Hong Kong Regulations

LIBRARIES REGULATION - SECT 27

Liability for library material not returned or damaged

(Past version on 01/01/2000).
(Past version on 30/06/1997).

PART V

MISCELLANEOUS

(1) Any person who writes upon, marks or soils any library material or by
whose act any library material is, in the opinion of the librarian, otherwise
damaged in any way whatever or who destroys any library material shall be
liable to pay to the Government such sum of money as the librarian considers
necessary to replace such library material or the whole set of library
material of which such library material forms a part or such sum of money as
the librarian considers will be full compensation for the damage or loss.

(2) If any library material which is borrowed or taken from a library or
obtained for use in a library is not returned in accordance with this
Regulation or if, when returned, such library material is found to be written
upon, marked or soiled in any way or, in the opinion of the librarian, is
otherwise damaged in any way whatever, the person who is the holder of the
library card or the identity card allowed for library  purposes on which such
library material was borrowed or taken or the person who obtained the library
material for use in the library as the case may be, shall, unless payment has
been made by any person under subsection (1) hereof, be liable to pay to the
Government such sum of money as the librarian considers necessary to replace
such library material or the whole set of library material of which such
library material forms a part or such sum of money as the librarian considers
will be full compensation for the damage or loss. (L.N. 83 of 2003)

(3) In addition to any sum which a person may be liable to pay under
subsection (1) or (2), such person may be required to pay a surcharge
amounting to 20 per cent of such sum.

(4) Where any sum becomes payable under this section in respect of library
material borrowed or taken from a library, the person who is the holder of the
library card or the identity card allowed for library  purposes on which the
library material was borrowed or taken shall be liable to pay such sum
notwithstanding that the library material was not borrowed or taken by him.
(L.N. 83 of 2003)

(5) A person who has reported to the librarian in writing the loss of his
library card or identity card allowed for library purposes shall not be liable
under this section in respect of any library material which is borrowed or
taken from the library on that library card or identity card after he has
reported such loss. (L.N. 83 of 2003)

(6) A person who makes a report to the Director or an officer of Leisure and
Cultural Services Department, that library material borrowed or taken from or
obtained for use in a library has been lost which report he knows to be false
is guilty of an offence and is liable on conviction to a fine at level 1 and
to imprisonment for 1 month. (L.N. 211 of 1995) (L.N. 231 of 1979; 10 of 1986
s. 32(2); L.N. 211 of 1995; 78 of 1999 s. 7)