PREAMBLE
These Bye-laws are made by The Jockey Club CPS Limited trading as Tai Kwun (“JCCPS”) for the following purposes:
- to regulate access to and use of the CPS Compound;
- for the management and control of the CPS Compound;
- to regulate the use of facilities, services, equipment, apparatus and fittings provided for use at the CPS Compound;
- for the preservation of good order and discipline, and the prevention of abuses, nuisances and fire or other hazards, in the CPS Compound;
- for the management and control (including prohibition) of any trading, advertising and similar activities in the CPS Compound and the erection of any structures in or on the CPS Compound; and
- for the better performance and execution of its functions, rights, powers and duties of JCCPS.
ARTICLE I – PRELIMINARY
Section 1 – Commencement
These Bye-laws come into operation on 25th May 2018.
Section 2 – General
2.1. Unless otherwise expressly provided in these Bye-laws, these Bye-laws shall apply to the entire CPS Compound.
2.2. These Bye-laws do not apply to JCCPS, the Facility Manager and (unless the circumstances otherwise require or unless otherwise directed by JCCPS) the Authorized Persons.
Section 3 – Definition and Interpretation
3.1. In these Bye-laws, unless the context otherwise requires:
“Authorized Person” means any person authorized by JCCPS and (where applicable) the Facility Manager to enforce, or otherwise perform and exercise all or any of the functions, rights and powers of JCCPS under, these Bye-laws which, unless the context otherwise require, includes any person referred to in Section 3.5 who is on duty in the CPS Compound;
“Buildings” means the buildings (including temporary structures) erected or to be erected on the CPS Compound and, unless the context otherwise requires, include any one or more of such buildings (including temporary structures);
“Closed Area” shall have the meaning given to it under Section 7.1;
“Common Facilities” means such services and facilities which JCCPS may from time to time designate as common services and facilities for use in common by or for the benefit of the occupiers and users of the Buildings and/or (as the case may be) the CPS Compound;
“Common Parts” means such parts of the Buildings and/or (as the case may be) the CPS Compound which JCCPS may from time to time designate for use in common by JCCPS and the occupiers and users of the Buildings and/or (as the case may be) the CPS Compound;
“CPS Compound” means the former Central Police Station Compound at Hollywood Road and the Footbridge;
“Designated Person” shall have the meaning given to it under Section 6.1;
“Emergency Vehicle” means a vehicle driven by:
(a) a person who is a police officer acting in the course of his or her duties as a police officer;
(b) a member of the ambulance service rendering or providing transport for sick or injured persons;
(c) a member of a fire brigade providing transport in the course of an emergency; or
(d) an authorized person acting in the course of his or her duties as an Authorized Person;
“Facility Manager” means the person from time to time appointed by JCCPS as the manager of the CPS Compound;
“Footbridge” means the pedestrian footbridge adjoining and connecting the former Central Police Station Compound at Hollywood Road with the Central to Mid-levels Escalator and Walkway System;
“Restricted Area” shall have the meaning given to it under Section 6.1;
“Smoking Area” shall have the meaning given to it under Section 11.1;
“Specific Use Area” shall have the meaning given to it under Section 9.1;
“Terms of Use” means any terms, conditions, rules, procedures, circulars, instructions and/or directions relating to the availability of or the access to, or the use or operation of, any part of the CPS Compound and/or the services or facilities therein or thereto, issued from time to time by JCCPS, of which notice has been given by JCCPS pursuant to Section 3.6;
“Vehicle” has the same meaning as defined in section 2 of the Road Traffic Ordinance (Cap. 374) and, unless the context otherwise requires, includes a bicycle, tricycle, skate board, roller skate, car and other means of transport of persons, animals, articles or things for use on land; and
“Venue” shall have the meaning given to it under Section 30.1.
