INNKEEPERS' LIABILITY ORDINANCE, 1870
Title
INNKEEPERS' LIABILITY ORDINANCE, 1870
Description
No. 3 of 1870.
To amend the Law respecting the liabilities of Innkeepers.
[26th August, 1870.]
1. The Innkeepers' Liability Ordinance, 1870.
2. In this 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. An innkeeper shall in no case be liable to make good to his
guest any loss of or injury to goods or prperty brought to his inn
by such guest,unless the same have or has been stolen,lost, or
injury through the wilful act,default,of neglect of such inkeeper
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 reasonable expected of him to protect
his guest against shall loss of injury.
4.An innkeeper shall not be liable to make good to his guest
any loss of or injury to or property hrought to his inn by such
guest to a greater amount than 500 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 ay manager
or other person entrusted by him with the general control and man-
agement 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) 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 receptable 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 5,000 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 innkeeper refuses to receive for safe custody,as here-
inbefore mentioned, any goods or property of his guest, the declared
value of which does not exceed 5,000 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 Ordnance in respect of such goods or
property.
7. Every innkeeper shall canse at least one copy of this Ordi-
nance, printed in plain type, in English and Chinese,to be exhibited
in a conspicuous 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.
Short title. Interpretation of terms. [26 & 27 Vict.c. 41.] General limitation of innkeeper's liability. Limitation of innkeeper'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.
To amend the Law respecting the liabilities of Innkeepers.
[26th August, 1870.]
1. The Innkeepers' Liability Ordinance, 1870.
2. In this 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. An innkeeper shall in no case be liable to make good to his
guest any loss of or injury to goods or prperty brought to his inn
by such guest,unless the same have or has been stolen,lost, or
injury through the wilful act,default,of neglect of such inkeeper
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 reasonable expected of him to protect
his guest against shall loss of injury.
4.An innkeeper shall not be liable to make good to his guest
any loss of or injury to or property hrought to his inn by such
guest to a greater amount than 500 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 ay manager
or other person entrusted by him with the general control and man-
agement 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) 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 receptable 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 5,000 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 innkeeper refuses to receive for safe custody,as here-
inbefore mentioned, any goods or property of his guest, the declared
value of which does not exceed 5,000 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 Ordnance in respect of such goods or
property.
7. Every innkeeper shall canse at least one copy of this Ordi-
nance, printed in plain type, in English and Chinese,to be exhibited
in a conspicuous 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.
Short title. Interpretation of terms. [26 & 27 Vict.c. 41.] General limitation of innkeeper's liability. Limitation of innkeeper'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.
Abstract
Short title. Interpretation of terms. [26 & 27 Vict.c. 41.] General limitation of innkeeper's liability. Limitation of innkeeper'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.
Identifier
https://oelawhk.lib.hku.hk/items/show/790
Edition
1912
Volume
v1
Subsequent Cap No.
158
Cap / Ordinance No.
No. 3 of 1870
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“INNKEEPERS' LIABILITY ORDINANCE, 1870,” Historical Laws of Hong Kong Online, accessed November 16, 2024, https://oelawhk.lib.hku.hk/items/show/790.
