### Amusement Game Centres Ordinance 《遊戲機中心條例》

11. Appeals against decisions of the appointed public officer
(Amended 17 of 2011 s. 28)(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(1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the appointed public officer, be contrary to the public interest and the notice of the decision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)

12. Appeal Board
(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)
(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)

### Amusement Game Centres Ordinance 《遊戲機中心條例》

14. Supplementary provisions relating to appeals
(1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chief Executive may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336) to act as Chairman and as such to exercise and perform all the functions of the Chairman during the period of his appointment. (Amended 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.

15. Case may be stated for Court of Appeal
(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.

16. Power of entry
(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)

### Amusement Game Centres Ordinance 《遊戲機中心條例》

17. Power of seizure
(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)

18. Regulations
(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 intended 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)