3.2 In these Bye-laws, unless the context requires otherwise, any reference:
(a) to a person includes an individual or a body corporate, a partnership, any other unincorporated body or association of persons and any state or state agency;
(b) to “JCCPS” includes its successors and assigns;
(c) to any rights, powers, authorities and discretions exercisable by JCCPS under these Bye-laws shall include the exercise of such rights, powers, authorities and discretions by (where applicable) the Facility Manager or an Authorized Person;
(d) to the “Buildings”, “CPS Compound”, “Common Parts”, “Common Facilities”, “Closed Area”, “Restricted Area”, “Smoking Area” and “Specific Use Area” and any specific areas defined and/or referred to in these Bye-laws includes any part of them;
(e) to the CPS Compound includes all land and buildings from time to time comprised in the CPS Compound together with any adjoining or neighbouring premises in which JCCPS may at any time has an interest and which JCCPS has elected to include as part of the CPS Compound;
(f) to consent includes any other form of licence, permission, approval or authorisation;
(g) to any consent of JCCPS required under these Bye-laws, such consent:
(i) shall be in writing; and
(ii) may, in the sole and absolute discretion of JCCPS, be withheld or granted upon such terms and conditions as JCCPS may impose; and
(h) to these “Bye-laws” includes the Terms of Use, and is a reference to these Bye-laws as in force for the time being or from time to time be amended or supplemented.
3.3 In these Bye-laws, unless the context otherwise requires:
(a) words importing the plural include the singular and vice versa;
(b) words importing a gender include every gender;
(c) the words “other”, “including” and “in particular” do not limit the generality of any preceding words and are not to be construed as being limited to the same class of preceding words where a wider construction is possible; and
(d) an agreement or obligation not to do an act or thing shall include an agreement or obligation not to permit or allow or suffer such act or thing to be done by another person.
3.4 Upon delegation of any of its rights, powers, authorities and discretions provided in or reserved under these Bye-laws by JCCPS, the Facility Manager and the Authorized Person may exercise such rights, powers, authorities and discretions for and on behalf of JCCPS concurrently with JCCPS.
3.5 JCCPS and (where applicable) the Facility Manager may employ or appoint any person to assist them with the supervision and control of the persons within, and the general management and administration of, the CPS Compound.
3.6 Notice of Terms of Use shall be deemed duly given by JCCPS:
(a) (where the relevant Terms of Use are applicable to all persons using the CPS Compound or any particular part of the CPS Compound) by displaying the notice publicly at the CPS Compound or (as the case may be) the relevant part of the CPS Compound; or
(b) (where the relevant Terms of Use are applicable to a particular person providing or operating a service in the CPS Compound or any person of a particular class or description) by serving the notice on the relevant person.
ARTICLE II – ADMISSION AND ACCESS
Section 4 – Conditions of admission
4.1 The CPS Compound is open to the public between the hours and on the days which JCCPS may specify by notice posted on an official notice board of the CPS Compound or as prescribed by JCCPS from time to time.
4.2 JCCPS may from time to time, without prior notice and without refund or compensation, change the opening hours of the CPS Compound or any part thereof, close the CPS Compound or any part thereof temporarily, restrict the number of persons having access to the CPS Compound and using any of the services and facilities therein whether due to capacity or inclement weather or special event or any other circumstances as JCCPS may consider appropriate or necessary.
4.3 Admission to the CPS Compound and any part thereof and the use of any of the services and facilities therein shall be subject to these Bye-laws and the Terms of Use relating to the CPS Compound and such area, building, service and facility and any other terms and conditions which JCCPS may impose from time to time.
4.4 Every person while in the CPS Compound shall observe and comply with:
(a) these Bye-laws;
(b) any relevant Terms of Use;
(c) all directions and instructions of JCCPS given for the purpose of the safe and secure operation, or the preventing of danger to the public, or the prevention of obstruction within the CPS Compound or for any other purposes; and
(d) all signs, notices, indicators and other directions erected or displayed by JCCPS including those prohibiting or restricting access or directing the routes or means of access to any part of any area, building, service or facility.
4.5 No person shall enter or exit the CPS Compound except through entrances and exits marked and designated by JCCPS and in accordance with the conditions of entry and exit prescribed by JCCPS from time to time. For safety, security or other legitimate reasons as may be determined by JCCPS, the Facility Manager and/or an Authorized Person, all persons, bags, clothings and other items may be subject to screening and security checks at the entrance of the CPS Compound and/or in such other areas in the CPS Compound as designated by JCCPS from time to time.
4.6 JCCPS may close any entrance to or exit from the CPS Compound without prior notice.
4.7 Except with the prior consent of JCCPS, persons in the CPS Compound who are under the age of 12 years shall be accompanied by a person of at least 18 years of age who is responsible for the activities of the young person.
4.8 An Authorized Person may refuse any person under the age of 12 to enter the CPS Compound if such person is not accompanied by a person who has attained the age of 18.
