### Amusement Rides (Safety) Ordinance 《機動遊戲機(安全)條例》

16. Power to enter and inspect
(1) The Director may (whether for the purpose of carrying out an investigation into an accident or otherwise) at any reasonable time—
(a) enter any land in order to inspect an amusement ride on that land or passing over that land;
(b) enter and inspect any building or structure connected with the ride.
(2) The owner of an amusement ride and, if different, the owner of any land, building or structure referred to in subsection (1) shall, without cost, afford the Director such facilities and assistance as he may reasonably require for the purposes of subsection (1).

17. Offence to endanger safety of persons using, etc. amusement ride
No person shall wilfully or negligently do or omit to do anything in relation to an amusement ride if such act or omission is likely to render the ride unsafe for persons using, operating, or being in the vicinity of, the ride.

18. Trespassing on amusement ride
No person shall, without lawful excuse, enter any part of an area which is fenced or enclosed for the purposes of an amusement ride if at the time of entry there is displayed in respect of that part a notice in the English and Chinese languages—
(a) forbidding any member of the public, except in specified circumstances, if any, from entering that part; and
(b) that may be readily seen and read by a member of the public before he enters that part.

19. Power of designated employee to give directions
A designated employee may give to a person using or being in the immediate vicinity of an amusement ride a signal or verbal direction for the purpose of preventing an act or omission by the person which is likely to render the ride unsafe for persons using, operating, or being in the vicinity of, the ride.

20. Power of designated employee to arrest
(1) A designated employee may—
(a) require a person whom he reasonably suspects of having contravened section 18 or who fails to comply with a signal or direction given to him under section 19 immediately to give his correct name and address to the employee;
(b) arrest without warrant a person whom he reasonably suspects of having contravened section 17 or who, without reasonable excuse, fails to comply with a requirement under paragraph (a).
(2) A designated employee who arrests a person under subsection (1) shall take the person forthwith to a police station, to be dealt with there in accordance with the Police Force Ordinance (Cap. 232) or deliver him into the custody of a police officer for that purpose.
(3) Where a person forcibly resists or attempts to evade arrest under this section, the designated employee may use such force as is reasonably necessary to effect the arrest.

### Amusement Rides (Safety) Ordinance 《機動遊戲機(安全)條例》

21. Director may designate employees for purposes of sections 19 and 20
(1) The Director may, upon payment to him of the prescribed fee by the owner of an amusement ride, designate by name those persons employed by the owner who may exercise the powers conferred by sections 19 and 20, and may at any time revoke a designation so made.
(2) The Director shall issue to every designated employee a card bearing the name and photograph of the employee and a statement signed by the Director certifying that the employee is authorized to exercise the powers conferred by sections 19 and 20.
(3) A designated employee shall produce the card issued to him under subsection (2) for inspection by a person who questions his authority to exercise any power conferred by section 19 or 20.
(4) A person who ceases to be a designated employee shall forthwith deliver to the Director the card issued to him under subsection (2).

22. Owner to display notices of prohibited conduct
The owner of an amusement ride shall—
(a) in the case of an existing amusement ride, not later than 1 month after the appointed day;
(b) in any other case, before approval is given under section 10 to the commencement of operation of the ride,
display, and thereafter keep displayed, not less than 1 notice in the prescribed form in the English and Chinese languages—
(i) containing a summary of sections 17 and 19 and the penalties which may be imposed for a contravention of those sections; and
(ii) that may be readily seen and read by a member of the public being in the vicinity of the ride but, in any case, before he uses the ride.

23. Appeal against decision of Director
(1) Where a person is aggrieved by—
(a) a requirement made or a direction given by the Director under this Ordinance;
(b) a refusal by the Director to give a consent, approval or permission under this Ordinance; or
(c) a revocation by the Director of a consent, approval or permission given under this Ordinance,
the person may appeal against the decision to an appeal board by serving on the Director a notice of appeal in writing—
(i) not later than 28 days after notice of that decision was served on the person or, in the case of a decision which is a requirement of the Director under section 13(2), not later than 28 days after that requirement was made; and
(ii) specifying the substance of his grievance.
(2) Within 14 days after the receipt of a notice of appeal, the Director shall forward it to the Secretary unless, before the expiration of that period, the appellant has withdrawn the notice.
(3) An appeal does not suspend the decision to which the appeal relates unless the Director decides otherwise.

### Amusement Rides (Safety) Ordinance 《機動遊戲機(安全)條例》

24. Appeal board panel
(1) The Secretary shall appoint, to be members of an appeal board panel—
(a) not more than 20 persons nominated by The Hong Kong Institution of Engineers, of whom—
(i) not more than 5 shall be qualified as mechanical engineers;
(ii) not more than 5 shall be qualified as electrical or electronic engineers;
(iii) not more than 5 shall be qualified as structural engineers; and
(iv) not more than 5 shall be qualified as engineers of other disciplines; and
(b) not more than 5 persons representing owners of amusement rides.
(2) A public officer is not eligible for appointment to the panel.
(3) Subject to subsection (4), a member of the panel shall hold office for 3 years but shall be eligible for reappointment.
(4) A member of the panel may resign at any time by notice in writing delivered to the Secretary and the Secretary may at any time and for any reason revoke the appointment of any person as a member of the panel.
(5) An appointment under subsection (1) shall be notified in the Gazette.

25. Appeal board
(1) Within 21 days after receipt of a notice of appeal, the Secretary shall appoint an appeal board to hear the appeal to which the notice relates.
(2) The appeal board shall consist of—
(a) 4 persons who are members of the panel, of whom—
(i) one shall be qualified as a mechanical engineer;
(ii) one shall be qualified as an electrical or electronic engineer; and
(iii) one shall represent owners of amusement rides; and
(b) a public officer who does not work in the same department of the Government as the Director.
(3) Subject to subsection (4), the members referred to in subsection (2)(a) shall choose one of their number to be the chairman of the appeal board.
(4) No member of the appeal board shall be the chairman of the appeal board at any hearing of an appeal in respect of which such member has made a disclosure under section 26(2).
(5) The members of the appeal board, other than the member who is a public officer, shall be remunerated out of money provided by the Legislative Council for the purpose at such rate as the Secretary for Financial Services and the Treasury may determine from time to time or in any particular case. (Amended L.N. 106 of 2002)
(6) The quorum at any meeting of the appeal board shall be 4 members.