1983 Ed.]
Massage Establishments
[CAP. 266
(e) a physiotherapy clinic licensed under the Miscellaneous
Licences Ordinance.
4. (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) shall, subject to subsection (4), be liable--
(a) on first conviction to a fine of $50,000 and to imprisonment for 6 months;
(b) on a second or subsequent conviction to a fine of $100,000 and to imprisonment for 2 years.
(4) A person convicted of an offence under subsection (1) shall be liable to the penalty prescribed by subsection (3)(b) if within 3 years prior to the date of his conviction another person was convicted of an offence against that subsection committed in relation to the same place or a part thereof to which his conviction relates unless he satisfies the court that at the time of the offence under subsection (1) for which he is convicted he did not know and had no reason to suspect that another person had been so convicted.
PART II
LICENCES
5. Any person specified in the Schedule may exercise the powers conferred on the licensing authority by this Ordinance.
6. (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;
(Cap. 114.)
Prohibition on operating etc. massage establishment without a licence.
Authorized officer.
Schedule.
Application for and grant of licence.