4.9 If an Authorized Person reasonably suspects that there is any breach of Section 4.7, the Authorized Person may request the relevant person to produce proof of his age. In the absence of proof of age of any person, the age of that person as determined by the Authorized Person in his absolute discretion shall be that person’s age for the purpose of these Bye-laws.
4.10 A person must not enter or remain in the CPS Compound during the period when the CPS Compound is closed to the public unless authorized by JCCPS.
Section 5 – Admission
5.1 JCCPS may at any time upon reasonable grounds:
(a) refuse to admit to, or request the leaving of or removal from, the CPS Compound; or
(b) request the moving from one particular place within the CPS Compound to another place,
any person, animal, vehicle, article or thing. In case of any dispute, JCCPS’ decision shall be final, conclusive and binding for the purpose of these Bye-laws.
5.2 No person shall:
(a) continue to remain or stay in the CPS Compound; or
(b) fail or refuse to remove or move any animal, vehicle, article or thing from the CPS Compound,
where admission of that person, animal, vehicle, article or thing is refused or a request to leave, remove or move therefrom is made pursuant to these Bye-laws.
Section 6 – Restricted Area
6.1 JCCPS may from time to time restrict access to any part of the CPS Compound (the “Restricted Area”) and the use of the services and/or facilities therein to certain designated persons or persons of a particular class or description (each being a “Designated Person”) only, by issuing or authorizing the issue of permits to such persons.
6.2 A person to whom a permit is granted under these Bye-laws must, on being required to do so by an Authorized Person, produce the permit together with a means of identification for inspection by the Authorized Person.
6.3 An Authorized Person who has reason to believe that any person entering or remaining in the Restricted Area is in breach of this Section may require the person to produce the permit and a means of identification for his inspection.
6.4 JCCPS may prescribe the Terms of Use for the Restricted Area to regulate the conditions for entry to the Restricted Area, the conduct of the persons in the Restricted Area and the use of any service and facility therein.
6.5 No Designated Person may enter, continue to remain or stay in any Restricted Area if he fails to duly comply with these Bye-laws and the Terms of Use for the Restricted Area.
6.6 No person shall:
(a) enter, continue to remain or stay in the Restricted Area; or
(b) fail or refuse to remove or move any animal, vehicle, article or thing from the Restricted Area,
where admission of that person, animal, vehicle, article or thing is refused or a request to leave, remove or move therefrom is made pursuant to these Bye-laws.
Section 7 – Closure
7.1. JCCPS may at any time close any part of the CPS Compound (the “Closed Area”) by displaying a notice prominently on or adjacent to the Closed Area and/or by blocking any entrance to or exit from the Closed Area and/or by whatever means as JCCPS may think fit, if JCCPS, in its absolute discretion, considers it to be expedient or necessary for the purpose of:
(a) public safety and securing or implementing the operation and management of the CPS Compound;
(b) carrying out of building or any other works;
(c) crowd control or direction;
(d) an event, exhibition or performance;
or for any other purposes as JCCPS shall think fit.
7.2 Unless authorized by JCCPS, no person shall:
(a) enter, continue to remain or stay in the Closed Area; or
(b) fail or refuse to remove or move any animal, vehicle, article or thing in his control from the Closed Area,
where admission of that person, animal, vehicle, article or thing is refused or a request to leave, remove or move therefrom is made pursuant to these Bye-laws.
Section 8 – Admission Charges
8.1 JCCPS may set a fee for entry into a specific part of the CPS Compound by posting a notice on an official notice board at the entrance to the CPS Compound and at the entrance to that specified part of the CPS Compound.
8.2 Any person entering a part of the CPS Compound which are subject to an entrance fee is required to pay the prescribed fee before entry.
Section 9 – Specific Use Area
9.1 JCCPS may set aside a part of the CPS Compound (the “Specific Use Area”) for any particular use, programme or activity by displaying a notice prominently on or adjacent to the Specific Use Area.
9.2 JCCPS may prescribe the Terms of Use for the Specific Use Area to regulate the conditions for entry to the Specific Use Area, the conduct of the persons in the Specific Use Area, the use of any service and facilities therein and the purpose for which the Specific Use Area can be used.
9.3 Any person entering into and using the Specific Use Area and participating in the programme or activity for which Specific Use Area is set aside must not undertake any activity other than the activity for which the Specific Use Area is set aside and shall duly comply with the Terms of Use for that Specific Use Area.
