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

12H. Licence period and effect
(1) The licence period of a licence—
(a) is to be specified by the Authority; and
(b) must not exceed 84 months beginning on the date of issue, or the date of renewal, specified in the licence.
(2) A licence has effect during its licence period subject to subsections (3) and (4).
(3) A licence does not have effect until the prescribed fee payable under section 12G(1) is paid.
(4) A licence remains in effect despite the end of its licence period if—
(a) an application for the renewal of the licence has been made in accordance with section 12C(2) and (3)(a); but
(b) the application is pending as at the end of the licence period.
(5) A licence remains in effect under subsection (4) until the end of the earliest of the following dates—
(a) if the application is withdrawn—the date of the withdrawal;
(b) if the application is approved—the date of the approval; or
(c) if the application is refused and—
(i) the decision to refuse is suspended under section 17A(2)—the date on which the decision ceases to be suspended according to that section; or
(ii) the decision to refuse is, because of section 17A(3), not suspended—the date of the refusal.

12I. Authorized person’s certificate required if licence period exceeds 36 months
(1) This section applies if the licence period of a licence exceeds 36 months.
(2) The licence holder must, within the period beginning 1 month before, and ending 1 month after, each anniversary of the licence, submit to the Authority a certificate that—
(a) is in the form specified by the Authority;
(b) is signed by an authorized person; and
(c) contains a statement by the authorized person certifying the matters specified in subsection (3).
(3) The matters are that, since the date of issue specified in the licence or since the immediately preceding anniversary of the licence (as the case requires), the premises covered by the licence—
(a) have not undergone any alteration resulting in a substantial deviation from the latest plan showing the layout of the premises deposited with and agreed to by the Authority;
(b) have been operated, kept, managed or otherwise controlled by the licence holder as a hotel or guesthouse in a way that does not contravene any of the conditions of the licence; and
(c) have been maintained by the licence holder in a proper condition with regard to building safety and fire safety.
(4) For the purposes of this section, the anniversary of a licence is to be counted with reference to—
(a) for a licence that has not been renewed—the date of issue specified in the licence; or
(b) for a licence that has been renewed—the date of renewal specified in the licence.

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

12J. Licence requirement: no-use restriction requirement
(1) Premises satisfy the no-use restriction requirement only if the Authority is satisfied that the premises are free from a use restriction.
(2) For the purposes of subsection (1), premises are not free from a use restriction if—
(a) in respect of any part of the premises that is covered by a deed of mutual covenant—a restrictive provision applies under the deed of mutual covenant; or
(b) in respect of any part of the premises that is not covered by a deed of mutual covenant—a restrictive provision applies under the Government lease under which the part is held.
(3) In this section—
deed of mutual covenant (公契) has the meaning given by section 2 of the Building Management Ordinance (Cap. 344);
restrictive provision (限制性條文), in relation to a part of premises, means an express provision to the effect that—(a) the part is prohibited from being used as a hotel or guesthouse;
(b) the part is prohibited from being used for commercial purposes; or
(c) the part is permitted to be used only for private residential purposes.

12K. Licence requirement: suitability requirement
Premises satisfy the suitability requirement only if it does not appear to the Authority that—
(a) the premises are not suitable to be used as a hotel or guesthouse for reasons connected with—
(i) the situation, means of ingress or egress, design, construction, size, equipment or type of building of the premises; or
(ii) the protection of life and property under the Fire Services Ordinance (Cap. 95);
(b) the premises do not comply with a requirement relating to design, structure, fire precautions, health, sanitation or safety that is set out in the Buildings Ordinance (Cap. 123); or
(c) the operation, keeping, management or other control of the premises as a hotel or guesthouse would not be under the continuous and personal supervision of the applicant or licence holder (as the case requires).

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

12L. Licence requirement: fit and proper requirement
(1) A person satisfies the fit and proper requirement only if it appears to the Authority that the person is a fit and proper person to operate, keep, manage or otherwise have control of a hotel or guesthouse.
(2) When considering whether a person is a fit and proper person to operate, keep, manage or otherwise have control of a hotel or guesthouse, the Authority must have regard to whether the person—
(a) has been convicted of an offence under this Ordinance;
(b) has been convicted of an offence, other than an offence under this Ordinance, in Hong Kong or elsewhere and, in respect of the conviction, sentenced to imprisonment for a term exceeding 3 months; or
(c) is an undischarged bankrupt, is in liquidation or is the subject of a winding-up order.
(3) For the purposes of subsection (2), if the person is a body of persons, the Authority must also have regard to whether a related person of the body of persons falls within paragraph (a), (b) or (c) of that subsection.
(4) In this section—
related person (相關人士), in relation to a body of persons, means—(a) for a body corporate—
(i) a director of the body corporate;
(ii) a company secretary of the body corporate; or
(iii) a person concerned in the management of the body corporate;
(b) for a partnership—
(i) a partner in the partnership;
(ii) a person concerned in the management of the partnership; or
(iii) an office holder in the partnership; or
(c) for an unincorporated body other than a partnership—
(i) a person concerned in the management of the body; or
(ii) an office holder in the body.