Hong Kong Gambling Ordinance 148

12 December 2000

GAMBLING ORDINANCE
Chapter 148

PART I

PRELIMINARY

This Ordinance may be cited as the Gambling Ordinance.

Remarks:

Adaptation amendments retroactively made - see 29 of 1998 s. 105

In this Ordinance, unless the context otherwise requires-

"betting slip" ( includes the whole or any part of a document or thing, or a copy or other reproduction of the whole or any part of a document or thing, which, either alone or in conjunction or combination with-

(a) any other document or thing or a copy or other reproduction of any other document or thing; or

(b) part of any document or thing or a copy or other reproduction of part of any document or thing, evidences the soliciting, receiving, negotiating or settling of a bet; (Added 53 of 1981 s. 2. Amended 42 of 1990 s. 2)

"bookmaking" means the soliciting, receiving, negotiating or settling of a bet by way of trade or business whether personally or by letter, telephone, telegram or by any other means; (Amended 42 of 1990 s. 2)

"contract for differences" means an agreement the purpose or effect of which is to obtain a profit or avoid a loss by reference to fluctuations in the value or price of property of any description or in an index or other factor designated for that purpose in the agreement; (Added 84 of 1993 s. 2)

"gambling" includes gaming, betting and bookmaking;

"gambling equipment" includes playing cards, dice, balls, counters, dominoes, tiles, betting slips, lottery tickets, and any other thing which is devised or used or maintained in or for the purposes of or in connection with gambling or the operation of a gambling establishment;

"gambling establishment" includes any premises or place, whether or not the public or a section of the public is entitled or permitted to have access thereto, opened, kept or used, whether on one occasion or more than one occasion, for the purposes of or in connection with unlawful gambling or an unlawful lottery; (Amended L.N. 184 of 1992)

"game" means a game of chance and a game of chance and skill combined and a pretended game of chance or chance and skill combined, and also means any game whatever in which-

(a) a bank is kept by one or more of the players exclusively of the others; or

(b) the chances of the game are not equally favourable to all the players, including among the players, the banker or other person by whom the game is managed or against whom the players stake, play or bet;

(c) "gaming" means the playing of or at any game for winnings in money or other property whether or not any person playing the game is at risk of losing any money or other property;

"lottery" includes-

(a) a raffle;

(b) a sweepstake;

(d) hung piu;

(e) po piu;

(f) any competition for money or other property success in which-

(i) involves guessing or estimating the results of future events, or of past events the results of which are not generally known; or

(ii) does not depend to a substantial degree upon the exercise of skill by the competitors; and

(g) any game, method, device or scheme for distributing or allotting prizes by lot or chance, whether promoted, conducted or managed in or outside Hong Kong; (Amended 38 of 1994 s. 2)

"owner" in relation to premises means any person holding the premises direct from the Government, whether under lease, licence or otherwise, any mortgagee in possession and any person receiving the rent of the premises, solely or with another and on his behalf or that of any person or who would receive the same if such premises were let to a tenant, and, where such owner as above defined cannot be found or ascertained or is absent from Hong Kong or is under disability, also means the agent of such owner; (Amended 29 of 1998 s. 105)

"place" includes any ship, aircraft or vehicle, and any spot on land or water;

"private gain" does not include the private gain of any charitable institution or trust of a public character exempt from tax under section 88 of the Inland Revenue Ordinance (Cap 112);

"private premises" means premises to which the public have access (whether on payment or otherwise) only by permission of the owner, tenant or occupier of the premises;

"racing club" means any club, association or other body of persons established for the purpose of promoting and conducting bets on totalizators or pari-mutuels and for the purpose of promoting cash-sweeps under the authority of the Betting Duty Ordinance (Cap 108);

"racing club premises" means any land or premises used by a racing club for or in connection with the purposes of a racing club;

"tape recording" means any tape, disc, sound track or other device in which sounds are embodied so as to be capable with or without the aid of some other equipment of being reproduced therefrom;

"tenant" includes sub-tenant and "tenancy" includes sub-tenancy;

"ticket", in relation to a lottery or proposed lottery, includes the whole or any part of a document or thing, or a copy or other reproduction of the whole or any part of a document or thing, which, either alone or in conjunction or combination with-

(a) any other document or thing or a copy or other reproduction of any other document or thing; or

(b) part of any document or thing or a copy or other reproduction of part of any document or thing, evidences the claim of any person to participate in the lottery;

"trade promotion competition" means a competition or other scheme promoted, conducted or managed for the purpose of promoting a trade or business or the sale of any product;

"Unified Exchange" has the same meaning as in the Stock Exchanges Unification Ordinance (Cap 361). (Added 84 of 1993 s. 2)

(Amended L.N. 110 of 1980)

PART II

GAMBLING AND LOTTERIES UNLAWFUL

(1)Save as provided in subsections (2), (3), (4), (5), (6), (7) and (8), gambling is unlawful.

