INNKEEPERS' LIABILITY ORDINANCE, 1870

INNKEEPERS' LIABILITY ORDINANCE, 1870

No. 3 of 1870.

An Ordinance to amend the law respecting the liabilities of
innkeepers.
[26th August, 1870.]

1. This Ordinance may be cited as the Innkeepers'
Liability Ordinance, 1870.

As amended by No. 16 of 1923,
As amended by Law Rev. Ord., 1923. See also No. 29 of 1912.
As amended by Law Rev. Ord., 1923.





2. In this Ordinance,

(a) Inn means any hotel, inn, or other place, or other place of refresh-
ment, the keeper of which is now by law responsible for the
goods and property of his guests.
(h) Innkeeper means the keeper of any such place and
includes a public company.

3. An innkeeper shall in no case be liable to make good
to his guest any loss of or injury to goods or property brought
to his inn by such guest, unless the same have or has been
stolen, lost, or injured through the wilful act, default, or
neglect of such innkeeper, or any servant in his employ
Provided always that, in any action or other proceeding
instituted to recover compensation for such loss or injury,
the fact of such loss or injury shall be deemed prima facie
evidence of negligence, and that no innkeeper shall be
entitled to the benefit of this section unless he shows that
he used the utmost care that could be reasonably expected
of him, to protect his guest, against such loss or injury.

4. An innkeeper shall not be liable to make good to his
guest any loss of or injury to goods or property brought to
his inn by such guest to a greater amount than five hundred
dollars, unless such goods or property have or has been
deposited with him for safe custody, under the provisions
next hereinafter contained : Provided always that this section
shall not be deemed to limit the liability of the innkeeper in
any case where there is proof of any wilful act, neglect, or
default, or of fraud or collusion in connexion with such loss
or injury, on the part of the innkeeper himself or of any
manager or other person entrusted by him with the general
control and management of the inn.

5. Every innkeeper shall be bound to receive from his
guest on demand, for the purpose of safe custody, any goods
or property, and to give a deposit note stating the value
thereof, subject to the following conditions

(1) tha the shall, at the time of such deposit, declare
the value of such goods or property; and

(2) that the guest shall, if so required by the innkeeper,
provide a box or other receptacle for such deposit and fasten
and seal the same:


Provided always that the innkeeper may refuse to receive
for safe custody goods or property of any one guest, the
declared value of which exceeds five thousand dollars, and
that he shall in no case be liable for loss of or injury to
goods or property so deposited by a guest to all amount
exceeding the declared value thereof.

6. If any innkeeper refuses to receive for safe custody, as
hereinbefore mentioned, any goods or property of his guest,
the declared value of which does not exceed five thousand
dollars, or if any such guest, through any default of such
innkeeper, is unable to deposit such goods or property as
aforesaid, such innkeeper, shall not be entitled to the benefit
of this Ordinance in respect of such goods or property.

7. Every innkeeper shall cause at least one copy of this
Ordinance, printed in plain type, in English and Chinese, to
be exhinited in a conspicuous part of the hall or entrance to
his inn, and he shall be entitled to the benefit of this Ordi-
nance in respect of such goods or property only as may be
brought to his inn while such copy is so exhibited.
[Originally No. 11 of 1870. Law Rev. Ord., 1923.] 26 & 27 Vict.c. 41. Short title. Interpretation. General limitation of innkeeper's liability. Limitation of innkeepe's liability where goods not deposited for safe custody. Innkeeper to receive property of guest for safe custody. Innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance.

[Originally No. 11 of 1870. Law Rev. Ord., 1923.] 26 & 27 Vict.c. 41. Short title. Interpretation. General limitation of innkeeper's liability. Limitation of innkeepe's liability where goods not deposited for safe custody. Innkeeper to receive property of guest for safe custody. Innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance.

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