接受《南華早報》採訪,講解過夜Party Room有可能違反《旅館業條例》

接受《南華早報》採訪,講解Party Room提供睡床讓客戶過夜,有可能被視為無牌旅館,違反《旅館業條例》,營運者有機會留有案底。

除此以外,Party Room提供遊戲機讓顧客「打機」,需令有遊戲機中心牌照;提供卡拉OK設備讓顧客「唱K」,需領有卡拉OK場所牌照,提供麻雀枱則需領有麻將/天九牌照,提供Poker枱則可能直接被視為非法賭場,因為香港目前沒有相關牌照而且禁止賭博。

// … Lawyer Eric Chan Pak-ho said party rooms offering a sofa bed and overnight sessions could be operating in a grey area if they did not obtain a guest house licence.

Hong Kong did not have any specific regulations for party rooms, but operators could need to obtain licences designating them as an amusement game centre, mahjong parlour or karaoke establishment based on the amenities they provided, he added.

According to the Hotel and Guesthouse Accommodation Ordinance, a guest house licence is required “if the premises are held out as providing sleeping accommodation to any persons presenting themselves who are willing to pay a fee for the sleeping accommodation”.

Chan said operators without such a licence could face the risk of breaching the ordinance if they said or hinted that customers could sleep in the space.

“Party rooms may seek to exploit the grey area that they are not formally ‘holding out as providing sleeping accommodation’,” he said.

“The fact that there is a sofa bed, that it is explicitly stated that there is no CCTV and the promotion materials that say or hint that the customers may sleep there is all relevant evidence for the court to consider.”

He said customers might also face legal risks if they were found sleeping in party rooms without a guest house license.

Lawmaker Doreen Kong Yuk-foon noted that no government department was tasked with monitoring party rooms, which might be a loophole that operators could exploit. //

全文請查閱《南華早報》網站:https://www.scmp.com/news/hong-kong/society/article/3298788/hong-kong-party-rooms-where-no-surveillance-selling-point

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