### Massage Establishments Ordinance 《按摩院條例》

11. Power of licensing authority and police to enter massage establishment
(1) For the purpose of ascertaining whether the provisions of this Ordinance are being complied with the licensing authority, a police officer of the rank of sergeant or above or any person authorized in writing by the licensing authority in that behalf may on production of his authority (if required) enter and inspect any premises in relation to which a licence has been issued to operate a massage establishment.
(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 is being committed in any place, the magistrate may issue a warrant authorizing any police officer to enter and search such place. (Amended 47 of 1997 s. 10)

12. Regulations
The Chief Executive in Council may by regulation— (Amended 71 of 1999 s. 3)
(a) prescribe anything required or permitted to be prescribed under this Ordinance;
(b) specify the particulars which an applicant for a licence shall furnish to the licensing authority;
(c) empower the licensing authority to exempt any place, trade, business or occupation situated or carried on within specified areas from the operation of this Ordinance or of any part thereof or of any regulations made thereunder, and specifying and varying the boundaries of such areas; and
(d) provide for the better carrying into effect of the provisions and purposes of this Ordinance.

13. Offences in relation to licences
(1) Any person who on any occasion operates, keeps, manages, assists in any capacity in the operation of, or assists in the management of, a massage establishment in regard to the operation of which a licence has been issued under this Ordinance otherwise than in accordance with the conditions of the licence commits an offence.
(2) Where a condition of the licence is contravened the licensee shall be guilty of an offence unless he satisfies the court 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.
(3) Any person who makes any false or misleading statement or furnishes any false or misleading information in connexion with any application for the issue or renewal of a licence commits an offence.

14. Penalty
Any person who commits an offence under section 13, shall be liable to a fine at level 5 and to imprisonment for 6 months.
(Amended E.R. 4 of 2021)

### Massage Establishments Ordinance 《按摩院條例》

15. Aids in proof
For the purpose of any proceedings under this Ordinance a document purporting to be a—
(a) copy of a licence and of any conditions to which the licence is subject certified to be a true copy by a police officer of the rank of Superintendent or above shall be received in evidence on its production without further proof and, until the contrary is proved, it shall be presumed that—
(i) the document is a true copy of the licence;
(ii) the person who certified the document was a police officer of the rank stated in the certificate; and
(iii) the licence was issued in respect of the premises stated in the document to the person stated in the document and is subject to those conditions;
(b) 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 any place stated in the certificate shall be admitted in evidence in any proceedings under section 4 on its production and without further proof and, until the contrary is proved, it shall be presumed that—
(i) the person who signed the certificate was a police officer of the rank stated in the certificate; and
(ii) any 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 any place stated in the certificate.

16. Power of the Chief Executive to amend Schedule
The Chief Executive may by notice in the Gazette amend the Schedule.
(Amended 71 of 1999 s. 3)

17. Transitional
(1) A massage establishment licence issued under the Miscellaneous Licences Ordinance (Cap. 114) and in force shall, at the day on which this section comes into operation*, be deemed to be a licence issued under this Ordinance.
(2) The licensing authority may, in regard any licence to which subsection (1) applies, by notice in writing served upon the licensee or sent by registered post to the address of the licensee appearing on the licence, impose such conditions on the licence as he thinks fit and any such conditions shall take effect as if they were imposed under section 6(2) on the day on which the notice was served or, in the case of a notice sent by registered post, if the notice is not returned undelivered, on the seventh day following the day on which the notice was posted.

Editorial Note:
* Commencement date: 5 December 1983.

### Peak Tramway (Safety) Regulations 《山頂纜車(安全)規例》

1. Citation
These regulations may be cited as the Peak Tramway (Safety) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
“Director” (署長) means the Director of Electrical and Mechanical Services;
“duty technician” (值勤技術員) means a person employed by the company as a duty technician under these regulations;
“engineering superintendent” (工程監督) means a person employed by the company as an engineering superintendent under these regulations;
“operator” (司機) means a person employed by the company as an operator under these regulations;
“surveyor” (測量師) means a person employed by the company as a surveyor under these regulations;
“technical institute” (工業學院) has the meaning assigned to it by section 2 of the Vocational Training Council Ordinance (Cap. 1130);
“tramcar” (纜車車廂) means the articulated car (including all compartments) used on the tramway. (L.N. 171 of 2018)
(16 of 2015 s. 24 and E.R. 3 of 2015)

3. Employment of surveyor
(Adaptation amendments retroactively made - see 62 of 1999 s. 3)
(1) The company shall employ a person as a surveyor for the purposes of this Part.
(2) The company shall not employ any person as a surveyor without the prior written approval of the Secretary.
(3) The Secretary shall give approval under subregulation (2) if the person whom the company seeks to employ is a person—
(a) who—
(i) is a corporate member of the Hong Kong Institution of Engineers or of such other equivalent institution as may be acceptable to the Secretary; and (62 of 1999 s. 3)
(ii) satisfies the Secretary that he has not less than 3 years practical experience of or in connection with the maintenance, operation, inspection and examination of a funicular railway; or
(b) who satisfies the Secretary that by reason of his education, training, professional experience, knowledge and skill he is a fit and proper person to be employed by the company as a surveyor for the purposes of this Part.