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To amend the law relating to inns and innkeepers. [1 February 1962] (Originally 49 of 1961) Cap 158 s 1 Short title This Ordinance may be cited as the Hotel Proprietors Ordinance. Cap 158 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- (Amended 39 of 1998 s. 2) "hotel" (酒店) means an establishment held out by the proprietor as offering sleeping accommodation to any person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided and who is in a fit state to be received. (Replaced 39 of 1998 s. 2) (2) For the purposes of "any person presenting himself" in the definition of "hotel" in subsection (1) and only for those purposes- (a) "any person" includes any person of any particular category, class, group or description; (b) "presenting himself" includes- (i) any person presenting himself in person; (ii) any person presenting himself through an agent or a representative; (iii) any person presenting himself, whether in person or through an agent or a representative, by facsimile, letter, telegram, telephone or any other means; (iv) any person presenting himself, whether in person or through an agent or a representative, with prior booking or notice; (v) any person presenting himself, whether in person or through an agent or a representative, without prior booking or notice. (Added 39 of 1998 s. 2) [cf. 1956 c. 62 s. 1(3) U.K.] Cap 158 s 3 Inns and innkeepers (1) An hotel within the meaning of this Ordinance shall, and any other establishment shall not, be deemed to be an inn; and the duties, liabilities and rights which immediately before the commencement of this Ordinance by law attached to an innkeeper as such shall, subject to the provisions of this Ordinance, attach to the proprietor of such an hotel and shall not attach to any other person. (2) The proprietor of an hotel shall, as an innkeeper, be under the like liability, if any, to make good to any guest of his any damage to property brought to the hotel as he would be under to make good the loss thereof. [cf. 1956 c. 62 s. 1(1) & (2) U.K.] Cap 158 s 4 Modifications of liabilities and rights of innkeepers as such (1) Without prejudice to any other liability incurred by him with respect to any property brought to the hotel, the proprietor of an hotel shall not be liable as an innkeeper to make good to any person any loss of or damage to such property except where- (a) at the time of the loss or damage sleeping accommodation at the hotel had been engaged for the person; and (b) the loss or damage occurred during the period commencing with the midnight immediately preceding, and ending with the midnight immediately following, a period for which the person was a guest at the hotel and entitled to use the accommodation so engaged. (Amended 39 of 1998 s. 3)(2) Without prejudice to any other liability of his or to the provisions of section 5 or other right of his with respect thereto, the proprietor of an hotel shall not as an innkeeper be liable to make good to any guest of his any loss of or damage to, or have any lien on, any vehicle or any property left therein. (3) Where the proprietor of an hotel is liable as an innkeeper to make good the loss of or any damage to property brought to the hotel, his liability to any one guest shall not exceed the sum of one thousand dollars in respect of any one article, or the sum of two thousand dollars in the aggregate, except where- (a) the property was stolen, lost or damaged through the default, neglect or wilful act of the proprietor or some servant of his; or (b) the property was deposited by or on behalf of the guest expressly for safe custody with the proprietor or some servant of his authorized, or appearing to be authorized, for the purpose, and, if so required by the proprietor or that servant, in a container fastened or sealed by the depositor and when property is deposited in accordance with the provisions of this paragraph, the liability of the proprietor as an innkeeper to any one guest in respect of the loss of or damage to property so deposited shall not exceed the value thereof as declared by or on behalf of the guest at the time of deposit; or (c) at a time after the guest had arrived at the hotel, either the property in question was offered for deposit as aforesaid and the proprietor or his servant refused to receive it, or the guest or some other guest acting on his behalf endeavoured to offer the property in question but, through the default of the proprietor or a servant of his, was unable to do so: Provided that the provisions of this paragraph shall not apply where the value of the property as declared by or on behalf of the guest when offered for deposit exceeds the sum of ten thousand dollars:Provided that the proprietor shall not be entitled to the protection of this subsection unless, at the time when the property in question was brought to the hotel, a copy of the notice set out in the Schedule printed in plain type was conspicuously displayed in a place where it could conveniently be read by his guests at or near the reception office or desk or, where there is no reception office or desk, at or near the main entrance to the hotel. [cf. 1956 c. 62 s. 2 U.K.] Cap 158 s 5 Power of sale Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 A proprietor of an hotel shall as an innkeeper, in addition to his ordinary lien, have the right absolutely to sell by public auction any property which may have been deposited with him or left in his hotel or in premises appurtenant or belonging thereto, where the guest depositing or leaving such property shall be or become indebted to him for any board or lodging: Provided however- (a) that, except in the case of perishable property, no such sale shall be made until after the property shall have been for the space of six weeks in such charge or custody or in or upon such premises without such debt having been satisfied; (b) that such proprietor, after having, out of the proceeds of such sale, paid himself the amount of any such debt together with the costs and expenses of such sale, shall on demand pay to the guest depositing or leaving such property the surplus, if any, remaining after such sale; (c) that the debt for the payment of which a sale is made shall not be any other or greater debt than the debt for which the property could have been retained by the proprietor as an innkeeper under his lien; (d) that, in the case of perishable property, as soon as conveniently may be either before or after such sale, and in the case of other property at least one month before any such sale, the proprietor shall cause to be inserted in newspaper circulating in Hong Kong an advertisement containing a notice of such sale or intended sale and giving shortly a description of the property sold or intended to be sold together with the name of the guest where known who deposited or left it. (Amended 36 of 1999 s. 3) [cf. 1878 c. 38 s. 1 U.K.] Cap 158 SCHEDULE [section 4] NOTICE Loss of or Damage to Guests' Property The liability under the Hotel Proprietors Ordinance, Cap 158, of an hotel proprietor to make good loss or damage to a guest's property- (a) extends only to the property of guests who have engaged sleeping accommodation at the hotel; (b) is limited to DOLLARS ONE THOUSAND ($1000.00) for any one article and a total of DOLLARS TWO THOUSAND ($2000.00) in the case of any one guest, except- (i) in the case of property which has been deposited for safe custody in which case such liability is limited to the declared value of the property; or (ii) in the case of property, the declared value of which does not exceed DOLLARS TEN THOUSAND ($10000.00), which has been offered for deposit; (c) does not cover motor-cars or other vehicles of any kind or any property left in them. This notice does not constitute an admission either that the Ordinance applies to this hotel or that liability thereunder attaches to the proprietor of this hotel in any particular case. 关于客人财物的损失或损毁事 根据《酒店东主条例》(第158章)，酒店东主对于补偿客人财物的损失或损毁而负有的法律责任- (a) 只限于已在其酒店保留住宿地方的客人的财物； (b) 就任何一名客人而言，每件物件以壹仟元($1000.00)为限，而总额则以贰仟元($2000.00)为限，但下列情况除外- (i) 对于已存放作安全保管的财物，上述法律责任以所报称的财物价值为限；或 (ii) 对于已提出作存放的财物，所报称的财物价值不超过壹万元($10000.00)者；(c) 并不包括汽车或任何种类的其他车辆或留在车辆内的任何财物。 本通告并不构成对上述条例适用于本酒店的承认，亦不构成对上述条例所订的法律责任在任何个别个案中加于本酒店的东主身上的承认。