【法规名称】
【法规编号】 82127 什么是编号？
【正 文】
第2页 CAP 349 HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE
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[接上页] (2) The Authority may issue a certificate of exemption and impose such conditions as he thinks fit. (3) A certificate of exemption issued under this section shall- (a) be in such form as the Authority may determine; (b) be endorsed with the conditions, if any, imposed under subsection (2); (c) not take effect except on payment of the prescribed fee; and (d) authorize the person in whose name it is issued to operate, keep, manage or otherwise have control of a hotel or a guesthouse for a period of 12 months, or such lesser period as may be indicated therein.(4) The Authority may, upon application made to him in such form and manner as he may determine and on payment of the prescribed fee, renew a certificate of exemption. (5) The Authority may revoke a certificate of exemption issued under this section by notice in writing served either personally or by registered post on the person to whom it was issued. (6) A certificate of exemption or a copy thereof purporting to be certified under the hand of the Authority shall, unless the contrary is proved, be evidence of the facts stated therein as at the date of such certificate of exemption or such copy thereof and shall be received in evidence without further proof. (7) A certificate purporting to be certified under the hand of the Authority that a certificate of exemption has or has not been issued in respect of a hotel or a guesthouse shall, unless the contrary is proved, be evidence of the facts stated therein as at the date of such certificate and shall be received in evidence without further proof. (Enacted 1991) Cap 349 s 7 Transfer of certificate of exemption (1) Except as provided in this section a certificate of exemption shall not be transferable. (2) The Authority may, upon application to him in such form and manner as he may determine, and on cause being shown to his satisfaction, permit the transfer to another person of a certificate of exemption in respect of a hotel or a guesthouse until its expiration and such transfer shall be endorsed on the certificate of exemption. (3) Where a certificate of exemption is transferred under subsection (2), a reference in section 6(5) or 21(2) to a person to whom the certificate of exemption was issued shall, as respects that certificate of exemption, be construed as a reference to the person to whom the certificate of exemption has been transferred. (Enacted 1991) Cap 349 s 8 Application for and issue of licence PART IV LICENCES (1) An application by a person for a licence in respect of a hotel or a guesthouse shall be made to the Authority in such form and manner as the Authority may determine. (2) The Authority shall, on receipt of an application under subsection (1), determine the application- (a) by issuing to and in the name of the applicant, a licence for the hotel or the guesthouse imposing such conditions as he thinks fit; or (b) by refusing to issue a licence to the applicant.(3) The Authority may refuse to issue a licence in respect of a hotel or a guesthouse on the ground that if it appears to him- (a) that for reasons connected with- (i) the situation, means of ingress or egress, design, construction, size, equipment, or type of building; or (ii) the protection of life and property under the Fire Services Ordinance (Cap 95), the premises to be used for the hotel or the guesthouse are not fit to be used for the purposes of a hotel or a guesthouse;(b) that such premises do not comply with any requirement relating to design, structure, fire precautions, health, sanitation and safety set out in the Buildings Ordinance (Cap 123); or (c) that the operation, keeping, management and other control of the hotel or the guesthouse would not be under the continuous and personal supervision of the person to whom the licence is issued.(4) Where the Authority refuses to issue a licence in respect of a hotel or a guesthouse under subsection (3), he shall make a written order, properly dated and signed, to that effect stating the ground in subsection (3) on which he has refused to issue a licence and shall send a copy thereof by registered post to the applicant, at the address last known to the Authority. (5) A licence issued under this section shall- (a) be in such form as the Authority may determine; (b) be endorsed with the conditions, if any, imposed under subsection (2)(a); (c) not take effect except on payment of the prescribed fee; and (d) subject to subsection (5A), authorize the person in whose name it is issued to operate, keep, manage or otherwise have control of a hotel or a guesthouse for a period of 84 months, or such lesser period as may be indicated therein. (Amended 39 of 1998 s. 6)(5A) Where a licence is issued for a period exceeding 36 months, the person holding the licence shall submit to the Authority a certificate ("authorized person's certificate"), which shall- (a) be submitted within a period of 1 month before and 1 month after each anniversary of the licence; |
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