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"This is quite unsatisfactory in that if remedial works cannot be carried out following closure, there will be no way to improve and reopen the premises for use as a hotel or guesthouse," he noted.
In this connection, it is proposed that a person authorised in writing by the Secretary for Home Affairs may enter into a hotel or guesthouse to execute remedial works while a closure order is in force.
"To streamline the operation of the licensing scheme by LA, a new provision will also be included to specify the time limit for prosecution of offences. Under the Magistrates Ordinance, LA is barred from initiating prosecution if an offence has been committed more than six months before the authority issues the summons.
"The new provision specifies that the time bar for prosecution of offences shall be either six months of the commission of the offence or six months of the offence being discovered by or coming to the notice of LA, whichever is the later," Mr Suen said.
On the issue of notices for remedial works and in relation to closure order, Mr Suen said the Government had proposed that they could be served by posting them in a conspicuous part of the premises.
This would assist operationally as serving of these notices to the responsible persons by registered post or in person under the ordinance would be difficult when the whereabouts or identity of the persons were not known.
In respect of licensing, the Administration also recommended that LA be empowered to issue and renew hotel and guesthouse licences valid for up to three years in order to obviate the need for annual licence renewal.
"The LA's approval of three-year licences will be considered on a case by case basis. In principle, such approval will be granted only to establishments that have consistently adhered to the fire and building safety standards and would not abuse the licensing control," Mr Suen added.
End
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