Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 1
Chapter: 349 HOTEL AND GUESTHOUSE ACCOMMODATION
ORDINANCE
Gazette Number Version Date
Long title 30/06/1997
An Ordinance to provide for the regulation, control and safety of hotel and guesthouse accommodation and for
connected purposes.
[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)
(Enacted 1991)
Part: I PRELIMINARY 30/06/1997
(Enacted 1991)
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Hotel and Guesthouse Accommodation Ordinance.
(Enacted 1991)
Section: 2 Interpretation L.N. 283 of 2001 21/12/2001
(1) In this Ordinance, unless the context otherwise requires- (Amended 39 of 1998 s. 5)
"Appeal Board" (上訴委員會) means the Appeal Board constituted under section 15;
"Authority" (監督) means the Hotel and Guesthouse Accommodation Authority constituted under section 4;
"authorized person" (認可人士) has the meaning assigned to it by section 2 of the Buildings Ordinance (Cap 123);
(Added 39 of 1998 s. 5)
"certificate of exemption" (豁免證明書) 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" (旅館) 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 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 2
Section: 3 Exclusion by order 30/06/1997
(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)
Section: 4 Constitution of Hotel and Guesthouse Accommodation
Authority
30/06/1997
(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)
Part: II RESTRICTION ON OPERATION OF HOTELS AND
GUESTHOUSES
30/06/1997
(Enacted 1991)
Section: 5 Restriction on operating hotel or guesthouse unless
exempted or licensed
30/06/1997
(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)
Part: III CERTIFICATES OF EXEMPTION 30/06/1997
(Enacted 1991)
Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 3
Section: 6 Application for and issue of certificate of exemption 30/06/1997
(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.
(2) The Authority may issue a certificate of exemption and impose such conditions as he thinks fit.
(3) A certificate of exemption issued under this section shall-
(a) be in such form as the Authority may determine;
(b) be endorsed with the conditions, if any, imposed under subsection (2);
(c) not take effect except on payment of the prescribed fee; and
(d) authorize the person in whose name it is issued to operate, keep, manage or otherwise have control of a
hotel or a guesthouse for a period of 12 months, or such lesser period as may be indicated therein.
(4) The Authority may, upon application made to him in such form and manner as he may determine and on
payment of the prescribed fee, renew a certificate of exemption.
(5) The Authority may revoke a certificate of exemption issued under this section by notice in writing served
either personally or by registered post on the person to whom it was issued.
(6) A certificate of exemption or a copy thereof purporting to be certified under the hand of the Authority shall,
unless the contrary is proved, be evidence of the facts stated therein as at the date of such certificate of exemption or
such copy thereof and shall be received in evidence without further proof.
(7) A certificate purporting to be certified under the hand of the Authority that a certificate of exemption has or
has not been issued in respect of a hotel or a guesthouse shall, unless the contrary is proved, be evidence of the facts
stated therein as at the date of such certificate and shall be received in evidence without further proof.
(Enacted 1991)
Section: 7 Transfer of certificate of exemption 30/06/1997
(1) Except as provided in this section a certificate of exemption shall not be transferable.
(2) The Authority may, upon application to him in such form and manner as he may determine, and on cause
being shown to his satisfaction, permit the transfer to another person of a certificate of exemption in respect of a hotel
or a guesthouse until its expiration and such transfer shall be endorsed on the certificate of exemption.
(3) Where a certificate of exemption is transferred under subsection (2), a reference in section 6(5) or 21(2) to a
person to whom the certificate of exemption was issued shall, as respects that certificate of exemption, be construed as
a reference to the person to whom the certificate of exemption has been transferred.
(Enacted 1991)
Part: IV LICENCES 30/06/1997
(Enacted 1991)
Section: 8 Application for and issue of licence L.N. 283 of 2001 21/12/2001
(1) An application by a person for a licence in respect of a hotel or a guesthouse shall be made to the Authority
in such form and manner as the Authority may determine.
