### West Kowloon Cultural District Authority Ordinance 《西九文化區管理局條例》

38. Disclosure of interest
(1) A Board member or a committee member shall disclose to the Authority any interest that he has which is of a class or description determined by the Authority under subsection (2)—
(a) on his first appointment;
(b) at the beginning of each calendar year after the appointment;
(c) on becoming aware of the existence of an interest not previously disclosed under this subsection; and
(d) after the occurrence of any change to an interest previously disclosed under this subsection.
(2) The Authority may, for the purposes of this section—
(a) determine the class or description of the interest required to be disclosed;
(b) determine the details of the interest required to be disclosed and the manner in which such interest is to be disclosed; and
(c) from time to time change any matter determined under paragraph (a) or (b).
(3) The Authority shall establish and maintain a register relating to any disclosure required to be made under subsection (1) (the register) at its principal office.
(4) Where a Board member or a committee member makes a disclosure as required by subsection (1), the Authority shall cause his name and the particulars of the disclosure to be recorded in the register, and if a further disclosure is made, the Authority shall cause particulars of the further disclosure to be recorded in the register.
(5) For the purpose of enabling any member of the public to ascertain the particulars of any disclosure required to be made under subsection (1), the Authority shall, by such means as it considers appropriate, make available the register for inspection by the public at any reasonable time.

39. Common part is public place
For the purposes of any law, all common parts within the leased area to which the public has access is a public place.

40. Immunity
No personal liability is incurred by a Board member or a committee member in respect of anything done, or omitted to be done, by him in good faith in relation to the performance or purported performance of any function under this Ordinance (including a function purportedly delegated or sub-delegated under this Ordinance).

41. Exemption from taxation
(1) The Authority is exempt from taxation under the Inland Revenue Ordinance (Cap. 112).
(2) The Authority is also exempt from stamp duty under the Stamp Duty Ordinance (Cap. 117) in respect of any instrument relating to—
(a) the conveyance of any immovable property under which the beneficial interest of the property passes by way of gift to the Authority; or
(b) the transfer of any stock within the meaning of that Ordinance, under which the beneficial interest of the stock passes by way of gift to the Authority.

### West Kowloon Cultural District Authority Ordinance 《西九文化區管理局條例》

43. (Omitted as spent—E.R. 1 of 2021)

### Fixed Penalty (Smoking Offences) Ordinance 《定額罰款(吸煙罪行)條例》

1. Short title
(Amended E.R. 4 of 2017)(1) This Ordinance may be cited as the Fixed Penalty (Smoking Offences) Ordinance.
(2) (Omitted as spent—E.R. 4 of 2017)

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
fixed penalty (定額罰款), in relation to a scheduled offence, means the fixed penalty set out in column 4 of the Schedule opposite to the offence;
proceedings (法律程序) means proceedings before a magistrate in respect of a scheduled offence;
scheduled offence (表列罪行) means an offence prescribed by a provision of the Smoking (Public Health) Ordinance (Cap. 371) specified in column 2 of the Schedule.
(2) A description in column 3 of the Schedule indicates for convenience of reference only the general nature of the offence under the provision specified in column 2 of the Schedule opposite to that description.
(3) In applying a provision of this Ordinance in relation to a scheduled offence—
(a) a reference to Authority in that provision shall be construed as a reference to a person specified by the Secretary for Health as the Authority by notice under section 17(1)(a); and
(b) a reference to public officer in that provision shall be construed as a reference to a public officer or a member of a class of public officers specified by the Secretary for Health by notice under section 17(1)(b). (Amended L.N. 144 of 2022)

3. Fixed penalty notice given by public officer
(1) If a public officer has reason to believe that a person is committing or has committed a scheduled offence, he may give the person a notice in the prescribed form offering him an opportunity to discharge his liability to conviction for the offence by payment of the fixed penalty for the offence within 21 days from the date of the giving of the notice.
(2) A notice under subsection (1) shall be given by the public officer personally to the person.
(3) Subject to section 7, where a person has received a notice under subsection (1) and has paid the full amount of the fixed penalty shown in the notice within the period referred to in the that subsection, he shall not be liable to be prosecuted or convicted for the scheduled offence specified in the notice.

### Fixed Penalty (Smoking Offences) Ordinance 《定額罰款(吸煙罪行)條例》

4. Power of inspecting proof of identity
(1) If a public officer has reason to believe that a person is committing or has committed a scheduled offence, he may, for the purposes of—
(a) serving any document under this Ordinance on the person; or
(b) issuing a summons in respect of the offence,
require the person to supply his name, address and contact telephone number (if any) and produce proof of identity for inspection.
(2) A person who, without reasonable excuse, fails to comply with a requirement made under subsection (1) commits an offence and is liable on conviction to a fine at level 3.
(3) A public officer may arrest a person who, without reasonable excuse, fails to comply with a requirement made under subsection (1).
(4) Without prejudice to the generality of section 51 of the Police Force Ordinance (Cap. 232), a public officer who arrests any person under subsection (3) shall forthwith take him to the nearest police station or deliver him into the custody of a police officer.
(5) In this section, proof of identity (身分證明文件), in relation to the person as referred to in subsection (1), has the same meaning as in section 17B of the Immigration Ordinance (Cap. 115).

5. Supply of false information
A person who, in purported compliance with a requirement made under section 4(1), supplies any particular of his name, address or contact telephone number which he knows to be false or misleading commits an offence and is liable on conviction to a fine at level 3.

### Fixed Penalty (Smoking Offences) Ordinance 《定額罰款(吸煙罪行)條例》

6. Further fixed penalty notice served by Authority
(1) This section applies where a person—
(a) having been given a notice under section 3(1) has not paid the fixed penalty for the scheduled offence specified in the notice within the period referred to in that section; or
(b) refuses to accept a notice intended to be given to him under section 3(1) in respect of a scheduled offence.
(2) Where this section applies, the Authority shall serve on the person a notice in the prescribed form—
(a) demanding payment of the fixed penalty for the scheduled offence;
(b) informing the person that if he wishes to dispute liability for the offence he should notify the Authority in writing; and
(c) stating that the payment or notification (as the case may be) shall be made within 10 days from the date of the notice so served.
(3) A notice under subsection (2) shall be served—
(a) where subsection (1)(a) applies, within 6 months from the date of the notice given under section 3(1); and
(b) where subsection (1)(b) applies, within 6 months from the date on which the person refuses to accept the notice.
(4) A notice under subsection (2) may be served on the person by sending it by post to his address.
(5) Subject to section 7, where a person has received a notice under subsection (2) and has paid the full amount of the fixed penalty shown in the notice within the period referred to in subsection (2)(c), he shall not be liable to be prosecuted or convicted for the scheduled offence specified in the notice.