liable on conviction to a fine of $10000 and to imprisonment for 6 months.
(Enacted 1994)
Section: 35 Director to specify period for certain requirements, etc. 30/06/1997
(1) Without limiting the generality of section 40, where the Director requires or directs that anything be done
under any of the provisions referred to in section 34(1)(b), he shall make the requirement or give the direction by
notice in writing served on the person to whom the requirement or direction relates, and shall in the notice specify a
period within which the requirement or direction is to be complied with.
(2) No person shall be held to have failed to comply with a requirement or direction referred to in subsection
(1) until the expiration of the period specified in the requirement or direction, as the case may be, or such further
period as the Director may allow.
(3) This section shall not apply to a requirement of the Director under section 13(2).
(Enacted 1994)
Section: 36 Liability for offences by body corporate 30/06/1997
Where an offence under this Ordinance has been committed by a body corporate, any person who at the time of
commission of the offence was an officer of the body corporate, or who was purporting to act in any such capacity,
shall also be guilty of such offence unless he proves that the offence was committed without his consent or
connivance, and that he exercised all such diligence to prevent the commission of the offence as he ought to have
exercised having regard to the nature of his functions in that capacity and to all the circumstances.
(Enacted 1994)
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 11
Section: 37 Prosecution of offences L.N. 362 of 1997 01/07/1997
(1) Subject to subsection (2), proceedings for offences against this Ordinance may be instituted in the name of
the Director, and may be commenced and conducted by a public officer appointed under section 13 of the Magistrates
Ordinance (Cap 227).
(2) Nothing in this section shall be deemed to derogate from the powers of the Secretary for Justice in relation
to the prosecution of offences. (L.N. 362 of 1997)
(Enacted 1994)
Section: 38 Limitation of time for proceedings in respect of offences 30/06/1997
Proceedings for the prosecution of an offence under this Ordinance shall be instituted within-
(a) 6 months from the discovery of such offence by the Director; or
(b) 6 years after the commission of such offence,
whichever is the earlier.
(Enacted 1994)
Part: VII MISCELLANEOUS 30/06/1997
(Enacted 1994)
Section: 39 Information to be supplied by owner of amusement ride 30/06/1997
For the purpose of enabling the Director to ascertain any arrangements which are made or are about to be made
by the owner of an amusement ride for the fulfilment of the owner's obligations under this Ordinance, the owner shall,
if required by the Director, forthwith furnish him with such information as to the operation or maintenance of the ride
or any building, structure, machinery, equipment and plant connected with the ride as the Director may require.
(Enacted 1994)
Section: 40 Director's determinations, etc. to be in writing, etc. 30/06/1997
(1) Every determination, specification, requirement (except a requirement of the Director under section 13(2)),
direction, authorization or exemption to be made or given by the Director under this Ordinance shall be given or made
in writing.
(2) Where a person applies to the Director for a consent, approval or permission to be given under this
Ordinance, the Director shall, as soon as is practicable, by notice in writing served on the person, give or refuse to give
that consent, approval or permission, as the case may be.
(3) Where the Director-
(a) makes a requirement or gives a direction under this Ordinance; or
(b) refuses to give a consent, approval or permission under this Ordinance,
he shall specify in the requirement, direction or refusal, as the case may be, the grounds for his decision.
(Enacted 1994)
Section: 41 Authorized officers 30/06/1997
The Director may authorize any public officer to perform any functions and exercise any powers imposed or
conferred on the Director by this Ordinance except the power conferred by this section.
(Enacted 1994)
Section: 42 Power of Director to prescribe forms 30/06/1997
(1) Subject to subsection (2), the Director may prescribe the form of any document required under this
Ordinance to be in the prescribed form and the form of such other documents required for the purposes of this
Ordinance as he thinks fit.
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 12
(2) The Director's power under subsection (1) shall be subject to any express requirement under this Ordinance
for a form, whether prescribed or otherwise, to comply with that requirement, but that requirement shall not restrict the
exercise of that power in respect of that form to the extent that, in the opinion of the Director, his exercise of that
power in respect of that form does not contravene that requirement.