ARTICLE III – PUBLIC ORDER AND CONDUCT
Section 10 – Fire
10.1 No person shall:
(a) cause an outbreak of fire or any fire hazards; or
(b) light any naked flame at any place within the CPS Compound except with the prior consent of JCCPS; or
(c) light, or use any fire, or be a member of a group which uses a fire whether or not it was lit by a person.
10.2 No person shall light bonfires on the CPS Compound for the burning of debris or other materials or for any other purposes whatsoever.
10.3 No person shall, without the prior consent of JCCPS, bring into the CPS Compound any dangerous goods or explosives as defined in Section 2 of the Dangerous Goods Ordinance (Cap.295) and any regulations made thereunder and any amending legislation.
Section 11 – Smoking and Non-Smoking Area
11.1 No person shall smoke nor carry a lighted cigarette, cigar or pipe in the CPS Compound save and except only in such area (if any) designated by JCCPS as smoking areas (the “Smoking Area”).
11.2 Except in the Smoking Areas (if any) only, smoking is strictly prohibited in the CPS Compound. All persons shall co-operate fully with JCCPS, the Facility Manager and the Authorized Persons, and shall obey and comply with all rules, regulations, instructions and directions made or given by JCCPS, the Facility Manager and/or (as the case may be) any Authorized Person to avoid or remedy any breach or attempted breach of this Section.
11.3 An Authorized Person may, in respect of any person who has committed a breach, or is reasonably suspected of having committed or attempting to commit a breach, of this Section:
(a) require the person to extinguish the lighted cigarette, cigar or pipe; and
(b) where the person fails to extinguish the lighted cigarette, cigar or pipe, require him to immediately leave the CPS Compound.
Section 12 – Nuisance and annoyance
12.1 No person in the CPS Compound shall:
(a) shout or use any threatening, abusive, obscene or offensive language;
(b) behave in a riotous, disorderly, indecent, disruptive or offensive manner;
(c) conduct himself in any manner so as to cause nuisance, annoyance or danger to other persons; or
(d) engage in any activity which is unsafe or illegal or may impede the operation of the CPS Compound or may endanger the persons or properties in the CPS Compound.
12.2 No person may use a loudspeaker or other public address equipment in the CPS Compound without the prior consent of JCCPS.
12.3 No person may play a musical instrument in the CPS Compound without the prior consent of JCCPS.
12.4 No person in the CPS Compound shall play or use any device or apparatus capable of producing or reproducing music or sound, or play any musical instrument, at a volume which will cause or likely to cause nuisance or annoyance to other persons or which will generate noise.
12.5 No person shall, without reasonable cause, put his feet or lie down on a seat or bench in the CPS Compound.
12.6 (a) No person shall bump into, push or move ahead of others in the queues.
(b) JCCPS and the Authorized Person may establish queues in the CPS Compound for the purpose of regulating the access to services and facilities provided in the CPS Compound and for any other purposes as JCCPS shall think fit.
(c) Every person desirous of availing himself of any such service or facility described in sub-section (b) above shall:
(i) take up position in the rear of such queues established pursuant to sub-section (b) and move forward in an orderly manner; and
(ii) follow and obey the instructions of JCCPS and the Authorized Person regulating such queues.
12.7 No person shall fly a kite, quadricoptor, model aircraft, balloon with metallic coating or other similar device or thing in the CPS Compound.
12.8 (a) No person shall play ball games in the CPS Compound except in any area designated for such purpose.
(b) No person shall play any wireless or remote-controlled toys or devices in the CPS Compound.
12.9 No person shall feed or touch interfere with any animal (including birds) in the CPS Compound.
12.10 No person shall, without the prior consent of JCCPS, deliver a public speech, public lecture or public sermon in the CPS Compound.
12.11 No person shall, without the prior consent of JCCPS, conduct, take part or enter into an assembly or any public discussion, public debate, public meeting or public procession in the CPS Compound.
12.12 No person shall bring into or use in the CPS Compound any article or thing which JCCPS shall determine as may be harmful or disruptive or illegal or may impede the operation of the CPS Compound and the services and facilities therein or may endanger the persons or properties in the CPS Compound, whose determination shall be final, conclusive and binding.
12.13 An Authorized Person may require any person who has committed a breach of this Section, or is reasonably suspected of having committed or attempting to commit a breach of this Section, to leave the CPS Compound.
