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Following is a question by the Hon Tsang Yok-sing and a written reply by the Secretary for Home Affairs, Dr Patrick Ho, in the Legislative Council today (December 20):
Question:
Given that a fatal accident has occurred in the sauna room in the clubhouse of a private housing estate, will the Government inform this Council:
(a) of the government departments to which clubhouses of private housing estates (clubhouses) should submit their applications for providing sauna rooms and the conditions with which they should comply under the existing legislation;
(b) of the Government's current regulatory measures to ensure the safety of users of sauna rooms of clubhouses; and
(c) whether it plans to step up regulating sauna rooms of clubhouses, such as conducting regular inspections, so as to avoid recurrence of serious accidents?
Reply:
Madam President,
Under the Commercial Bathhouses Regulation, Cap.132I, (the Regulation), "bathhouse" means any premises maintained for the use, on payment of a fee, of persons requiring a bath. The Regulation stipulates that no person shall open or maintain a commercial bathhouse save under and in accordance with a Commercial Bathhouse Licence granted by the Director of Food and Environmental Hygiene. The main purpose of the Regulation is to safeguard the public hygiene of commercial bathhouses.
"Sauna" is regarded as a kind of bath. Any bathhouse accepting payment solely for the provision of sauna services must submit an application for a Commercial Bathhouse Licence to the Food and Environmental Hygiene Department.
Certain premises, such as fitness centres, beauty centres and hydrotherapy centres, may also have sauna rooms or bathing facilities. However, since the provision of commercial bathhouse services is usually not the principal business of such centres, and no fees are separately charged for using such services, such centres may not necessarily apply for a Commercial Bathhouse Licence under the Regulation.
In accordance with section 2 of the Clubs (Safety of Premises) Ordinance, Cap.376 (the Ordinance), "club" means any corporation or association of persons formed for the purpose of affording its members facilities for social intercourse or recreation and which (a) provides services for its members (whether or not for the purpose of gain); and (b) has a club-house of which only its members and their accompanied guests have a right of use. "Club-house" means any premises or part thereof exclusively set aside for use permanently or temporarily by a club and its members.
Any club-house operating within the definition of the Ordinance, except those listed in the Clubs (Safety of Premises) (Exclusion) Order, must hold a valid Certificate of Compliance issued under the Ordinance. The aim of the Ordinance is to ensure that the building and fire safety as well as sanitation of clubs have met the standards as stipulated in the Ordinance. The Office of the Licensing Authority (OLA) under the Home Affairs Department is responsible for the enforcement of the Ordinance.
Upon receipt of an application for a Certificate of Compliance, OLA will issue a letter of upgrading requirements in respect of building safety, fire safety and sanitation in accordance with the standards as stipulated in the Ordinance. A Certificate of Compliance would be issued only in respect of fire and structural safety of the club, and would not carry any implications of approval for the way in which the business or activities run by the club is regulated. There is already a footnote in the Certificates of Compliance to remind the Certificate holders that the issue of the Certificate does not in any way exempt or indemnify the Certificate holders from the consequences of non-compliance with the provisions of any other enactments or from the consequences of any breach of any other regulations or laws of Hong Kong.
If sauna facilities are to be provided in the proposed club-house, OLA will ensure that means of escape will be adequately provided for according to the proposed number of people to be accommodated in the sauna room.
Ends/Wednesday, December 20, 2006
Issued at HKT 13:30
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