Office of Licensing Authority of Home Affairs Department steps up enforcement actions against unlicensed guesthouses and illegal club-house operations before and after National Day holidays
In view of the National Day holidays, the Office of the Licensing Authority (OLA) of the Home Affairs Department conducted operations at Yau Tsim Mong District, Sham Shui Po District, Wan Chai District and Central and Western District from September 15 to October 8. The OLA inspected premises which were suspected of operating unlicensed guesthouses and licensed club-houses suspected of being in breach of licensing conditions to ensure the safety of customers as well as the general public.
A spokesman for the OLA said, "During the operations, the OLA carried out surprise inspections of around 500 premises. Six premises were suspected of operating an unlicensed guesthouse and one licensed club-house was suspected of breaching certain licensing conditions. The OLA will initiate prosecution on cases with sufficient evidence after completion of the investigation."
The spokesman stressed, "Operating unlicensed hotels or guesthouses is a criminal offence leading to a criminal record upon conviction. According to the Hotel and Guesthouse Accommodation Ordinance, an offender is liable to three years' imprisonment and a maximum fine of $500,000. A fine of $20,000 for each day can also be imposed during which the offence continues. A six-month closure order may also be issued for a hotel/guesthouse involved in a repeated offence. Moreover, according to the Clubs (Safety of Premises) Ordinance, an offender who contravenes any condition of a certificate of compliance (e.g. failure to produce a fire certificate on demand and carrying out alteration and addition works without seeking prior approval) is liable to a maximum fine of $100,000 and two years' imprisonment. A fine of $10,000 for each day can also be imposed during which the offence continues."
To enhance deterrence against unlicensed hotels and guesthouses, the Hotel and Guesthouse Accommodation Ordinance was amended in 2020 to empower the Hotel and Guesthouse Accommodation Authority to apply to the court, upon the second conviction within 16 months of operating an unlicensed hotel or guesthouse or the strict liability offence in respect of the same premises, to issue a closure order to close the premises for six months. As at September 30, the OLA has applied for three closure orders under the Hotel and Guesthouse Accommodation Ordinance from the court, out of which one closure order against a premises has been issued by the court.
Apart from conducting special operations during festive seasons, the OLA also steps up efforts to combat unlicensed guesthouses via online platforms. The OLA has strengthened its intelligence collection by forming a dedicated team to browse webpages, mobile applications, social media, discussion forums, etc to search for information and intelligence on suspected unlicensed guesthouses. The OLA's law enforcement officers will initiate follow-up investigations when information on unlicensed guesthousesadvertised via online platforms is found. The OLA also conducts publicity work on Internet search engines outside Hong Kong toenable tourists' access to the information provided by the OLA in the course of planning their trips to Hong Kong.
Tourists and members of the public can make use of the search functions on the OLA's website (www.hadla.gov.hk) to check whether a hotel or guesthouse is licensed or not. Any suspected unlicensed hotel or guesthouse should be reported to the OLA by the hotline (Tel: 2881 7498), by email (hadlaenq@had.gov.hk), by fax (2504 5805), or through the mobile application "Hong Kong Licensed Hotels and Guesthouses".
Office of Licensing Authority of Home Affairs Department steps up enforcement actions against unlicensed guesthouses and illegal club-house operations before and after National Day holidays Source: HKSAR Government Press Releases
