Replies to LegCo questions

LCQ6: Operation of commercial bathhouses

Following is a question by the Hon Alice Mak and a reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (March 18):

Question:

It has been reported that a fire broke out at a Korean-style sauna bathhouse in January this year, and that the sauna bathhouse had not obtained a Commercial Bathhouse Licence granted by the Food and Environmental Hygiene Department under the Commercial Bathhouses Regulation. In this connection, will the Government inform this Council:

(1) of the respective numbers of prosecutions and convictions in the past three years involving operation of bathhouses without a licence;

(2) whether it deploys staff to inspect the fire services facilities at sauna bathhouses on a regular basis; if so, of the respective numbers of inspections, contraventions of fire safety requirements uncovered and rectifications of irregularities after warnings were issued, in each of the past three years; whether the Government will step up regulation of the fire services facilities at sauna bathhouses; if so, of the details; if not, the reasons for that; and

(3) whether it has estimated the current number of sauna bathhouses not equipped with shower cubicles; if so, of the number; whether it is required to obtain a licence for operating such kind of bathhouses; if so, of the respective current numbers of bathhouses which have obtained, are applying for, and have not yet applied for such a licence; if it is not required to obtain a licence, the reasons for that as well as the legislation which regulates such kind of bathhouses, and whether the Government will introduce legislative amendments to stipulate that a licence must be obtained for operating such kind of bathhouses; if so, of the details; if not, the reasons for that?

Reply:

President,

The fire in a Korean-style sauna in Kwun Tong earlier on has caused public concern over the safety of such saunas. In light of this case, we have consulted various government departments, including the Fire Services Department (FSD), Electrical and Mechanical Services Department (EMSD), Buildings Department (BD) and Food and Environmental Hygiene Department (FEHD).

Generally speaking, the ambient temperature inside the Khan steam room (KSR) of a Korean-style sauna is raised by the heat generated from electrical heating elements installed between concrete or stone slabs. Normally, these electrical heating elements will not be in direct contact with any combustible materials, and the power consumption of the facilities inside the KSR is comparable to that of a commercial premises or an ordinary family. The fire risk level of KSRs is therefore normal and similar to sauna facilities commonly installed in spa and fitness centres. As such, the requirements pertaining to the fire service installations and equipment (FSIs) to be provided in Korean-style saunas are akin to those in other premises.

After the fire, the relevant government departments have inspected the premises in question. The FSD is in the course of conducting an investigation. If any person in charge of the building or premises is found to have contravened the Fire Services Ordinance (Cap. 95), the FSD will take appropriate follow-up actions against such person under the relevant legislation. For example, legal actions will be taken under the Fire Service (Installations and Equipment) Regulations (Cap. 95B) against the owner of FSIs of a building or premises who fails to keep them in efficient working order or fails to have the FSIs inspected by a registered contractor at least once in every 12 months. The FEHD has also reminded district environmental hygiene offices to keep a close watch and take appropriate actions should any commercial bathhouse be found to be operating illegally.

According to the information collected by various departments, there are at present about 12 Korean-style saunas in Hong Kong, nine of which are in operation and three have ceased operations.

My reply to the various parts of the question is as follows:

(1) On receiving complaints about unlicensed operation of commercial bathhouses, the FEHD will conduct site investigation. If sufficient evidence is collected to substantiate such an allegation, prosecution will be instituted. In all the investigations conducted in this regard over the past three years, no one was found to be operating an unlicensed commercial bathhouse. Therefore, no prosecution was instituted.

(2) Under the existing regime, the provision of FSIs in all buildings and premises including Korean-style saunas is regulated. All buildings and premises shall have FSIs installed according to the prescriptive provisions in the Code of Practice for Minimum Fire Service Installations and Equipment issued by the FSD. Respective owners shall keep such FSIs in efficient working order at all times. Meanwhile, the FSD will serve a fire hazard abatement notice to any person who causes any fire hazard, or institute prosecution against such person under the Fire Services (Fire Hazard Abatement) Regulation (Cap. 95F). In addition, it will, according to provisions of the relevant legislation, carry out routine and random inspections of licensed premises in order to ensure compliance with fire safety standards. The FSD does not keep separate statistics covering the number of inspections made to Korean-style saunas.

(3) Under the Commercial Bathhouses Regulation (Cap 132I), "bathhouse" means any premises for the use, on payment of a fee, of persons requiring a bath. Sauna is regarded as a form of bath. All premises which allow customers to take a bath, including using the sauna services provided, on payment of a fee, are required to obtain a commercial bathhouse licence from the FEHD, whether shower facilities are available or not. There are shower compartments in all the existing 65 licensed commercial bathhouses. The FEHD is currently processing two applications for a commercial bathhouse licence. Both premises have shower compartments.

Certain premises, such as fitness centres and beauty centres, may also have sauna rooms or other bathing facilities. However, since in general no fees are separately charged for using such facilities, and the provision of commercial bathhouse services is not their principal business, such centres are not required to obtain a commercial bathhouse licence under the Commercial Bathhouses Regulation.

As has been mentioned in the preamble of this reply, we are aware of the public concern over the safety of Korean-style saunas. In this connection, the Government is carefully reviewing the relevant legislation and administrative measures to ascertain whether they provide enough protection for the public. The legislation includes the Commercial Bathhouses Regulation (Cap. 132I), Electricity Ordinance (Cap. 406) and Fire Services Ordinance (Cap. 95). Should the review suggest that the relevant legislation and administrative measures on the whole do not provide adequate safeguards, the Government will consider bringing in practicable improvement measures.

Ends/Wednesday, March 18, 2015
Issued at HKT 14:32

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