Hong Kong supplies many serviced apartments for business person, short term tenant and other people in demand. Many are attracted to live in. There are more and more serviced apartments, but Hong Kong haven't issued any special ordinance.
Hotel Industry Regulation is used by government to regulate and control hotel living, hotel safe and related purpose, but it does not specially define "Hotel', "Guest house" or "Serviced apartment".
According to (Chapter349), "Hotel" means any location that in certain scope and under suitable situation its owner supply to anyone arrive who is capable of and willing to pay reasonable fee for the service and facility. Anyone who plan to operate, open, manager or other way to control following locations (hotel, guest house, motel, holiday camp, and holiday house units) must apply for valid license in advance.
Which means, if this location can supply accommodation to anyone arrive who is capable of and willing to pay, then this location conform with the definition of "Hotel" in Hotel Industry Regulation, and the title deed, design or facility of this location should meet the requirement of Buildings Ordinance and Fire Control Regulation. So it needs valid license.
However, the regulation includes remitted term. According to chapter 3 of Hotel Industry Regulation, Secretary for Home Affairs has right to quote Hotel Industry Exemption Order to remitted some hotel or some kind of hotel to free from the effect of the regulation.
While according to Hotel Industry Exemption Order (Law of Hong Kong), except child service location, society location, bed space apartment, Nursing Home and Disabled person living place which are not regulated by Hotel Industry Regulation, there is still one remitted term. As following:
Locations under following situations: in the scope of the location, the renting term of each time is continuing 28 days, while if this renting is less than continuing 28 days under any reasons, the renting fee will not exempted, returned or decreased.
In short, property being rent out above 28 days can out of the regulation of Hotel Industry Regulation under this term. Which means, if serviced apartment only supply renting above 28 days, it is remitted by the Hotel Industry Regulation and no need to apply any hotel operation license; But serviced apartment which supply 28 days or under 28 days renting plan like daily renting serviced apartment need to apply license and regulated by Hotel Industry Regulation.
|Property style||Let out less than 28 days||Let out more than 28 days|
|Child service location||X||X|
|Bed space apartment||X||X|
|Disabled person living place||X||X|