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

2. Interpretation
(1) In this Ordinance— 
appeal (上訴) means an appeal under section 17A;
appeal board (上訴委員會) means an appeal board formed under section 17D;
appeal board panel (上訴委員團) means the panel of persons appointed under section 17B;
Authority (監督) means the Hotel and Guesthouse Accommodation Authority mentioned in section 4;
authorized person (認可人士) has the meaning given by section 2(1) of the Buildings Ordinance (Cap. 123);
authorized person’s certificate (認可人士證明書) means a certificate required to be submitted under section 12I;
business name (營業名稱), in relation to any premises, means any name under which the premises are used as a hotel or guesthouse;
closure order (封閉令) means an order made under section 20A;
company secretary (公司秘書) includes a person occupying the position of company secretary (by whatever name called);
condition (條件), in relation to a licence, means—(a) a condition imposed on the licence under section 12B(5), 12C(6) or 12E(1)(a); and
(b) if the condition has been amended under section 12E(1)(b)—the condition as amended;

Convenor (召集人) means the Convenor appointed under section 17B(3);
director (董事) includes a person occupying the position of director (by whatever name called);
eligibility criteria (資格準則), in relation to a licence, means the criteria for eligibility specified under section 12A(2) for the category and, if applicable, the subcategory to which the licence belongs;
enforcement officer (執法人員) means a public officer appointed under section 21D to be an enforcement officer;
function (職能) includes a power and a duty;
guesthouse licence (賓館牌照) means a guesthouse licence referred to in section 12A(1)(b);
hotel licence (酒店牌照) means a hotel licence referred to in section 12A(1)(a);
hotel or guesthouse (酒店或賓館)—see section 2A;
legal practitioner (法律執業者) means a barrister or solicitor as defined by section 2(1) of the Legal Practitioners Ordinance (Cap. 159);
licence (牌照), except in the definition of owner 

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

2A. Meaning of hotel or guesthouse
(1) For the purposes of this Ordinance, premises are a hotel or guesthouse if the premises are held out as providing sleeping accommodation to any persons presenting themselves who are willing to pay a fee for the sleeping accommodation.
(2) To avoid doubt, in determining whether any premises are held out as providing sleeping accommodation, inference may be drawn from—
(a) any representation relating to the premises, regardless of the means through which the representation is made; and
(b) any circumstances relating to such representation, including the state or use of the premises.
(3) In subsection (1)—
(a) any persons (任何人) includes any person or persons of a particular category, class, group or description; and
(b) presenting (到臨) includes presenting in person or through an agent or a representative, whether physically or through any other means, and whether with or without prior booking or notice.
(Added 6 of 2020 s. 6)

2B. Meaning of specified way
For the purposes of Part 4A, an application is made in the specified way if it—
(a) is made in the form and way specified by the Authority;
(b) contains the information specified by the form; and
(c) is accompanied by the documents specified by the Authority.
(Added 6 of 2020 s. 6)

3. Exclusion by order
(1) The Secretary may by order—
(a) in relation to any hotel or 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 guesthouse or type or description of hotel or guesthouse from the application of this Ordinance. (Amended 6 of 2020 s. 7)
(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.
(Format changes—E.R. 3 of 2021)

4. Hotel and Guesthouse Accommodation Authority
(Amended 6 of 2020 s. 8)(1) The Secretary is to be the Hotel and Guesthouse Accommodation Authority for the purposes of this Ordinance. (Amended 6 of 2020 s. 8)
(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.
(Format changes—E.R. 3 of 2021)

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

5. Offence of operating unlicensed hotel or guesthouse
(1) A person commits an offence if the person operates, keeps, manages or otherwise has control of any premises that are a hotel or guesthouse while no licence is in force for the premises.
(2) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction—to a fine of $200,000 and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine of $20,000 for every day during which the offence continues; or
(b) on conviction on indictment—to a fine of $500,000 and to imprisonment for 3 years and, in the case of a continuing offence, to a further fine of $20,000 for every day during which the offence continues.
(3) It is not a defence to a charge for an offence under subsection (1) that the person charged did not know that no licence was in force for the premises.

5A. Offence by owner and tenant of unlicensed hotel or guesthouse
(1) If any premises are a hotel or guesthouse while no licence is in force for the premises (unlicensed hotel or guesthouse