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

1. Short title
(Amended E.R. 3 of 2021)(1) This Ordinance may be cited as the Clubs (Safety of Premises) Ordinance.
(2) (Omitted as spent—E.R. 3 of 2021)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Appeal Board (上訴委員會) means the Appeal Board constituted under section 15;
certificate of compliance (合格證明書) means a certificate of compliance issued under section 5(2)(a) or renewed under section 9;
certificate of exemption (豁免證明書) means a certificate of exemption issued under section 5(2)(b) or renewed under section 6(2);
Chairman (主席) means the person appointed as Chairman of the Appeal Board under section 14;

club (會社) means any corporation or association of persons formed for the purpose of affording its members facilities for social intercourse or recreation and which—
(a) provides services for its members (whether or not for the purpose of gain); and
(b) has a club-house of which only its members and their accompanied guests have a right of use;

club-house (會址) means any premises or part thereof exclusively set aside for use permanently or temporarily by a club and its members;
Secretary means the Secretary for Home and Youth Affairs. (Amended L.N. 144 of 2022)

3. Exclusion by order
(1) The Secretary may by order—
(a) in relation to any club-house, for reasons connected with the situation, means of ingress or egress, design, construction, size or equipment therein; or
(b) in relation to any type or description of club-house, for reasons connected with any such type or description,
exclude any club-house or type or description of club-house from the application of this Ordinance.
(2) An order under subsection (1) shall be published in the Gazette and may—
(a) be made subject to such conditions;
(b) be made subject to such geographical limitations;
(c) have effect for such period; or
(d) have such partial application,
as may be indicated in the order.

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

4. Restriction on operating club-house unless exempted or certified
(1) Any person who on any occasion operates, keeps, manages or otherwise has control of a club-house in respect of which neither of the conditions indicated in subsection (2) has been satisfied commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 2 years and to a fine of $20,000 for each day during which the offence continues.
(2) The conditions referred to in subsection (1) are—
(a) that a certificate of exemption has been issued under section 5(2)(b) in respect of the club-house and is for the time being in force; or
(b) that a certificate of compliance has been issued under section 5(2)(a) in respect of the club-house and is for the time being in force.
(3) It shall not be a defence that a person charged with an offence under subsection (1) did not know that neither of the conditions indicated in subsection (2) had been satisfied.

5. Application for certificate of exemption or certificate of compliance
(1) An application by a person for—
(a) a certificate of exemption; or
(b) a certificate of compliance,
under this Ordinance in respect of a club-house shall be made to the Secretary in such form and manner as the Secretary may determine.
(2) The Secretary shall, on receipt of an application under subsection (1), determine the application—
(a) by issuing to and in the name of the applicant, a certificate of compliance for the club-house imposing such conditions as he thinks fit;
(b) by issuing to and in the name of the applicant, a certificate of exemption for the club-house imposing such conditions as he thinks fit; or
(c) by refusing to issue a certificate of exemption, or a certificate of compliance, as the case may be, to the applicant.

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

6. Issue of certificate of exemption
(1) A certificate of exemption issued under section 5(2)(b) shall—
(a) be in such form and for such period as the Secretary may determine;
(b) be endorsed with the conditions, if any, imposed under section 5(2)(b);
(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, on application made to him in such form and manner as he may determine and on payment of the prescribed fee, renew a certificate of exemption and impose any condition in addition to or instead of any condition previously imposed by him under section 5(2)(b).
(3) The Secretary may revoke a certificate of exemption issued under section 5(2)(b) by notice in writing, served either personally or by registered post on the person to whom it was issued and shall indicate in the notice the ground on which the revocation is based.
(4) A certificate of exemption 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 exemption 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 that a certificate of exemption 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.

7. Transfer of certificate of exemption
(1) Except as provided in this section a certificate of exemption 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 exemption in respect of a club-house until its expiration and such transfer shall be endorsed on the certificate of exemption.
(3) Where a certificate of exemption 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)(b); and
(b) a reference in section 6(3) or 21(2) to a person to whom the certificate of exemption was issued shall, as respects that certificate of exemption, be construed as a reference to the person to whom the certificate of exemption has been transferred.