(3) For the avoidance of doubt, it is hereby declared that-
(a) for the purposes of this section, "form" (格式) includes, where appropriate, manner; and
(b) the Director's power under subsection (1) may be exercised in such a way as to prescribe 2 or more
forms of any document referred to in that subsection, whether as alternatives, or to provide for
particular circumstances or particular cases, as he thinks fit.
(Enacted 1994)
Section: 43 Exemptions 30/06/1997
The Director may-
(a) exempt any amusement ride; or
(b) by notice in the Gazette, exempt any class of amusement rides,
from all or any of the provisions of this Ordinance specified in the exemption -
(i) where the Director is of the opinion that the safety of members of the public will not be prejudiced by
such exemption; and
(ii) subject to such conditions as the Director thinks fit specified in such exemption.
(Enacted 1994)
Section: 44 Proof of certain matters 30/06/1997
(1) A specified document is admissible in evidence in any proceedings (whether under this Ordinance or
otherwise) without further proof and is, in the absence of evidence to the contrary, proof of the matters contained in
the document.
(2) In this section, "specified document" (指明文件) means-
(a) a document purporting to be signed or issued by or on behalf of the Director under this Ordinance; or
(b) a document purporting to be a copy of a document referred to in paragraph (a) certified by or on behalf
of the Director to be a true copy.
(Enacted 1994)
Section: 45 Service 30/06/1997
A notice or other document authorized or required to be served under this Ordinance on a person shall be
deemed to be so served if-
(a) in the case of an individual, it is-
(i) delivered to him;
(ii) left at his last known address; or
(iii) sent by post to him at such address;
(b) in the case of a body corporate, it is-
(i) given to or served on an officer of the body corporate;
(ii) left at the body corporate's last known address; or
(iii) sent by post to the body corporate at such address; and
(c) in the case of a partnership, it is -
(i) delivered, left or sent in accordance with paragraph (a) on any partner who is an individual; or
(ii) given, served, left or sent in accordance with paragraph (b) on any partner which is a body
corporate.
(Enacted 1994)
Section: 46 Limitation of public liability 30/06/1997
No liability shall rest upon the Government or upon a public officer by reason of the fact that an amusement ride
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 13
is subject to examination by a public officer under this Ordinance or the carrying out of any other work by a public
officer pursuant to this Ordinance.
(Enacted 1994)
Section: 47 Regulations - general powers 30/06/1997
(1) The Secretary may make regulations to provide for-
(a) the manner of making application for, and granting of, approval-
(i) of -
(A) designs and specifications (including plans and calculations) connected with amusement
rides; and
(B) the method and programme of installation of amusement rides;
(ii) to commence operation of an amusement ride;
(b) the design, manufacture and installation of amusement rides, including-
(i) the properties and design strength of materials to be used;
(ii) speed;
(iii) rescue equipment;
(iv) drives and brakes;
(v) safety devices;
(vi) signalling and communication;
(vii) anchorages and tensioning devices;
(viii) testing; and
(ix) calculations;
(c) the operation, maintenance and examination of amusement rides, including-
(i) empowering the Director to approve, and to revoke the approval of, persons who may-
(A) be in charge of rides;
(B) be employed in the control, operation and maintenance of rides;
(C) carry out examinations of rides;
(ii) records, including manuals and log books;
(iii) reports of accidents and investigations into accidents; and
(iv) empowering the Director to seize and detain any part of an amusement ride which has been
involved in any occurrence specified in the regulations;
(d) the safety of persons using, operating, or being in the vicinity of, amusement rides;
(e) the prohibition of goods or persons to be carried on amusement rides;
(f) the prevention and abatement of nuisances arising from the use and operation of an amusement ride;
(g) the abatement of fire hazards in relation to an amusement ride;
(h) the illumination or marking of an amusement ride;
(i) the number of persons who may be carried on an amusement ride;
(j) what are major alterations to an amusement ride for the purposes of this Ordinance;
(k) empowering the Director to impose requirements where such requirements relate to any other matter
specified in this subsection;
(l) the better and more effectual carrying out of the provisions of this Ordinance, including incidental,
consequential, evidential and supplemental provisions.
