(2) For the purposes of this Ordinance and the definition “licensing authority”, the licensing authority may authorize in writing any public officer to perform or exercise on behalf of the licensing authority all or any of the functions which are imposed or conferred on the licensing authority by this Ordinance.
3. Application, exemption and transitional
(1) This Ordinance shall not apply to any karaoke establishment—
- (a) in premises where the karaoke activity is carried on in not more than 3 rooms with an aggregate floor area of not more than 30 square metres;
- (b) in concert halls, theatres, auditoria and community halls in respect of which a licence has been granted and is for the time being in force under section 4 of the Places of Public Entertainment Ordinance (Cap. 172) or which are the subject of an order made under section 3A of that Ordinance that is for the time being in force; or
- (c) exempted by an order of the licensing authority under subsection (2) that is for the time being in force.
(2) Where, for reasons connected with the situation, means of ingress or egress, design (including the percentage of the area allocated for the karaoke activity), construction or size of, or the equipment, installations or facilities in, any karaoke establishment, the licensing authority is satisfied that the safety of persons using the karaoke establishment will not be adversely affected, he may by order in writing exempt the karaoke establishment from the application of this Ordinance.
(3) An order under subsection (2) may—
- (a) be made by reference to the type or description of a karaoke establishment;
- (b) be made by reference to or in respect of any person;
- (c) be made subject to such conditions;
- (d) be made subject to such geographical limitations;
- (e) have effect for such period; or
- (f) have such general, particular or partial application,
as may be indicated in the order and, if made by reference to or in respect of any person, shall be served on the person by reference to or in respect of whom it is made.
(4) A person who immediately before the date of commencement of section 4 was operating, keeping, managing or otherwise controlling a karaoke establishment in any premises may continue to operate that karaoke establishment without having to comply with any of the conditions indicated in section 4(2)—