Hong Kong Ordinances

KARAOKE ESTABLISHMENTS ORDINANCE - SECT 14

Inspection of karaoke establishments

PART IV

SUPERVISION OF KARAOKE ESTABLISHMENTS

(1) For the purposes of ensuring compliance with the provisions of this
Ordinance and the conditions imposed in respect of any permit or licence-

   (a)  any public officer authorized by the licensing authority in writing
        for that purpose may, without warrant and on production, if so
        required, of his written authorization and his identity card issued
        under the Registration of Persons Ordinance ( Cap 177); or

   (b)  the Commissioner of Police or any police officer authorized by him
        may, without warrant and on production of his warrant card issued by
        the Commissioner of Police, -

        (i)    at all reasonable times enter and inspect any karaoke 
               establishment or any premises which he has reason to suspect
               are used as or for the purposes of a karaoke establishment;

        (ii)   require any person taking part in the operation or management
               of a karaoke establishment to produce any book, document or
               other article relating to the operation or management of that
               karaoke establishment or to any other activity in respect of
               the karaoke establishment or to furnish any information
               relating to such operation, management or activity; and

        (iii)  do such things as are necessary for the inspection of a
               karaoke establishment or for the inspection or testing of any
               apparatus, equipment or any other article, works or system used
               for or in connection with the operation, keeping, management or
               other control of the karaoke  establishment.

(2) Without affecting the application of section 50(7) of the
Police Force Ordinance ( Cap 232) insofar as it applies to any police officer,
neither any authorized public officer nor the Commissioner of Police or any
authorized police officer may enter any premises used wholly for residential
purposes and constituting a separate household unit, in the exercise of the
powers conferred by subsection (1), unless an adult occupier of the premises
gives his consent.

(3) Where a magistrate is satisfied by information on oath that there is a
reasonable ground for suspecting that there is to be found in any
karaoke establishment or any premises any thing that is evidence of the
commission of an offence against this Ordinance, he may issue a warrant
authorizing-

   (a)  any public officer authorized under subsection (1)(a); or

   (b)  the Commissioner of Police or any police officer authorized by him
        under subsection (1)(b), with such assistants as may be necessary, at
        any time to search for, seize and remove for further examination or
        testing any such thing in the karaoke establishment or the premises
        specified in the warrant.

(4) Where any thing is seized and removed under subsection (3) and no
prosecution is instituted in respect of the suspected offence to which the
thing relates within 6 months after the day of its seizure and removal, the
authorized public officer or the Commissioner of Police or the authorized
police officer shall return or arrange for the return of the thing to the
operator of the karaoke establishment concerned or the person from whom it was
seized and removed, as the case may be.