### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

46. Notification to appellant
The Secretary shall, as soon as practicable after an order has been made under section 39 in respect of an appeal, serve a copy of that order on the appellant.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

48. Breach of terms and conditions
Notwithstanding any other liability which may arise under the provisions of this Ordinance or otherwise, any person who is in breach of any term or condition specified in any licence or permit issued under this Ordinance commits an offence and is liable—
(a) on a first conviction to a fine at level 5 and to imprisonment for 1 month; and
(b) on a second or subsequent conviction to a fine at level 6 and to imprisonment for 3 months.

49. Onus of proving limits of what is practicable, etc.
In any proceedings for an offence against this Ordinance consisting of a failure to comply with a requirement under this Ordinance to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, the onus is on the accused to prove that it was not practicable or not reasonably practicable to do more than was in fact done to comply with the requirement, or that he has used the best practicable means to comply with the requirement, or done the appropriate thing to comply with the requirement.

50. Liability of holder of licence or permit for offences committed by his employees and agents
(1) Subject to this section, where it is proved to the satisfaction of a court that an offence against this Ordinance has been committed by any employee or agent of any person holding any licence or permit issued under this Ordinance, such person shall, unless—
(a) the offence was committed without his knowledge or consent; and
(b) he had exercised all due diligence to prevent the commission of the offence,
also be held to be liable for such offence and to the penalty provided therefor.
(2) No such person shall be sentenced to imprisonment (except in default of payment of a fine) for any offence under this section.
(3) Nothing in this section shall be deemed to exempt the employee or agent from the penalties provided for the offence committed by such employee or agent.
(4) In any proceedings against the person in relation to which subsection (1) is alleged to apply, it shall, in relation to the offence against this Ordinance concerned committed by the employee or agent concerned of the person, be presumed, in the absence of evidence to the contrary, that—
(a) the offence was committed with the knowledge and consent of the person; and
(b) the person did not exercise all due diligence to prevent the commission of the offence.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

51. Liability for offences by body corporate, etc.
(1) 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 a director or an officer concerned in the management of the body corporate 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.
(2) Where an offence committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner of the partnership, that other partner shall be guilty of the offence and liable to be proceeded against and punished accordingly.

52. Forfeiture
(1) A court may order to be forfeited to the Government any materials and any containers thereof with respect to which an offence against this Ordinance has been committed, irrespective of whether any person has been charged with such offence.
(2) Nothing in this section shall be deemed to derogate from the powers of any officer of the Authority or any police officer under section 32.

53. Obstruction of officers, etc.
Any person who, without reasonable excuse—
(a) obstructs or delays a public officer in the exercise of any of the powers conferred upon him under this Ordinance; or
(b) wilfully or recklessly gives false information or withholds information, as to the source from which any of the pyrotechnic special effects materials were obtained or as to the conveyance, storage, packaging, labelling or use of any pyrotechnic special effects materials,
commits an offence and is liable to a fine at level 6 and to imprisonment for 6 months.

54. Interpretation of explosive quantity in pyrotechnic special effects material
For the purpose of this Ordinance, any reference to the quantity of any pyrotechnic special effects material shall be construed as a reference to the net explosive quantity.

55. Limitation of time for proceedings in respect of offences
Proceedings for the prosecution of an offence against this Ordinance shall be instituted within—
(a) 6 months from the discovery of such offence by the Authority; or
(b) 6 years after the commission of such offence,
whichever is the earlier.

56. No liability in the case of bona fide exercise of functions under this Ordinance
No liability shall be incurred by any person in respect of anything done by him bona fide in the exercise or purported exercise of any functions conferred or imposed by or under this Ordinance.

57. Delegation of powers
The Authority may authorize in writing any public officer to exercise any power vested in him or to perform any duty imposed upon him by virtue of any of the provisions of this Ordinance.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

58. Saving for other enactments
The provisions of this Ordinance are in addition to and do not derogate from the provisions of the Gas Safety Ordinance (Cap. 51) and the Dangerous Goods Ordinance (Cap. 295).

59. Transitional
(1) Subject to subsection (2), a person who has been granted a discharge permit, removal permit or storage licence under the Dangerous Goods Ordinance (Cap. 295), which is in force immediately before the commencement* of this Ordinance shall be deemed to have been granted a discharge permit under section 11, a conveyance permit under section 22 or a store licence under section 24 as appropriate and the licence or permit shall, subject to section 47(3), continue in force until the expiration date specified therein.
(2) Subsection (1) shall apply only where the person would, but for this section, be liable to be prosecuted for a contravention of section 10, 21 or 23.

Editorial Note:
* Commencement date: 16 March 2001.