12.14 JCCPS has the right to require the cessation of any activity conducted upon the CPS Compound (whether or not such activity has previously been permitted by JCCPS) if JCCPS considers that the pursuit or patronage of such activity causes or is likely to cause danger, nuisance or annoyance to any other persons or any damage to the CPS Compound.
Section 13 – Obstruction
13.1 No person shall:
(a) obstruct, hinder or interfere with:
(i) the proper use of the CPS Compound; or
(ii) any Authorized Person in the execution of his duty or in the exercise of any powers conferred on him by these Bye-laws or the Terms of Use; or
(iii) the exercise of any rights and powers of JCCPS or the Facility Manager under these Bye-laws or otherwise in relation to the CPS Compound and any service or facility therein; or
(b) place any article or thing in the CPS Compound in such a way that may cause obstruction or restriction to movement of persons or vehicles; or
(c) use in the CPS Compound any cart, trolley or luggage and other means of carrying articles or things in such a way that may cause obstruction or restriction to movement of persons or vehicles.
13.2 No person shall obstruct or lock, or cause to be obstructed or locked, any of the emergency exits of any Buildings or the CPS Compound or leave the smoke control doors in any Building open.
Section 14 – Trespass and Loitering
14.1 No person shall, except with the prior consent of JCCPS, occupy or settle on any site or space or put up any structures within the CPS Compound .
14.2 No person shall climb or jump on or over any wall, fence, barrier, railing, turnstile, post or tree in the CPS Compound.
14.3 No person shall loiter in the CPS Compound. An Authorized Person may request a person to leave the CPS Compound or any particular part thereof if that person is loitering, or is reasonably suspected of loitering, in any part of the CPS Compound without reasonable cause.
14.4 No person shall continue to remain in the CPS Compound or any particular part thereof after having been requested by an Authorized Person to leave the CPS Compound or (as the case may be) such part thereof.
Section 15 – Littering, spitting or other unhygienic conducts
15.1. No person shall drop or leave litter other than in a receptacle designed or provided for such purpose.
15.2 No person shall spit, urinate, defecate or perform any unhygienic conducts except in a receptacle or other facilities designed or provided for such purpose.
Section 16 – Dumping
16.1 No person shall, without the prior consent of JCCPS, dump, abandon or leave behind any vehicles, equipment, construction debris, waste matter, rubbish, refuse or unwanted articles of any kind on any part of the CPS Compound.
16.2 JCCPS may, without any notice to the owner thereof, remove and dispose of any such vehicles, equipment, construction debris, waste matter, rubbish, refuse or unwanted articles abandoned or left on any part of the CPS Compound in breach of Section 16.1 in such manner and at such time as JCCPS sees fit.
16.3 JCCPS shall incur no liability whatsoever to any person for any removal or disposal made pursuant to Section 16.2. No claim for damages or compensation shall be brought against JCCPS by any person in respect of the same.
Section 17 – Hawking, touting and etc.
17.1 No person shall, without the prior consent of JCCPS,
(a) carry on any business;
(b) carry on any activity as a hawker;
(c) conduct any survey, tout, solicit or invite persons to purchase; or
(d) expose or offer anything for sale or hire or make any offer of services
in any part of the CPS Compound.
17.2 No person shall, without the prior consent of JCCPS, distribute any book, pamphlet, leaflet or other written matter or any sample or other thing or article in any part of the CPS Compound.
17.3 No person shall, without the prior consent of JCCPS, beg or solicit for alms, funds or contributions of any kind in the CPS Compound.
Section 18 – Persons to keep animals under control
18.1 No person shall, without the prior consent of JCCPS, bring any animal (except guide dog accompanying a disabled person) into the Buildings.
18.2 Any person bringing the animal into the CPS Compound:
(a) shall at all times keep the animal on a lead or carried in a proper cage or container or under control by other appropriate means; and
(b) shall not permit such animal to foul any part of the CPS Compound or to cause a nuisance or annoyance to other persons.
Section 19 – Signs and advertisements
19.1 No person shall:
(a) erect any advertisement, decoration, flag, banner, emblem, notice or sign; or
(b) post, stick, paint or write, or cause to be posted, stuck, painted or written, any placard, signboard, bill, advertisement or any other matter,
on any part of the CPS Compound unless (i) with the prior consent of JCCPS. and (ii) in such manner and in accordance with such terms and conditions as JCCPS may require or impose.
