LCQ14: Regulation of indoor children's playgrounds
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     Following is a question by the Hon Leung Che-cheung and a written reply by the Acting Secretary for Home Affairs, Ms Florence Hui, in the Legislative Council today (May 27):

Question:

     It is learnt that recently quite a number of parents bring their children to the newly-popular indoor integrated children's playgrounds (playgrounds) for recreational activities. These playgrounds, which are quite large in scale, provide users with a variety of services and facilities, including food, rock climbing exercises, trampolines, several-story-high slides, gun-shooting computer games, gigantic ball ponds, motor racing circuits and various kinds of toys. I have received complaints alleging that some children were injured at a playground and the complainants learnt afterwards that the playground had obtained merely a business registration certificate and no licence. The complainants are worried that with the lack of monitoring, there is no assurance of the safety, quality and hygiene conditions of the playgrounds. In this connection, will the Government inform this Council:

(1) how the Food and Health Bureau (FHB) ensures that the ball ponds and other recreational facilities in the playgrounds will not become hotbeds for spreading bacteria and viruses; when an epidemic is suspected to have spread via the playgrounds, whether the authorities may, in accordance with the legislation, demand the playgrounds concerned to suspend business; whether FHB will consider putting the playgrounds under its communicable disease surveillance; if it will not, of the reasons for that;

(2) given that the playgrounds often receive many children at the same time, whether the Education Bureau and the Labour and Welfare Bureau will consider bringing them under the ambit of the Education Ordinance (Cap. 279) and the Child Care Services Ordinance (Cap. 243); if they will not, of the reasons for that;

(3) given that the gun-shooting computer games provided by some playgrounds show bloody and violent scenes, and rock climbing and trampolining are relatively high-risk activities which are prone to accidents causing serious injuries, whether the Home Affairs Bureau will consider bringing the playgrounds under the ambit of the relevant legislation; if it will not, of the reasons for that; and

(4) of the institutions, other than the Consumer Council, from which members of the public may seek assistance when they are dissatisfied with the facilities or services of the playgrounds?

Reply:

President,

     Regarding the enquiry raised by the Hon Leung Che-cheung, the coordinated reply prepared, having consulted relevant bureaux and departments, is as follows:

(1) In order to prevent the spread of infectious diseases, the Centre for Health Protection (CHP) has issued guidelines on environmental disinfection, which are applicable for use by general public, institutions, as well as governmental and industry stakeholders, including public health advice pertaining to playgrounds. According to the guidelines, hand-washing facilities or alcohol-based hand rubs should be readily available for use by the general public for hand hygiene. Environmental disinfection of the premises and facilities should be performed regularly, particularly when soiling occurs. During periods with heightened activities or spread of infectious diseases in the community (such as Enterovirus 71), institutions are regularly reminded of the need for enhanced vigilance and disinfection of the environment, with particular attention to share-use items such as toys in indoor game rooms.

     Moreover, the CHP has been closely monitoring any outbreak of infectious disease in the community. If there exists or existed in any premises a case or source of a specified infectious disease, the health officer of the Department of Health may close the premises to carry out necessary disease control measures pursuant to section 37 of Prevention and Control of Disease Regulation (Cap. 599A).
 
(2) In accordance with the Education Ordinance (Cap. 279), "school" means an institution, organisation or establishment which provides for 20 or more persons during any one day or 8 or more persons together at any one time, any nursery, kindergarten, primary, secondary or post secondary education or any other educational course by any means. As the activity nature of a "playground" does not involve the provision of educational courses to the participants, it does not fall under the definition of "school" mentioned above, and should not be regulated under the Education Ordinance.

     According to the Child Care Services Ordinance (Cap. 243), any premises which habitually receive at any one time more than five children under the age of three years for the purposes of care and supervision requires registration as a registered child care centre. An indoor playground which provides a venue for parents to participate in leisure activities with their children does not involve providing care and supervision for children, and, therefore, is also not under the ambit of the Child Care Services Ordinance.

(3) Section 23 of the Control of Obscene and Indecent Articles Ordinance (Cap. 390) (COIAO) prohibits public display of indecent matters. The Office for Film, Newspaper and Article Administration is responsible for the enforcement of the COIAO and would take appropriate follow up actions if a breach of the COIAO is observed.

     Sports climbing facilities and trampolines are sports facilities. International federations of the respective sports have set out the facility standards and user guidelines for relevant competitions and listed out information on authorised equipment suppliers. If the facilities are used for recreational purposes, respective playground operators and manager or owners of the venues concerned should make reference to the installation and user guidelines issued by the manufacturers of these facilities. Qualified persons should be hired to instruct users of the proper operation and use of the facilities if necessary.

(4) All venues must comply with prevailing relevant legislation and statutory requirements. If a member of the public suspects that a venue has breached relevant laws or regulations and wishes to file a complaint, he/she may do so through the government hotline 1823. The complaint would be, having regard to its nature, referred to the relevant department(s) for any necessary follow up actions.

Ends/Wednesday, May 27, 2015
Issued at HKT 11:46

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