INNKEEPERS' LIABILITY ORDINANCE, 1870
Title
INNKEEPERS' LIABILITY ORDINANCE, 1870
Description
Ordinance No. 3 of 1870.
An Ordinance to amend the Law respecting the Liabilities of Innkeepers.
[26th August, 1870.]
Be it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follow: --
1. This Ordinance may be citedd as the Innkeepers' Liability Ordinance, 1870.
2. In the Ordinance --
'Inn' means any hotel, inn, or other place of refreshment, the
keeper of which is now by law responsible for the goods and property of his guests:
'Innkeeper' means the keeper of any such place and includes a
public company.
3. From and after the commencement of this Ordinance, 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 evdience fo 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 hereinagter 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
keeper 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;
that is to say,-
(1) that the guest 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
under this section 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 an amount exceeding the declared value thereof.
6. If any innkeeeper refuses to receive for safe custody, as herein-
before 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 propety 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 exhibited in a con-
spicuous part of the hall or entrance to his inn, and he shall be entitled
to the benefit of this Ordinance in respect of such goods or property only
as may be brought to his inn while such copy is so exhibited.
A.D. 1870. Ordinance No. 11 of 1870. 26 & 27 Vict.c. 41. Short title. Interpretation of terms. General limitation of innkeeper's libaility. Limitation of innkeeper's liability where goods not deposited for safe custody. Obligation on innkeeper to receive property of guest for safe custody. Effect of innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance.
An Ordinance to amend the Law respecting the Liabilities of Innkeepers.
[26th August, 1870.]
Be it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follow: --
1. This Ordinance may be citedd as the Innkeepers' Liability Ordinance, 1870.
2. In the Ordinance --
'Inn' means any hotel, inn, or other place of refreshment, the
keeper of which is now by law responsible for the goods and property of his guests:
'Innkeeper' means the keeper of any such place and includes a
public company.
3. From and after the commencement of this Ordinance, 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 evdience fo 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 hereinagter 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
keeper 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;
that is to say,-
(1) that the guest 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
under this section 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 an amount exceeding the declared value thereof.
6. If any innkeeeper refuses to receive for safe custody, as herein-
before 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 propety 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 exhibited in a con-
spicuous part of the hall or entrance to his inn, and he shall be entitled
to the benefit of this Ordinance in respect of such goods or property only
as may be brought to his inn while such copy is so exhibited.
A.D. 1870. Ordinance No. 11 of 1870. 26 & 27 Vict.c. 41. Short title. Interpretation of terms. General limitation of innkeeper's libaility. Limitation of innkeeper's liability where goods not deposited for safe custody. Obligation on innkeeper to receive property of guest for safe custody. Effect of innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance.
Abstract
A.D. 1870. Ordinance No. 11 of 1870. 26 & 27 Vict.c. 41. Short title. Interpretation of terms. General limitation of innkeeper's libaility. Limitation of innkeeper's liability where goods not deposited for safe custody. Obligation on innkeeper to receive property of guest for safe custody. Effect of innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/580
Edition
1901
Volume
v1
Subsequent Cap No.
158
Cap / Ordinance No.
No. 3 of 1870
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“INNKEEPERS' LIABILITY ORDINANCE, 1870,” Historical Laws of Hong Kong Online, accessed January 24, 2025, https://oelawhk.lib.hku.hk/items/show/580.