19.2 JCCPS may remove and dispose of any advertisement, decoration, signboard and sign and any matter or thing which is displayed, affixed or exhibited in any part of the CPS Compound without prior consent of JCCPS and/or in any manner in breach of this Section.
Section 20 – Filming, photographs, recording etc.
20.1 No person shall, without the prior consent of JCCPS take any photograph or make any video or cinematograph recording or use any sound or image recording equipment at any place within the CPS Compound:
(a) with a view to selling, publishing or publicly exhibiting such photograph, video or cinematograph recording in the course of business for advantage or gain or for any other commercial purposes; or
(b) where such activity or the use of such equipment is expressly prohibited by a notice displayed thereat.
20.2 If a person, without prior consent of JCCPS and/or in any manner in breach of this Section, takes a photograph or makes a video or cinematograph recording or uses any sound or image recording equipment at any place within the CPS Compound, the person shall on request by JCCPS or an Authorized Person immediately cease such activity and:
(a) destroy the photograph, video or cinematograph and any copies thereof; and
(b) destroy the relevant film, video cassette, computer diskette or other similar storage medium and any copies thereof or erase any data from which the photograph, video or cinematograph may be reproduced.
20.3 No person shall use any flash-light or bright light in any part of the CPS Compound where such use is prohibited by a notice displayed thereat or any Terms of Use relating thereto.
20.4 All persons who enter the CPS Compound will be deemed to have granted its approval to JCCPS undertaking the following activities without making any payment or notification to any such persons:
(a) taking photographs, making a video or cinematograph recording and/or using any sound or image recording equipment at any place within the CPS Compound; and
(b) reproducing the image and/or voice of any person who enters the CPS Compound and using the same for any purposes as JCCPS shall think fit.
Section 21 – Restriction on consumption of food or beverages
21.1 No person shall consume any food, beverages or alcoholic drinks while in any part of the CPS Compound or any facility therein where such act is prohibited by notice displayed thereat or by any Terms of Use relating thereto.
ARTICLE IV – PROTECTION OF BUILDINGS/FACILITIES
Section 22 – Misuse of facilities
22.1 No person shall interfere with or impede the operation or proper use of, or tamper with, obscure, damage or misuse:
(a) any flora, vegetation or tree;
(b) any Buildings and other structures, walls, grounds and other fixtures and installations in or forming part of the CPS at any place within the CPS Compound;
(c) any operating system, including any telephone system, information or data system, computer system, telecommunications system or other apparatus provided for transmitting and receiving of messages at the CPS at any place within the CPS Compound, announcement system, ventilation system, lighting system and sign or signal system;
(d) any conveyance system or facility for passengers or goods, including moving platform or lift and its related system, installation or equipment;
(e) any machine, equipment, appliance, plant, installation, apparatus, device, tool or system, whether mechanical, electrical or otherwise, including any automatic door or gate;
(f) any wiring or cable or other form of electrical installation;
(g) any alarm or security device or emergency or safety system or device;
(h) any drainage, sewerage, water supply, gas supply, power supply or other utility supply system; and
(i) any Common Facilities or Common Areas.
22.2 No person shall except in the case of an emergency and for the express purpose for which the same is provided, intentionally operate or activate any alarm or emergency or safety system or device in, installed at or forming any part of the CPS Compound.
22.3 No person shall move or work any lever, button, switch or control, or operate any operating system, conveyance system or facility, machine, equipment, appliance, plant, installation, apparatus, device, tool, system or security device referred to in Section 22.1.
22.4 No person shall:
(a) travel, or attempt to travel upon any moving platform or other automatic conveyance in a direction other than the direction in which it is moving; or
(b) sit upon any automatic conveyance for passengers or goods including the handrails thereof except in seats, if any, designated or designed for such purposes.
Section 23 – Graffiti and vandalism
23.1 No person shall deface, remove or detach, or write, paint, draw or affix any word, representation or character upon, or soil, defile, break, cut, scratch, tear, spray or damage:
(a) any Buildings, structures, walls, or other facilities in or forming part of the CPS Compound;
(b) any fixture, furniture, decoration, fittings or other property including any sign, notice or road marking in or forming part of the CPS Compound; or
(c) any machine, operating system, equipment, plant, apparatus, device or system referred to in Section 22 including the surfaces thereof.
