Public Entertainments and Meetings (Amendment) Bill

by deleting the word “Schedule” in the definitions of “arts entertainment” and “public entertainment” in subsection (1) and substituting in each case the words “First Schedule”;

by inserting, immediately after the definition of “Arts Entertainment Licensing Officer” in subsection (1), the following definition:“ “authorised person” means an individual appointed as an authorised person under section 4(2);”;

by inserting, immediately after the definition of “public entertainment” in subsection (1), the following definition:“ “Public Entertainment Appeal Board” means the Public Entertainment Appeal Board established under section 16AA;”;

by inserting, immediately after the definition of “Public Entertainment Licensing Officer” in subsection (1), the following definition:“ “responsible officer”, in relation to an applicant or a licensee, means —

where the applicant or licensee is a body corporate, a director of the body corporate;

where the applicant or licensee is a partnership (including a limited partnership and limited liability partnership), a partner of the partnership; and

where the applicant or licensee is an unincorporated association registered under the Societies Act (Cap. 311), an officer of the unincorporated association;”;

by deleting the word “Schedule” in subsection (2) and substituting the words “First Schedule”; (f)by inserting, immediately after subsection (2), the following subsection:“(2AA) In determining any approved place for the purposes of this Act, the appropriate Licensing Officer —

must act in conformity with the provisions of the Master Plan and any Certified Interpretation Plan under the Planning Act (Cap. 232) and any authorisation under section 21(6) of that Act; and

may approve an approved place, subject to written permission being obtained under the Planning Act for any development of or works on the land that constitutes the approved place, if required.”; and

by deleting the word “Schedule” in subsection (2B) and substituting the word “Schedules”.

by inserting, immediately after the words “fit and proper person to hold such licence” in subsection (2), the words “, having regard to the criteria and requirements mentioned in section 5(3)(a)”;

by inserting, immediately after subsection (2), the following subsection:“(2A) Despite subsection (3A), the appropriate Licensing Officer may immediately suspend a licence if proceedings have commenced against the licensee, a responsible officer of the licensee or a person having substantial interest in, or control or direction over, the business of the licensee, for any offence —

specified in the Second Schedule; and (b)arising out of or in connection with any activity at an approved place specified in the licence,until the conclusion of those proceedings.”; and

by deleting subsections (5) and (6).

by inserting, immediately after subsection (2), the following subsections:“(2A) In classifying any arts entertainment, the Arts Entertainment Licensing Officer may impose such conditions as he thinks fit and may, at any time, add to the conditions, or vary or revoke any such condition.(2B) The Arts Entertainment Licensing Officer must, before proceeding to add to, vary or revoke any condition of a classification under subsection (2A), give the licensee —

notice in writing of his intention to do so; and

an opportunity to be heard, within such time as may be specified in the notice, as to why the condition should not be added to, varied or revoked.”; and

by inserting, immediately after the words “Arts Entertainment Licensing Officer” in subsection (3), the words “and its provision is in accordance with the conditions imposed under subsection (2A), if any”.

by deleting the word “or” at the end of paragraph (a); and

by deleting the full‑stop at the end of paragraph (b) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(c)the content of the arts entertainment does not fall within any of the classifications of arts entertainment determined by the Arts Entertainment Licensing Officer under section 15A.”.

in relation to an appealable decision of the Public Entertainment Licensing Officer —

the Public Entertainment Appeal Board established under section 16AA, where the appellant is —

an applicant for, or a licensee of, a specified establishment or one of a class of specified establishments, prescribed by the Minister charged with the responsibility for public entertainments; or

one of a class of applicants or licensees prescribed by the Minister charged with the responsibility for public entertainments; or

in any other case, the Minister charged with the responsibility for public entertainments; or

in relation to an appealable decision of the Arts Entertainment Licensing Officer, the Minister charged with the responsibility for the licensing of arts entertainments;“appealable decision”, in relation to the appropriate Licensing Officer, means any of the following decisions or directions:

a decision under section 10(1) or (2) imposing, adding to, varying, refusing to vary, or revoking any condition of a licence;

a decision under section 11(4) forfeiting the whole or any part of the security given under section 11(1) or (2);

a decision under section 13(1) refusing to issue or renew a licence;

a decision under section 14(1) or (2) suspending or cancelling a licence;

a decision under section 15A(2) classifying the content of any arts entertainment, or under section 15A(2A) imposing, adding to, varying, refusing to vary, or revoking any condition of classification of any arts entertainment;

a refusal to classify the content of an arts entertainment under section 15B(2);

a direction by the Arts Entertainment Licensing Officer under section 15C(1).Public Entertainment Appeal Board16AA.—

