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

5B. Notice relating to specified offence to be registered in Land Registry
(1) If any of the following events occurs in relation to any premises, the Authority must arrange for a written notice about the event to be registered in the Land Registry—
(a) a charge against a person for a specified offence is laid or withdrawn;
(b) a person is convicted or acquitted of a specified offence;
(c) a person’s acquittal of a specified offence is appealed against;
(d) an appeal against a person’s acquittal of a specified offence is allowed without a conviction.
(2) A notice under subsection (1) must state—
(a) the location of the premises concerned;
(b) the fact that the event occurred; and
(c) the date on which the event occurred.
(3) Moreover, for a notice about the quashing of a conviction on appeal or a notice about the event mentioned in subsection (1)(d), the notice must also state whether a retrial is ordered.
(4) A notice under subsection (1) must be prepared—
(a) for a notice about an event mentioned in subsection (1)(a) or (c)—by the Authority; or
(b) for a notice about an event mentioned in subsection (1)(b) or (d)—by the court or magistrate concerned.
(5) For a notice prepared by the Authority, the Authority must, as soon as reasonably practicable after the event occurred, arrange for the registration of the notice under subsection (1).
(6) For a notice prepared by a court or magistrate—
(a) the court or magistrate must, as soon as reasonably practicable after the event occurred, send the notice to the Authority; and
(b) the Authority must, as soon as reasonably practicable after receiving the notice, arrange for its registration under subsection (1).
(7) 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 notice does not affect its validity as against any person.
(8) In this section—
acquittal (獲判無罪) means—(a) an acquittal on trial; or
(b) the quashing of a conviction on appeal;

conviction (定罪) means—(a) a conviction on trial;
(b) a record of a conviction on appeal; or
(c) a restoration of a quashed conviction on appeal;

specified offence (指明罪行) means an offence under section 5 or 5A.

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

12A. Hotel licence and guesthouse licence
(1) For the purposes of this Ordinance, either of the following categories of licences may be issued for any premises—
(a) a hotel licence;
(b) a guesthouse licence.
(2) The Authority may—
(a) specify different criteria for eligibility for a hotel licence and a guesthouse licence; and
(b) specify subcategories of guesthouse licences with different criteria for eligibility.
(3) Without limiting the conditions the Authority may impose on a licence under this Part—
(a) different conditions may be imposed for—
(i) different categories or subcategories of licence; and
(ii) different licences of the same category or subcategory of licence; and
(b) a guesthouse licence may be subject to a condition that the business name of the premises concerned must not contain the term “hotel” or “酒店”.

12B. Issue of licence
(1) The Authority may, on application, issue a licence if it is satisfied that the eligibility criteria for the licence are met.
(2) An application for the issue of a licence must be made in the specified way by the person intended to be the licence holder.
(3) The Authority must refuse an application for the issue of a licence for any premises if—
(a) the premises do not satisfy the no-use restriction requirement under section 12J; or
(b) the Authority has made a request under section 12O for determining the application and the applicant fails to comply with the request.
(4) The Authority may refuse an application for the issue of a licence for any premises if—
(a) the application does not comply with subsection (2);
(b) the premises do not satisfy the suitability requirement under section 12K; or
(c) the applicant does not satisfy the fit and proper requirement under section 12L.
(5) When issuing a licence, the Authority may impose on the licence any conditions the Authority considers appropriate.
(6) The Authority must also specify in the licence its date of issue.
(7) The date of issue must not be earlier than the date on which the application for the issue of the licence is approved.

12C. Renewal of licence
(1) The Authority may, on application, renew a licence if it is satisfied that the eligibility criteria for the licence are met.
(2) An application for the renewal of a licence must be made in the specified way by the licence holder.
(3) Moreover—
(a) the application must be made within the period beginning 6 months before, and ending 3 months before, the end of the licence period of the licence (application period

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

12D. Cancellation or suspension of licence
(1) The Authority must cancel or suspend a licence for any premises if—
(a) the premises do not satisfy the no-use restriction requirement under section 12J; or
(b) the Authority has made a request under section 12O for determining whether or not to cancel or suspend the licence and the licence holder fails to comply with the request.
(2) The Authority may cancel or suspend a licence for any premises if—
(a) the premises do not satisfy the suitability requirement under section 12K;
(b) the licence holder does not satisfy the fit and proper requirement under section 12L; or
(c) the operation requirement under section 12M is not satisfied in respect of the premises.

12E. Variation of licence condition
(1) During the licence period of a licence, the Authority may, in any of the circumstances specified in subsection (2)—
(a) impose on the licence any conditions the Authority considers appropriate; or
(b) amend or revoke a condition of the licence as the Authority considers appropriate.
(2) The circumstances are—
(a) the premises do not satisfy the suitability requirement under section 12K;
(b) the licence holder does not satisfy the fit and proper requirement under section 12L; and
(c) the operation requirement under section 12M is not satisfied in respect of the premises.
(3) The variation of a condition of a licence must be made by a written notice specifying the condition imposed or the amendment or revocation.
(4) In this section—
variation (更改), in relation to a condition, means the imposition, amendment or revocation of the condition under subsection (1).

12F. Transfer of licence
(1) Except as provided in subsection (2), a licence is not transferable.
(2) The Authority may, on application and on cause being shown to the Authority’s satisfaction, permit the transfer of a licence from the licence holder (transferor

12G. Licence fee and form
(1) A prescribed fee is payable to the Authority for—
(a) the issue of a licence under section 12B; and
(b) the renewal of a licence under section 12C.
(2) A licence issued or renewed must be in the form specified by the Authority and contain the following information—
(a) the category and, if applicable, the subcategory to which it belongs;
(b) its licence period;
(c) the name of its holder;
(d) the business name of the premises concerned; and
(e) any conditions imposed under section 12B(5) or 12C(6).