### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》

20F. Variation of conditions of suspension order
(1) If a suspension order is subject to a condition, an affected person may apply in writing to a court or magistrate for a variation of the condition.
(2) An application under subsection (1) must state the proposed variation.
(3) On receiving the application, the court or magistrate must—
(a) appoint a date for hearing the application;
(b) send a copy of the application and accompanying documents to the Authority; and
(c) inform the applicant and the Authority of the date of the hearing.
(4) If, after hearing the application and any representations made by or for the Authority, the court or magistrate is satisfied that a condition of the suspension order should be varied, the court or magistrate may, by order—
(a) vary the condition; and
(b) impose any other conditions the court or magistrate considers appropriate.
(5) In this section—
affected person (受影響人士), in relation to a suspension order made to suspend a closure order, means—(a) an affected person as defined by section 20E(9) in relation to the closure order; or
(b) a person who would be held liable if a condition of the suspension order is breached;

vary (更改) includes revoke.

20G. Enforcement of money forfeited
(1) If a condition of a suspension order is breached, the payment of any sum of money to be forfeited as a result may be enforced, in the same way as if it were a judgment debt, by—
(a) if the order was made by a court—the court; or
(b) if the order was made by a magistrate—any magistrate.
(2) Any money recovered under subsection (1) is to be paid into the general revenue.

20H. Revival of closure order
(1) If a closure order made in respect of any premises is suspended by a suspension order, and a condition of the suspension order is breached, the Authority may apply in writing to a court or magistrate for an order under this section (revival order

20I. Application relating to closure order
An application under section 20C(1), 20E(1), 20F(1) or 20H(1) in relation to a closure order must—
(a) if the order was made by a court—be made to the court and, so far as is practicable, be made to the judge who made the order; or
(b) if the order was made by a magistrate—be made to a magistrate and, so far as is practicable, be made to the magistrate who made the order.

### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》

20J. Order and notice to be registered in Land Registry
(1) If the District Court makes a remedial order—
(a) the Court must, as soon as reasonably practicable, send a copy of the order to the Authority; and
(b) the Authority must, as soon as reasonably practicable after receiving the copy, arrange for the copy to be registered in the Land Registry.
(2) If a court or magistrate makes a closure order, suspension order, variation order or revival order—
(a) the court or magistrate must, as soon as reasonably practicable, send a copy of the order to the Authority; and
(b) the Authority must, as soon as reasonably practicable after receiving the copy, arrange for the copy to be registered in the Land Registry.
(3) If a court or magistrate rescinds a closure order under section 20C or 20D—
(a) the court or magistrate must, as soon as reasonably practicable, send a written notice to the Authority stating that fact; and
(b) the Authority must, as soon as reasonably practicable after receiving the notice, arrange for the notice to be registered in the Land Registry.
(4) A copy of an order, or a notice, required to be sent to the Authority under this section must be—
(a) if sent by a court—sealed with the seal of the court; or
(b) if sent by a magistrate—signed by the magistrate.
(5) A copy of an order, or a notice, required to be registered in the Land Registry under this section is taken to be an instrument affecting land, but a failure to register the copy of the order, or the notice, does not affect its validity as against any person.

### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》

21A. Time limit for prosecution of summary offences
Despite section 26 of the Magistrates Ordinance (Cap. 227), proceedings may be instituted for an offence, other than an indictable offence, under this Ordinance within whichever of the following periods ends last—
(a) 6 months after the commission of the offence;
(b) 6 months after the offence is discovered by or comes to the notice of the Authority.
(Replaced 6 of 2020 s. 24)

21B. Liability of officers of body corporate
(1) If a body corporate commits an offence under this Ordinance, and it is proved that the offence—
(a) was committed with the consent or connivance of an officer of the body corporate; or
(b) is attributable to any neglect on the part of an officer of the body corporate,
the officer also commits the offence.
(2) In subsection (1)—
officer (人員) means—(a) a director of the body corporate;
(b) a company secretary of the body corporate;
(c) a person concerned in the management of the body corporate; or
(d) a person purporting to act in the capacity of a person referred to in paragraph (a), (b) or (c).

(Added 6 of 2020 s. 25)

### Hotel and Guesthouse Accommodation Ordinance 《旅館業條例》

21C. Liability of partners, office holders, etc. of unincorporated bodies
(1) If a partner in a partnership commits an offence under this Ordinance, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (3); or
(b) is attributable to any neglect on the part of a person specified in subsection (3),
that person also commits the offence.
(2) If a member of an unincorporated body other than a partnership commits an offence under this Ordinance, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (4); or
(b) is attributable to any neglect on the part of a person specified in subsection (4),
that person also commits the offence.
(3) The person referred to in subsection (1) is—
(a) a partner in the partnership;
(b) a person concerned in the management of the partnership;
(c) an office holder in the partnership; or
(d) a person purporting to act in the capacity of a person referred to in paragraph (a), (b) or (c).
(4) The person referred to in subsection (2) is—
(a) a person concerned in the management of the body;
(b) an office holder of the body; or
(c) a person purporting to act in the capacity of a person referred to in paragraph (a) or (b).
(Added 6 of 2020 s. 25)

21D. Appointment of enforcement officer
The Authority may appoint in writing any public officer to be an enforcement officer for the purposes of this Ordinance.
(Added 6 of 2020 s. 26)

21E. Duty to produce evidence of authority
A person who, on any premises, exercises a power under section 18, 18A, 20 or 20B in respect of the premises must, if requested, produce for inspection—
(a) documentary evidence of the person’s identity;
(b) for a power exercised pursuant to a warrant issued under section 18A or 20B—the warrant;
(c) for a power exercised by a person authorized under section 20(5)(b)—documentary evidence of the authorization; and
(d) for a power exercised by an enforcement officer—documentary evidence of the appointment under section 21D.
(Added 6 of 2020 s. 26)