(2) The Authority shall, on receipt of an application under subsection (1), determine the application-
(a) by issuing to and in the name of the applicant, a licence for the hotel or the guesthouse imposing such
conditions as he thinks fit; or
(b) by refusing to issue a licence to the applicant.
(3) The Authority may refuse to issue a licence in respect of a hotel or a guesthouse on the ground that if it
appears to him-
(a) that for reasons connected with-
(i) the situation, means of ingress or egress, design, construction, size, equipment, or type of
building; or
(ii) the protection of life and property under the Fire Services Ordinance (Cap 95),
the premises to be used for the hotel or the guesthouse are not fit to be used for the purposes of a hotel
or a guesthouse;
Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 4
(b) that such premises do not comply with any requirement relating to design, structure, fire precautions,
health, sanitation and safety set out in the Buildings Ordinance (Cap 123); or
(c) that the operation, keeping, management and other control of the hotel or the guesthouse would not be
under the continuous and personal supervision of the person to whom the licence is issued.
(4) Where the Authority refuses to issue a licence in respect of a hotel or a guesthouse under subsection (3), he
shall make a written order, properly dated and signed, to that effect stating the ground in subsection (3) on which he
has refused to issue a licence and shall send a copy thereof by registered post to the applicant, at the address last
known to the Authority.
(5) A licence issued under this section shall-
(a) be in such form as the Authority may determine;
(b) be endorsed with the conditions, if any, imposed under subsection (2)(a);
(c) not take effect except on payment of the prescribed fee; and
(d) subject to subsection (5A), authorize the person in whose name it is issued to operate, keep, manage or
otherwise have control of a hotel or a guesthouse for a period of 84 months, or such lesser period as
may be indicated therein. (Amended 39 of 1998 s. 6)
(5A) Where a licence is issued for a period exceeding 36 months, the person holding the licence shall submit to
the Authority a certificate ("authorized person's certificate"), which shall-
(a) be submitted within a period of 1 month before and 1 month after each anniversary of the licence;
(b) be in such form as the Authority may determine and signed by an authorized person;
(c) certify that since the day upon which the licence was issued or, since the immediate previous
anniversary of the licence, as the case may be, the hotel or the guesthouse-
(i) has not undergone any substantial alteration by reference to the latest plan, if any, deposited with
and agreed to by the Authority;
(ii) has been operated, kept, managed or otherwise controlled by the person holding the licence in a
manner which does not contravene any of the conditions imposed under subsection (2)(a); and
(iii) has been maintained by the person holding the licence in a proper condition with regard to
building safety and fire safety. (Added 39 of 1998 s. 6)
(6) A licence or a copy thereof purporting to be certified under the hand of the Authority shall, unless the
contrary is proved, be evidence of the facts stated therein as at the date of such licence or such copy thereof and shall
be received in evidence without further proof.
(7) A certificate purporting to be certified under the hand of the Authority and stating that a hotel or a
guesthouse is licensed or is not licensed shall, unless the contrary is proved, be evidence of the facts stated therein as
at the date of such certificate and shall be received in evidence without further proof.
(Enacted 1991)
Section: 9 Renewal of licence L.N. 283 of 2001 21/12/2001
(1) A person holding a licence in respect of a hotel or a guesthouse may, not less than 3 months before the
expiration of the licence, apply for the licence to be renewed for a period of time being not more than 84 months.
(Amended 39 of 1998 s. 7)
(2) An application for renewal of a licence shall be made to the Authority in such form and manner as the
Authority may determine.
(3) The renewal of a licence under this section shall not take effect except on payment of the prescribed fee and
the Authority may in respect of the renewed licence impose any condition in addition to or instead of any condition
previously imposed by him under section 8.
