1977-HKRS28-16-25_Part01 — Page 17

Cap. 112.)

(Cup. 108.)

1

"gambling catablishment" includes any premises or place, whether or not the public or a section of the public is entitled or permitted to have access thereto, opened, kept or used, whether on one occasion of more than one occasion, for the purposes of or in connexion with unlawful gambling or an unlawful lottery;

"game" means a game of chance and a game of chance and still combined and a pretended game of chance or chance and skill combined, and also means any game whalever in which-

(a) a bank is kept by one or more of the players cxclusively of the

others; or

(B) the chances of the game are not equally favourable to all the players, including among the players, the banker or other person by whom the game is managed or against whom the players stake, play or bet;

"gaming" means the playing of or at any game for winnings in money or other property whether or got any person playing the game is at risk of losing any money or other property:

"lattery" includes-

(a) a raffle;

(b) a sweepstake;

(0) xse ja (E);

(d) hung plu (#);

(e) po piu (9)):

( any competition for money or other property success in which- () involves guessing or estimating the results of future events, or of past events the results of which are not generally known; or (00) does not depend to a substantial degree upon the exercise of skill by the competitors; and

(g) any game, method, device or scheme for distributing or allotting

prizes by lot or chance,

whether promoted, conducted or managed in or outside Hong Kong, but does not include such lotteries promoted, conducted or managed outside Hong Kong as may be prescribed;

"owner" in relation to premises means any person holding the premises direct from the Crown, whether under lease, licence or otherwise, any mortgagez in possession and any person receiving the rent of the premises, solely or with another and on his behalf or that of any person or who would receive the same if such premises were lel to à icment, and, where such owner as above defined cannot be found or ascertained or is absent from Hong Kong or is under disability, also means the agent of such owner;

"place" includes any ship, aircraft or vehicle, and any spot on land or

waler;

"private gain" does not include the private gain of any charitable institu- Lion or trust of a public character exempt from tax under section 88 of the Inland Revenue Ordinance;

"private premises" means premises to which the public have access (whether on payment or otherwise) only by permission of the owner. tenant or occupier of the premises;

"racing club" means any club, association of other body of persons established for the purpose of promoting and conducting bets on totalizators or pari-mutuels and for the purpose of promoting cash- sweeps under the authority of the Betting Duty Ordionace;

"racing club premises" means any land or premises used by a racing club

for or in connexion with the purposes of a racing club;

"tape recording" means any tape, disc, sound track or other device in which sounds are embodied so as to be capable with or without the aid of some other equipment of being reproduced therefrom; "roman" includes sub-tenant and "tenancy" includes sub-tenancy; "ticket", in relation to a lottery or proposed loitery, includes the whole or any part of a document or thing, or a copy or other reproduction of the whole or any part of a document or thing, which, either alone or in conjunction or combination wil–

(d) any other document or thing or a copy or other reproduction of

any other document or thing; or

(b) part of any document or thing or a copy or other reproduction

of part of any document or thing,

evidences the claim of any person to participate in the lottery:

“trade promotion competition" means a competition or other scheme promoted, conducted or managed for the purpose of promoting a trade or business or the sale of any product

34

PART II

GAMBLING ANd Lortures UNLAWFUL,

(1) Save as provided in subsections (2), (3), (4), (5), (6), (7) and Gambling is (8), gambling is unlawful.

(3) Gaming is lawful if the game is played on a social occasion in private premises and is not promoted or conducted by way of trade or business or for the private gain of any person otherwise than to the extent of a person's winnings as a player of or at the game.

(0) Gaming in lawful if the game is one fa which dice, dominoes, mahjong or tik kak tiles, or playing cards are used and—

(a) the game is played on a social occasion in-

unlaw ul.

0 premises licensed as a restaurant under the Public Health (Cap. 132.) and Urban Services Ordinance;

(ii) premises where intoxicating liquor is sold pursuant to a licence or other authorization granted under any Ordinance; or

(iii) premises occupied or used by a society which is registered or exempted from registration under the Societies Ordinance: (b) a fee is not charged for admission to such premises;

(c) the game does not involve playing against a bank kept by one

or more of the players exclusively of the others, and

(c) the game is not promoted or conducted by way of trade or business, or for the private gain of any person otherwise than to The extent of a person's winnings as a player of or at the game. (4) Gaming is lawful if the game is one in which mahjong or rin kau tiles are used and-

(a) it is played in premises-

(Cap. [51.}

( licensed as a restaurant under the Public Health and Urban (cap. 132) Services Ordinance; or

(i) occupied or used by a society which is registered or ex- empted from registration under the Societies Ordinance;

(b) a fee is not charged for admission to the premises;

(Cap. 151)