Hotel Accommodation (Miscellaneous Provisions)
Bill 1998
Amend the Hotel Proprietors Ordinance, the Hotel Accommodation Tax Ordinance and the Hotel and Guesthouse Accommodation Ordinance.
Enacted by the Legislative Council.
1. Short title and commencement
(1) This Ordinance may be cited as the Hotel Accommodation (Miscellaneous Provisions) Ordinance 1998.
(2) Sections 6 and 7 shall come into operation on a day to be appointed by the Secretary for Home Affairs by notice in the Gazette.
Hotel Proprietors Ordinance
2. Interpretation
Section 2 of the Hotel Proprietors Ordinance (Cap. 158) is amended---
(a) by renumbering it as section 2(1);
(b) in subsection (1), by repealing the definition of "hotel" and substituting---
""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.";
(c) by adding---
"(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.".
3. Modifications of liabilities and rights
of innkeepers as such
Section 4(1) is amended by repealing "traveller" wherever it appears and substituting "person".
Hotel Accommodation Tax Ordinance
4. Interpretation
Section 2 of the Hotel Accommodation Tax Ordinance (Cap. 348) is amended---
(a) by renumbering it as section 2(1);
(b) in subsection (1), in the definition of "hotel" by repealing ", without special contract,";
(c) by adding---
"(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.".
Hotel and Guesthouse Accommodation Ordinance
5. Interpretation
Section 2 of the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) is amended---
(a) by renumbering it as section 2(1);
(b) in subsection (1), in the definition of "hotel" and "guesthouse"---
(i) by repealing ", but exclude any premises to which the provisions of the Bedspace Apartments Ordinance (Cap. 447) apply";
(ii) in the Chinese text, by repealing everything after "他會" and substituting"向到臨該處所
的任何人提供住宿的地方，而該人看似是有能力並願意為所提供的服務及設施
繳付合理款項，並且是在宜於予以接待的狀況的；"；
(c) by adding---
"(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.".
6. Application for and issue of licence
Section 8(5)(d) is amended by repealing "12" and substituting "36".
7. Renewal of licence
Section 9(1) and (6) is amended by repealing "12" and substituting "36".
8. Secretary may direct remedial measures
Section 19 is amended---
(a) in subsection (2)(a), by adding "or served by posting the same in a conspicuous part of the hotel or the guesthouse" after "guesthouse";
(b) by adding---
"(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.".
9. Order for closure and cessation of use of
premises as a hotel or a guesthouse
Section 20 is amended---
(a) in subsection (1)(a), by adding "or by posting in a conspicuous part of the hotel or the guesthouse" after "registered post";
(b) by adding---
"(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.";
(c) in subsection (2)(b), by adding ", 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" after "order";
(d) by repealing subsection (3)(b) and substituting---
"(b) any person and any public officer authorized by the Secretary under subsection (2),";
(e) in subsection (4), by repealing everything after "that the" and substituting "order shall cease to be in force from such day as shall be specified in the notice.".
10. Offences in relation to certificates
of exemption and licences
Section 21(6)(e) is amended---
(a) by adding "person or a" before "public officer";
(b) by repealing "section 20(2)(a)" and substituting "section 20(2)".
11. Section added
The following is added---
"21A. Time limit for prosecution of offences
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.".
12. "處所" substituted for "房產"
Sections 2, 8, 18, 20 and 21 are amended by repealing "房產" wherever it appears and substituting "處所".
Explanatory Memorandum
The main purpose of this Bill is to amend the Hotel Proprietors Ordinance (Cap. 158), the Hotel Accommodation Tax Ordinance (Cap. 348) and the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) to specify the scope of the definitions of "hotel" and "hotel" and "guesthouse" in the three Ordinances. Amendments are also made to the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) to streamline the operation of the licensing scheme under that Ordinance.
2. Clauses 2 and 3 of the Bill amend the Hotel Proprietors Ordinance (Cap. 158)---
(a) clause 2 amends the definition of "hotel" in section 2 such that the scope of the definition includes such establishment whose proprietor holds out as offering sleeping accommodation to any person or any person of any particular category, class, group or description; and such person can be a person presenting himself in person or through an agent or a representative; or a person, whether presenting himself in person or through an agent or a representative, with or without prior booking;
(b) clause 3 amends "traveller" to "person".
3. Clause 4 of the Bill amends the definition of "hotel" in section 2 of the Hotel Accommodation Tax Ordinance (Cap. 348) so as to achieve the same result in clause 2.
4. Clauses 5 to 12 of the Bill amend the Hotel and Guesthouse Accommodation Ordinance (Cap. 349)---
(a) clause 5 amends the definition of "hotel" and "guesthouse" in section 2 so as to achieve the same result in clause 2;
(b) clauses 6 and 7 extend the period of licences to a maximum period of 36 months;
(c) clauses 8 and 9 allow notices to be served by posting them in a conspicuous part of a hotel or a guesthouse and clause 9 also allows any person authorized by the Secretary for Home Affairs in writing to enter into a hotel or a guesthouse to execute any remedial work while a closure order is in force;
(d) clause 10 provides that it shall not be an offence for a person who is authorized by the Secretary for Home Affairs to execute remedial work to enter into any premises while a closure order is in force;
(e) clause 11 extends the time limit for prosecution of offences under the Hotel and Guesthouse Accommodation Ordinance (Cap. 349);
(f) clause 12 amends "房產" to "處所".
