### Dutiable Commodities (Liquor) Regulations 《應課稅品(酒類)規例》

30. Penalties
(1) Any person who contravenes regulation 28 or 29 shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months. 
(2) If any liquor is supplied to a member of a club in contravention of regulation 26, the secretary of the club or other person nominated under that regulation, as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months. 
(3) Any person who contravenes regulation 27 shall be guilty of an offence and shall be liable on conviction to a fine at level 4. 
(4) A person who contravenes regulation 26A is guilty of an offence and liable on conviction to a fine of $1,000,000 and to imprisonment for 2 years. (L.N. 453 of 1996) 
(L.N. 338 of 1995)

31. Police powers of access
Any police officer may enter at any hour of the day or night every part of any premises or place in respect of which a liquor licence is in force.

32. Power to apprehend persons drinking in unlicensed place
(1) If a police officer finds any person drinking intoxicating liquor in any premises or place in which such liquor is sold by retail, and a liquor licence or a temporary liquor licence in respect of such premises or place is not, on demand, produced to him, the police officer may arrest any person found drinking therein. 
(2) Every such person shall, if such place is in fact unlicensed, be guilty of an offence and shall be liable on summary conviction to a fine at level 1. (L.N. 338 of 1995)

### Dutiable Commodities (Liquor) Regulations 《應課稅品(酒類)規例》

33. Transitional
(1) Any application under these regulations made to a former board pending immediately before the commencement date is to be treated as a new application made to the Board under these regulations as amended by the amendments and is to be disposed of by the Board accordingly.
(2) Any reference in these regulations to the prescribed fee includes a reference to a fee continued in force under section 9(2) of the Provision of Municipal Services (Reorganization) Ordinance (Cap. 552) as if prescribed under section 6A of the Ordinance, until that fee is replaced under that section 6A.
(3) In this regulation—
the amendments (有關修訂) means amendments made by the Provision of Municipal Services (Reorganization) Ordinance (Cap. 552) to these regulations;
*commencement date (生效日期) means the date on which the amendments come into operation;
former board (前酒牌局) means a body which immediately before the commencement date had authority to determine an application made under regulation 15.
(78 of 1999 s. 7)

34. Transitional provisions relating to Dutiable Commodities (Liquor) (Amendment) Regulation 2015
(1) Regulation 20 as in force immediately before 3 August 2015 applies in relation to an application for the issue of a liquor licence that is pending immediately before that day.
(2) For an application for the renewal of a liquor licence that is pending immediately before 3 August 2015—
(a) regulation 20 as in force immediately before that day applies if the licence expires on or before 1 August 2015; and
(b) regulation 20 as in force on 3 August 2015 applies if the licence expires on or after 2 August 2015.
(3) Regulation 24 as in force immediately before 3 August 2015 continues to apply in relation to a liquor licence the validity period of which begins before that day and the expiry date of which falls on or after 3 August 2015.
(L.N. 20 of 2015)

### Dutiable Commodities (Liquor) Regulations 《應課稅品(酒類)規例》

35. Interpretation of Part 5
In this Part—
domestic premises (住宅) means any premises that have been constructed to be used, and are used, as a private dwelling;

face-to-face distribution (當面分發) means a sale or supply of intoxicating liquor to a person where—
(a) the person comes into face-to-face contact with the seller or supplier, or an employee or agent of the seller or supplier who has the authority to conduct the sale or supply, at a place; and
(b) the person—
(i) takes possession of the liquor at the place; or
(ii) requests, at the place, the delivery of the liquor to another place;

function (職能) includes a power and a duty;
inspector (督察) means a person appointed under regulation 43(1);
place (地方) includes a licensed premises, but does not include an aircraft or a train;
prescribed notice (訂明通知) means the notice prescribed in the Schedule;
proof of identity (身分證明文件) has the meaning given by section 17B(1) of the Immigration Ordinance (Cap. 115);
remote distribution (遙距分發) means a sale or supply of intoxicating liquor otherwise than in a face-to-face distribution.

36. Selling intoxicating liquor from vending machines prohibited
(1) A person must not sell intoxicating liquor from a vending machine.
(2) A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine at level 5.

37. Selling or supplying intoxicating liquor to minors prohibited
(1) A person must not, in the course of business, sell or supply intoxicating liquor to a minor.
(2) For the purpose of paragraph (1), a person is not regarded as selling or supplying intoxicating liquor only by delivering the liquor if the person—
(a) delivers the liquor in the course of business for another person who—
(i) sells or supplies the liquor; and
(ii) is not the employer of the first-mentioned person; and
(b) is not otherwise involved in the sale or supply of the liquor.
(3) A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine at level 5.
(4) To avoid doubt, if a person sells a product that is not intoxicating liquor but that is accompanied by intoxicating liquor as a gift, the person supplies the liquor.