### Clubs (Safety of Premises) Ordinance 《會社(房產安全)條例》

8. Issue of certificate of compliance
(1) A certificate of compliance issued under section 5(2)(a) shall—
(a) be in such form as the Secretary may determine;
(b) be endorsed with the conditions, if any, imposed under section 5(2)(a);
(c) not take effect except on payment of the prescribed fee; and
(d) authorize the person in whose name it is issued to operate, keep, manage or otherwise have control of a club-house for such period as may be indicated therein.
(2) The Secretary may by notice in writing refuse to issue a certificate of compliance in respect of a club-house on the ground that it appears to him—
(a) that for reasons connected with—
(i) the situation, means of ingress or egress, design, construction, size, equipment, or type of building; or
(ii) the protection of life and property under the Fire Services Ordinance (Cap. 95),
the premises to be used for the club-house are not fit to be used for the purposes of a club-house;
(b) that such premises do not comply with any requirement relating to design, structure, fire precautions, health, sanitation and safety set out in the Buildings Ordinance (Cap. 123); or
(c) that the operation, keeping, management and other control of the club-house would not be under the continuous and personal supervision of the person to whom the certificate of compliance would be issued.
(3) A notice under subsection (2) shall indicate the ground on which the refusal is based.
(4) A certificate of compliance or a copy thereof purporting to be certified under the hand of the Secretary shall, unless the contrary is proved, be evidence of the facts stated therein as at the date of such certificate of compliance or such copy thereof and shall be received in evidence without further proof.
(5) A certificate purporting to be certified under the hand of the Secretary and stating that a certificate of compliance has or has not been issued in respect of a club-house shall, unless the contrary is proved, be evidence of the facts stated therein as at the date of the first-mentioned certificate and shall be received in evidence without further proof.

### Clubs (Safety of Premises) Ordinance 《會社(房產安全)條例》

9. Renewal of certificate of compliance
(1) A person holding a certificate of compliance in respect of a club-house may, not less than 3 months before the expiration of the certificate, apply for the certificate to be renewed for a period of time being not more than 12 months.
(2) An application for renewal of a certificate of compliance shall be made to the Secretary in such form and manner as the Secretary may determine.
(3) The renewal of a certificate of compliance under this section shall not take effect except on payment of the prescribed fee and the Secretary may in respect of the renewed certificate impose any condition in addition to or instead of any condition previously imposed by him under section 5(2)(a).
(4) A renewal of a certificate of compliance under this section before the expiration of such certificate shall take effect on the day following the day of its expiration.
(5) Any certificate of compliance in respect of which an application for renewal is made under this section and which expires prior to the determination of such application shall, unless such application is withdrawn, or the certificate is cancelled or suspended under section 10, remain in effect until the determination by the Secretary of such application.
(6) A renewal of a certificate of compliance under this section shall have effect on the day following the day upon which the certificate would have expired but for subsection (5), for a period of 12 months or such lesser period as may be indicated by the Secretary at the time of renewal.

10. Cancellation and suspension of certificate of compliance or refusal to renew such certificate, and amendment or variation of conditions of such certificate
The Secretary may, at any time by notice in writing served on the person in whose name a certificate of compliance was issued, cancel or suspend the certificate or refuse to renew the certificate or amend or vary any condition of the certificate—
(a) on any ground in section 8(2)(a), (b) or (c) which would have entitled him to refuse to issue a certificate of compliance in respect of that club-house;
(b) on the ground that that person has been convicted of an offence against this Ordinance or an indictable offence in respect of that club-house;
(c) on the ground that, in respect of that club-house or any persons therein—
(i) any of the provisions of this Ordinance have been or are being contravened; or
(ii) any requirement, order or direction made or given under this Ordinance has not been complied with by the person holding the certificate of compliance in respect of the club-house;
(d) on the ground that any condition of the certificate of compliance has not been or is not being complied with by the person in whose name the certificate of compliance was issued;
(e) on the ground that it appears to him that—
(i) the club-house has ceased to be operated as such or to exist; or
(ii) such person has ceased to operate, keep, manage or otherwise control, the club-house.

### Clubs (Safety of Premises) Ordinance 《會社(房產安全)條例》

11. Notice of refusal of renewal and of cancellation or suspension
(1) The Secretary shall, before serving notice under section 10, give to the person in whose name the certificate of compliance was issued, notice of his intention to do so, stating the grounds on which he intends to serve notice under that section and indicating that the person in whose name the certificate of compliance was issued may make written representations to him.
(2) If the Secretary decides to serve notice under section 10, he shall make a written order, dated and signed, to that effect and shall send a copy thereof by registered post to the person in whose name the certificate of compliance was issued, at the address last known to the Secretary.

12. Transfer of certificate of compliance
(1) Except as provided in this section a certificate of compliance shall not be transferable.
(2) The Secretary may, on application to him in such form and manner as he may determine, and on cause being shown to his satisfaction, permit the transfer to another person of a certificate of compliance until its expiration and such transfer shall be endorsed on the certificate of compliance.
(3) Where a certificate of compliance is transferred under subsection (2)—
(a) the Secretary may impose any condition in addition to or instead of any condition previously imposed by him under section 5(2)(a); and
(b) a reference in section 9, 10, 11 or 21(2) to the person in whose name the certificate of compliance was issued shall, as respects that certificate of compliance, be construed as a reference to the person to whom the certificate of compliance has been transferred.

13. Appeals
(1) Any person aggrieved by a decision of the Secretary under section 6, 8, 9 or 10 may appeal to the Appeal Board.
(2) A decision under section 10 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 Secretary, 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.

### Clubs (Safety of Premises) Ordinance 《會社(房產安全)條例》

14. Appeal Board
(1) Every appeal shall be determined by the Appeal Board constituted under section 15.
(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).
(3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be re-appointed.
(4) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under section 15 as members of the Appeal Board to hear any appeal.
(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 34 of 1999 s. 3)