BOARDING-HOUSE ORDINANCE, 1917

BOARDING-HOUSE ORDINANCE, 1917

.No. 23 of 1917.

. An Ordinance to Provide for the licensing and control of places
where persons are lodged foT hire.

[12th October, 1917.]


1. This Ordinance may be cited as the Boarding-house
OrdinanIce, 1917.

2.-(1) In this Ordinance, 'boarding-house' shall include
every place. where any person is harboured or lodged for any
kind of hire or reward and where any domestic service whatsoever
is rendered by the owner, lessee, principal tenant, occupier or
master to the person so harboured or lodged : Provided that
the term shall not include any boarding-house for non-Chinese
seamen within the meaning of the Merchant Shipping Ordinance,
1899.

(2) In particular, and without prejudice to sub-section (1)
and notwithstanding anything therein contained, ' boarding-
house' in this Ordinance shall include the-following-

(a) hotels;
(b) board-houses
(c) common lodging-houses or Ku Li Kun ( )
(d) places where employers,lodge their employees, of,either
sex and of whatever occupation ; and

(e) the premises of societies within the meaning of the
Societies Ordinance, 1920, Where persons pass the night.

3.-(1) It shall be lawful for the Governor in Council to
make rules for the following purposes-
(a) the classification and definition of different kinds of
boarding-houses;

See. No. 12 of 1923 [Vaccination], s. 8,
As amended by No. 9 of 1935 [1.l.36] and Law Rev. Ord., 1939. Supp. Sched.





(b) the registration and licensing of boarding-houses;
(c) the suspension and cancellation of such licences;
(d) the fixing of fees to be paid in respect of such licences;
(e) the management and control of boarding-houses;
(f) the authorization. of persons to make searches for the
purposes of this Ordinance; and
(g) generally for the purpose of carrying into effect the
provisions of this Ordinance.

(2) Any such rules may refer only to some particular class
of boarding-house.

4. No person shall open or keep any place as a boarding
house except under and in accordance with a licence issued under
this Ordinance.

5.-(1) The Secretary for Chinese Affairs. or the Commis-
sioner of Police or the Harbour Master or the Chairman of the
Urban Council, or any person authorized thereto in writing by
any of the said officers or authorized thereto by any rule made
under this Ordinance, may at any hour search any place which
either.is a boarding-house licensed under rules made under this
Ordinance or is suspected of being such a boarding-house as
should bd licensed under rules made under this Ordinance.

(2) Such officer br person may-
(a) break open any outer or inner door of any such place;

(b) forcibly enter any such place and every part thereof;
(c) remove by force any personal or material obstruction to
any such search;

(d) detain every person found in any such place until such
place has been searched,.

(e) seize, remove and detain anything with respect to which
any offence against any rule made under this Ordinance may
,appear to have been committed or which may appear to be or to
contain evidence of any such offence ;

(f) search the person and property of any person found in
any such place: Provided that no female person shall be.

As amended by Law Rev. Ord., 1939, Supp. Sched.





searched except by a fernale, and provided that no person shall
be searched in a public place if-he objects to be so starched.

(3) No pers6n shall obstruct. any such search.

6. Upon the failure of any condition otany bond prescribed
by any rule made under this Ordinance, the sum secured by the
bond shall be deemed to be a debt due to the Crown and may be
recovered in the same 'manner as Crown rents are recovered upon
a certificate purporting to be under the hand of the Colonial
Treasurer.

7. Every person who contravenes any of the provisions of
this Ordinance or of anv rule made thereunder shall upon
summary conviction be liable to the following. penalties-

(a) for a first offence, to a fine not exceeding one thousand
dollars or to imprisonment for any term not exceeding six
months;

(b) for a second or subsequent offence, to a fine not exceed-
ing two thousand dollars or to imprisonment for any term not
exceeding twelve months.

8.-(1) Wherever any licensee would.be liable under this
Ordinance to any pecuniary penalty or forfeiture for anything
done or omitted Af such thing were done or omitted by him
personally, he shall be liable to the same pecuniary penalty or
forfeiture if such thing has in fact been done or omitted by his
partner, agent or servant.

(2) Every person who appears to be employed in or about
any boarding-house licensed under this Ordinance shall, for the
purposes of this section, be deemed to be a servant of the
licensee.

(3) Nothing in this section shall be construed as relieving
any such partner, agent or servant from any penalty or forfeiture
to which he would otherwise be liable.

9. Nothing in this Ordinance shall limit the operation of any
other enactment relating to boarding-houses.

As amended by No. 36 of 1931 [1.1.32] arrd Law Rev. Ord., 1939,
Supp. Sched.
As amended by Law Rev. Ord., 1939, Supp. Sched.,
[Orginally No. 23 of 1917. No. 18 of 1929. No. 36 of 1931. No. 7 of 1935. No. 9 of 1935. No. 25 of 1937. Law Rev. Ord., 1939.]* Short title. Interpretaton. Ordinance No. 10 of 1899 Ordinance No. 8 of 1920. Rules. Prohibition of keeping boarding-house without licence. Search. Frofeiture of bond. [cf. No. 6 of 1865.] Penalties. Responsibility for acts of partners, agents and servants. Savings.*

[Orginally No. 23 of 1917. No. 18 of 1929. No. 36 of 1931. No. 7 of 1935. No. 9 of 1935. No. 25 of 1937. Law Rev. Ord., 1939.]* Short title. Interpretaton. Ordinance No. 10 of 1899 Ordinance No. 8 of 1920. Rules. Prohibition of keeping boarding-house without licence. Search. Frofeiture of bond. [cf. No. 6 of 1865.] Penalties. Responsibility for acts of partners, agents and servants. Savings.*

https://oelawhk.lib.hku.hk/items/show/1548

1937

v3

132

No. 23 of 1917

3