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

18. Inspection of licensed premises
(1) For the purpose of ascertaining whether this Ordinance has been or is being complied with in respect of any licensed premises, an enforcement officer may, without a warrant, exercise any of the following powers—
(a) at all reasonable times enter and inspect the premises;
(b) require a person who takes part in the operation, keeping, management or other control of the premises as a hotel or guesthouse to produce, provide or disclose to the officer any document, thing or information relating to—
(i) the operation, keeping, management or other control of the premises as a hotel or guesthouse; or
(ii) any other activity in connection with the use of the premises as a hotel or guesthouse;
(c) remove for further examination a document or thing that the officer has reasonable grounds to believe to be—
(i) evidence of an offence under this Ordinance; or
(ii) evidence of a ground for cancelling or suspending the licence for the premises;
(d) do anything that is reasonably necessary—
(i) for the inspection of the premises; or
(ii) 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 premises as a hotel or guesthouse.
(2) Subsection (1) however does not empower an enforcement officer to require a person to produce, provide or disclose any document, thing or information that the person would, on grounds of legal professional privilege, be entitled to refuse to produce, provide or disclose.
(3) In this section—
licensed premises (持牌處所) means premises covered by a licence—(a) including any period during which the licence—
(i) is suspended under section 12D; or
(ii) remains in effect under section 12H(4); but
(b) excluding any period during which the licence has yet to take effect because of section 12H(3).

(Replaced 6 of 2020 s. 15)

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

19. Secretary may give directions to secure safety, etc.
(Amended 6 of 2020 s. 17)(1) The Secretary may, by written notice, give any directions in respect of a hotel or guesthouse that the Secretary considers to be required to secure that— (Amended 6 of 2020 s. 17)
(a) the safety of guests in the hotel or 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 guesthouse; and
(c) the provisions of this Ordinance are complied with.
(2) A notice under subsection (1)—
(a) must be served by registered post upon the person being the operator, keeper, manager or otherwise having control of the hotel or guesthouse or served by posting the same in a conspicuous part of the hotel or guesthouse; and (Amended 39 of 1998 s. 9)
(b) must indicate a period of time within which the directions must be complied with.
(3) If a notice under subsection (1) is served by posting it in a conspicuous part of the hotel or guesthouse, the notice must be in both the English and the Chinese languages and the addressee may be referred to by reference to the addressee’s capacity in relation to the hotel or guesthouse without the need to state the name of such a person. (Added 39 of 1998 s. 9)
(Amended 6 of 2020 s. 17)(Format changes—E.R. 3 of 2021)

20. Remedial order
(1) The Secretary may, by sworn information in writing, request the District Court to make an order under this section (remedial order

20A. Closure order
(1) A court or magistrate may make an order under this section (closure order

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

20B. Issue of warrant to bailiff after making closure order
(1) If a court or magistrate makes a closure order in respect of any premises, the court or magistrate—
(a) must issue a warrant to a bailiff, commanding the bailiff to close the premises and to affix a copy of the order to a conspicuous part of the premises; and
(b) may direct that the warrant is to be executed only after a date specified in the warrant.
(2) A bailiff executing the warrant may, in order to effect the closure of the premises—
(a) enter any place at the time specified in the warrant or, if no time is specified, at any time;
(b) use any reasonable force and take any reasonable measures, including using any force that is reasonable in the circumstances for gaining entry into the premises; and
(c) evict any person from the premises.
(3) The bailiff may be accompanied and assisted by any person the bailiff considers necessary for assisting the bailiff in executing the warrant.

20C. Rescission of closure order on application
(1) If a closure order is made in respect of any premises on the basis of a present conviction within the meaning of section 20A, an interested person for the premises may apply in writing to a court or magistrate for the order to be rescinded.
(2) A person is an interested person for any premises if the person becomes a purchaser, mortgagee or chargee in good faith for valuable consideration of an interest in the premises (bona fide purchaser

20D. Rescission of closure order on successful appeal against conviction
(1) Subject to subsection (2), an appellate court must rescind a closure order if—
(a) the order was made by reference to a conviction (whether it is a present conviction or previous conviction within the meaning of section 20A); and
(b) the person convicted (appellant

20E. Suspension of closure order
(1) If a closure order is made in respect of any premises, an affected person may apply in writing to a court or magistrate for an order under this section (suspension order