Section 24 – Antiquities
24.1 No person shall remove or damage any of the antiquities (as defined in the Antiquities and Monuments Ordinance (Cap.53)) or supposed antiquities (as defined in the Antiquities and Monuments Ordinance (Cap.53)) or heritage items discovered within the CPS Compound. JCCPS’ determination as to whether an article or thing is subject to this Section shall be final, conclusive and binding for the purpose of these Bye-laws.
ARTICLE V – LOST PROPERTY
Section 25 – Person who finds property
25.1 Any person who finds in the CPS Compound any property which appears to have been lost or left behind or misplaced:
(a) shall forthwith hand over the property to an Authorized Person or a police officer who is in the CPS Compound; and
(b) shall not remove such property from the place it is found save for the purpose mentioned in sub-section (a).
Section 26 – Power to open packages, etc.
26.1 Where any lost property found in the CPS Compound is a package, bag or other receptacle, an Authorized Person may cause such receptacle to be opened and the contents examined, or require the person claiming it to open it and submit it and its contents for examination, for the purposes of:
(a) identifying and tracing the owner of the lost property;
(b) ascertaining the nature of the contents; and/or
(c) satisfying that the contents do not include any item which may put at risk the safety or security of the public and/or the CPS Compound or any person therein.
26.2 If any item of a nature referred to in Section 26.1(c) is found, the Authorized Person may report the matter to the police immediately.
Section 27 – Disposal of lost or misplaced property
27.1 Any lost property found in the CPS Compound which comes into the possession of JCCPS shall be dealt with as follows:
(a) as regards identification and travel documents, certificates or any other documents which JCCPS considers to be of an important or confidential nature, the Authorized Person may report the matter to the police immediately;
(b) perishable, noxious or otherwise offensive goods or articles may be disposed of by JCCPS as soon as practicable after they have come into JCCPS’ possession, whether by sale or any other means as JCCPS sees fit; and
(c) all other goods or articles shall be retained by JCCPS for a period of three (3) months after they have come into its possession and, if at the end of that period they remain unclaimed, they shall be deemed to become the property of JCCPS free of all other rights and encumbrances, and JCCPS may dispose of them by sale or any other means as JCCPS sees fit.
27.2 JCCPS shall incur no liability whatsoever to any person in respect of lost property as bailees or otherwise and no claim for damages or compensation shall be brought against it by any person in respect of the same.
ARTICLE VI – TRAFFIC
Section 28 – Vehicles
28.1 No person shall drive, bring, or cause to be driven or brought, any vehicle into the CPS Compound, except:
(a) for the drop-off or pick up of an invalid or disabled person, or otherwise with the prior consent of JCCPS; and
(b) only in designated areas and along designated routes as prescribed by JCCPS from time to time;
Provided that the above prohibition shall not apply to:
(i) a wheel chair, perambulator or similar vehicle which is propelled, drawn or carried by hand or propelled by battery used solely for the conveyance of an invalid or disabled person or an elderly or a child; or
(ii) any Emergency Vehicle.
28.2 The person in charge of a vehicle permitted to enter the CPS Compound:
(a) shall not cause the vehicle to move in the CPS Compound in a manner which will or may likely to endanger persons or property;
(b) shall comply with any speed restrictions imposed by JCCPS on the CPS Compound or (as the case may be) the relevant part thereof; and
(c) shall not wheel or station the vehicle over:
(i) any emergency vehicular access areas designated by JCCPS;
(ii) any flower-bed, shrub, plant or any ground in the course of preparation as a flower-bed or for the planting of any trees, shrubs or plants; or
(iii) any part of the CPS Compound where such wheeling or stationing is prohibited by a notice displayed thereat or the relevant Terms of Use.
28.3 A vehicle or thing (as the case may be):
(a) causing obstruction or remaining at rest in such condition or in such circumstances which will or may likely cause danger to any person in the CPS Compound; or
(b) parked in any part of the CPS Compound other than such areas designated by JCCPS for parking,
may be impounded or removed, or caused to be impounded or removed, by an Authorized Person at the risk of its owner and may be detained, stored and disposed of by JCCPS at its sole discretion. JCCPS shall be under no liability to the owner, hirer or other user of the vehicle or thing for any damage caused to such vehicle or thing in the process of or consequential upon such impounding or removal.
28.4 To exercise the power of impounding or removing a vehicle or thing under Section 28.3, an Authorized Person may fix an approved immobilization device to the vehicle.
