General Conditions for Use of Non-fee Charging Recreation and Sports Facilities

All hirers/users must observe the Pleasure Grounds Regulation (Public Health and Municipal Services Ordinance, Cap. 132), and comply with any directions given by the staff of the Department.

Before booking the facility, the hirer shall declare that he/she will not transfer the user permit/approval letter in any form. The hirer must be present during the use of the booked sessions. He/she may be required to produce his/her recognised identification document (i.e. Hong Kong Identity Cards, passports, re-entry permits, and student cards bearing a photograph of the card holder) for verification before using the facilities and during the booked session.

Individual hirers shall check-in before using the facilities with their original Hong Kong Identity Card at the SmartPLAY Smart Self-service Station/Self-service Check-in Device or do so by using the "My SmartPLAY App". Hirers aged below 11 (if they do not have a Hong Kong Identity Card) and non-Hong Kong Identity Card holders are required to present the original copy of the recognised identity document and the valid permit/approval letter for verification and registration. The permit/approval letter is not transferable. Upon registration, individual hirers and organisation hirers must confirm the declaration in the SmartPLAY system or fill in the declaration at the check-in counter.

All users must leave the facilities when their allotted session/hour is over.

All users must wear appropriate attire and footwear, use appropriate equipment, protective gear as necessary and observe all safety rules and conditions for use of the sport/activity.

If an organisation, having booked a session, fails to take up the booking or fully utilise the facilities without satisfactory explanation and has found to have breached the booking arrangement and the conditions of use, LCSD may issue default notice to the organization and reserves the right to refuse to accept further bookings from this organisation and to cancel all bookings already reserved by the organisation.

An individual hirer who is unable to take up a booked session should cancel the booked facility as soon as possible. Hirers can cancel the booking through the SmartPLAY system one day before the start of the booked session(s).

Recreation and sports facilities will be closed on the issue of tropical cyclone signal No. 8, or at the discretion of the management when, in its opinion that the facilities are considered unsuitable for use from safety or operational reasons.

At the discretion of the Department, other persons can use the booked facility that is not taken up by the original hirer 10 minutes after the starting time. The person(s) who has been granted such use should surrender the facility back to the original hirer immediately upon the arrival of the original hirer. Venue manager/duty officer-in-charge may cancel/suspend such free use arrangement at any time if there is suspected abuse of such free use by any person, including unauthorised transfer/sale of the use, as may be determined by the venue manager/duty officer-in-charge on the spot.

10.

The hirer or any person so authorised by him due to negligence on his part or on the part of such authorised person shall be responsible to meet the cost of repairing any damage caused to the facility, and reinstating or replacing any equipment, apparatus, fitting, or other property damaged or destroyed (fair wear and tear excepted), stolen or removed during the use of the facility.

11.

The hirer shall indemnify the Government, its employees and agents against all actions, claims, demands and proceedings by any person who suffers or sustains any loss, damage, injury or death arising out of or as a result of the use of the recreation and sports facility by the hirer or any person admitted by the hirer to the facility due to any act, omission, default, misconduct or negligence of the hirer or on the part of such person admitted to the facility as aforesaid.

12.

If any person fails to comply with the conditions of use or the advice from the LCSD to the full satisfaction of the LCSD, the venue management is entitled to cancel the confirmed booking and terminate the use of the facility immediately without compensation. The hirer shall vacate the facility immediately under such circumstances. The LCSD may remove any person from the facility/venue if he/she is in breach of the Pleasure Grounds Regulation (Public Health and Municipal Services Ordinance, Cap. 132) or other regulations in force. In such event, the booking will be cancelled automatically.

13.

Not to erect any permanent or temporary structure in the venue except with the prior permission of the Department. The hirer shall employ at his expense an Authorized Person or a Registered Structural Engineer, as appropriate, to provide certification on the design and construction prior to the function of the safety of any or all structures which in the opinion of the Department require such certification. For the purpose of illustration, structures exceeding 1.7 metres high with a volume exceeding 3 cubic meters (3m³) / exceeding 2 metres high that may require such certification include but are not limited to stage with backdrop, marquee and tent on or within which public programme or performance will be conducted. For uses involving temporary structure (other than those provided by the venue), public admission and of high-risk nature, District Leisure Manager / venue manager may require the hirer to take out suitable insurance coverage to protect the interests of both the hirer and the Government. The prevailing level of insurance amount against the indemnity set by the LCSD shall be applied to commensurate with the scale/nature of the use/event.

14.

For events involving overseas teams (including those from the Mainland), the applicant should consult the governing sports body, viz. the National Sports Association (NSA) concerned, for advice/agreement on the proposed use according to the practice of international sporting events to ensure that these events comply with the requirements of the governing sports body for the safety of the athletes and spectators.

15.

The event related publicity materials shall be in compliance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong) and shall not contain false, biased, misleading or deceptive information and defamatory, indecent, obscene or objectionable elements, or cause public unease. The hirer is required to provide sample of all publicity materials such as banners/buntings, sign boards and backdrops, with details of content and design and wording to the Department for approval before display. The event-related publicity materials should not have any implication that the Department is related to the hirer and/or the activities organised by the hirer without prior written permission of the Department. The hirer shall indemnify and keep fully indemnified the Department and the Government and their employees and agents against all claims, demands, actions or proceedings arising from any breach or non-observance of this provision.

