| 1. |
The Hirer shall ensure the performance and observance by himself, his servants and agents and by all other persons admitted to the Extension Activities Room (the Room) hired by him, of |
| a. |
the Public Health & Municipal Services Ordinance (Cap. 132), and all rules, regulations and all subsidiary legislation made thereunder, and the Libraries Regulation; |
| b. |
the provisions of all applicable laws of the Hong Kong Special Administrative Region and requirements and regulations imposed from time to time by the relevant authorities applicable to the booking and/or in connection with the booking application; and |
| c. |
these Terms and Conditions of Hire. |
| 2. |
The Hirer shall not assign or sublet the Room or any part of it. |
| 3. |
The booking of the Room shall be deemed to be cancelled if the Hirer:- |
| a. |
uses the Room for a purpose other than stated in the application form; |
| b. |
changes the nature of the function; |
| c. |
obtains a sponsor without the prior permission of the Librarian; or |
| d. |
changes the persons or Hirer named in the application form. |
| The hire charges shall not be refunded to the Hirer if the booking is cancelled due to any of the above acts. |
| 4. |
The Hirer shall not use the Room for the performance in public of any dramatic or musical work or for the delivery in public of any lecture or address in respect of any matter in which copyright subsists without the consent of the owner of the copyright and shall not in any other manner infringe any copyright and the Hirer shall indemnify the Government and its servants against all claims, actions, demands and costs by reason of any infringement of copyright whatsoever occurring during the period in which the Room is hired. |
| 5. |
The Hirer shall obtain all licences and permits which by any enactment are required in connection with any entertainment of function in the Room during the period when it is hired by him and shall perform and observe the terms and conditions of all such licences and permits. |
| 6. |
The Hirer is required to observe and comply with the National Anthem Ordinance (Instrument A405) should the events involve the playing and singing of the national anthem. For details, please visit: https://www.elegislation.gov.hk/hk/A405. The standard score and the official recording of the national anthem can be found on the website of the Constitutional and Mainland Affairs Bureau: |
| https://www.cmab.gov.hk/en/issues/national_anthem_occasions.htm |
| 7. |
In accordance with the National Flag & National Emblem Ordinance (Instrument A401) and the Regional Flag and Regional Emblem Ordinance (Instrument A602), the Hirer who would like to display and use the national and regional flags or emblems during their booking periods 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 (Email: flags&emblems@cso.gov.hk or Fax: 2804 6552). The processing time required varies and it takes about 3 to 4 weeks in general. For details, please visit: |
| https://www.elegislation.gov.hk/hk/capA401 (National Flag and National Emblem Ordinance) |
| https://www.elegislation.gov.hk/hk/capA602 (Regional Flag and Regional Emblem Ordinance) |
| 8. |
The Hirer shall ensure the observance by himself, his servants and agents and by all other persons admitted to the Room hired by him of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and the laws of the Region in relation to the safeguarding of national security, and shall not engage in any act or activity which are not in compliance with the said legislation. |
| 9. |
The Government and its servants shall not be liable for any damage to or loss of any property of the Hirer, his servants and agents or any other person resulting from any cause whatsoever during the hiring and the Hirer shall indemnify and keep indemnified the Government and its servants against all claims, demands, actions and proceedings in respect of such damage or loss. |
| 10. |
The Hirer shall indemnify the Government against all claims, demands, actions or proceedings in respect of the death of or injury to any person (other than a servant of the Government carrying out his duties as such servant) which shall arise from any accident or occurrence in the Room hired by him or in respect of any loss or damage suffered or sustained by any person in consequence of such death or injury. |
| 11. |
a. |
After approval of booking, the Hirer shall pay the hire charges 7 working days at least before the date of the function. |
| b. |
The hire charges shall be refunded without interest to the Hirer if the booking is not accepted by the Librarian. |
| 12. |
The Librarian may at any time and in his absolute discretion close the Room or, by notice to the Hirer, cancel a confirmed booking and on such closure or cancellation any monies paid by the Hirer by way of charges or retained by the Government by way of deduction in respect of such booking so cancelled shall be returned without interest to the Hirer, but the Government shall not be liable to the Hirer for any loss or damage he may sustain arising out of such closure or cancellation. |
| 13. |
A confirmed booking cannot be changed to another date or time unless with the written approval of the Librarian. |
| 14. |
a. |
