### Crimes Ordinance 《刑事罪行條例》

147A. Prohibition of signs advertising prostitution
(1) Any person who publicly displays, or causes or permits the public display of, a sign that advertises, or may reasonably be understood to advertise, the services of a prostitute or of a person who organizes or arranges prostitution shall be guilty of an offence and shall be liable on conviction to imprisonment for 12 months. (Amended 31 of 1997 s. 17)
(2) Where a sign displayed in contravention of subsection (1) advertises, or may reasonably be understood to advertise, that the services of a prostitute or of a person who organizes or arranges prostitution are available at a place, any person who keeps, or manages or is otherwise in charge or control of, that place shall, until the contrary is proved, be presumed to have caused the display of the sign.
(3) For the purposes of this section—
(a) a sign is publicly displayed if, and only if, it can be seen from—
(i) any place to which for the time being the public or a section of the public are entitled or permitted to have access, whether on payment or otherwise; or
(ii) a common part of any premises notwithstanding that the public or a section of the public are not entitled or permitted to have access to that common part or those premises; and
(b) in deciding how a sign may reasonably be understood regard may be had to—
(i) all aspects of the sign, including its size, colour, shape and design;
(ii) the location of the sign;
(iii) the user of any place that the sign advertises; and
(iv) the services offered by any person whose services the sign advertises,
and to any other relevant circumstances.
(Added 69 of 1990 s. 6)

### Crimes Ordinance 《刑事罪行條例》

147B. Removal of signs advertising prostitution
(1) Without prejudice to section 152 or 153, where a police officer of the rank of chief inspector or above reasonably believes that a sign is displayed in contravention of section 147A, he may in writing authorize any other police officer to cause the sign to be taken away or effaced.
(2) A police officer authorizing another police officer under subsection (1) to cause a sign to be taken away may in writing authorize him to cause any structure supporting the sign to be taken away and, where he does so, a reference in this section or in section 147C, 147D, 147E or 147F to a sign shall include a reference to the supporting structure.
(3) A police officer authorized under subsection (1), and any person whose assistance he may require, may take such measures as are necessary in order to take away or efface the sign, as the case may be, but may enter any premises or place by virtue of this subsection only under a warrant issued under subsection (4).
(4) A magistrate may, if satisfied by information on oath that—
(a) there is reasonable cause to believe that a sign is displayed in contravention of section 147A; and
(b) entry into any premises or place is reasonably necessary in order to take away or efface that sign,
issue a warrant authorizing a police officer, and any person whose assistance that officer may require, to enter such premises or place, by force if necessary.
(5) Where a sign is taken away under subsection (3), the Commissioner of Police—
(a) may, subject to paragraph (b) and sections 147C and 147D, detain the sign;
(b) shall give possession of the sign to any person who satisfies the Commissioner that—
(i) he is the owner of the sign or was, before the sign was taken away, entitled to possession of the sign; and
(ii) the sign was not, before being taken away, being displayed in contravention of section 147A;
(c) may, if—
(i) he has detained the sign for at least one month;
(ii) he is not obliged under paragraph (b) or section 147C or 147D to give possession of the sign to any person; and
(iii) he is not aware of any pending application under section 147C for the recovery of the sign, or of any pending charge under section 147A,
order the sign to be destroyed, sold or otherwise disposed of as he thinks fit.
(6) Where a sign is sold under subsection (5)(c) the sale proceeds shall be paid into the general revenue.
(Added 69 of 1990 s. 6)

### Crimes Ordinance 《刑事罪行條例》

147C. Application for recovery of sign
(1) Where a sign has been taken away under section 147B, a person claiming to be the owner of the sign or to be entitled to possession of the sign may, within one month after the removal, apply to a magistrate for an order that the Commissioner of Police give possession of the sign to him.
(2) Upon receipt of an application under this section, the magistrate shall—
(a) fix a date for the hearing of the application; and
(b) notify the Commissioner of Police of the application and of the date of the hearing.
(3) A magistrate may order the Commissioner of Police to give possession of the sign to the applicant if, after hearing an application under this section and any representations made by or on behalf of the Commissioner of Police, the magistrate is satisfied that—
(a) the applicant is the owner of the sign or was, before the sign was taken away, entitled to possession of the sign; and
(b) the sign was not, before being taken away, being displayed in contravention of section 147A.
(Added 69 of 1990 s. 6)

147D. Order concerning sign following acquittal under section 147A
Where a sign has been taken away under section 147B and a person is acquitted of an offence under section 147A in respect of that sign, the court or magistrate by whom he is acquitted may order that the Commissioner of Police give possession of the sign to him or any other person if (but only if) the court or magistrate is satisfied that—
(a) he or that other person, as the case may be, is the owner of the sign or was, before the sign was taken away, entitled to possession of the sign; and
(b) the sign was not, before being taken away, being displayed in contravention of section 147A.
(Added 69 of 1990 s. 6)

147E. Recovery of expenses from convicted person
(1) Where expense is incurred—
(a) in taking away a sign under section 147B; or
(b) in carrying out remedial works to a building that were reasonably necessary as a result of a sign being so taken away,
a court or magistrate may, on the conviction of any person for an offence under section 147A in respect of that sign, order that person to pay to the person who incurred the expense such amount in respect of the expense as it or he thinks reasonable.
(2) A court may enforce payment of any amount ordered to be paid under subsection (1) in the same manner as if it were a judgment debt.
(Added 69 of 1990 s. 6)