Hong Kong Ordinances

BEDSPACE APARTMENTS ORDINANCE - SECT 3

Application

(Past version on 01/07/2002).
(Past version on 09/06/2000).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) This Ordinance shall not apply to-

   (a)  any premises to which the provisions of the Hotel and 
        Guesthouse Accommodation Ordinance ( Cap 349) apply;

   (b)  any premises to which the provisions of the Child Care Services 
        Ordinance ( Cap 243) apply; (Amended 32 of 2000 s. 38)

   (c)  any dormitory, hostel or similar accommodation which is managed by a
        school registered under the Education Ordinance ( Cap 279), or which
        is maintained by any university or any institution that provides post
        secondary education within the meaning of section 3 of the Education 
        Ordinance ( Cap 279);

   (d)  any premises used for the provision of sleeping accommodation by any
        employer to his employees and their families, whether or not any
        monetary consideration is received by the employer therefor; or

   (e)  any hospital or nursing home, or any home for convalescents or for
        elderly or disabled persons, or any other premises used for the
        provision of sleeping accommodation to any class of persons under
        authority given by or with the recognition of the Secretary for Labour
        and Welfare. (Amended L.N. 106 of 2002; L.N. 130 of 2007)

(2) The Authority may-

   (a)  for reasons connected with the means of ingress or egress, design,
        construction, structure or size of, or the equipment, installations or
        facilities in, any bedspace apartment or the location of any
        bedspace apartment in the building in which it is situated; or

   (b)  for reasons connected with the type or description of any premises, by
        order exclude any such bedspace apartment or any such type or
        description of premises from the application of this Ordinance.

(3) Any order made under subsection (2)-

   (a)  shall be published in the Gazette;

   (b)  may be made subject to such conditions or take effect for such period
        of time as the Authority considers fit; and

   (c)  shall specify the conditions (if any) and the period (if any)
        mentioned in paragraph (b). (Enacted 1994)