The Hirer shall repay to the Librarian on demand the cost of reinstating or replacing any part of property in the Room hired by him, which shall be damaged, destroyed, stolen or removed during the period of hire. |
| b. |
The Hirer shall leave all apparatus, utensils, fixtures, machines or equipment in the Library and used by him or on his behalf in a thoroughly clean, wholesome and properly working condition to the satisfaction of the Librarian. |
| c. |
The Hirer shall not permit any electrical apparatus or fittings of any kind to be attached to or used in conjunction with existing electrical fittings in the Library without the prior permission of the Librarian. |
| d. |
The Hirer shall not affix any glue, scotch-tape, gum-paper, nails, spikes, tacks or any other thing on any plaster wall or floor or on any fixture fitting or furniture in any part of the Room, without the prior approval of the Librarian. |
| 15. |
The Hirer shall not alter the facilities, including seating arrangement, in the Room without the prior consent of the Librarian. |
| 16. |
The Librarian may, in his absolute discretion, prohibit or delay the admission of any person, or at any time order any person out of the Room if such person contravenes these Terms and Conditions of Hire or behaves in a noisy, disorderly, or objectionable manner. |
| 17. |
To maintain good public order and safety, the Hirer, his servants and agents and all other persons admitted to the Room authorised by the Hirer shall not carry out any activities which may incite the audience to behave in such a way as to cause disorder, or in any way put the safety of the audience at risk during the Event. The Hirer shall not permit the performance of any act, or the display of any material which is likely to encourage hatred against or fear of any person; or which is based on malicious or unfounded allegations and is likely to encourage hatred against or fear of any person. |
| 18. |
The Librarian may order the Hirer to remove from the Room or from the Library anything brought by the Hirer, his servants and agents which in the opinion of the Librarian is dangerous or liable to cause nuisance or obstruction and the Hirer shall thereupon immediately remove such thing. |
| 19. |
a. |
The Hirer shall not permit floral decorations or any other objects to be placed in any part of a gangway. |
| b. |
The Hirer shall upon termination of a hiring, remove all floral decorations and any other objects placed by him in the Room. |
| c. |
The Hirer shall not permit any banner or similar decoration to be displayed in the Room without prior approval of the Librarian. |
| 20. |
The Hirer shall keep all gangways in and means of exit from the Room free from obstruction at all times. |
| 21. |
a. |
Prior consent of the Librarian in writing must be obtained for the engagement of a caterer to provide catering service in the Room. |
| b. |
The Hirer shall not, without the prior consent of the Librarian in writing, permit food, drink or gifts of any kind to be distributed free of charge to any members of an audience or members of the public in the Room and such consent may be withdrawn by the Librarian if there is any breach or non-observance of any conditions prescribed by the Librarian for the distribution of such food, drink or gifts. |
| c. |
The Hirer, his servants and agents shall not, without the prior consent of the Librarian in writing, charge or conduct money transactions with any person in the Room. |
| 22. |
The Government shall not be liable to the Hirer for any damage or loss he may sustain arising out of any lack or failure of supply or breakdown in the air-conditioning, lighting, sound or projection system in the Room. |
| 23. |
The Hirer shall not permit smoking or the use of naked flame in any part of the Room. |
| 24. |
The Hirer shall not permit any noise, particularly noise arising from the operation of sound equipment, that may cause annoyance to the users of other facilities of the Library. The Librarian may terminate the hire of the Room immediately, without any compensation to the Hirer if such annoyance continues after warning has been given. |
| 25. |
The Hirer shall not, without the consent of the Librarian, bring into the Room any additional furniture or equipment. |
| 26. |
a. |
Immediately after the termination of a hiring the Hirer shall vacate the Room and remove all property brought by him into the Room. |
| b. |
If after any hiring any property of the Hirer or of any other person is found in the Room, the Librarian may remove and store it in such manner as he or she may consider necessary and, on demand, the Hirer or such other person shall repay to the Librarian the cost of such removal and storage. |
| c. |
If such property is not removed and all removal and storage charges in respect thereof are not paid within three months of the date when it was first found, the Librarian, in his absolute discretion, may cause such property to be sold and, in such event shall apply the proceeds of sale in payment of any removal and storage charges and the cost of such sale and shall pay the remaining balance thereafter into the revenues of the Government. |
| 27. |
If the Hirer shall fail to observe or perform any of the provisions of these Terms and Conditions of Hire, the Librarian may, without notice, cancel the confirmed booking and terminate the hire of the Room. |