A Public Entertainment Appeal Board is established, comprising a chairperson, a vice‑chairperson and 5 other members, all of whom are appointed by the Minister charged with the responsibility for public entertainments.(2) An individual must not be appointed to the Public Entertainment Appeal Board if the individual is directly or indirectly involved in the provision of public entertainment or arts entertainment.(3) The Minister must appoint a public officer as a secretary to the Public Entertainment Appeal Board.(4) All members of the Public Entertainment Appeal Board are deemed to be public servants for the purposes of the Penal Code (Cap. 224).Appeal to appeal authority 16AB.—

An applicant or a licensee aggrieved by an appealable decision may appeal against the decision to the appeal authority for that decision.(2) Any appeal to the appeal authority must be made in writing —

within 14 days after the applicant or licensee is notified of the appealable decision, or such extended period as the appeal authority may allow in any particular case; and (b)in accordance with any rules made under section 23 for the appeal.(3) An appealable decision takes effect despite an appeal against that decision being made to the appeal authority under subsection (1), unless the appeal authority otherwise specifies.(4) In granting an appeal, the appeal authority may impose such restrictions or conditions as the appeal authority thinks fit on the licence that is the subject of the appeal.(5) The appeal authority may determine an appeal made to it under subsection (1) by —

confirming, varying or reversing the decision or direction; or

requiring the appropriate Licensing Officer to reconsider the decision or direction.(6) The appeal authority’s decision on the appeal is final.Minister may designate others to hear appeals16AC. A Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal to the Minister under section 16AB:

the Second Minister, if any, for his Ministry;

any Minister of State, including a Senior Minister of State, for his Ministry;

any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his Ministry.”.

in relation to section 15A, 15B or 15C, the Minister charged with the responsibility for the licensing of arts entertainments; and

in relation to any other provision of this Act —

the Minister charged with the responsibility for public entertainments in any case; and

the Minister charged with the responsibility for the licensing of arts entertainments insofar as the exemption relates to an arts entertainment provided or to be provided, solely or in combination with one or more forms of arts entertainments only, in any place other than a specified establishment.”.

enter and inspect any premises where public entertainment is provided, or that the inspecting officer believes on reasonable grounds is used for the provision of public entertainment;

photograph or film, or make a record or sketches of, any part of the premises, or any person or thing at the premises;

require any person on those premises to produce or grant access to, without charge, any document, information or article reasonably required for any purpose in subsection (1), which is in the possession or under the control of that person;

inspect and make copies of or take extracts from any such document or article; and

subject to section 17A(6), take possession of such a document or article if, in the opinion of the inspecting officer —

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

the document or article may be interfered with or destroyed unless possession is taken; or

the document or article may be required as evidence in any proceedings instituted or commenced under this Act.(1B) The power to require a person to furnish any document, information or article under subsection (1A)(c) includes the power —

to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document, information or article; (b)if the document, information or article is not furnished, to require the person to state, to the best of the person’s knowledge and belief, where it is; and

if the document, information or article is recorded otherwise than in legible form, to require the document, information or article to be made available to the inspecting officer in legible form.(1C) For the purposes of subsection (1A), if any document or information required by the inspecting officer is kept in electronic form —

the power of the inspecting officer to inspect the document or to obtain the information includes the power to —

access any computer or other equipment (including a mobile telephone) in which the document or information is stored; and

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and

the power of the inspecting officer to seize such document includes the power —

to make copies of the document in legible or electronic form; and

to transfer the information from the document to a disk, tape or other storage device.(1D) If the inspecting officer under subsection (1C)(b) is unable to make copies of the document or transfer the information from the document, the Licensing Officer or a police officer (who may not be the inspecting officer) may —

subject to section 17A(6), seize the computer or other equipment (including a mobile telephone) in which the document or information is stored, as evidence in proceedings for an offence under this Act; and

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or information held in the computer or equipment.”.

by inserting, immediately after the words “any provision of this Act,” in subsection (1), the words “in addition to exercising any of the powers in section 17,”;

by deleting the full‑stop at the end of paragraph (d) of subsection (1) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(e)without a warrant enter and search any place or premises in which the Licensing Officer reasonably suspects that an offence under this Act is being or has been committed; (f)if free entry or access to the place or premises cannot be obtained under paragraph (e), the Licensing Officer may, with such assistance as the Licensing Officer considers necessary, break open any door, window, lock or fastener, or use any other reasonable means in order to gain entry or access into the place or premises.”; and

by deleting the words “and section 17B” in subsection (8).

in the case of an offence under paragraph (a) or (b), to a fine not exceeding $20,000; and

in the case of an offence under paragraph (c) or (d), to a fine not exceeding $10,000.”.