(3A) Where a licence is renewed for a period exceeding 36 months, the person holding the licence shall submit to
the Authority a certificate ("authorized person's certificate"), which shall-
(a) be submitted within a period of 1 month before and 1 month after each anniversary of the licence;
(b) be in such form as the Authority may determine and signed by an authorized person;
(c) certify that since the day upon which the licence was renewed or, since the immediate previous
anniversary of the licence, as the case may be, the hotel or the guesthouse-
(i) has not undergone any substantial alteration by reference to the latest plan, if any, deposited with
and agreed to by the Authority;
(ii) has been operated, kept, managed or otherwise controlled by the person holding the licence in a
manner which does not contravene any of the conditions imposed under section 8(2)(a); and
Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 5
(iii) has been maintained by the person holding the licence in a proper condition with regard to
building safety and fire safety. (Added 39 of 1998 s. 7)
(4) A renewal of a licence under this section before the expiration of the licence shall take effect on the day
following the day of its expiration.
(5) Any licence in respect of which an application for renewal is made under this section and which expires
prior to the determination of such application shall, unless such application is withdrawn, or the licence is cancelled or
suspended under section 10, remain in effect until the determination by the Authority of such application.
(6) A renewal of a licence under this section shall have effect on the day following the day upon which the
licence would have expired but for subsection (5), subject to subsection (3A), for a period of 84 months or such lesser
period as may be indicated by the Authority at the time of renewal. (Amended 39 of 1998 s. 7)
(Enacted 1991)
Section: 10 Cancellation and suspension of licence or refusal to renew
licence, and amendment or variation of conditions of a
licence
L.N. 283 of 2001 21/12/2001
The Authority may at any time by notice in writing served upon the person holding a licence in respect of a hotel
or a guesthouse cancel or suspend the licence or refuse to renew the licence or amend or vary any condition of the
licence-
(a) on any ground in section 8(3)(a), (b) or (c) which would have entitled him to refuse to issue a licence
in respect of that hotel or that guesthouse;
(b) on the ground that that person has been convicted of-
(i) an offence against this Ordinance; or
(ii) an indictable offence in respect of that hotel or that guesthouse;
(c) on the ground that, in respect of that hotel or that guesthouse or the persons accommodated therein-
(i) any of the provisions of this Ordinance have been or are being contravened; or
(ii) any requirement, order or direction made or given under this Ordinance has not been complied
with by the person holding the licence in respect of the hotel or the guesthouse;
(d) on the ground that any condition of the licence has not been or is not being complied with by the
person holding the licence in respect of the hotel or the guesthouse;
(e) on the ground that if it appears to him that-
(i) the hotel or the guesthouse has ceased to be operated as such or to exist; or
(ii) such person has ceased to operate, keep, manage or otherwise control the hotel or the guesthouse.
(f) on the ground that, where the licence is issued or renewed for a period exceeding 36 months, an
authorized person's certificate has not been submitted as required by section 8(5A) or 9(3A); (Added
39 of 1998 s. 8)
(g) on the ground that an authorized person's certificate submitted under section 8(5A) or 9(3A) is
incomplete, incorrect or false in any material particular. (Added 39 of 1998 s. 8)
(Enacted 1991)
Section: 11 Notice of refusal of renewal and of cancellation or
suspension
30/06/1997
(1) The Authority shall, before serving notice under section 10, give to the person holding the licence notice of
his intention to do so, stating the grounds on which he intends to serve notice under that section and indicating that the
person holding the licence may make written representations to him.
(2) If the Authority decides to serve notice under section 10, he shall make a written order, properly dated and
signed, to that effect and shall send a copy thereof by registered post to the person holding the licence, at the address
last known to the Authority.
(Enacted 1991)
Section: 12 Transfer of licence 30/06/1997
(1) Except as provided in this section a licence shall not be transferable.
(2) The Authority may, upon application to him in such form and manner as he may determine, and on cause
Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 6
being shown to his satisfaction, permit the transfer to another person of a licence until its expiration and such transfer
shall be endorsed on the licence.
(3) Where a licence is transferred under subsection (2), a reference in section 9, 10, 11 or 21(4) to the person
holding the licence shall, as respects that licence, be construed as a reference to the person to whom the licence has
been transferred.