16.

The LCSD reserves the right to reject/cancel the booking without prior notice to the applicant/hirer and also to restrict the number of users and/or spectators entering the venue or to refuse entry of any persons upon health grounds or other reasons and/or impose further conditions for the use of recreation and sports facilities.

17.

To prevent the spread of communicable disease and to maintain public health, members of the public may be required to undergo temperature/health check and/or registration before entering the venue, and admission may be prohibited if such person refuses to undergo the above-mentioned check. The hirer shall also pay attention to participants’ personal health conditions, and remind those having respiratory symptoms to refrain from participating in the event and seek medical advice promptly.

18.

The hirer should ensure that the noise level of their activities should be kept at a reasonably low level so as to avoid causing any unnecessary disturbance to residents in the neighbourhood. The hirer shall indemnify the Department and keep the Department fully indemnified against all claims and liabilities arising by reason of any noise nuisance generated from the venue during the hiring time allocated to him. To minimise noise impact on the nearby noise sensitive receivers, the following measures are recommended －

(a)

orientate the stage (or loudspeakers) to point away from the nearby noise sensitive receivers;

(b)

use a cluster of small power loudspeakers instead of a few large power loud speakers;

(c)

use directional loudspeakers and orientate them to point towards the audience and away from the nearby noise sensitive receivers; and

(d)

provide a manned complaint hotline (tape recording is not acceptable) so that action can be immediately taken to reduce the noise in response to complaints raised by nearby residents or relayed from other parties such as Food and Environmental Hygiene Department, LCSD or Police.

19.

If the hirer fails to observe or comply with the requirements in Condition 18 or the advice from the Department to reduce noise emission for the event, the LCSD may consider not to accept booking for use of the same facility from the hirer in future.

20.

(a)

The hirer or the user shall comply with, and ensure that each of their Related Person(s) shall comply with, all laws applicable to Hong Kong.

(b)

The hirer or the user and each of their Related Person(s) shall not engage or be involved in any act or activity which:

(i)

contravenes any National Security Laws;

(ii)

constitutes or causes the occurrence of an offence endangering national security;

(iii)

in the reasonable opinion of LCSD, is likely to constitute or cause the occurrence of an offence endangering national security; or

(iv)

in the reasonable opinion of LCSD, is or would be contrary to the interests of national security or the public interest of Hong Kong.

(c)

For the purpose of Clauses 20(b) and 21(b):

(i)

“national security” has the meaning given under the Safeguarding National Security Ordinance (6 of 2024);

(ii)

“National Security Laws” means all laws and legislation relating to safeguarding of national security which are from time to time in force in or applicable to Hong Kong, including the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region as applied in Hong Kong under the Promulgation of National Law 2020 (L.N. 136 of 2020) and the Safeguarding National Security Ordinance;

(iii)

“offence endangering national security” has the meaning given under the Safeguarding National Security Ordinance;

(iv)

“Related Person” of the hirer/user means

(A)

any person who is involved directly or indirectly and in any manner in the hiring or using of the relevant facilities and who is:

(1)

In the case if the hirer/user is a limited company, a shareholder, director, member, employee, agent or contractor of the company;

(2)

in the case if the hirer/user a company limited by guarantee, a member, director, officer, employee, agent or contractor of the company; and

(3)

in all other cases (including that if the hirer/user is an unincorporated entity), a partner, member, officer, employee, agent or contractor of the entity; and

(B)

any person admitted to the venue or facility by the hirer/user;

(v)

for the avoidance of doubt, each of the expressions “engage” and “involve” and its variants includes the act of aiding, abetting, counselling, inciting, promoting and procuring another person to perform or not to perform an act or a matter; and

(vi)

a determination by LCSD as to whether any of the circumstances described in Clauses 20(b)(iii), 20(b)(iv) and 21(b) have arisen shall be final, conclusive and binding on the hirer/user.

21.

Without prejudice to any other rights of LCSD and notwithstanding anything to the contrary herein, LCSD reserves the right to cancel any booking and/or terminate the use of the venue or the facility immediately without compensation on any of the following grounds:

(a)

breach of Clause 20 above General Condition; and

(b)

in the reasonable opinion of LCSD, the use of the venue or the facility by the hirer/user and/or its Related Person(s) is or would be contrary to the interests of national security or the public interest of Hong Kong.

22.

The hirer is required to observe and comply with the National Anthem Ordinance (Instrument A405) should the event involve the playing or singing of the national anthem. The hirer is also requested to inform the venue management of any playing or singing of the national anthem in the event in advance.

23.

In accordance with the National Flag and National Emblem Ordinance (Instrument A401) and the Regional Flag and Regional Emblem Ordinance (Instrument A602), the hirer who would like to display, use or raise the national/regional flags and/or national/regional emblems during the hire period shall ensure that their designs are in compliance with the specifications set out in the respective Ordinances and make prior written applications to the Deputy Director of Administration.