【法规名称】
【法规编号】 82127 什么是编号？
【正 文】
第7页 CAP 349 HOTEL AND GUESTHOUSE ACCOMMODATION ORDINANCE
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[接上页] (c) under any name other than the name of the hotel or the guesthouse indicated in the certificate of exemption so issued,commits an offence. (2) Where any condition of a certificate of exemption is contravened, the person in whose name the certificate of exemption was issued shall be guilty of an offence unless he adduces evidence which proves that- (a) he did not know and had no reason to suspect the existence of the circumstances giving rise to the contravention; and (b) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those circumstances arising.(3) Any person who on any occasion operates, keeps, manages or otherwise has control of a hotel or a guesthouse in respect of which a licence has been issued- (a) in contravention of any condition of the licence so issued; (b) in any premises other than the premises indicated in the licence so issued; or (c) under any name other than the name of the hotel or the guesthouse indicated in the licence so issued,commits an offence. (4) Where any condition of a licence issued in respect of a hotel or a guesthouse is contravened, the person holding the licence in respect of the hotel or the guesthouse shall be guilty of an offence unless he adduces evidence which proves that- (a) he did not know and had no reason to suspect the existence of the circumstances giving rise to the contravention; and (b) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those circumstances arising.(5) Where an offence under subsection (1) or (3) is alleged to have been committed, evidence that a defendant did any act in connection with the operation, keeping, management or other control of a hotel or a guesthouse is, in the absence of evidence adduced by the defendant to the contrary, proof that the defendant operated, kept, managed or otherwise had control of a hotel or a guesthouse. (6) Any person who- (a) in or in connection with any application under this Ordinance makes any statement or furnishes information, whether such statement be oral or written, which is false in any material particular and which he knows or reasonably ought to know is false in such particular; (b) obstructs the Authority or any public officer in the exercise of any of his powers under this Ordinance; (c) refuses to produce any book, document, apparatus, equipment or any other article upon being so required under section 18 or furnishes information which is false in a material particular and which he knows or reasonably ought to know is false in such particular; (d) fails to comply with the requirements of a direction given under section 19 within the period of time indicated in the notice served thereunder; (e) not being a police officer in the course of his duty or a person or a public officer authorized by the Secretary in writing under section 20(2), enters or is in a hotel or a guesthouse while an order under section 20(1) is for the time being in force, (Amended 39 of 1998 s. 11)commits an offence. (6A) An authorized person who in or in connection with an authorized person's certificate referred to in section 8 or 9 makes any statement or furnishes information which is false in any material particular and which he knows or reasonably ought to know is false in such particular commits an offence. (Added 39 of 1998 s. 11) (7) Any person who commits an offence under this section is liable to a fine of $100000 and to imprisonment for 2 years and to a fine of $10000 for each day during which the offence continues. (Enacted 1991) Cap 349 s 21A Time limit for prosecution of offences Any prosecution under the provisions of this Ordinance shall be commenced- (a) within 6 months of the commission of the offence; or (b) within 6 months of the offence being discovered by or coming to the notice of the Authority,whichever is the later. (Added 39 of 1998 s. 12) Cap 349 s 22 Regulations Remarks: Adaptation amendments retroactively made - see 34 of 1999 s. 3 (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) the lodging of appeals under section 13(3) and the practice and procedure of the Appeal Board; (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 |
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