Hong Kong Ordinances

KARAOKE ESTABLISHMENTS ORDINANCE - SECT 17

Offences in relation to permits and licences

PART V

MISCELLANEOUS

(1) Any person who on any occasion operates, keeps, manages or otherwise has
control of a karaoke establishment in respect of which a permit or a licence,
as the case may be, has been granted or issued-

   (a)  in contravention of any condition of the permit or the licence, as the
        case may be, so granted or issued;

   (b)  in any premises other than the premises indicated in the permit or the
        licence, as the case may be, so granted or issued; or

   (c)  under any name other than the name of the karaoke establishment
        indicated in the permit or the licence, as the case may be, so granted
        or issued, commits an offence.

(2) Where a person charged with an offence under subsection (1)(a) is-

   (a)  a representative of a body corporate or a partnership whose name
        appears on the permit or the licence concerned; or

   (b)  a grantee or a licensee who is an individual, it shall be a defence
        for the person to prove that-

        (i)    he did not know and had no reason to suspect the existence of
               the circumstances giving rise to the contravention; and

        (ii)   he could not, by the exercise of reasonable supervision and
               reasonable diligence, have prevented those circumstances
               arising.

(3) Where an offence under subsection (1) is alleged to have been committed,
evidence that a defendant did any act in connection with the operation,
keeping, management or other control of a karaoke establishment shall, unless
the contrary is proved, be proof that the defendant operated, kept, managed or
otherwise had control of the karaoke  establishment.

(4) Any person who-

   (a)  in or in connection with any application under this Ordinance makes
        any statement or furnishes information, whether such statement be oral
        or written, which is false in any material particular and which he
        knows or reasonably ought to know is false in such particular;

   (b)  obstructs the licensing authority, any police officer or any public
        officer in the exercise of any of his powers under this Ordinance;

   (c)  refuses to produce any book, document, or any other article upon being
        so required under section 14 or furnishes information which is false
        in a material particular and which he knows or reasonably ought to
        know is false in such particular;

   (d)  fails to comply with the requirements of a direction given under
        section 15 within the period indicated in the notice served
        thereunder;

   (e)  contravenes section 16(4), commits an offence.

(5) Any person who commits an offence under this section 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 $2000 for each day during which the offence
        continues.