CO129-616-6 Hotels Ordinance- 1949 21-2-1949 - 21-2-1949 — Page 169

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deserving of mention, and it is this. The Committee's Report refers resident guests. In fact, it was found in preparing legislation that the term "resident guest" was not in fact capable of precise definition. Furthermore, it was appreciated that the intention of the Committee was to protect by reservation of accommodation and by control of rates, the "Hong Kong resident" meaning, a person who is resident in Hong Kong for the reason that his occupation is in Hong Kong. The term "Hong Kong resident" is defined in the Regulation.

Sir, it will be seen from Regulation 2 that the regulations will apply only to the hotels specified in the first schedule to the regulations, that is to say, the hotels named in the Committee's Report, and that will be the extent of application unless and until the first Schedule is amended. The first Schedule to the Regulations shows not only, as I have said, the list of hotels to which the Regulations apply, but also shows the percentage of accommodation which each of these hotels must reserve for the Hong Kong resident. Again those percentages exactly reproduce the recommendations of the Report.

The fifth Schedule describes the maximum weekly rates for accommodation and the sixth Schedule reproduces the monthly charges recommended by the Committee which may be made for electricity other than electricity used for lighting purposes.

As 1 have said, the Regulations have adhered closely to the recommendations of the Committee, but necessarily in the drafting of the Regulations there has been need to deal with precision with certain ancillary matters which are bound in the administration of the Regulations to be dealt with. For instance Regulation 9(2) shows that the controlled rates will be applicable to a Hong Kong resident only where he has made a declaration of his intention to remain in the hotel at least for a period of 4 weeks. Again, as regards reserva- tion for accommodation of Hong Kong residents, regulation 8 makes it clear that it will be possible, with the consent of the Quartering Authority, for accommodation reserved for Hong Kong residents to be allowed to persons who are not Hong Kong residents in cases where in fact a hotel can show that there are not enough Hong Kong residents to fill its available accommodation.

Now, Sir, reverting to the Bill it will be observed that the Bill provides for the repeal of the Price Control (Hotels) (Control of Charges) Regulations, 1948, and declares that any charges fixed thereunder shall be deemed never to have been applicable. Again, by clause 10 the Ordinance is to come into force upon such date as the Governor shall notify by proclamation, thus allowing of a time lag during which the necessary administrative arrangements can be made to give effect to the Bill on enactment and the regulations. Lastly, by clause 11 the duration of the Bill upon enactment is expressed to be limited to the 31st December, 1950, but on the analogy of the Landlord and Tenant Ordinance, 1947, it will be lawful for this Council from time to time by resolution to extend the duration of the Ordinance for such term not exceeding one year at a time as may be specified in such resolution.

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