### Human Reproductive Technology Ordinance 《人類生殖科技條例》

46. Amendment of Schedule 1 or 2
The Secretary for Health may, by notice in the Gazette, amend Schedule 1 or 2.
(Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

47. Transitional
(1) Subject to subsection (2), where, immediately before the relevant day, there is an individual under whose supervision a relevant activity is being lawfully carried on in any premises, then, on and after that day—
(a) that activity shall be deemed to be authorized to be carried on in those premises pursuant to a licence (deemed licence

48. (Omitted as spent—E.R. 5 of 2021)

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

1. Short title
(Amended E.R. 1 of 2022)(1) This Ordinance may be cited as the Entertainment Special Effects Ordinance.
(2) (Omitted as spent—E.R. 1 of 2022)

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

3. Establishment of the Authority
For the purposes of this Ordinance, there is established an Entertainment Special Effects Licensing Authority who shall be the Head of Create Hong Kong.
(Amended L.N. 171 of 2009)

4. Functions of the Authority
(1) The functions of the Authority shall be—
(a) to regulate the supply, use, conveyance and storage of special effects materials; and
(b) to exercise such powers and perform such duties as are conferred or imposed on him by this Ordinance.
(2) Without prejudice to the generality of subsection (1)(a), the Authority may—
(a) issue licences in respect of special effects operators, suppliers of pyrotechnic special effects materials and the storage of pyrotechnic special effects materials;
(b) issue permits in respect of the discharge of special effects materials and the conveyance of pyrotechnic special effects materials;
(c) maintain a register of pyrotechnic special effects materials;
(d) provide for and approve codes of practice for and in relation to the use, conveyance and storage of special effects materials.

5. Special effects operators to be licensed
(1) Except under and in accordance with this Ordinance, no person shall—
(a) use; or
(b) cause or permit to be used,
any special effects material without a special effects operator licence.
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on a first conviction to a fine at level 6 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction to a fine of $200,000 and to imprisonment for 12 months.

6. Application for special effects operator licence
(1) A special effects operator licence shall not be issued to a body of persons, whether corporate or unincorporate.
(2) An individual shall not be eligible to be issued with or to hold or continue to hold a special effects operator licence unless—
(a) he has attained the age of 18 years;
(b) he has satisfied the Authority that he is a fit and proper person to be a licensed special effects operator;
(c) he possesses any prescribed qualifications and experience;
(d) he has passed any examinations or assessment prescribed by the Authority; and
(e) he has complied with every other requirement prescribed in this regard by the Authority.
(3) In considering whether an individual is a fit and proper person for the purposes of this section, the Authority shall have regard to the character and conduct of the individual.
(4) An application by a person for a special effects operator licence shall be made to the Authority in such form and manner as the Authority may determine.
(5) Subject to subsection (2), the Authority may, upon payment of a prescribed fee, issue a special effects operator licence subject to such terms and conditions as he thinks fit.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

7. Classification of special effects operators
The Authority may—
(a) issue different types of licence in respect of different classes and streams of special effects operators; and
(b) specify in such licences different scope of operation,
in accordance with the qualifications and experience of the special effects operators.

8. Exemptions from section 5
Section 5 shall not apply where—
(a) the use of special effects materials is carried out—
(i) by an applicant for a special effects operator licence; and
(ii) in the presence of a public officer or person authorized by the Authority; and
(iii) for the purpose of assessing the competence of the applicant;
(b) the use of special effects materials is carried out—
(i) by the participants of a training course organized or approved by the Authority; and
(ii) in the presence of a public officer or person authorized by the Authority; and
(iii) for the purpose of conducting the training course;
(c) the use of special effects materials is—
(i) limited to the act of discharge; and
(ii) carried out by a person under the supervision of the licensed special effects operator named in the discharge permit referred to in subparagraph (iii); and
(iii) authorized by a discharge permit; or
(d) the circumstances referred to in section 13(1)(c) apply.

9. Transitional arrangements for existing special effects operators
(1) A person who has been provisionally recognized by the Commissioner for Television and Entertainment Licensing by notice in writing as a special effects operator immediately prior to the commencement* of this Ordinance shall be deemed, under this section, to have been granted a special effects operator licence issued under section 6, subject to such conditions and restrictions as may be imposed by the Commissioner for Television and Entertainment Licensing by notice in writing to that person, and the licence shall, subject to section 47(3), continue in force until—
(a) the issue of a licence under section 6(5);
(b) the refusal of his application for a licence under section 6; or
(c) the expiry of a period of 90 days immediately following the commencement* of section 5,
whichever is the earliest.
(2) Where a person who has been provisionally recognized by the Commissioner for Television and Entertainment Licensing as referred to in subsection (1) makes an application under section 6, the Authority may waive the requirements under section 6(2)(c), (d) or (e).

Editorial Note:
* Commencement date: 16 March 2001.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

10. Restriction on discharge of special effects materials
(1) Notwithstanding section 5 and subject to section 13, no person shall—
(a) discharge; or
(b) cause or permit to be discharged,
any special effects materials except under and in accordance with a discharge permit.
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on a first conviction to a fine at level 6 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction to a fine of $200,000 and to imprisonment for 12 months.

11. Application for discharge permit
(1) An application for a discharge permit may be made by—
(a) the person who organizes the entertainment programme which involves the use of special effects materials; or
(b) the licensed special effects operator who is responsible for using the special effects materials for such entertainment programme.
(2) An individual is eligible to apply under subsection (1) only if he has attained the age of 18 years.
(3) An application by a person for a discharge permit shall be made to the Authority in such form and manner as the Authority may determine.
(4) If the Authority is satisfied that an application made under subsection (1) complies with the prescribed requirements, he may, upon payment of a prescribed fee, issue a discharge permit subject to such terms and conditions as he thinks fit.
(5) A term or condition specified in a discharge permit may contain qualifications, restrictions or requirements concerning the location, time or period of the application of the term or condition.

12. Classification of discharge permits
The Authority may issue different types of discharge permit in respect of different types of entertainment programmes.