(2)Gaming is lawful if the game is played on a social occasion in private premises and is not promoted or conducted by way of trade or business or for the private gain of any person otherwise than to the extent of a person's winnings as a player of or at the game.

(3)Gaming is lawful if the game is one in which dice, dominoes, mahjong or tin kau tiles, or playing cards are used and-

(a) the game is played on a social occasion in-

(i) premises licensed as a restaurant under the Public Health and Municipal Services Ordinance (Cap 132); (Amended 10 of 1986 s. 32(1))

(ii) premises where intoxicating liquor is sold pursuant to a licence or other authorization granted under any Ordinance; or

(iii) a club-house in respect of which either of the conditions indicated in section 4(2) of the Clubs (Safety of Premises) Ordinance (Cap 376) has been satisfied; (Replaced 38 of 1994 s. 3)

(a)a fee is not charged for admission to such premises;

(b) the game is not played by any person in charge of, managing or involved in the operation of the premises or the club-house or employed at the premises or the club-house;

(a) the game does not involve playing against a bank kept by one or more of the players exclusively of the others; and

(b) the game is not promoted or conducted by way of trade or business, or for the private gain of any person otherwise than to the extent of a person's winnings as a player of or at the game.

Gaming is lawful if the game is one in which mahjong or tin kau tiles are used and-

(i) premises licensed as a restaurant under the Public Health and Municipal Services Ordinance (Cap 132); or

(ii) a club-house in respect of which either of the conditions indicated in section 4(2) of the Clubs (Safety of Premises) Ordinance (Cap 376) has been satisfied;

(a) a fee is not charged for admission to the premises;

(ba) the game is not played by any person in charge of, managing or involved in the operation of the premises or the club-house or employed at the premises or the club-house; (Added 38 of 1994 s. 3)

(a)the game does not involve playing against a bank kept by one or more of the players exclusively of the others; and (Amended 38 of 1994 s. 3)

(b)the game is not promoted or conducted by way of trade or business in the premises, otherwise than to the extent of the charging of a fee not exceeding the prescribed amount for the hire of any set of tiles, or for the private gain of any person otherwise than to the extent of a person's winnings as a player of or at the game.

(1)Gaming is lawful if the game is-

(a) a game of amusement with prizes;

(b)a game of tombola; or

(c)a trade promotion competition, the organization and conduct of which is authorized by licence under section 22.

(1)Gaming is lawful if-

(a) the game is one in which mahjong or tin kau tiles are used; and

(b) it is played in premises licensed for the purpose under section 22.

(2)Betting is lawful if the bet is made between persons none of whom is thereby committing an offence under section 7.

(3) Gambling is lawful to the extent that it is authorized by or under the Broadcasting Ordinance (Cap 562) or the Betting Duty Ordinance (Cap 108). (48 of 2000 s. 44)

Lotteries are unlawful:

(1) Save as provided in subsections (2) and (3) lotteries are unlawful.

(2) Lotteries are lawful if they are authorized by or under the Betting Duty Ordinance (Cap 108), the Government Lotteries Ordinance (Cap 334) or a licence granted under section 22.

(3) It is lawful to participate in the chances of a lawful lottery.

PART III
OFFENCES RELATING TO GAMBLING AND LOTTERIES

Any person who on any occasion-

(a)operates a gambling establishment;

(b)manages or otherwise has control of a gambling establishment; or

(c)in any capacity assists, either directly or indirectly, in the operation or in the management or other control of a gambling establishment, commits an offence and is liable-

(i) on summary conviction to a fine of $5000000 and to imprisonment for 2 years; or

(ii) on conviction on indictment to a fine of $5000000 and to imprisonment for 7 years.

Gambling in a gambling establishment:

Any person who gambles in a gambling establishment commits an offence and is liable-

(a) on first conviction to a fine of $10000 and to imprisonment for 3 months;

(b) on second conviction to a fine of $20000 and to imprisonment for 6 months;

Bookmaking:

(1) Any person who- (Amended 53 of 1981 s. 4)

(a) engages in bookmaking, whether on one occasion or more than one occasion;

(b)holds out in any manner that he solicits, receives, negotiates or settles bets by way of trade or business; or

(c)in any capacity assists, either directly or indirectly, another person in bookmaking, commits an offence and is liable-

(i) on summary conviction to a fine of $5000000 and to imprisonment for 2 years; or

(ii) on conviction on indictment to a fine of $5000000 and to imprisonment for 7 years.

