### Karaoke Establishments Ordinance 《卡拉OK場所條例》

3. Application, exemption and transitional
(1) This Ordinance shall not apply to any karaoke establishment—
(a) in premises where the karaoke activity is carried on in not more than 3 rooms with an aggregate floor area of not more than 30 square metres;
(b) in concert halls, theatres, auditoria and community halls in respect of which a licence has been granted and is for the time being in force under section 4 of the Places of Public Entertainment Ordinance (Cap. 172) or which are the subject of an order made under section 3A of that Ordinance that is for the time being in force; or
(c) exempted by an order of the licensing authority under subsection (2) that is for the time being in force.
(2) Where, for reasons connected with the situation, means of ingress or egress, design (including the percentage of the area allocated for the karaoke activity), construction or size of, or the equipment, installations or facilities in, any karaoke establishment, the licensing authority is satisfied that the safety of persons using the karaoke establishment will not be adversely affected, he may by order in writing exempt the karaoke establishment from the application of this Ordinance.
(3) An order under subsection (2) may—
(a) be made by reference to the type or description of a karaoke establishment;
(b) be made by reference to or in respect of any person;
(c) be made subject to such conditions;
(d) be made subject to such geographical limitations;
(e) have effect for such period; or
(f) have such general, particular or partial application,
as may be indicated in the order and, if made by reference to or in respect of any person, shall be served on the person by reference to or in respect of whom it is made.
(4) A person who immediately before the date of commencement* of section 4 was operating, keeping, managing or otherwise controlling a karaoke establishment in any premises may continue to operate that karaoke establishment without having to comply with any of the conditions indicated in section 4(2)—
(a) during the period of 12 months beginning with that date; and
(b) if within that period application is made to the licensing authority under section 5(1) for the grant of a permit or the issue of a licence in respect of that karaoke establishment, until that application is finally disposed of or withdrawn and, if the application is refused under section 5(2), for a further period of 12 months beginning with the date of the written order made under section 5(6).
(5) An application made to the licensing authority by virtue of subsection (4)(b), shall be acknowledged by the licensing authority in such form and manner as he may determine.

Editorial Note:
* Commencement date: 8 January 2003.

### Karaoke Establishments Ordinance 《卡拉OK場所條例》

4. Restriction on operating karaoke establishment except with permit or licence
(1) Any person who on any occasion operates, keeps, manages or otherwise has control of a karaoke establishment in respect of which none of the conditions indicated in subsection (2) have been satisfied commits an offence and is liable—
(a) on first conviction, to a fine at level 5 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction, to a fine at level 6 and to imprisonment for 1 year,
and in the case of a continuing offence, to a further daily fine of $2,000 for each day during which the offence continues.
(2) The conditions referred to in subsection (1) are—
(a) that a provisional permit has been granted under section 9 in respect of the karaoke establishment and is for the time being in force;
(b) that a permit has been granted under section 5(2)(a) in respect of the karaoke establishment and is for the time being in force;
(c) that a provisional licence has been issued under section 9 in respect of the karaoke establishment and is for the time being in force; or
(d) that a licence has been issued under section 5(2)(c) in respect of the karaoke establishment and is for the time being in force.
(3) It shall not be a defence that a person charged with an offence under subsection (1) did not know that none of the conditions indicated in subsection (2) had been satisfied.

### Karaoke Establishments Ordinance 《卡拉OK場所條例》

6. Transfer of permit and licence
(1) Except as provided in this section neither a permit nor a licence shall be transferable.
(2) Subject to subsection (6), the licensing authority may on application in writing to him, showing sufficient cause to his satisfaction, and on payment of the prescribed fee, allow the transfer from a grantee of an existing permit until its expiration to another person or from a licensee of an existing licence until its expiration to another person, and the fact of such transfer shall be endorsed on the permit or the licence.
(3) Where a permit or a licence is transferred under subsection (2), a reference in this section and in sections 5, 8, 9, 10 and 11 and in any regulation made under section 21 to a grantee or a licensee shall be construed as a reference to the person to whom the permit or the licence has been transferred.
(4) Where a permit or a licence is transferred under subsection (2), the licensing authority may in respect of the permit or the licence impose any condition in addition to or instead of any condition previously imposed by him under section 5(2).
(5) Where the licensing authority refuses to allow the transfer of a permit or a licence under subsection (2), he shall give to the applicant, in writing, an adequate statement of the reasons for the refusal.
(6) Subsection (2) does not apply to a permit or a licence that is the subject of a notice served on a grantee or a licensee under section 11. (Amended E.R. 4 of 2020)

7. Representatives of bodies corporate or partnerships
(1) Where a body corporate or a partnership wishes to obtain a permit or a licence under section 5, a person authorized by the body corporate or the partnership in that behalf shall apply as the representative of the body corporate or the partnership and, if a permit or a licence is granted or issued by the licensing authority, it shall be expressed to be granted or issued to that person on behalf of the body corporate or the partnership, as the case may be.
(2) Where a permit or a licence is transferred to a body corporate or a partnership under section 6(2), it shall be expressed to be transferred to a person authorized by the body corporate or the partnership in that behalf as the representative of the body corporate or the partnership, as the case may be.
(3) A body corporate or a partnership may make an application to the licensing authority in such form and manner as the licensing authority may determine to substitute another person (the substitute person

### Karaoke Establishments Ordinance 《卡拉OK場所條例》

8. Renewal of permit or licence
(1) Subject to this section, the licensing authority may renew a permit or a licence.
(2) A grantee or a licensee may, not less than 90 days before the expiration of his permit or his licence, apply to the licensing authority for his permit or his licence to be renewed.
(3) This section does not apply to a grantee or a licensee whose permit or licence is revoked.
(4) An application by a grantee or a licensee for the renewal of a permit or a licence shall be made to the licensing authority in such form and manner as he may require.
(5) The renewal of a permit or a licence under this section shall not take effect except on payment of the prescribed fee and the licensing authority may in respect of the renewed permit or licence impose any condition in addition to or instead of any condition previously imposed by him under section 5(2) or 6(4), as the case may be.
(6) A renewal of a permit or a licence under this section before the expiration of the permit or the licence shall take effect on the day following the day of its expiration.
(7) Any permit or licence in respect of which an application for renewal is made under this section and which expires prior to the determination of such application shall, unless such application is withdrawn, or the permit or the licence is revoked or suspended under section 10, remain in force until the determination by the licensing authority of such application.
(8) A renewal of a permit or a licence under this section shall have effect from the day following the day upon which the permit or the licence being renewed would have expired but for subsection (7), for a period of 24 months or such lesser period as may be indicated by the licensing authority at the time of renewal.