Museums Regulation
[11 February 1983]
(Format changes—E.R. 2 of 2020)
(Repealed 78 of 1999 s. 7)
(Repealed 78 of 1999 s. 7)
In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7)
curator (館長) means the curator of a museum; Director (署長) means the Director of Leisure and Cultural Services; (78 of 1999 s. 7) Head of Museum (博物館主管) means the curator, manager or any other person appointed by the Director as a Head of Museum; (78 of 1999 s. 7) manager (經理) means the manager of a museum; member of the staff (職員) means a Head of Museum, curator, assistant curator, manager and any person appointed by the Director to assist a Head of Museum. (78 of 1999 s. 7)Subject to the directions of the Director, a Head of Museum shall administer a museum.
A museum shall be open to the public on such days and during such hours as may be determined from time to time by the Director. (10 of 1986 s. 32(2); 78 of 1999 s. 7)
Notice in the English and Chinese languages, stating the days on which and the hours during which a museum shall be open to the public shall be posted in a conspicuous place in the museum or at the entrances thereto.
A Head of Museum may at any time and without notice close temporarily a museum or any part thereof for all or any purposes for such reason as he thinks fit.
A member of the staff may refuse entry into a museum to any person, or require any person to leave a museum or any part thereof—
who in his opinion has caused or is likely to cause a nuisance;
whom he has reason to believe has committed or is about to commit any offence punishable under this Regulation;
whom he has reason to believe has used or is about to use any part of a museum for a purpose for which it is not intended; or
who refuses to obey any reasonable direction given to him by a member of the staff in furtherance of the proper management of a museum. (L.N. 265 of 1991)
(Repealed L.N. 265 of 1991)
A member of the staff may refuse entry or re-entry into a museum or any part thereof to any person whilst any exhibition or performance therein is in progress.
A person who enters a museum or any part thereof when he is refused entry under subsection (1) commits an offence and may, in addition to any penalty to which he may become liable, forthwith be removed from the museum or any part thereof at the discretion of a member of the staff. (L.N. 265 of 1991)
A person who refuses to leave a museum or any part thereof when required to do so under subsection (1) commits an offence and may, in addition to any penalty to which he may become liable, forthwith be removed from the museum or any part thereof at the discretion of a member of the staff. (L.N. 265 of 1991)
(Repealed L.N. 265 of 1991)
Subject to subsection (2) and sections 12 and 13, every person carrying an umbrella, walking stick, cane or any article which in the opinion of a member of the staff may cause annoyance or inconvenience to other users of a museum, or a bag, suitcase or other similar receptacle, shall on entering a museum, deposit it forthwith in a cloakroom provided for that purpose. (10 of 1986 s. 32(2))
Subsection (1) shall not apply in any case where it appears to a member of the staff that the assistance of a walking stick or cane is required for use by a person suffering from a physical disability.
A member of the staff may refuse to accept for deposit in a cloakroom of a museum any article referred to in subsection (1) if it appears to him that such article is inappropriate for deposit in the cloakroom.
An official receipt token shall be given by a member of the staff to every person depositing an article in a cloakroom of a museum.
A member of the staff may refuse to return any article deposited in a cloakroom of a museum if the person claiming the article is unable to produce the official receipt token given to the depositor when the article was deposited.
(Repealed 78 of 1999 s. 7)
If any article, which is deposited in a cloakroom of a museum, is not claimed by the depositor thereof within 1 month after it was so deposited, it may be sold or otherwise disposed of in such manner as a Head of Museum thinks fit.
The proceeds of sale of any article under subsection (7) shall be forfeited to the Government. (10 of 1986 s. 32(2))
No person shall copy or photograph in any manner whatsoever any exhibit displayed in a museum except in accordance with a permit granted by a Head of Museum.
No person shall borrow any exhibit from a museum except in accordance with a permit granted by the Director.
A permit granted under subsection (1) or (2) shall be in such form and subject to such conditions as may be specified by a Head of Museum or the Director, as the case may be.
No person shall wilfully write upon, mark, soil or otherwise damage in any way whatever or destroy any wall, door, furniture, fitting or other thing in a museum, or any exhibit.
