Hong Kong Ordinances

BEDSPACE APARTMENTS ORDINANCE - SECT 33

Offences in relation to certificates of exemption and licences

(1) Where a certificate of exemption has been issued and is in force in
respect of a bedspace apartment, and any condition of such
certificate of exemption is contravened, the holder of the certificate of 
exemption commits an offence unless he proves that-

   (a)  he did not know and had no reason to suspect the existence of the
        circumstances giving rise to the contravention; and

   (b)  he could not, by the exercise of reasonable supervision and reasonable
        diligence, have prevented those circumstances arising.

(2) Where a licence has been issued in respect of a bedspace  apartment, and
any requirement under section 18 is contravened or any condition of the
licence is contravened, the licensee of the bedspace  apartment commits an
offence unless he proves that-

   (a)  he did not know and had no reason to suspect the existence of the
        circumstances giving rise to the contravention; and

   (b)  he could not, by the exercise of reasonable supervision and reasonable
        diligence, have prevented those circumstances arising.

(3) Any person who-

   (a)  in or in connection with any application under this Ordinance-

        (i)    makes any statement, whether oral or written; or

        (ii)   furnishes any information, which is false in any material
               particular and which he knows or reasonably ought to know is
               false in such particular; or

   (b)  obstructs the Authority or any public officer in the exercise or
        performance of any of his powers or functions under this Ordinance; or

   (c)  fails to serve any notice under and in manner prescribed by
        section 7(7); or

   (d)  refuses to produce any book, document or other article or thing or to
        furnish any information upon being required to do so under section  20
        (1)(b)(i); or

   (e)  upon being required under section 20(1)(b)(i), furnishes any book,
        document or information which is false in a material particular and
        which he knows or reasonably ought to know is false in such
        particular; or

   (f)  fails to comply with the requirements of a direction given under
        section 21(1) within the period of time specified in the notice served
        under that section; or

   (g)  fails to serve any notice under and in manner prescribed by
        section 23(9); or

   (h)  not being a person described in section 30(5)(a) or (b), enters or is
        in a bedspace apartment while an order under section 7(3) is for the
        time being in force; or

   (i)  not being a person described in section 30(5)(a), (b) or (c), enters
        or is in a bedspace apartment while an order under section 23(3) is
        for the time being in force, commits an offence.

(4) Any person who commits an offence under subsection (1), (2) or

(3) is liable on conviction to a fine of $50000 and to imprisonment for 1 year
and to a further fine of $10000 for each day or part of a day during which the
offence has continued. (Enacted 1994)