(Enacted 1991)
Part: V APPEALS 30/06/1997
(Enacted 1991)
Section: 13 Appeals against decisions of the Authority 30/06/1997
(1) Any person aggrieved by a decision of the Authority under section 6, 8, 9, 10 or 12 may appeal to the
Appeal Board.
(2) A decision under section 10 that is appealed against under subsection (1) shall be suspended in its operation
as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such
suspension would, in the opinion of the Authority, be contrary to the public interest and the notice of the decision
contains a statement to that effect.
(3) Any person who wishes to appeal under this section shall lodge a notice of appeal in the prescribed form
and manner within 28 days after receiving notice of the decision to which the appeal relates.
(Enacted 1991)
Section: 14 Appeal Board 34 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 34 of 1999 s. 3
(1) Every appeal shall be determined by the Appeal Board constituted under section 15.
(2) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is qualified for
appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336).
(3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be re-appointed.
(4) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under
section 15 as members of the Appeal Board to hear any appeal.
(5) An appointment under subsection (2) or (4) shall be notified in the Gazette.
(6) The Chairman and any person appointed under subsection (4) may at any time resign by notice in writing to
the Chief Executive.
(Amended 34 of 1999 s. 3)
(Enacted 1991)
Section: 15 Constitution of Appeal Board 25 of 1998; 34 of
1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 34 of 1999 s. 3
(1) The Appeal Board shall consist of the Chairman and such number of persons, being not less than 2, from
the panel referred to in section 14(4) as the Chairman may, subject to subsection (4), appoint to be members thereof to
hear any appeal.
(2) In hearing an appeal the Appeal Board may, in relation to such appeal, give directions to the Authority with
respect to the exercise by the Authority of such of the functions of the Authority under this Ordinance as are relevant
to the appeal and the Authority shall comply with any such direction.
(3) In relation to the hearing of appeals every question before the Appeal Board shall be determined by the
opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the
Chairman; in the case of an equality of votes the Chairman shall have a casting vote.
Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 7
(4) The Appeal Board shall not at any time consist of a majority of persons who are public officers.
(5) In hearing an appeal the Appeal Board may-
(a) receive evidence on oath;
(b) admit or take into account any statement, document, information or matter whether or not it would be
admissible in a court of law;
(c) by notice in writing summon any person to appear before it to produce any document or to give
evidence;
(d) confirm, vary or reverse the decision that is appealed against or substitute therefor such other decision
or make such other order as it may think fit; and
(e) make an award of such sum, if any, in respect of the costs involved in the appeal as is just and
equitable in all the circumstances of the case.
(6) The Appeal Board shall have the powers which are vested in the Court of First Instance in the exercise of its
powers under subsection (5). (Amended 25 of 1998 s. 2)
(7) If any person-
(a) on being duly summoned as a witness before the Appeal Board makes default in attending;
(b) being in attendance as a witness refuses to take an oath legally required by the Appeal Board to be
taken, or to produce any document in his power or control legally required by the Appeal Board to be
produced by him, or to answer any question to which the Appeal Board may legally require an answer;
or
(c) does any other thing which would, if the Appeal Board had been a court of law having power to
commit for contempt, have been contempt of that court,
the Chairman may certify the contempt of that person under his hand to the Court of First Instance and the Court of
First Instance may thereupon inquire into the alleged contempt and after hearing any witnesses who may be produced
against or on behalf of the person charged with the contempt and after hearing any statement that may be offered in
defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of
the court. (Amended 25 of 1998 s. 2)
(8) A witness before the Appeal Board shall be entitled to the same immunities and privileges as if he were a
witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2)
(9) Any sum awarded to the Authority under subsection (5)(e) shall be a debt due to the Government and
recoverable in the District Court and any sum payable by the Authority under such an award shall be charged on the
general revenue. (Amended 34 of 1999 s. 3)
(10) The Chairman may determine any form or matter of practice or procedure for which no provision is made in
this Ordinance.