(2) Regulations made under this section may provide that a contravention of any specified provision shall be an
offence and may prescribe a penalty for the offence not exceeding a fine of $50000 and imprisonment for 2 years and,
in the case of a continuing offence, to a daily penalty not exceeding $1000.
(3) Where regulations made under this section impose any obligation upon any person employed by the owner
of an amusement ride to be in charge of the ride or in the control, operation or maintenance of the ride, the regulations
may make the following provisions-
(a) that the owner shall cause the obligation to be complied with;
(b) that, if it is not complied with and the owner does not exculpate himself, the owner commits an offence
(whether or not any other person is also convicted of the offence) and is liable to such penalty as may
be provided for in the regulations; and
(c) that in order to exculpate himself as provided in paragraph (b), the owner must satisfy a magistrate or
court that he took all such precautions to prevent the non-compliance as the magistrate or court
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 14
considers reasonable in the circumstances.
(Enacted 1994)
Section: 48 Regulations - fees 30/06/1997
(1) The Financial Secretary may make regulations to provide for fees and, without prejudice to the generality of
that power, any such regulations may provide for a fee to be calculated on a scale dependent upon-
(a) the number of persons the amusement ride to which the fee relates is permitted to carry;
(b) the number of amusement rides to which the fee relates; or
(c) a combination of the number of persons each amusement ride to which the fee relates is permitted to
carry and the number of such rides.
(2) Any fees prescribed under this section may be fixed at levels which provide for the recovery of expenditure
incurred or likely to be incurred by the Government or other authority in relation generally to the administration,
regulation and control of the matters to which this Ordinance relates, and shall not be limited by reference to the
amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service,
facility or matter.
(Enacted 1994)
Section: 49 Approval of codes of practice by the Director 30/06/1997
(1) For the purpose of providing practical guidance in respect of any provision of this Ordinance (including any
requirement or direction of the Director under any such provision), the Director may-
(a) approve and issue such codes of practice (whether prepared by him or not) as in his opinion are
suitable for that purpose; and
(b) approve such codes of practice issued or proposed to be issued otherwise than by him as in his opinion
are suitable for that purpose.
(2) Where a code of practice is approved under subsection (1), the Director shall, by notice in the Gazette-
(a) identify the code concerned and specify the date on which its approval is to take effect; and
(b) specify for which provision of this Ordinance the code is so approved.
(3) The Director may-
(a) from time to time revise the whole or any part of any code of practice prepared by him pursuant to this
section;
(b) approve any revision or proposed revision of the whole or any part of any code of practice for the time
being approved under this section,
and the provisions of subsection (2) shall, with the necessary modifications, apply in relation to the approval of any
revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1).
(4) The Director may at any time withdraw his approval from any code of practice approved under this section.
(5) Where under subsection (4) the Director withdraws his approval from a code of practice approved under
this section, he shall, by notice in the Gazette, identify the code concerned and specify the date on which his approval
of it is to cease to have effect.
(6) References in this Ordinance to an approved code of practice are references to that code as it has effect for
the time being by virtue of any revision of the whole or any part of it approved under this section.
(7) The power of the Director under subsection (1)(b) to approve a code of practice issued or proposed to be
issued otherwise than by him shall include power to approve a part of such a code and, accordingly, in this Ordinance
"code of practice" (實務守則) may be read as including a part of such a code.
(Enacted 1994)
Section: 50 Use of approved codes of practice in criminal proceedings 30/06/1997
(1) A failure on the part of any person to observe any provision of an approved code of practice shall not of
itself render him liable to any civil or criminal proceedings but where in any criminal proceedings a party is alleged to
have committed an offence by reason of a contravention of a provision of this Ordinance, being a provision of this
Ordinance for which there was an approved code of practice at the time of the alleged contravention, subsection (2)
shall have effect with respect to such code in relation to those proceedings.
