| An Ordinance to provide for the regulation, control and safety of hotel and safety of hotel and guesthouse accommodation and for connected purposes. (Enacted 1991) [The Ordinance, except sections 5, 8 to 17 and 21 }1 June 1991 Sections 5, 8 to 17 and 21 }1 September 1991 L.N. 217 of 1991] (Originally 26 of 1991) Cap 349 s 1 Short title Part I PRELIMINARY This Ordinance may be cited as the Hotel and Guesthouse Accommodation Ordinance. (Enacted 1991) Cap 349 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- (Amended 39 of 1998 s. 5) "Appeal Board" (上诉委员会) means the Appeal Board constituted under section 15; "Authority" (监督) means the Hotel and Guesthouse Accommodation Authority constituted under section 4; "authorized person" (认可人士) has the meaning assigned to it by section 2 of the Buildings Ordinance (Cap 123); (Added 39 of 1998 s. 5) "certificate of exemption" (豁免证明书) means a certificate of exemption issued or renewed under section 6; "Chairman" (主席) means the person appointed as Chairman of the Appeal Board under section 14; "hotel" and "guesthouse" (旅馆) mean any premises whose occupier, proprietor or tenant holds out that, to the extent of his available accommodation, he will provide sleeping accommodation for any person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided and is in a fit state to be received; (Amended 24 of 1994 s. 36; 39 of 1998 s. 5) "licence" (牌照、牌) means a licence issued under section 8 or renewed under section 9; "Secretary" means the Secretary for Home Affairs. (2) For the purposes of "any person presenting himself" in the definition of "hotel" and "guesthouse" in subsection (1) and only for those purposes- (a) "any person" includes any person of any particular category, class, group or description; (b) "presenting himself" includes- (i) any person presenting himself in person; (ii) any person presenting himself through an agent or a representative; (iii) any person presenting himself, whether in person or through an agent or a representative, by facsimile, letter, telegram, telephone or any other means; (iv) any person presenting himself, whether in person or through an agent or a representative, with prior booking or notice; (v) any person presenting himself, whether in person or through an agent or a representative, without prior booking or notice. (Added 39 of 1998 s. 5) (Enacted 1991) Cap 349 s 3 Exclusion by order (1) The Secretary may by order- (a) in relation to any hotel or any guesthouse, for reasons connected with the situation, means of ingress or egress, design, construction, size or equipment therein; or (b) in relation to any type or description of hotel or guesthouse, for reasons connected with any such type or description,exclude any hotel or any guesthouse or type or description of hotel or guesthouse from the application of this Ordinance. (2) An order under subsection (1) shall be published in the Gazette and may- (a) be made subject to such conditions; (b) be made subject to such geographical limitations; (c) have effect for such period of time; or (d) have such partial application,as may be indicated in the order. (Enacted 1991) Cap 349 s 4 Constitution of Hotel and Guesthouse Accommodation Authority (1) The Secretary shall be the Hotel and Guesthouse Accommodation Authority for the purposes of this Ordinance. (2) The Authority may authorize in writing any public officer to perform or exercise on behalf of the Authority all or any of the functions which are imposed or conferred on the Authority by this Ordinance. (Enacted 1991) Cap 349 s 5 Restriction on operating hotel or guesthouse unless exempted or licensed PART II RESTRICTION ON OPERATION OF HOTELS AND GUESTHOUSES (1) Any person who on any occasion operates, keeps, manages or otherwise has control of a hotel or a guesthouse in respect of which neither of the conditions indicated in subsection (2) has been satisfied commits an offence and is liable on conviction to a fine of $200000 and to imprisonment for 2 years and to a fine of $20000 for each day during which the offence continues. (2) The conditions referred to in subsection (1) are- (a) that a certificate of exemption has been issued under section 6 in respect of the hotel or the guesthouse and is for the time being in force; or (b) that a licence has been issued under section 8 in respect of the hotel or the guesthouse and is for the time being in force.(3) It shall not be a defence that a person charged with an offence under subsection (1) did not know that neither of the conditions indicated in subsection (2) had been satisfied. (Enacted 1991) Cap 349 s 6 Application for and issue of certificate of exemption PART III CERTIFICATES OF EXEMPTION (1) An application by a person for a certificate of exemption in respect of a hotel or a guesthouse shall be made to the Authority in such form and manner as the Authority may determine. |
