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

12M. Licence requirement: operation requirement
(1) The operation requirement is satisfied in respect of any licensed premises only if none of the following applies—
(a) in respect of the premises or any person accommodated on the premises—
(i) a provision of this Ordinance has been or is being contravened; or
(ii) a requirement, order or direction made or given under this Ordinance has not been complied with by the licence holder;
(b) a condition of the licence has not been or is not being complied with by the licence holder;
(c) it appears to the Authority that—
(i) the premises have ceased to be a hotel or guesthouse; or
(ii) the licence holder has ceased to operate, keep, manage or otherwise have control of the premises as a hotel or guesthouse;
(d) an authorized person’s certificate has not been submitted within the period required;
(e) an authorized person’s certificate that has been submitted is incomplete, incorrect or false in a material particular.
(2) In this section—
licensed premises (持牌處所) means premises covered by a licence, including any period during which the licence—(a) is suspended under section 12D;
(b) has yet to take effect because of section 12H(3); or
(c) remains in effect under section 12H(4).

12N. Consideration of views of affected persons
(1) The Authority may appoint a panel of persons (advisory panel

12O. Authority’s power to request documents, information and legal advice
(1) This section applies if the Authority is determining—
(a) an application for the issue of a licence under section 12B;
(b) an application for the renewal of a licence under section 12C;
(c) whether or not to cancel or suspend a licence under section 12D;
(d) whether or not to impose, amend or revoke a condition of a licence under section 12E; or
(e) an application for the transfer of a licence under section 12F.
(2) The Authority may, by written notice to a specified person, request the person to provide, within the period specified in the notice—
(a) any document or information that is reasonably necessary to enable the Authority to make the determination concerned; and
(b) without limiting paragraph (a), a written legal advice given by a legal practitioner about whether the premises to which the application or licence relates are free from a use restriction within the meaning of section 12J.
(3) In this section—
specified person (指明人士)—(a) in relation to a determination described in subsection (1)(a), (b) or (e)—means the applicant; and
(b) in relation to a determination described in subsection (1)(c) or (d)—means the licence holder.

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

12P. Duty of Authority to give notices of certain intentions or decisions
(1) If the Authority intends to exercise any of the powers referred to in subsection (2) in relation to a licence, then, before exercising the power, the Authority must give a written notice to the licence holder—
(a) informing the licence holder of—
(i) the Authority’s intention; and
(ii) the grounds on which the Authority will rely in exercising the power; and
(b) indicating that the licence holder may make written representations to the Authority.
(2) The powers are—
(a) to refuse to renew a licence under section 12C;
(b) to cancel or suspend a licence under section 12D; and
(c) to impose, amend or revoke a condition of a licence under section 12E.
(3) If the Authority decides to exercise any of the powers referred to in subsection (4) in relation to a licence, the Authority must give a written notice to each interested person, informing the person of the decision and the reasons for it.
(4) The powers are—
(a) to issue or refuse to issue a licence under section 12B;
(b) to renew or refuse to renew a licence under section 12C;
(c) to cancel or suspend a licence under section 12D;
(d) to impose, amend or revoke a condition of a licence under section 12E; and
(e) to permit the transfer or refuse to permit the transfer of a licence under section 12F.
(5) A notice given under subsection (1) or (3) must—
(a) state the date of notice;
(b) be signed by the Authority or a public officer authorized under section 4(2) to give the notice; and
(c) be given to the licence holder or interested person (recipient

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

17A. Appeals against decisions of Authority
(1) A person aggrieved by a decision of the Authority under section 12B, 12C, 12D, 12E or 12F may appeal against the decision by commencing the appeal under section 17C.
(2) A suspendable decision is suspended in its operation from the date on which the decision is made until—
(a) if no notice of appeal in relation to the decision is given within the period specified in section 17C(2)—the end of that period; or
(b) if an appeal against the decision is commenced under section 17C—the end of the date on which the appeal is disposed of, withdrawn or abandoned.
(3) However, a suspendable decision is not suspended in its operation if—
(a) the Authority considers that it is contrary to the public interest to suspend the operation of the decision; and
(b) the notice of decision given under section 12P(3) contains a statement to that effect.
(4) In this section—
suspendable decision (可暫緩執行的決定) means—(a) a decision to refuse to renew a licence under section 12C;
(b) a decision to cancel or suspend a licence under section 12D; or
(c) a decision to impose, amend or revoke a condition of a licence under section 12E.

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

17B. Appeal board panel
(1) The Chief Executive is to appoint a panel of persons for the purposes of hearing appeals under this Part.
(2) The panel is to consist of the following members—
(a) at least 2 individuals appointed by the Chief Executive, each of whom must be an individual qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336); and
(b) not less than 16 other individuals appointed by the Chief Executive.
(3) The Chief Executive is to appoint one of the panel members referred to in subsection (2)(a) to be the Convenor.
(4) An individual who is a public officer is not eligible for appointment under this section.
(5) A panel member is to be appointed for a term of 2 years and may be reappointed after the expiry of the member’s term of office.
(6) A panel member may resign at any time by giving a written notice to the Chief Executive.
(7) The resignation takes effect on the date specified in the notice given under subsection (6) for the resignation to take effect or, if no such date is specified, the date on which the notice is received by the Chief Executive.
(8) The Chief Executive may terminate the appointment of a panel member if satisfied that the member—
(a) has become a public officer;
(b) has become bankrupt, or has entered into a voluntary arrangement as defined by section 2 of the Bankruptcy Ordinance (Cap. 6) with the member’s creditors;
(c) is unable or unfit to perform the functions of a panel member due to physical or mental illness; or
(d) is for any other reason unable or unfit to perform the functions of a panel member.
(9) The Chief Executive is to give notice in the Gazette of the appointment, resignation or termination of the appointment of a panel member.

17C. Commencement of appeal
(1) A person who intends to appeal against a decision of the Authority under section 17A (appellant