On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 23/07/2009.
30.
—(1) The Commissioner may, if he reasonably believes that it is necessary for preserving public order and the safety of individuals involved in the special event and other individuals and for the avoidance of disruptions to the special event, at any time during the period the declaration relating to that special event is in force, give written directions to the event organiser of the special event requiring the event organiser concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the direction or are of a description as specified therein as are necessary for preserving public order and the safety of individuals involved in the special event and other individuals and for the avoidance of disruptions to the special event.
(2) Without prejudice to the generality of subsection (1), a written direction under that subsection may require the event organiser concerned —
(a)
to alter, demolish or remove any gate, door, fence, platform, staging, hoarding or other structure which is wholly within the special event area;
(b)
to keep unblocked any stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare wholly or partly within the special event area;
(c)
to arrange for the removal of a vehicle from, or the movement of a vehicle within, the special event area;
(d)
to give access or priority of access to the public to specified kinds of facilities, amenities or services provided by the event organiser; or
(e)
to cease, either wholly or to the extent specified in the direction, any activity on the special event area or part thereof.
(3) The manner in which that access, or priority of access, is to be given shall be set out in the direction under subsection (1).
(4) The terms and conditions on which that access, or priority of access, is to be given shall be set out in the direction under subsection (1).
(5) An event organiser who, without reasonable excuse, fails to comply with any written direction given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
(6) Notwithstanding subsection (5), no event organiser shall, by virtue of this section, be guilty of an offence of failing to comply with a written direction containing requirements mentioned in subsection (2)(a) or (b) if the event organiser —
(a)
is not the owner of the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, mentioned in the direction at the relevant time relating to the offence concerned; and
(b)
within 7 days after service on him of a notice alleging that he has been guilty of the offence, furnishes by declaration to the Commissioner, the name and address of the person who is the owner of the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, as the case may be.
(7) Upon receipt of a declaration under subsection (6), the Commissioner may, with the approval of the Minister, during the period a declaration relating to that special event is in force, give another written direction in writing requiring the person named in the declaration under subsection (6) as the owner of —
(a)
the gate, door, fence, platform, staging, hoarding or other structure; or
(b)
the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare,
specified in the written direction to the event organiser (referred to as the original direction) requiring that owner to do, or not to do, such things as are specified in the original direction or are of a description as specified therein as necessary for preserving public order and the safety of individuals involved in the special event and other individuals and for the avoidance of disruptions to the special event.
(8) If, after the expiration of 7 days from the date of the written direction under subsection (7), the owner to whom the written direction is given fails, without reasonable excuse, to comply with the written direction, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
(9) In subsections (6), (7) and (8), “owner”, in relation to any gate, door, fence, platform, staging, hoarding or other structure, or stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, in any premises means —
(a)
except as otherwise provided in paragraph (b) or (c) — the person for the time being receiving the rent of the premises, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the premises were let to a tenant and includes a mortgagee in possession;
(b)
where the gate, door fence, platform, staging, hoarding or structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, is part of any common property or limited common property within the meaning of the Building Maintenance and Strata Management Act (Cap. 30C) —
(i)
the management corporation established under that Act having control of the common property if comprised in a strata title plan, or the person receiving any rent or charge for the maintenance of that common property;
(ii)
the subsidiary management corporation established under that Act having control of the limited common property if comprised in a strata title plan, or the person receiving any rent or charge for the maintenance of that limited common property; or
(iii)
the person receiving any rent or charge for the maintenance and management of the common property not comprised in a strata title plan; and
(c)
where the gate, door fence, platform, staging, hoarding or structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, is part of the common property of any housing estate of the Housing and Development Board — that Board or the Town Council established under the Town Councils Act (Cap. 329A) for that housing estate.