28.5 No person shall without the consent of an Authorized Person remove, damage or interfere in any way with any approved immobilization device fitted to a vehicle under Section 28.4.
28.6 The owner of such vehicle or thing is liable to pay to JCCPS its impounding or removal and storage and disposal charges which are recoverable by JCCPS as a civil debt.
28.7 Any vehicle or thing removed under Section 28.3 may be detained by the JCCPS until it is either:
(a) returned to the owner upon his full payment of the sums owing as provided under Section 28.6; or
(b) disposed of by JCCPS.
ARTICLE VII – EVENT, EXHIBITION AND PERFORMANCE
Section 29 – General Condition
29.1 Except with the prior consent of JCCPS and upon such terms and conditions upon which such consent is granted, no person shall:
(a) conduct any event or exhibition;
(b) undertake any musical, theatrical or other performance in whatever form or manner;
(c) erect or install any structure, stand, booth, platform or exhibit for an event or performance; or
(d) require a ticket or other permit for entry to an event, exhibition or performance, in any part of the CPS Compound.
Section 30 – Limitation
30.1 When granting its permission to any person to hold an event, exhibition or performance in any part of the CPS Compound (the “Venue”), JCCPS may, at any time and for the purposes of such event, exhibition or performance, do any one or more of the following:
(a) limit the number of persons who may enter or remain on the Venue and participate in the event, exhibition or performance;
(b) impose terms and conditions of entry to the Venue;
(c) charge admission fee to the Venue; and
(d) limit admission to the Venue to persons over or under a certain age as specified by a notice prominently displayed at the entrance of the Venue.
30.2 If an Authorized Person reasonably suspects that a person participating in an event, exhibition or performance held at the CPS Compound does not meet any age requirement for admission to such event, exhibition or performance, the Authorized Person may request such person to produce proof of his age. In the absence of proof of age of any person, the age of that person as determined by the Authorized Person in his absolute discretion shall be that person’s age for the purpose of these Bye-laws.
ARTICLE VIII – ENFORCEMENTS
Section 31 – Power to expel and remove
31.1 An Authorized Person may require a person to leave the CPS Compound if:
(a) an Authorized Person reasonably believes or suspects that such person has contravened or is attempting to contravene these Bye-laws; or
(b) such person does not comply with the direction of JCCPS, the Facility Manager and/or an Authorized Person or the direction in a notice posted by JCCPS.
31.2 An Authorised Person may remove from the CPS Compound any animal, vehicle, article or thing which is in an area in contravention of these Bye-laws without incurring any liability to any person for any loss or damage however arising as a result of such removal.
Section 32 – Power to remedy
32.1 JCCPS may take any action to remedy any breach or contravention of these Bye-laws and shall have the right to recover as a civil debt from the person in breach all costs and expenses incurred in carrying out such remedial action.
Section 33 – Saving of JCCPS' rights
33.1 Nothing in these Bye-laws and any step or action taken by JCCPS or an Authorized Person shall bar any further or other claim for damages or other remedy or relief available to JCCPS against any person.
33.2 Any sum levied by or payable to JCCPS under these Bye-laws (whether by way of damages, costs, loss, expenses, charges or otherwise) shall be receivable by JCCPS or its lawful agents as a debt due on demand and shall be enforceable as a civil debt.
ARTICLE IX – MISCELLANEOUS
Section 34 – Interpretation and Amendment
34.1 These Bye-laws and the Terms of Use are subject to interpretation and application by JCCPS whose decision shall be final, conclusive and binding for the purpose of these Bye-laws.
34.2 JCCPS reserves the right to amend these Bye-laws and the Terms of Use from time to time without any prior notice. Any amendment to these Bye-laws and the Terms of Use shall take effect on and from the date as designated by JCCPS.
Section 35 – Language
35.1 These Bye-laws are drawn up in both English and Chinese languages but only the English language text is authentic and binding. The Chinese version of these Bye-laws are for reference only and do not affect the interpretation of these Bye-laws.
35.2 If there is a conflict or inconsistency between the English version and the Chinese version of these Bye-laws, the English version shall prevail.
Section 36 – Governing Law
36.1 These Bye-laws and any disputes howsoever arising directly or indirectly under or in respect of these Bye-laws shall be governed by and interpreted in accordance with the laws of Hong Kong.