(Enacted 1991)
Section: 16 Supplementary provisions relating to appeals 34 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 34 of 1999 s. 3
(1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his
functions, the Chief Executive may appoint any person qualified for appointment as a District Judge under section 5 of
the District Court Ordinance (Cap 336) to act as Chairman and as such to exercise and perform all the functions of the
Chairman during the period of his appointment. (Amended 34 of 1999 s. 3)
(2) If a person appointed by the Chairman under section 15(1) to hear an appeal is precluded by illness, absence
from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from
the panel referred to in section 14(4) to act in his place.
(3) The hearing of an appeal may be continued notwithstanding a change in the membership of the Appeal
Board.
(Enacted 1991)
Section: 17 Case may be stated for Court of Appeal 30/06/1997
(1) The Appeal Board may, before an appeal is determined, refer any question of law arising in the appeal to
the Court of Appeal for determination by way of case stated.
Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 8
(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal
Board for amendment.
(Enacted 1991)
Part: VI SUPERVISION OF HOTELS AND GUESTHOUSES 30/06/1997
(Enacted 1991)
Section: 18 Inspection of hotels and guesthouses 30/06/1997
Any public officer authorized by the Authority in writing for the purposes of this section may, without warrant
and on production, if so required, of his written authorization and his identity card issued under the Registration of
Persons Ordinance (Cap 177)-
(a) at all reasonable times enter and inspect any hotel, any guesthouse or any premises which he has
reason to suspect are used as or for the purposes of a hotel or a guesthouse;
(b) require any person taking part in the operation or management of a hotel or a guesthouse to produce
any book, document or other article relating to the operation or management of that hotel or that
guesthouse or to any other activity in respect of the hotel or the guesthouse or to furnish any
information relating to such operation, management or activity;
(c) remove for further examination any book, document, apparatus, equipment or any other article which
he has reason to suspect is evidence of the commission of an offence against this Ordinance, or is
evidence of a ground for the cancellation of the licence issued in respect of a hotel or a guesthouse; and
(d) do such things as are necessary for the inspection of a hotel or a guesthouse or for the inspection or
testing of any equipment, works or system used for or in connection with the operation, keeping,
management or other control of the hotel or the guesthouse.
(Enacted 1991)
Section: 19 Secretary may direct remedial measures 39 of 1998 18/12/1998
(1) The Secretary may, in respect of any hotel or any guesthouse, by notice in writing, give such directions as
appear to him to be required to secure that-
(a) the safety of guests in the hotel or the guesthouse is promoted in a proper manner;
(b) adequate apparatus and equipment required as safeguards against fire or other hazard are provided in
the hotel or the guesthouse; and
(c) the provisions of this Ordinance are complied with.
(2) A notice under subsection (1)-
(a) shall be served by registered post upon the person being the operator, keeper, manager or otherwise
having control of the hotel or the guesthouse or served by posting the same in a conspicuous part of the
hotel or the guesthouse; and (Amended 39 of 1998 s. 9)
(b) shall indicate a period of time within which the directions shall be complied with.
(3) If a notice under subsection (1) is served by posting it in a conspicuous part of the hotel or the guesthouse,
such notice shall be in both the English and the Chinese languages and the addressee may be referred to by reference
to his capacity in relation to the hotel or the guesthouse without the need to state the name of such a person. (Added
39 of 1998 s. 9)
(Enacted 1991)
Section: 20 Order for closure and cessation of use of premises as a
hotel or a guesthouse
39 of 1998 18/12/1998
Remarks:
Adaptation amendments retroactively made - see 34 of 1999 s. 3
(1) Where it is proved to the satisfaction of the District Court on the sworn information of the Secretary that-
(a) not less than 24 hours notice in writing served either personally or by registered post or by posting in a
conspicuous part of the hotel or the guesthouse of his intention to swear the information was given by
Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 9
the Secretary to the person being the operator, keeper, manager or otherwise having control of the
hotel or the guesthouse; and (Amended 39 of 1998 s. 10)
(b) it appears to the Secretary that-
(i) there is any danger or risk of danger to guests in the hotel or the guesthouse; or
(ii) the requirements of a direction given under section 19(1) have not been complied with in respect
of the hotel or the guesthouse within the period of time indicated in the notice served under that
section,
the District Court shall make an order in writing directing that the hotel or the guesthouse shall close and shall cease to
be used as a hotel or a guesthouse until the Secretary gives notice under subsection (4).