(2) No prosecution shall be instituted under subsection (1)(c) without the consent of the Secretary for Justice but if on the trial of any person for an offence under subsection (1)(a) or (1)(b), it is not proved that the accused is guilty of an offence under either one of those subsections but it is proved that the accused is guilty of an offence under subsection (1)(c), the accused may, notwithstanding the absence of consent of the Secretary for Justice to the institution of a prosecution under subsection (1)(c), be convicted of an offence under subsection (1)(c) and dealt with accordingly. (Added 53 of 1981 s. 4. Amended L.N. 362 of 1997)

Betting with a bookmaker:

Any person who bets with a bookmaker commits an offence and is liable-

(a)on first conviction to a fine of $10000 and to imprisonment for 3 months;

(b) on second conviction to a fine of $20000 and to imprisonment for 6 months;

Promoters of lotteries:

Any person who-

(a)promotes, organizes, conducts or manages, or otherwise has control of, an unlawful lottery; or

(b)in any capacity assists, either directly or indirectly, in the promotion, organization, conduct, management or other control of an unlawful lottery, commits an offence and is liable-

(i) on summary conviction to a fine of $5000000 and to imprisonment for 2 years; or

(ii) on conviction on indictment to a fine of $5000000 and to imprisonment for 7 years.

Selling lottery tickets:

Any person who-

(a) sells or otherwise disposes of a ticket relating to an unlawful lottery;

(b) has in his possession a lottery ticket relating to an unlawful lottery with a view to its sale or other disposal,

commits an offence and is liable on conviction to a fine of $500000 and to imprisonment for 2 years.

Buying lottery tickets:

(1) Any person who has in his possession a ticket relating to an unlawful lottery commits an offence and is liable-

(a) on first conviction to a fine of $10000 and to imprisonment for 3 months;

(b) on second conviction to a fine of $20000 and to imprisonment for 6 months;

(2) In this section, "lottery" does not include a lottery promoted, conducted or managed outside Hong Kong. (Added 38 of 1994 s. 4)

Publications as to lotteries:

(1) Any person who in any manner-

(a) writes, prints or publishes, or causes to be written, printed or published-

(i) any ticket relating to an unlawful lottery; or

(ii) a list of prizes in an unlawful lottery; or

(b) provides or publishes, or causes to be provided or published, expressly or otherwise-

(i) any tip, hint or forecast relating to the result of an unlawful lottery; or

(ii) any announcement of the result of an unlawful lottery, commits an offence and is liable on conviction to a fine of $50000 and to imprisonment for 2 years. (Amended 38 of 1994 s. 5)

(2) In this section, "write, print or publish" and "provide or publish" does not include the advertising of a lottery promoted, conducted or managed outside Hong Kong in an internationally circulated newspaper, magazine, journal or periodical which is not printed or produced in Hong Kong. (Added 38 of 1994 s. 5)

Gambling in any place not being a gambling establishment or in a street:

1) Any person who-

(a) operates or manages or otherwise controls unlawful gambling; or

(b) in any capacity, either directly or indirectly, assists another person in the operation, management or other control of unlawful gambling, in any place whatsoever (not being a gambling establishment) whether or not the public have or are permitted to have access thereto, or in any street, commits an offence and is liable on conviction to a fine of $50000 and to imprisonment for 2 years.

(2) Any person who gambles unlawfully in any such place or in any street commits an offence and is liable-

(a) on first conviction to a fine of $10000 and to imprisonment for 3 months;

(b) on second conviction to a fine of $20000 and to imprisonment for 6 months;

Providing money for unlawful gambling or an unlawful lottery:

Any person who provides any money or other property to any other person knowing that it is to be used by any person in or for or in connection with unlawful gambling or an unlawful lottery commits an offence and is liable-

(a) on summary conviction to a fine of $500000 and to imprisonment for 2 years; or

(b) on conviction on indictment to a fine of $500000 and to imprisonment for 7 years.

Responsibility of owners, tenants, etc.

(1) No person shall-

(a) being the owner, tenant, occupier or person in charge of any premises or place, knowingly permit or suffer such premises or place or any part thereof to be opened, kept or used as a gambling establishment; or

(b) let or agree to let, whether as principal or agent, any premises or place knowing that such premises or place or any part thereof are or is to be opened, kept or used as a gambling establishment.

(2) Any person who contravenes subsection (1) commits an offence and is liable-

(a) on summary conviction to a fine of $500000 and to imprisonment for 2 years; or

(b) on conviction on indictment to a fine of $500000 and to imprisonment for 7 years.

