### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

86B. Seizure of abandoned hawker equipment and commodities
(1) A public officer authorized in writing by the Authority for the purposes of this section or a police officer may seize any equipment or commodity found in a public place which he has reason to believe has been abandoned by a hawker in circumstances not appearing to him to involve the commission of a hawker offence, and may cause such equipment or commodity to be removed to and kept at the risk of its owner at a Government depot or police station, or any other place approved by the Authority, pending its disposal under this Part. (Amended 28 of 1973 s. 4)
(2) Any commodity of a perishable nature seized under subsection (1) may immediately be disposed of by the Commissioner of Police or the Authority, as the case may be.
(3) Where any equipment or commodity has been seized under subsection (1) and a claim is made in respect of the equipment or commodity within 48 hours after the date of the seizure, the Commissioner of Police or the Authority, as the case may be, shall, if satisfied that the claimant was entitled to the possession of the equipment or commodity at the time of the seizure and was not guilty of an offence in respect of it—
(a) return the equipment or commodity to the claimant; or
(b) in the case of a perishable commodity disposed of under subsection (2), assess its value and pay to him the amount of that value.
(4) Where a claim under subsection (3) is refused, the claimant shall be informed of his rights under section 86C.
(Added 60 of 1972 s. 4)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

86C. Application to court for return of seized hawker equipment or commodities
(1) Where a claim in respect of any equipment or commodity is made under section 86 or 86B within the permitted time and—
(a) the claim is refused; or
(b) the claimant is dissatisfied with the amount of any payment made to him under either of those sections,
an application may be made within 14 days of the refusal or payment to a court for an order for the return of the equipment or commodity or, in the case of a commodity disposed of under section 86(2) or 86B(2), for an assessment of the value of the commodity and for an order for the payment of the amount of that value or, as the case may be, the difference between the amount already paid and the amount of the value.
(2) Where an application is made under subsection (1), the court may, after first having given the person refusing the claim under section 86 or 86B an opportunity of being heard, make the order sought if it is satisfied that the applicant at the time of the seizure—
(a) was entitled to possession of the equipment or commodity; and
(b) intended using the equipment or commodity for a lawful purpose.
(3) If the court makes the order sought, it may award to the applicant such sum against the Government by way of costs as it thinks fair and reasonable. (Amended 59 of 2000 s. 3)
(4) If the court does not make the order sought, it may, of its own motion, make such other order as it thinks fit disposing of the equipment or commodity, or, in the case of a perishable commodity disposed of by way of sale, the proceeds of sale.
(Added 60 of 1972 s. 4)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

86D. Forfeiture by operation of law
Where—
(a) no claim is made under section 86 or 86B in respect of any equipment or commodity seized under either of those sections within 48 hours after the date of the seizure; or
(b) such a claim having been made and refused, no application is made under section 86C(1) in respect of the equipment or commodity within 14 days after the date of refusal,
the equipment or commodity, or, in the case of a perishable commodity that has been disposed of under section 86(2) or 86B(2) by way of sale, the proceeds of sale, shall, unless the equipment or commodity has previously been returned to the person lawfully entitled to possession thereof or retained for disposal by the court under section 86A, be deemed on the expiry of the period of 48 hours or 14 days, as the case may be, to be forfeited to the Government.
(Added 60 of 1972 s. 4. Amended 59 of 2000 s. 3)

92A. Prohibition of certain activities without licence
(1) No person shall conduct or open or keep open any place for the purpose of any activity specified in the Eleventh Schedule except under and in accordance with a licence issued by the Authority or a public officer authorized by the Authority for the purposes of this section. (Amended 53 of 1988 s. 4; 78 of 1999 s. 7)
(2) For the purposes of subsection (1) place (地方), in relation to a billiard establishment, does not include premises used wholly for residential purposes and constituting a separate household unit to which only persons residing in the premises and their guests are admitted and where no fee is charged for the playing of billiards, snooker, pool or similar games. (Added 53 of 1988 s. 4)

92AA. Regulations providing for exemption from section 92A
The Authority may by regulation exempt any class or description of billiard establishment from the operation of section 92A.
(Added 53 of 1988 s. 5)

92AB. Prohibition of any activity specified in Schedule 11A without licence
No person shall conduct, or open or keep open, any place for the purpose of any activity specified in Schedule 11A except under and in accordance with a licence issued by the Authority.
(Added 78 of 1999 s. 7)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

92B. Regulations relating to licensed activity
The Authority may make regulations for any of the following matters—
(a) the regulation and control of any activity or place in which any such activity specified in the Eleventh Schedule or Schedule 11A may be conducted; (Amended 78 of 1999 s. 7)
(b) classifying for the purposes of paragraph (a) any place or activity for which a licence may be issued;
(c) the particulars which an applicant for any licence granted under this Part shall furnish;
(d) the form and conditions of any licence granted under this Part, the hours during which the activity licensed may be conducted and the period for which such licence shall be issued; (Amended 49 of 1994 s. 22)
(e) the lighting to be used in any place licensed under this Part and the general specifications and requirements to be satisfied in respect of such lighting, or to empower any specified officer to determine, at the time of the issue or renewal of any licence, the particular specifications and requirements to be satisfied in respect or such lighting in the place to which the licence relates;
(f) precautions to be taken against fire in any place licensed under this Part;
(g) maintenance of peace and good order in any place licensed under this Part;
(h) means of securing hygienic conditions and requiring the maintenance of such conditions in any place licensed under this Part;
(i) entry and inspection of any place licensed under this Part by any officer authorized by the Authority in that behalf.

92C. Offences
(1) Any person who—
(a) fails to comply with any condition in a licence; or
(b) in an application for a licence, furnishes any information which he knows or has reason to believe to be false in any material particular or by reason of the omission of any material particular or furnishes any information without any belief in the truth or accuracy of the information supplied,
shall be guilty of an offence. (Amended 9 of 1976 s. 9)
(2) Any person who contravenes section 92A or 92AB shall be guilty of an offence. (Added 9 of 1976 s. 9. Amended 78 of 1999 s. 7)