PART 4 CARRYING ON BUSINESS IN
ESTABLISHMENT FOR MASSAGE |
| Warning about arrival of inspecting officer |
13.—(1) A licensee of an establishment for massage must not warn any individual employed by the licensee to work in the establishment for massage, or any other person in the establishment for massage, that any inspecting officer has arrived, or is about to arrive, at the establishment for massage.| (2) A licensee of an establishment for massage must ensure that every employee of the licensee must not, in the course of the individual’s employment at the establishment for massage, warn any other employee, or any other person in the establishment for massage, that any inspecting officer has arrived, or is about to arrive, at the establishment for massage. |
| (3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
(4) For the purposes of paragraph (3), a person is a repeat offender in relation to an offence under that paragraph if the person who is convicted of — | (a) | an offence under paragraph (3) for contravening paragraph (1) has been convicted on at least one earlier occasion of an offence under paragraph (3) for contravening paragraph (1); or | | (b) | an offence under paragraph (3) for contravening paragraph (2) has been convicted on at least one earlier occasion of an offence under paragraph (3) for contravening paragraph (2). |
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14.—(1) Before providing any massage services to any individual seeking massage in an establishment for massage, the licensee of the establishment for massage must require the individual to furnish the following particulars to the licensee:| (a) | the individual’s full name; | | (b) | the individual’s identity card number or the particulars of the individual’s passport or other travel document; | | (c) | the individual’s nationality; | | (d) | the date and time of the individual’s arrival at the establishment for massage for the massage service. |
| (2) The licensee must immediately enter or cause to be entered in a register the particulars furnished under paragraph (1). |
| (3) The licensee must immediately enter or cause to be entered in a register the date and time when the individual whose particulars are entered under paragraph (2) leaves the establishment for massage. |
| (4) The licensee must keep the register for at least one year after the date of the final entry in the register. |
| (5) The licensee must not enter or cause to be entered in the register any individual’s particulars which the licensee knows or has reason to believe is false. |
| (6) Any person who contravenes paragraph (1), (2), (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
(7) For the purposes of paragraph (6), a person is a repeat offender in relation to an offence under that paragraph if the person who is convicted of — | (a) | an offence under paragraph (6) for contravening paragraph (1) has been convicted on at least one other earlier occasion of — | (i) | an offence under paragraph (6) for contravening paragraph (1); or | | (ii) | an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(1) of the revoked Rules, whether the conviction was before, on or after 1 March 2018; |
| | (b) | an offence under paragraph (6) for contravening paragraph (2) has been convicted on at least one other earlier occasion of — | (i) | an offence under paragraph (6) for contravening paragraph (2); or | | (ii) | an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(2) of the revoked Rules, whether the conviction was before, on or after 1 March 2018; |
| | (c) | an offence under paragraph (6) for contravening paragraph (3) has been convicted on at least one other earlier occasion of — | (i) | an offence under paragraph (6) for contravening paragraph (3); or | | (ii) | an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(3) of the revoked Rules, whether the conviction was before, on or after 1 March 2018; |
| | (d) | an offence under paragraph (6) for contravening paragraph (4) has been convicted on at least one other earlier occasion of — | (i) | an offence under paragraph (6) for contravening paragraph (4); or | | (ii) | an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(4) of the revoked Rules, whether the conviction was before, on or after 1 March 2018; or |
| | (e) | an offence under paragraph (6) for contravening paragraph (5) has been convicted on at least one other earlier occasion of — | (i) | an offence under paragraph (6) for contravening paragraph (5); or | | (ii) | an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(5) of the revoked Rules, whether the conviction was before, on or after 1 March 2018. |
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| Notification of change of name of establishment for massage |
15.—(1) A licensee of an establishment for massage must notify the Licensing Officer before any change in the name of the establishment for massage takes effect. | (2) Any person who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Notification of change of responsible officers, etc. |
16.—(1) A licensee of an establishment for massage must notify the Licensing Officer no later than 7 days after any change in the identity of the following: | (a) | any responsible officer specified in the licence application for that establishment; | | (b) | any person having substantial interest in, or control or direction over, the business of the licensee. |
| (2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
(3) For the purposes of paragraph (2), a person is a repeat offender in relation to an offence under that paragraph if the person who is convicted of the offence has been convicted on at least one other earlier occasion of — | (a) | an offence under paragraph (2); or | | (b) | an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 11 of the revoked Rules, whether the conviction was before, on or after 1 March 2018. |
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17.—(1) A licensee of an establishment for massage must notify the Licensing Officer at least 7 days before the date on which the licensee ceases to carry on the business of providing massage services at the establishment for massage. | (2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
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