A member of the staff may take all reasonable steps to prevent any person from doing any act which, in his opinion, causes or is likely to cause damage to or destruction of any part of a museum, any furniture, fitting or other thing therein, or any exhibit.
In addition to any penalty to which he may become liable for a contravention of section 10(1), any person who writes upon, marks, soils or otherwise damages in any way whatever or destroys any wall, door, furniture, fitting or other thing in a museum shall be liable to pay such sum of money as a Head of Museum considers necessary for the repair or replacement thereof, and in addition to such sum the person may be required to pay a surcharge amounting to 20 per cent of such sum.
In addition to any penalty to which he may become liable for a contravention of section 10(1), any person who writes upon, marks, soils or otherwise damages in any way whatever or destroys any exhibit shall be liable to pay such sum of money as the Director considers necessary for the repair or replacement thereof, and in addition to such sum the person may be required to pay a surcharge amounting to 20 per cent of such sum.
Except with the permission of a Head of Museum, no person shall—
introduce any animal into a museum; (L.N. 265 of 1991)
smoke or make use of any naked light in any part of a museum; (L.N. 265 of 1991)
enter any part of a museum which is closed to the public;
handle, disturb or otherwise interfere with any exhibit;
take or consume any food or drink within a museum otherwise than in any part thereof set apart for such purpose;
bring, or cause to be brought, into a museum any wheeled vehicle or other form of conveyance, or permit any such vehicle or conveyance to remain in a museum, except where such vehicle or conveyance is required for use by a person suffering from a physical disability;
use in a museum any radio apparatus, record, tape or cassette player, musical instrument or other apparatus which emits sound, or any type of wireless equipment or transmitter the operation of which causes or is likely to cause a disturbance within a museum, or otherwise cause a disturbance within a museum;
use any flash-light or other lighting apparatus within any part of a museum open to the public; or
film in any part of a museum. (L.N. 265 of 1991)
No person shall, in a museum—
erect any post, rail, fence, pole, tent, booth, stand, building or other structure, or bring or allow to remain any materials for such a building or structure, or any display material, except with the written permission of a Head of Museum and subject to such conditions as he may impose; or
sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any refreshment, commodity or article, unless, in pursuance of any agreement with the Director, such person is authorized to sell or let to hire in the museum such refreshment, commodity or article.
Any post, rail, fence, pole, tent, booth, stand, building or other structure or any building materials for such booth, stand, building or other structure, or any display material, which is brought into or remains in a museum without the permission in writing of a Head of Museum or contrary to any conditions imposed by a Head of Museum, may be removed by a Head of Museum and, if unclaimed after a period of 7 days, may be sold and the owner thereof shall be liable for any costs of removal, storage and sale which costs may be recovered from the owner by the Director.
When anything is sold by a Head of Museum under subsection (2), the proceeds of sale, after deduction therefrom of any costs of removal, storage and sale, shall be payable to the owner and if no claim therefor is made by the owner within 3 months after the date of sale, the sale proceeds, after deduction therefrom of any such costs, shall be forfeited to the Government.
No person shall wilfully obstruct any member of the staff in the lawful performance of his duty or wilfully obstruct, disturb, interrupt or annoy any other person in the lawful use of a museum or of any of the facilities provided therein.
Any person aggrieved by any decision, direction or requirement made or given by a member of the staff may appeal in writing therefrom to the Director.
After considering representations made to it on an appeal under subsection (1), the Director may confirm, vary or set aside any such decision, direction or requirement.
Any person who—
contravenes section 8(1), 9(1) or 12(a), (b), (d), (e), (f), (g), (h) or (i) commits an offence and is liable to a fine at level 1; (L.N. 265 of 1991)
contravenes section 6(4) or (5) or 12(c) commits an offence and is liable to a fine at level 2; (L.N. 265 of 1991; E.R. 2 of 2020)
contravenes section 9(2), 10(1), 13(1) or 14 commits an offence and is liable to a fine at level 2 and to imprisonment for 1 month. (L.N. 265 of 1991)
Any sum which becomes due under the provisions of this Regulation shall be recoverable as a debt due to the Government.
Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offences, a prosecution for any offence under this Regulation may be brought in the name of the Director.