Cheating at gambling:

(1) Any person who-

(a) by any fraud, misleading device or false practice, before or after or in the course of or in connection with gambling or a lottery, wins from another person, for himself or for any other person ascertained or unascertained, any money or other property; or

(b) fraudulently or by any deception whatsoever by words or conduct, including a deception relating to the past, the present or the future and a deception as to the intentions or opinions of any person, directly or indirectly persuades, incites or induces another person to take part in gambling or a lottery, commits an offence and is liable on conviction on indictment to a fine of $1000000 and to imprisonment for 10 years.

(2) Notwithstanding any rule of law or practice to the contrary, a witness shall not in any proceedings under this section be regarded as an accomplice by reason only of his having taken part in the gambling or the lottery.

Proof of gaming for money not necessary and credit betting no defence:

PART IV
PROOF OF OFFENCES

In any proceedings under this Ordinance-

(a) it shall not be necessary to prove that the gambling or the lottery involved any money or other property or any wager or stake;

(b) it shall not be a defence to show that any money or other property, or any wager or stake, was not to be collected or was not payable or to be delivered until after the gambling or the drawing of the lottery to which such money or other property or the wager or stake related.

Burden of proof that gambling or lottery lawful:

In any proceedings for an offence under section 5, 7, 9 or 10, the burden of proving that any gambling was lawful by virtue of section 3 or that any lottery was lawful by virtue of section 4, shall be on the defendant.

Presumptions:

1) Where in any proceedings under this Ordinance it is proved that-

(a) the entry of a police officer to any premises or place under section 23(2)(a) was prevented, obstructed or delayed;

(b) any premises or place entered under section 23(2)(a) were or was provided with any means for concealing, removing or destroying gambling equipment;

(c) gambling equipment was found in any premises or place entered under section 23(2)(a) or on any person found in any such premises or place, it shall be presumed until the contrary is proved that the premises or place are or is a gambling establishment.

(2) Where in any proceedings under section 6 it is proved that a person was found in a gambling establishment or that a person escaped from a gambling establishment on the occasion of its being entered under section 23(2)(a), such person shall until the contrary is proved be presumed to have been gambling therein.

(3) For the purposes of any proceedings under section 7(1)(c) any person who is proved to have had in his possession one or more than one betting slip shall, until the contrary is proved, be presumed to have been assisting another person in bookmaking. (Added 53 of 1981 s. 3)

(4) If in any proceedings under this Ordinance it is proved that any money was found in any premises or place or was found on any person in such premises or place on the occasion of its being entered under section 23(2)(a) where entry was prevented, obstructed or delayed, it shall be presumed, until the contrary is proved, that such money has been used in or for or in connection with unlawful gambling. (Added 53 of 1981 s. 3)

Admissibility of evidence:

(1) Where in any proceedings under this Ordinance a court is satisfied that a tape recording machine or a tape recording was used in or in connexion with the commission of an offence under section 7, then a tape recording produced by that machine or the tape recording, as the case may be, shall be admissible in evidence and shall be prima facie evidence of any matter recorded thereon.

(2) In any proceedings under this Ordinance a report in a newspaper circulating in Hong Kong that a particular horse, pony or dog is or was entered as a participant in a particular race, whether or not the race is to be or was held in Hong Kong, shall be admissible in evidence and shall be prima facie evidence that the horse, pony or dog was so entered.

(3) If in any proceedings under this Ordinance a court is satisfied that by experience or otherwise a police officer has expert knowledge of any practice or device used in or for the purpose of the commission of any offence under the Ordinance, the court may receive evidence from that police officer as to the nature, effect or purpose of the practice or device.

Disconnexion of telephone service:

Remarks:

Adaptation amendments retroactively made - see 25 of 1998 s. 2

PART V
MISCELLANEOUS

(1) Where a person is convicted of an offence under section 5, 7 or 8 the court may in addition to any penalty imposed for the offence make an order, which shall continue in force for such period not exceeding 12 months as the court may specify- (Amended 42 of 1990 s. 10)

(a) requiring the Hong Kong Telephone Company Limited to disconnect any telephone service provided to such premises used in or in connexion with the commission of that offence as may be specified in the order;

(b) requiring the Hong Kong Telephone Company Limited to disconnect any other telephone service provided to the defendant;

(c) prohibiting the Hong Kong Telephone Company Limited from providing to the defendant any further telephone service while the order is in force.

(2) The Registrar of the High Court shall notify the Hong Kong Telephone Company Limited of the making of an order under subsection (1) and the Company shall take such steps as may be necessary to give effect to it. (Amended 25 of 1998 s. 2)

(3) An order under subsection (1) shall have effect notwithstanding that the defendant is not the subscriber to the telephone service or a party to the agreement with the Company.