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The proposed removal of the permit system is part of the Government's continued efforts to give effect to its commitment to promote freedom of expression. The abolition of the permit system will also simplify the existing dual licensing system for public entertainment by making the Urban Council and the Regional Council the sole Licensing Authorities. In future, an organiser of a public entertainment will only need to obtain one licence from the Licensing Authority to comply with the hygiene, fire and building safety requirements for the venue. These requirements are mainly to ensure the safety of participants.
Mr President, I would like to emphasise that the removal of the permit system does not mean that we will lose control over live public performances. Objectionable public performances will continue to be controlled by section 12A of the Summary Offences Ordinance, under which it is an offence to take part in, provide or manage any public live performance of an indecent, obscene, revolting or offensive nature. Police officers acting under a warrant can enter premises where it is suspected that such a performance is or may be taking place, conduct a search and seize articles related to the performance. In fact, the permit system cannot be an effective safeguard against impromptu indecent public entertainments anyway and enforcement action by the Police was relied upon in the past.
The Bill also amends the Amusement Rides (Safety) Ordinance to put amusement devices like multi-axis chairs, which are solely driven by human power but carry potential danger, under comprehensive safety control. However, Members can rest assured that simple and safe mechanical devices found in children's playgrounds like swings, slides and see-saws are not caught by this amendment. Subject to the passage of this amendment, the design, installation, repair, operation, as well as operating personnel in charge of multi-axis chairs will be subject to the extensive and stringent safety measures prescribed in the Amusement Rides (Safety) Ordinance.
Mr President, I now wish to summarise the main provisions of the Bill.
Clause 2 proposes to revise and update the definition of "entertainment" under the Places of Public Entertainment Ordinance. Outdated forms of entertainment like exhibition of abnormal persons or animals will be removed from the definition whereas a new form of entertainment, i.e. laser projection display, will be included.
The Secretary for Recreation and Culture is empowered under clause 5 to amend the list of entertainments in the Schedule by regulation as well as to determine the circumstances under which licence conditions can be waived, cancelled, added or varied, and the circumstances under which fees can be waived or reduced. An Amendment to the schedule would normally be made at the request of and in consultation with the Licensing Authority.