(1A) If a notice under subsection (1)(a) is served by posting it in a conspicuous part of the hotel or the
guesthouse, such notice shall be in both the English and the Chinese languages and the addressee may be referred to
by reference to his capacity in relation to the hotel or the guesthouse without the need to state the name of such a
person. (Added 39 of 1998 s. 10)
(2) On the making of an order under subsection (1)-
(a) any police officer or any public officer authorized by the Authority in writing for the purposes of this
section may remove from the hotel or the guesthouse any person found in the hotel or the guesthouse
and any person being in the hotel or the guesthouse in contravention of subsection (3);
(b) the Secretary may execute or cause to be executed any work necessary to give effect to the order, or to
remove the danger or risk of danger mentioned in subsection (1)(b)(i) or, as the case may be, to give
effect to the direction mentioned in subsection (1)(b)(ii), and for such purposes may authorize in
writing any person to carry out such work and may recover in the District Court any expenses incurred
by reason of any such work from the person being the operator, keeper, manager or otherwise having
control of the hotel or the guesthouse as a debt due to the Government. (Amended 39 of 1998 s. 10; 34
of 1999 s. 3)
(3) No person other than-
(a) a police officer in the course of his duty; or
(b) any person and any public officer authorized by the Secretary under subsection (2), (Replaced 39 of
1998 s. 10)
shall enter or be in the hotel or the guesthouse while an order under subsection (1) is for the time being in force.
(4) An order under subsection (1) shall remain in force until the Secretary by notice in writing-
(a) served either personally or by registered post on the person being the operator, keeper, manager or
otherwise having control of the hotel or the guesthouse; or
(b) posted in a conspicuous part of the hotel or the guesthouse,
declares that the order shall cease to be in force from such day as shall be specified in the notice. (Amended 39 of
1998 s. 10)
(Enacted 1991)
Part: VII MISCELLANEOUS 30/06/1997
(Enacted 1991)
Section: 21 Offences in relation to certificates of exemption and
licences
L.N. 283 of 2001 21/12/2001
(1) Any person who on any occasion operates, keeps, manages or otherwise has control of a hotel or a
guesthouse in respect of which a certificate of exemption has been issued-
(a) in contravention of any condition of the certificate of exemption so issued;
(b) in any premises other than the premises indicated in the certificate of exemption so issued; or
(c) under any name other than the name of the hotel or the guesthouse indicated in the certificate of
exemption so issued,
commits an offence.
(2) Where any condition of a certificate of exemption is contravened, the person in whose name the certificate
of exemption was issued shall be guilty of an offence unless he adduces evidence which proves that-
(a) he did not know and had no reason to suspect the existence of the circumstances giving rise to the
contravention; and
Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 10
(b) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those
circumstances arising.
(3) Any person who on any occasion operates, keeps, manages or otherwise has control of a hotel or a
guesthouse in respect of which a licence has been issued-
(a) in contravention of any condition of the licence so issued;
(b) in any premises other than the premises indicated in the licence so issued; or
(c) under any name other than the name of the hotel or the guesthouse indicated in the licence so issued,
commits an offence.
(4) Where any condition of a licence issued in respect of a hotel or a guesthouse is contravened, the person
holding the licence in respect of the hotel or the guesthouse shall be guilty of an offence unless he adduces evidence
which proves that-
(a) he did not know and had no reason to suspect the existence of the circumstances giving rise to the
contravention; and
(b) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those
circumstances arising.