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 15
(2) Any code of practice which appears to a magistrate or court to be relevant to a provision of this Ordinance
alleged to have been contravened shall be admissible in evidence in the criminal proceedings concerned and if it is
proved that there was at any material time a failure to observe any provision of the code which appears to the
magistrate or court to be relevant to any matter which it is necessary for the prosecution to prove in order to establish a
contravention of that provision of this Ordinance, that matter shall be taken as proved unless the magistrate or court is
satisfied that that provision of this Ordinance was in respect of that matter complied with otherwise than by way of
observance of that provision of the code.
(3) In any criminal proceedings, a code of practice which appears to a magistrate or court to be the subject of a
notice under section 49(2) shall, in the absence of contrary evidence, be taken to be the subject of such notice.
(Enacted 1994)
Section: 51 Ordinance not to derogate from certain other Ordinances 30/06/1997
(1) Subject to subsection (2), the provisions of this Ordinance are in addition to, and do not derogate from, the
provisions of the Buildings Ordinance (Cap 123) and the Places of Public Entertainment Ordinance (Cap 172).
(2) Where there is any conflict or inconsistency between any of the provisions of this Ordinance and any of the
provisions of the Buildings Ordinance (Cap 123) or the Places of Public Entertainment Ordinance (Cap 172), the
provisions of this Ordinance shall, to the extent of any such conflict or inconsistency, prevail over the provisions of
the Buildings Ordinance (Cap 123) or the Places of Public Entertainment Ordinance (Cap 172), as the case may be.
(Enacted 1994)
Section: 51A Amendment of Schedule 2 L.N. 192 of 1998;
L.N. 206 of 1998
09/04/1998
Schedule 2 may be amended by regulations made by the Secretary for Home Affairs.
(Added 72 of 1995 s. 13. Amended L.N. 372 of 1996; L.N. 192 of 1998; L.N. 206 of 1998)
Section: 52 (Omitted as spent) 30/06/1997
(Enacted 1994)
Section: 53 (Omitted as spent) 30/06/1997
(Enacted 1994)
Schedule: 1 PENALTIES FOR OFFENCES 30/06/1997
[section 34]
(Amended 72 of 1995 s. 14)
Section Amount of fine
$
Period of imprisonment Daily penalty
$
6 10000 6 months 100
7(1) 50000 2 years 1000
7(2) 50000 2 years 1000
8(2) 10000 6 months 100
10 10000 6 months 100
11(1) 50000 2 years 1000
11(2) 50000 2 years 1000
11(3) 50000 2 years 1000
11(4) 50000 2 years 1000
12(1) 10000 6 months 100
12(2) 10000 6 months 100
13(1) 50000 2 years 1000
Cap 449 - AMUSEMENT RIDES (SAFETY) ORDINANCE 16
13(2) 50000 2 years 1000
13(3) 5000 - -
13(4) 50000 2 years 1000
14 10000 6 months -
15(1) 10000 6 months 100
15(3) 50000 2 years 1000
16(2) 10000 6 months 100
17 10000 2 years -
18 5000 6 months -
19 5000 6 months -
21(4) 5000 - -
22 5000 - 50
39 10000 6 months -
(Enacted 1994)
Schedule: 2 DEVICES WHICH ARE AMUSEMENT RIDES 30/06/1997
[sections 2 & 51A]
1. A bungee cord.
2. A device which is driven solely by human physical effort, solely by gravity or partly by human physical effort
and partly by gravity only (that is, it is neither wholly nor partly power driven), and-
(a) whose operation requires the assistance of an individual other than the person who is riding on the
device; or
(b) in relation to which the person who is riding on the device may revolve about a horizontal or inclined
axis through an angle greater than 90 degrees on either side of a theoretical vertical plane on which the
axis of the device lies.
3. In this Schedule "revolve" (旋轉) means rotate or otherwise move in a circular or any other orbit.
(Added 72 of 1995 s. 14)
