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

16. 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 34 of 1999 s. 3)
(2) If a person appointed by the Chairman under section 15(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 14(4) to act in his place.
(3) The hearing of an appeal may be continued notwithstanding a change in the membership of the Appeal Board.

17. 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.

18. Inspection of club-houses
Any public officer authorized by the Secretary in writing for the purposes of this section may, without warrant and on production, if so required, of his written authorization and his identity card issued under the Registration of Persons Ordinance (Cap. 177)—
(a) at all reasonable times enter and inspect any club-house or any premises which he has reason to suspect are used as or for the purposes of a club-house;
(b) require any person taking part in the operation or management of a club-house to produce any book, document or other article relating to the operation or management of that club-house or to any other activity in respect of the club-house or to furnish any information relating to such operation, management or activity;
(c) remove for further examination any book, document, apparatus, equipment or any other article which he has reason to suspect is evidence of the commission of an offence against this Ordinance, or is evidence of a ground for the cancellation of the certificate of compliance issued in respect of a club-house; and
(d) do such things as are necessary for the inspection of a club-house or for the inspection or testing of any equipment, works or system used for or in connection with the operation, keeping, management or other control of the club-house.

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

19. Secretary may direct remedial measures
(1) The Secretary may, in respect of any club-house, by notice in writing, give such directions as appear to him to be required to secure that—
(a) the safety of persons on the premises being used as a club-house is promoted in a proper manner;
(b) adequate apparatus and equipment required as safeguards against fire or other hazard are provided in the club-house; and
(c) the provisions of this Ordinance are complied with.
(2) A notice under subsection (1) shall—
(a) be served by registered post on the person being the operator, keeper, manager or otherwise having control of the club-house; and
(b) indicate a period within which the directions shall be complied with.

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

20. Order for closure and cessation of use of premises as a club-house
(1) Where it is proved to the satisfaction of the District Court on the sworn information of the Secretary that—
(a) not less than 24 hours’ notice in writing served either personally or by registered post of his intention to swear the information was given by the Secretary to the person being the operator, keeper, manager or otherwise having control of the club-house; and
(b) it appears to the Secretary that—
(i) there is any danger or risk of danger to persons on the premises being used as a club-house; or
(ii) the requirements of a direction given under section 19(1) have not been complied with in respect of the club-house within the period of time indicated in the notice served under that section,
the District Court shall make an order in writing directing that the club-house shall close and shall cease to be used as a club-house until the Secretary gives notice under subsection (4).
(2) On the making of an order under subsection (1)—
(a) any police officer or any public officer authorized by the Secretary in writing may remove from the club-house any person found in the club-house and any person being in the club-house in contravention of subsection (3);
(b) the Secretary may execute or cause to be executed any work necessary to give effect to the order made under subsection (1) and may recover in the District Court any expenses incurred by reason of any such work from the person being the operator, keeper, manager or otherwise having control of the club-house as a debt due to the Government. (Amended 34 of 1999 s. 3)
(3) No person other than—
(a) a public officer in the course of his duty; or
(b) any person authorized by the Secretary in writing,
shall enter or be in the club-house while an order under subsection (1) is for the time being in force.
(4) An order under subsection (1) shall remain in force until the Secretary by notice in writing—
(a) served either personally or by registered post on the person being the operator, keeper, manager or otherwise having control of the club-house; or
(b) posted in a conspicuous part of the club-house,
declares that the club-house may open and may be used as a club-house.

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

22. Regulations
(1) The Chief Executive in Council may by regulation provide for or in relation to— (Amended 34 of 1999 s. 3)
(a) the adequacy, suitability and use of apparatus or equipment in club-houses;
(b) reports and information to be supplied to the Secretary in respect of club-houses;
(c) the design, structure, hygiene and sanitation of club-houses;
(d) the precautions to be taken against fire or other hazard likely to endanger the lives of persons on premises being used as club-houses;
(e) the fees to be charged for any matter prescribed or permitted by this Ordinance;
(f) the lodging of appeals under section 13 and the practice and procedure of the Appeal Board;
(g) generally, carrying into effect the provisions of this Ordinance.
(2) Any regulation made under this section may—
(a) prohibit the performance of particular acts without the consent of the Secretary;
(b) authorize the Secretary to require or prohibit the performance of particular acts; and
(c) require particular acts to be performed to the satisfaction of the Secretary.
(3) Where the Secretary is satisfied that the safety of a person using a club-house will not be adversely affected, he may, by notice in writing to the person being the operator, keeper, manager or otherwise having control of that club-house, waive wholly, partly or conditionally the requirements of any regulation in respect of that club-house and may amend or withdraw any such notice.
(4) Regulations made under this section may provide that a contravention thereof shall be an offence punishable by a fine not exceeding level 6 and a term of imprisonment not exceeding 2 years and punishable by a fine not exceeding $10,000 for each day during which the offence continues. (Amended E.R. 3 of 2021)
(5) Any regulation made under subsection (1)(e) may provide for—
(a) a different fee to be payable having regard to—
(i) the type or description of a club-house;
(ii) the number of members and their accompanied guests able to be accommodated in a club-house;
(iii) the total floor area of a club-house; and
(b) the waiver, remission, reduction or refund of any fee.