### Massage Establishments Ordinance 《按摩院條例》

4. Prohibition on operating etc. massage establishment without a licence
(1) Any person who on any occasion operates, keeps, manages, assists in any capacity in the operation of, or assists in the management of, a massage establishment for the operation of which a licence is not in force commits an offence.
(2) For the avoidance of doubt it is hereby declared that it shall not be a defence that a person charged with an offence under subsection (1) did not know that the operation of the massage establishment which is the subject of the offence was not licensed.
(3) Any person who commits an offence under subsection (1) is liable— (Amended 17 of 2018 s. 84)
(a) on first conviction to a fine at level 5 and to imprisonment for 6 months;
(b) on a second or subsequent conviction to a fine at level 6 and to imprisonment for 2 years. (Amended E.R. 4 of 2021)
(4) (Repealed 13 of 1995 s. 2)

5. Authorized officer
Any person specified in the Schedule may exercise the powers conferred on the licensing authority by this Ordinance.

### Massage Establishments Ordinance 《按摩院條例》

6. Application for and grant of licence
(1) An application by a person for a licence shall be made to the licensing authority in the prescribed form and in the prescribed manner.
(2) Subject to subsections (3) and (4), the licensing authority may, in his absolute discretion, grant a licence and may impose such conditions as he thinks fit.
(3) The licensing authority shall not grant a licence unless he is satisfied that—
(a) the applicant is a fit and proper person to operate a massage establishment;
(b) the applicant will adequately and personally supervise the massage establishment;
(c) the premises and the situation thereof are suitable for the operation of a massage establishment;
(d) the massage establishment will not be operated in a manner contrary to the public interest.
(4) The licensing authority shall not grant a licence to a person other than a natural person.
(5) A licence granted under this section shall be in the prescribed form.
(6) A licence granted under this section shall not be issued and shall not be valid except on payment to the licensing authority of the prescribed fee.
(7) A licence shall authorize the licensee to operate a massage establishment at the premises specified therein for a period of 12 months from the date on which it is granted and in accordance with any conditions imposed under subsection (2).
(8) Where the licensing authority refuses to grant a licence he shall make a written order, properly dated and signed, to that effect adequately stating by reference to subsection (3)(a), (b), (c) or (d), the matter in respect of which he is not satisfied and shall send a copy thereof by registered post to the applicant, at the address last known to the licensing authority. (Added 6 of 1994 s. 49)

### Massage Establishments Ordinance 《按摩院條例》

7. Renewal of a licence
(1) A licensee may apply for the renewal of his licence.
(2) This section does not apply to a licensee whose licence is revoked.
(3) An application by a licensee for the renewal of a licence shall—
(a) be made not more than 3 months and not less than 2 months prior to the expiration of the licence or within such other period prior to the expiration thereof as the licensing authority may in writing permit;
(b) be made to the licensing authority in the prescribed form and in the prescribed manner.
(4) Subject to subsection (8) and section 8, subsections (3), (6) and (7) of section 6 shall apply mutatis mutandis to an application for renewal made under this section as it applies to an application under section 6 and for the avoidance of doubt it is hereby declared that the licensing authority may in respect of the renewed licence impose any condition in addition to or instead of any condition previously imposed by him. (Amended 28 of 2001 s. 4)
(5) Any licence in respect of which an application for renewal is made under and in accordance with this section and which expires prior to the determination of such application shall, unless such application is withdrawn, or the licence is revoked or suspended under section 8, be deemed to continue in force until the determination by the licensing authority of such application.
(6) A renewal of a licence granted under this section shall—
(a) not be issued and shall not be valid except on payment to the licensing authority of the prescribed fee;
(b) be deemed to be granted from the day following the day upon which the licence being renewed would have expired but for subsection (5).
(7) Subject to subsection (8), a renewal of a licence granted under this section shall be for a period of 12 months. (Added 28 of 2001 s. 4)
(8) The licensing authority may renew a licence under this section for a period of 24 months if the licensee has not been in breach of any conditions of the licence. (Added 28 of 2001 s. 4)

### Massage Establishments Ordinance 《按摩院條例》

8. Revocation and suspension
(1) The licensing authority may by notice in writing served upon the licensee either personally or by registered post revoke, suspend or refuse to renew any licence if in the opinion of the licensing authority— (Amended 6 of 1994 s. 49)
(a) the licensee has been in breach of any conditions of the licence;
(b) the licensee has ceased to satisfy any condition relating to the operation of the massage establishment in respect of which the licensing authority is required to be satisfied under section 6(3); or
(c) the massage establishment the subject of the licence has been operated on any occasion since the date on which the licence was granted in any manner contrary to the public interest.
(2) Where a person is convicted of an offence contrary to section 139 of the Crimes Ordinance (Cap. 200)—
(a) the licensing authority shall revoke any licence that was held by the convicted person at the time the offence was committed and which is still in force;
(b) where the convicted person does not hold a licence but the conviction was for an offence which was, in the opinion of the licensing authority, related to or connected with premises specified in a licence, and was committed whilst the licence was in force, the licensing authority may revoke the licence.

8A. Notice of revocation, suspension or refusal to renew
The licensing authority shall, before serving notice under section 8(1), give to the licensee notice of his intention to do so adequately stating by reference to section 8(1)(a), (b) or (c), the grounds on which he intends to serve the notice and indicating that the licensee may make written representations to him.
(Added 6 of 1994 s. 49)

9. Transfer
(1) Except as provided in this section, a licence shall not be transferable.
(2) The licensing authority may, on sufficient cause being shown to his satisfaction and subject to any conditions as he may think fit to impose, permit the transfer of an existing licence until its expiration to another person and such transfer shall be endorsed on the licence.

10. Appeals
Any person who is aggrieved by a decision of the licensing authority made in respect of him under sections 6, 7, 8 or 9 may, within 28 days from the date when he was informed of the decision, appeal to the Administrative Appeals Board.
(Replaced 6 of 1994 s. 49)