Hong Kong Ordinances

BEDSPACE APARTMENTS ORDINANCE - SECT 12

Application for and issue of licence

PART IV

LICENCES

(1) An application for a licence in respect of a bedspace apartment shall be
made to the Authority in such form and manner as the Authority may determine.

(2) On receipt of an application under subsection (1), the Authority may-

   (a)  on being satisfied as to the proposed operation, keeping, management
        or other control of the bedspace apartment by the applicant or by
        another on his behalf, and on payment of the prescribed fee, issue to
        and in the name of the applicant a licence subject to such conditions
        as the Authority considers necessary or expedient for the regulation,
        supervision and control of the bedspace apartment; or

   (b)  refuse to issue a licence by notice in writing served on the applicant
        and stating the ground for the refusal.

(3) The Authority shall not determine an application under subsection (1)
unless-

   (a)  a public officer authorized by the Authority in writing for the
        purpose has been permitted to enter and inspect the premises intended
        to be used as the bedspace apartment; and

   (b)  the applicant has, upon request made by the Authority in writing,
        furnished the Authority with a plan or diagram in such form as the
        Authority may think fit, showing the design and layout of the premises
        to be used as the bedspace apartment.

(4) A licence issued under this section shall-

   (a)  be in such form as the Authority may determine;

   (b)  be endorsed with the conditions, if any, imposed under subsection
        (2)(a);

   (c)  unless revoked under section 15, be valid for a period of 12 months or
        such shorter period as the Authority may determine and as may be
        indicated in the licence; and

   (d)  authorize the person in whose name it is issued to operate, keep,
        manage or otherwise control, by himself or by another on his behalf, a
        bedspace apartment at the premises specified in the licence for the
        period mentioned in paragraph (c).

(5) The Authority may refuse to issue a licence if it appears to him-

   (a)  that for reasons connected with the means of ingress or egress,
        design, construction, structure or size of, or the equipment,
        installations or facilities in, the premises to be used as the
        bedspace  apartment, or the location of such premises in the building
        of which they form part or the type of such building, the premises
        that are to be used as the bedspace apartment are not fit to be so
        used;

   (b)  that such premises do not comply with any requirement of any
        code of practice or with any particular direction given by the
        Authority under section 19(1) in respect of such premises, or
        otherwise do not comply with any requirement under section 18; or

   (c)  that the operation, keeping, management or other control of the
        bedspace apartment would not be under the personal and continuous
        supervision of the applicant or of another on his behalf.

(6) A licence or a copy thereof purporting to be certified by or for the
Authority shall be evidence of the facts stated therein and shall be
admissible in evidence without further proof.

(7) A certificate purporting to be issued by or for the Authority and stating
that a bedspace apartment is licensed or not licensed shall be evidence of the
facts stated therein and shall be admissible in evidence without further
proof. (Enacted 1994)