| To amend the law relating to inns and innkeepers. [1 February 1962] (Originally 49 of 1961) Cap 158 s 1 Short title This Ordinance may be cited as the Hotel Proprietors Ordinance. Cap 158 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- (Amended 39 of 1998 s. 2) "hotel" (酒店) means an establishment held out by the proprietor as offering sleeping accommodation to any person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided and who is in a fit state to be received. (Replaced 39 of 1998 s. 2) (2) For the purposes of "any person presenting himself" in the definition of "hotel" 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. 2) [cf. 1956 c. 62 s. 1(3) U.K.] Cap 158 s 3 Inns and innkeepers (1) An hotel within the meaning of this Ordinance shall, and any other establishment shall not, be deemed to be an inn; and the duties, liabilities and rights which immediately before the commencement of this Ordinance by law attached to an innkeeper as such shall, subject to the provisions of this Ordinance, attach to the proprietor of such an hotel and shall not attach to any other person. (2) The proprietor of an hotel shall, as an innkeeper, be under the like liability, if any, to make good to any guest of his any damage to property brought to the hotel as he would be under to make good the loss thereof. [cf. 1956 c. 62 s. 1(1) & (2) U.K.] Cap 158 s 4 Modifications of liabilities and rights of innkeepers as such (1) Without prejudice to any other liability incurred by him with respect to any property brought to the hotel, the proprietor of an hotel shall not be liable as an innkeeper to make good to any person any loss of or damage to such property except where- (a) at the time of the loss or damage sleeping accommodation at the hotel had been engaged for the person; and (b) the loss or damage occurred during the period commencing with the midnight immediately preceding, and ending with the midnight immediately following, a period for which the person was a guest at the hotel and entitled to use the accommodation so engaged. (Amended 39 of 1998 s. 3)(2) Without prejudice to any other liability of his or to the provisions of section 5 or other right of his with respect thereto, the proprietor of an hotel shall not as an innkeeper be liable to make good to any guest of his any loss of or damage to, or have any lien on, any vehicle or any property left therein. (3) Where the proprietor of an hotel is liable as an innkeeper to make good the loss of or any damage to property brought to the hotel, his liability to any one guest shall not exceed the sum of one thousand dollars in respect of any one article, or the sum of two thousand dollars in the aggregate, except where- (a) the property was stolen, lost or damaged through the default, neglect or wilful act of the proprietor or some servant of his; or (b) the property was deposited by or on behalf of the guest expressly for safe custody with the proprietor or some servant of his authorized, or appearing to be authorized, for the purpose, and, if so required by the proprietor or that servant, in a container fastened or sealed by the depositor and when property is deposited in accordance with the provisions of this paragraph, the liability of the proprietor as an innkeeper to any one guest in respect of the loss of or damage to property so deposited shall not exceed the value thereof as declared by or on behalf of the guest at the time of deposit; or (c) at a time after the guest had arrived at the hotel, either the property in question was offered for deposit as aforesaid and the proprietor or his servant refused to receive it, or the guest or some other guest acting on his behalf endeavoured to offer the property in question but, through the default of the proprietor or a servant of his, was unable to do so: Provided that the provisions of this paragraph shall not apply where the value of the property as declared by or on behalf of the guest when offered for deposit exceeds the sum of ten thousand dollars:Provided that the proprietor shall not be entitled to the protection of this subsection unless, at the time when the property in question was brought to the hotel, a copy of the notice set out in the Schedule printed in plain type was conspicuously displayed in a place where it could conveniently be read by his guests at or near the reception office or desk or, where there is no reception office or desk, at or near the main entrance to the hotel. |
