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LCQ11: Video game rooms in clubhouses of private housing estates
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    Following is a question by the Hon Choy So-yuk and a written reply by the Secretary for Home Affairs, Mr Tsang Tak-sing, in the Legislative Council today (March 5):

Question:

    A property management company has pointed out that the Police had earlier conducted inspections at video game rooms in clubhouses of private housing estates in various districts, and said that such clubhouses must apply for a license for amusement game centre (AGC) from the Television and Entertainment Licensing Authority, and could continue to use video game machines only after they had been granted the licence.  The company has also pointed out that the approval criteria adopted by the authorities for AGC licence applications are very stringent.  For example, AGCs can only be located in commercial buildings and properties for commercial purposes, and cannot be established within a radius of 100 metres from an educational institution.  Therefore, most of the video game rooms in clubhouses of housing estates can hardly meet the licensing conditions.  In this connection, will the Government inform this Council:

(a) whether it knows the current total number of housing estates in Hong Kong the clubhouses of which are provided with video game rooms, and the number of video game machines involved; and among such housing estates, the number of those the clubhouses of which are granted with an AGC licence;

(b) given that the facilities in clubhouses of housing estates are provided exclusively for use by resident card holders as well as their relatives and friends, and are not open to the public, and the video game machines in the clubhouses are provided for use free of charge, why the video game rooms in such clubhouses are subject to the same set of licensing conditions as other commercial AGCs; and

(c) given that the video game rooms in the above clubhouses are clearly shown in the building plans and deeds of mutual covenant of the housing estates concerned, why the various relevant government departments, knowing that the surrounding land usage and the geographical context of such facilities do not comply with the relevant licensing conditions, still approved the relevant plans and legal documents?

Reply:

Madam President,

    The Administration・s reply to the respective parts of the question is set out below:

(a) As at January 31, 2008, among the licensed amusement game centres, one is located in the clubhouse of a residential estate involving five amusement games machine.  The Television and Entertainment Licensing Authority (TELA) do not have statistical data on the number of residential estates the clubhouses of which are provided with video game rooms.

(b) Under the Amusement Game Centres Ordinance (Cap. 435), an amusement game centre (AGC) means any place in which any machine or device is installed or placed for use or operation for the purpose, in whole or in part, of amusement, recreation or entertainment on payment directly or indirectly of any consideration in money or money's worth.  The person-in-charge of the AGC concerned shall apply a valid licence for the purpose of operating, keeping, managing or controlling the AGC.  The Ordinance does not differentiate or make special provisions for different types of AGC (e.g. AGC operating on a commercial basis for use by the public on payment and AGC in clubhouses of private residential estates for use by residents free of charge).

      The Government has noted that clubhouses of residential estates providing amusement games machine become more and more common in recent years and the mode of operation of such AGC, as well as the number of amusement games machine installed therein, are quite different from ordinary AGC operating on a commercial basis for use by the public on payment.  The Government has reviewed the situation and decided that, if the facilities in clubhouses of residential estates are provided exclusively for use by resident card holders as well as their relatives and friends, and are not open to the public, and the amusement game machines in the clubhouses are provided for use free of charge, the owners・ corporation or owners・ committee of the residential estate may apply to the Government for a licence exemption for the concerned premises.  If the residential estate concerned does not have an owners・ corporation or an owners・ committee, the management company concerned may also apply.  When considering the application, the Government would ensure that the provision of amusement game machines in the clubhouses of the residential estates concerned would not cause nuisance or public safety problems.  If the application is approved, the applicant is required to take appropriate measures to ensure that the concerned amusement game facilities comply with the conditions of exemption, including that the concerned facilities do not cause nuisance or public safety problems, and that no amusement game machines containing games in breach of the Gambling Ordinance (Cap. 148) or the Control of Obscene and Indecent Articles Ordinance (Cap. 390) are to be installed.

(c) The Buildings Ordinance (Cap. 123) provides for the planning, design and construction of buildings and building works, in particular structural and fire safety and health standards, provided for in its allied regulations.  For plans submitted for approval under the Buildings Ordinance, the Buildings Department will process such plans in accordance with the provisions of the Buildings Ordinance and to ensure that the proposed building complies with these standards.  The Buildings Department cannot and would not take into account any matters not relating to the planning, design and construction of the proposed building itself, when processing application for approval of building plans under the Buildings Ordinance.  It should be noted that by virtue of section 14(2) of the Buildings Ordinance, neither the approval of any plans nor the consent to the commencement of any building works shall be deemed to act as a waiver of any term in any lease or licence, or to grant any exemption from or to permit any contravention of any of the provisions of any other enactment.  Similarly, in processing a proposed Deed of Mutual Covenant (DMC), the Legal Advisory and Conveyancing Office (LACO) will check that it complies with the Building Management Ordinance (Cap. 344), the land grant conditions governing the development and LACO・s DMC Guidelines.  The approval of a DMC should not be considered as a warrant that any other approvals required by statue or otherwise will be given by the Government or other relevant authorities.

Ends/Wednesday, March 5, 2008
Issued at HKT 12:25

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