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

35. Director to specify period for certain requirements, etc.
(1) Without limiting the generality of section 40, where the Director requires or directs that anything be done under any of the provisions referred to in section 34(1)(b), he shall make the requirement or give the direction by notice in writing served on the person to whom the requirement or direction relates, and shall in the notice specify a period within which the requirement or direction is to be complied with.
(2) No person shall be held to have failed to comply with a requirement or direction referred to in subsection (1) until the expiration of the period specified in the requirement or direction, as the case may be, or such further period as the Director may allow.
(3) This section shall not apply to a requirement of the Director under section 13(2).

36. Liability for offences by body corporate
Where an offence under this Ordinance has been committed by a body corporate, any person who at the time of commission of the offence was an officer of the body corporate, or who was purporting to act in any such capacity, shall also be guilty of such offence unless he proves that the offence was committed without his consent or connivance, and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

37. Prosecution of offences
(1) Subject to subsection (2), proceedings for offences against this Ordinance may be instituted in the name of the Director, and may be commenced and conducted by a public officer appointed under section 13 of the Magistrates Ordinance (Cap. 227).
(2) Nothing in this section shall be deemed to derogate from the powers of the Secretary for Justice in relation to the prosecution of offences. (Amended L.N. 362 of 1997)

38. Limitation of time for proceedings in respect of offences
Proceedings for the prosecution of an offence under this Ordinance shall be instituted within—
(a) 6 months from the discovery of such offence by the Director; or
(b) 6 years after the commission of such offence,
whichever is the earlier.

39. Information to be supplied by owner of amusement ride
For the purpose of enabling the Director to ascertain any arrangements which are made or are about to be made by the owner of an amusement ride for the fulfilment of the owner’s obligations under this Ordinance, the owner shall, if required by the Director, forthwith furnish him with such information as to the operation or maintenance of the ride or any building, structure, machinery, equipment and plant connected with the ride as the Director may require.

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

40. Director’s determinations, etc. to be in writing, etc.
(1) Every determination, specification, requirement (except a requirement of the Director under section 13(2)), direction, authorization or exemption to be made or given by the Director under this Ordinance shall be given or made in writing.
(2) Where a person applies to the Director for a consent, approval or permission to be given under this Ordinance, the Director shall, as soon as is practicable, by notice in writing served on the person, give or refuse to give that consent, approval or permission, as the case may be.
(3) Where the Director—
(a) makes a requirement or gives a direction under this Ordinance; or
(b) refuses to give a consent, approval or permission under this Ordinance,
he shall specify in the requirement, direction or refusal, as the case may be, the grounds for his decision.

41. Authorized officers
The Director may authorize any public officer to perform any functions and exercise any powers imposed or conferred on the Director by this Ordinance except the power conferred by this section.

42. Power of Director to prescribe forms
(1) Subject to subsection (2), the Director may prescribe the form of any document required under this Ordinance to be in the prescribed form and the form of such other documents required for the purposes of this Ordinance as he thinks fit.
(2) The Director’s power under subsection (1) shall be subject to any express requirement under this Ordinance for a form, whether prescribed or otherwise, to comply with that requirement, but that requirement shall not restrict the exercise of that power in respect of that form to the extent that, in the opinion of the Director, his exercise of that power in respect of that form does not contravene that requirement.
(3) For the avoidance of doubt, it is hereby declared that—
(a) for the purposes of this section, form (格式) includes, where appropriate, manner; and
(b) the Director’s power under subsection (1) may be exercised in such a way as to prescribe 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as he thinks fit.

43. Exemptions
The Director may—
(a) exempt any amusement ride; or
(b) by notice in the Gazette, exempt any class of amusement rides,
from all or any of the provisions of this Ordinance specified in the exemption—
(i) where the Director is of the opinion that the safety of members of the public will not be prejudiced by such exemption; and
(ii) subject to such conditions as the Director thinks fit specified in such exemption.

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

44. Proof of certain matters
(1) A specified document is admissible in evidence in any proceedings (whether under this Ordinance or otherwise) without further proof and is, in the absence of evidence to the contrary, proof of the matters contained in the document.
(2) In this section, specified document (指明文件) means—
(a) a document purporting to be signed or issued by or on behalf of the Director under this Ordinance; or
(b) a document purporting to be a copy of a document referred to in paragraph (a) certified by or on behalf of the Director to be a true copy.

45. Service
A notice or other document authorized or required to be served under this Ordinance on a person shall be deemed to be so served if—
(a) in the case of an individual, it is—
(i) delivered to him;
(ii) left at his last known address; or
(iii) sent by post to him at such address;
(b) in the case of a body corporate, it is—
(i) given to or served on an officer of the body corporate;
(ii) left at the body corporate’s last known address; or
(iii) sent by post to the body corporate at such address; and
(c) in the case of a partnership, it is—
(i) delivered, left or sent in accordance with paragraph (a) on any partner who is an individual; or
(ii) given, served, left or sent in accordance with paragraph (b) on any partner which is a body corporate.

46. Limitation of public liability
No liability shall rest upon the Government or upon a public officer by reason of the fact that an amusement ride is subject to examination by a public officer under this Ordinance or the carrying out of any other work by a public officer pursuant to this Ordinance.

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

48. Regulations—fees
(1) The Financial Secretary may make regulations to provide for fees and, without prejudice to the generality of that power, any such regulations may provide for a fee to be calculated on a scale dependent upon—
(a) the number of persons the amusement ride to which the fee relates is permitted to carry;
(b) the number of amusement rides to which the fee relates; or
(c) a combination of the number of persons each amusement ride to which the fee relates is permitted to carry and the number of such rides.
(2) Any fees prescribed under this section may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of the matters to which this Ordinance relates, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter.