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

21F. Evidence by documents
(1) In any legal proceedings, a copy purporting to be certified by a relevant authority as a true copy of a document or part of a document given, issued or maintained by the authority is admissible in evidence without further proof and, in the absence of evidence to the contrary, is taken as so certified by the authority.
(2) In any legal proceedings, a document purporting to be given or issued by a relevant authority and purporting to be signed by the authority or any person authorized by the authority in that behalf is admissible in evidence without further proof and, in the absence of evidence to the contrary—
(a) is taken as given or issued by the authority and as so signed; and
(b) is evidence of the facts stated in it.
(3) In any legal proceedings, a document purporting to be given or issued by an enforcement officer and purporting to be signed by the officer is admissible in evidence without further proof and, in the absence of evidence to the contrary—
(a) is taken as given or issued by the officer and as so signed; and
(b) is evidence of the facts stated in it.
(4) In this section—
relevant authority (有關當局) means—(a) the Authority; or
(b) the Secretary.

(Added 6 of 2020 s. 26)

21G. Immunity from civil liability
(1) A person to whom this section applies is not civilly liable for an act done or omitted to be done by the person in good faith in performing or purportedly performing a function under this Ordinance.
(2) Subsection (1) does not affect any liability of the Government for the act or omission.
(3) This section applies to—
(a) the Authority;
(b) a public officer;
(c) a bailiff; and
(d) a person assisting an enforcement officer or a bailiff under section 18A(8) or 20B(3) in the performance or purported performance of a function of the officer or bailiff.
(Added 6 of 2020 s. 26)

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

22. Regulations
(1) The Chief Executive in Council may by regulation provide for or in relation to— (Amended 34 of 1999 s. 3)
(a) the adequacy, suitability and use of apparatus or equipment in hotels or guesthouses;
(b) reports and information to be supplied to the Authority in respect of hotels or guesthouses;
(c) the design, structure, hygiene and sanitation of hotels or guesthouses;
(d) the precautions to be taken against fire or other hazard likely to endanger the lives or welfare of guests in hotels or guesthouses;
(e) appeals under section 17A and the practice and procedure of an appeal board; (Replaced 6 of 2020 s. 27)
(f) the fees to be charged for any matter prescribed or permitted by this Ordinance;
(g) generally, carrying into effect the provisions of this Ordinance.
(2) Any regulation made under this section may—
(a) prohibit the performance of particular acts without the consent of the Authority;
(b) authorize the Authority to require or prohibit the performance of particular acts; and
(c) require particular acts to be performed to the satisfaction of the Authority.
(3) The Authority may, by notice in writing to the person being the operator, keeper, manager or otherwise having control of a hotel or guesthouse, waive wholly, partly or conditionally the requirements of any regulation in respect of that hotel or guesthouse and may amend or withdraw any such notice. (Amended 6 of 2020 s. 27)
(4) Regulations made under this section may prescribe offences for contravention of the regulations, punishable by a fine, imprisonment or both. (Replaced 6 of 2020 s. 27)
(4A) The maximum fine that may be prescribed for an offence is level 6 and the maximum imprisonment is 2 years. In addition, in the case of a continuing offence, a further fine not exceeding $10,000 for every day during which the offence continues may be prescribed. (Added 6 of 2020 s. 27)
(5) Any regulation made under subsection (1)(f) may provide for—
(a) a different fee to be payable having regard to—
(i) the type or description of a hotel or guesthouse;
(ii) the number of rooms where accommodation is available in a hotel or guesthouse;
(iii) the number of guests able to be accommodated in a hotel or guesthouse; and (Amended 6 of 2020 s. 27)
(b) the waiver, remission, reduction or refund of any fee.
(Format changes—E.R. 3 of 2021)

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

23. Transitional and saving provisions for Hotel and Guesthouse Accommodation (Amendment) Ordinance 2020
The Schedule sets out transitional and saving provisions that have effect for the purposes of the amendments made to this Ordinance by the Hotel and Guesthouse Accommodation (Amendment) Ordinance 2020 (6 of 2020).

### Hotel and Guesthouse Accommodation (Fees) Regulations 《旅館業(費用)規例》

1. Citation
These regulations may be cited as the Hotel and Guesthouse Accommodation (Fees) Regulations.

3. Licence fee for issue or renewal of licence
(1) The fee payable under section 12G(1)(a) of the Ordinance for the issue of a licence under section 12B of the Ordinance is prescribed in Schedule 1.
(2) The fee payable under section 12G(1)(b) of the Ordinance for the renewal of a licence under section 12C of the Ordinance is prescribed in Schedule 2.
(6 of 2020 s. 40)

4. Adjustment of licence fee if licence period less than 12 months
(1) If the licence period of a licence that is issued is less than 12 months, the fee payable for the issue is to be determined by multiplying one-twelfth of the fee prescribed in column 2 of Schedule 1 for a licence with the same number of rooms by the number of months covered by the licence period.
(2) If the licence period of a licence that is renewed is less than 12 months, the fee payable for the renewal is to be determined by multiplying one-twelfth of the fee prescribed in column 2 of Schedule 2 for a licence with the same number of rooms by the number of months covered by the licence period.
(6 of 2020 s. 40)

5. Waiver of fee
The Authority may waive, remit, reduce or refund the whole or any part of a fee for which provision is made under these regulations.