### Gambling Ordinance 《賭博條例》

16B. Promoting or facilitating bookmaking, etc.
(1) No person shall knowingly promote or facilitate bookmaking or betting with a bookmaker (except bookmaking or betting which is lawful by virtue of section 3(8)).
(2) Subsection (1) shall not apply if the bet in question—
(a) can only be placed; or
(b) is placed,
by a person outside Hong Kong.
(3) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on summary conviction to a fine of $5,000,000 and to imprisonment for 2 years; or
(b) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 7 years.

16C. General provisions relating to sections 16A and 16B
(1) For the purposes of section 16A(1), bookmaking or betting with a bookmaker is promoted or facilitated if—
(a) advertisements to promote bookmaking or betting with a bookmaker are exhibited, disseminated or distributed; or
(b) service in any of the following forms is made available—
(i) receipt of a bet as an agent whether the bet is ultimately received by the bookmaker within or outside Hong Kong;
(ii) transmission of a bet;
(iii) receipt of a deposit paid wholly or partly for the purpose of betting;
(iv) transmission of a deposit referred to in subparagraph (iii);
(v) transmission of winnings on a bet; or
(vi) arrangement for opening or maintaining of an account wholly or partly for the purpose of betting,
and in section 16B(1), promote or facilitate bookmaking or betting with a bookmaker (推廣或便利收受賭注或向收受賭注者投注) shall be construed accordingly.
(2) A person may be convicted of an offence under section 16A or 16B in relation to a set of facts notwithstanding that no person is convicted of an offence under section 7 or 8 in relation to the same set of facts.

### Gambling Ordinance 《賭博條例》

16D. Responsibilities of owners, tenants, etc. for act prohibited under section 16A
(1) No person shall—
(a) being the owner, tenant, occupier or person in charge of any premises or place, knowingly permit or suffer such premises or place or any part thereof to be used as premises or place mentioned in section 16A(1); or
(b) let or agree to let, whether as principal or agent, any premises or place with the knowledge that such premises or place or any part thereof is to be used as premises or place mentioned in section 16A(1).
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on summary conviction to a fine of $500,000 and to imprisonment for 2 years; or
(b) on conviction on indictment to a fine of $500,000 and to imprisonment for 7 years.

### Gambling Ordinance 《賭博條例》

16E. Restriction on broadcasts of forecasts, hints, odds or tips as to results of horse, pony or dog races
(1) No person shall, for the purposes of dissemination or distribution in Hong Kong to the public or a section of the public, broadcast any forecast, hint, odds or tip relating to guessing or foretelling the result of, or contingency regarding any horse, pony or dog race at any time within 12 hours before the conduct of that race.
(2) Subsection (1)—
(a) shall apply whether the race in question is or is to be conducted within or outside Hong Kong;
(b) shall not apply in relation to any race on which fixed odds betting or pari-mutuel betting is conducted with the authorization under section 6GB of the Betting Duty Ordinance (Cap. 108); (Amended 17 of 2006 s. 23)
(c) shall not apply in relation to any race which is or is to be conducted as part of any event which is specified by notice published in the Gazette by the Secretary for Home and Youth Affairs for the purposes of this paragraph. (Amended L.N. 144 of 2022)
(3) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on summary conviction to a fine of $1,000,000 and to imprisonment for 2 years; or
(b) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 7 years.
(4) A notice published under subsection (2)(c) is not subsidiary legislation.
(5) In proceedings for an offence under this section, it shall be a defence for the accused to show that he used all due diligence and took all reasonable precautions to avoid the commission of the offence.
(6) In this section, broadcast (廣播) means—
(a) broadcasts by means of a broadcasting service as defined in section 2(1) of the Broadcasting Ordinance (Cap. 562); or
(b) broadcasts by transmitting sound for general reception by means of radio waves under and in accordance with a licence granted under section 13C of the Telecommunications Ordinance (Cap. 106),
but does not include broadcasts, by any means, of news or any remarks, observations or comments in relation to such news.

16F. Consent to prosecution under this Part
(1) No prosecution for an offence under this Part shall be instituted without the consent in writing of the Secretary for Justice.
(2) Subsection (1) shall not prevent—
(a) the arrest of a person for;
(b) the issue of a warrant for the arrest of a person for; or
(c) remand in custody of a person charged with,
any offence under this Part.

### Gambling Ordinance 《賭博條例》

17. Proof of gaming for money not necessary and credit betting no defence
In any proceedings under this Ordinance—
(a) it shall not be necessary to prove that the gambling or the lottery involved any money or other property or any wager or stake;
(b) it shall not be a defence to show that any money or other property, or any wager or stake, was not to be collected or was not payable or to be delivered until after the gambling or the drawing of the lottery to which such money or other property or the wager or stake related.

18. Burden of proof that gambling or lottery lawful
In any proceedings for an offence under section 5, 7, 9 or 10, the burden of proving that any gambling was lawful by virtue of section 3 or that any lottery was lawful by virtue of section 4, shall be on the defendant.

19. Presumptions
(1) Where in any proceedings under this Ordinance there is evidence that—
(a) the entry of a police officer to any premises or place under section 23(2)(a) was prevented, obstructed or delayed;
(b) any premises or place entered under section 23(2)(a) were or was provided with any means for concealing, removing or destroying gambling equipment;
(c) gambling equipment was found in any premises or place entered under section 23(2)(a) or on any person found in any such premises or place,
it shall, unless there is evidence to the contrary, be presumed that the premises or place are or is a gambling establishment.
(2) Where in any proceedings under section 6 there is evidence that a person was found in a gambling establishment or that a person escaped from a gambling establishment on the occasion of its being entered under section 23(2)(a), such person shall, unless there is evidence to the contrary, be presumed to have been gambling therein.
(3) If in any proceedings under this Ordinance there is evidence that any money was found in any premises or place or was found on any person in such premises or place on the occasion of its being entered under section 23(2)(a) where entry was prevented, obstructed or delayed, it shall, unless there is evidence to the contrary, be presumed that such money has been used in or for or in connexion with unlawful gambling.
(Replaced 12 of 2002 s. 10)