(5) Where an offence under subsection (1) or (3) is alleged to have been committed, evidence that a defendant
did any act in connection with the operation, keeping, management or other control of a hotel or a guesthouse is, in the
absence of evidence adduced by the defendant to the contrary, proof that the defendant operated, kept, managed or
otherwise had control of a hotel or a guesthouse.
(6) Any person who-
(a) in or in connection with any application under this Ordinance makes any statement or furnishes
information, whether such statement be oral or written, which is false in any material particular and
which he knows or reasonably ought to know is false in such particular;
(b) obstructs the Authority or any public officer in the exercise of any of his powers under this Ordinance;
(c) refuses to produce any book, document, apparatus, equipment or any other article upon being so
required under section 18 or furnishes information which is false in a material particular and which he
knows or reasonably ought to know is false in such particular;
(d) fails to comply with the requirements of a direction given under section 19 within the period of time
indicated in the notice served thereunder;
(e) not being a police officer in the course of his duty or a person or a public officer authorized by the
Secretary in writing under section 20(2), enters or is in a hotel or a guesthouse while an order under
section 20(1) is for the time being in force, (Amended 39 of 1998 s. 11)
commits an offence.
(6A) An authorized person who in or in connection with an authorized person's certificate referred to in section 8
or 9 makes any statement or furnishes information which is false in any material particular and which he knows or
reasonably ought to know is false in such particular commits an offence. (Added 39 of 1998 s. 11)
(7) Any person who commits an offence under this section is liable to a fine of $100000 and to imprisonment
for 2 years and to a fine of $10000 for each day during which the offence continues.
(Enacted 1991)
Section: 21A Time limit for prosecution of offences 39 of 1998 18/12/1998
Any prosecution under the provisions of this Ordinance shall be commenced-
(a) within 6 months of the commission of the offence; or
(b) within 6 months of the offence being discovered by or coming to the notice of the Authority,
whichever is the later.
(Added 39 of 1998 s. 12)
Section: 22 Regulations 34 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 34 of 1999 s. 3
(1) The Chief Executive in Council may by regulation provide for or in relation to- (Amended 34 of 1999 s. 3)
(a) the adequacy, suitability and use of apparatus or equipment in hotels or guesthouses;
Cap 349 - HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE 11
(b) reports and information to be supplied to the Authority in respect of hotels or guesthouses;
(c) the design, structure, hygiene and sanitation of hotels or guesthouses;
(d) the precautions to be taken against fire or other hazard likely to endanger the lives or welfare of guests
in hotels or guesthouses;
(e) the lodging of appeals under section 13(3) and the practice and procedure of the Appeal Board;
(f) the fees to be charged for any matter prescribed or permitted by this Ordinance;
(g) generally, carrying into effect the provisions of this Ordinance.
(2) Any regulation made under this section may-
(a) prohibit the performance of particular acts without the consent of the Authority;
(b) authorize the Authority to require or prohibit the performance of particular acts; and
(c) require particular acts to be performed to the satisfaction of the Authority.
(3) The Authority may, by notice in writing to the person being the operator, keeper, manager or otherwise
having control of a hotel or a guesthouse, waive wholly, partly or conditionally the requirements of any regulation in
respect of that hotel or that guesthouse and may amend or withdraw any such notice.
(4) Regulations made under this section may provide that a contravention thereof shall be an offence
punishable by a fine not exceeding $100000 and a term of imprisonment not exceeding 2 years and punishable by a
fine not exceeding $10000 for each day during which the offence continues.
(5) Any regulation made under subsection (1)(f) may provide for-
(a) a different fee to be payable having regard to-
(i) the type or description of a hotel or a guesthouse;
(ii) the number of rooms where accommodation is available in a hotel or a guesthouse;
(iii) the number of guests able to be accommodated in a hotel or a guesthouse; and
(b) the waiver, remission, reduction or refund of any fee.
(Enacted 1991)
