HOTELS (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 2003

Hotels (Federal Territory of Kuala Lumpur) LAWS OF MALAYSIA REPRINT Act 626 HOTELS (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 2003 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 HOTELS (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 2003 Date of Royal Assent ... ... ... … … Date of publication in the Gazette … … 29 July 2003 7 August 2003 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2004 3 LAWS OF MALAYSIA Act 626 HOTELS (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 2003 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II LICENSING 3. Prohibition 4. Application for and grant of licence 5. Documents and information required 6. Duration and renewal of licence 7. Licence for hotel may be issued jointly with other licences 8. Temporary licence 9. Licence to be exhibited and produced 10. Deposit 11. Transfer of licence 12. Suspension or revocation of licence 13. Appeals PART III ENFORCEMENT 14. Power to investigate 4 Laws of Malaysia Section 15. Search by warrant 16. Search without warrant 17. Search of female person 18. Power to close a hotel 19. Power of entry 20. Power to require name, etc., to be given 21. Examination of person acquainted with case 22. Power to arrest 23. List of things seized 24. Forfeiture 25. Things or goods subject to speedy and natural decay 26. Obstruction, etc. PART IV MISCELLANEOUS 27. Offence by servant or agent 28. Offence by body corporate 29. General penalty 30. Prosecution 31. Jurisdiction of Magistrate 32. Compounding of offences 33. Money to be paid into fund 34. Powers of police officers under this Act 35. Power to make regulations 36. Repeal 37. Continuance of rules, etc. ACT 626 Hotels (Federal Territory of Kuala Lumpur) 5 LAWS OF MALAYSIA Act 626 HOTELS (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 2003 An Act to provide for the licensing and regulations of hotels in the Federal Territory of Kuala Lumpur and for matters connected therewith. [1 April 2004, P.U. (B) 144/2004] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Hotels (Federal Territory of Kuala Lumpur) Act 2003. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “this Act” includes regulations made under this Act; “Commissioner” means the Commissioner of the City of Kuala Lumpur appointed under section 4 of the Federal Capital Act 1960 [Act 190]; “hotel” means any premises where— (a) persons are harboured or lodged for hire or reward of any kind; and 6 Laws of Malaysia ACT 626 (b) rooms are furnished by the owner, lessee, principal tenant, occupier or manager of such premises for the domestic use of the persons so harboured or lodged, but does not include— (aa) any premises on which the activities mentioned in paragraphs (a) and (b) are being carried on by or on behalf of the Federal Government or the Government of any State or any statutory body established by any written law; (bb) any private healthcare facility, child care centre or care centre the establishment or operation of which is controlled or regulated under any other written law; (cc) any hostel established by or on behalf of any private educational institution or private higher educational institution and controlled or regulated under any other written law; or (dd) any premises let out on landlord and tenant basis; “licensed hotel” means a hotel in respect of which a licence is in force; “licence” means a licence granted under section 4 or a temporary licence granted under section 8; “Minister” means the Minister responsible for local government in the Federal Territory of Kuala Lumpur; “person” includes a body of persons, corporate or unincorporate, a joint venture or trust; “licensee” means a person who is granted a licence; “occupier” means the person in occupation of the premises in respect of which the word is used, or having the charge, management or control of the premises either on his own account or as an agent of another person, but does not include a lodger; “condition” or “restriction”, when used in connection with a licence, means a condition or restriction imposed under subsection 4(4). Hotels (Federal Territory of Kuala Lumpur) 7 PART II LICENSING Prohibition 3. (1) No person shall operate a hotel unless he has been granted a licence by the Commissioner in respect of the hotel in accordance with the provisions of this Act. (2) No person shall manage a hotel unless the hotel is a licensed hotel. (3) A person who contravenes subsection (1) or (2) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both, and in the case of a continuing offence shall in addition be liable to a fine not exceeding one thousand ringgit for each day the offence continues to be committed. (4) For the purposes of this section— (a) a person who is the owner, lessee, principal tenant, occupier or manager of any premises used as a hotel shall, unless the contrary is proved, be deemed to be operating the hotel; and (b) any person who for the time being is engaged in the management or in control of the hotel shall, unless the contrary is proved, be deemed to be managing the hotel. Application for and grant of licence 4. (1) An application for a licence— (a) shall be made in writing to the Commissioner in such form as he may determine; and (b) be accompanied by evidence that the applicant has been registered under the Tourism Industry Act 1992 [Act 482]. (2) The Commissioner may, at his discretion, grant a licence or refuse to grant a licence to the applicant. 8 Laws of Malaysia ACT 626 (3) Where an application for a licence is granted, the licence shall be issued upon payment of the prescribed fee. (4) The licence may be made subject to such conditions or restrictions as the Commissioner may think fit to impose. Documents and information required 5. For the purpose of considering an application for a licence, the Commissioner may require the applicant to produce to him such documents or to furnish such information as he may specify. Duration and renewal of licence 6. (1) A licence shall be valid for such period as the Commissioner may determine. (2) The Commissioner may, at his discretion, renew a licence or refuse to renew a licence. Licence for hotel may be issued jointly with other licences 7. (1) A licence granted under this Act may be issued jointly with any other licence which the Commissioner has power to grant or issue under any other written law in respect of the hotel or any activity carried on in or by or in conjunction with the hotel. (2) Where a licence granted under this Act has been issued jointly with any other licence or licences, the revocation of the other licence or any of the other licences shall not affect the validity of a licence granted under this Act. Temporary licence 8. (1) Pending the consideration by the Commissioner of an application for a licence, the Commissioner may if he is satisfied that the applicant has complied with such conditions and requirements as may imposed by the Commissioner, issue a temporary licence to the applicant. (2) The temporary licence issued under subsection (1) shall be valid for a period of six months from the date of issue. Hotels (Federal Territory of Kuala Lumpur) 9 (3) Subject to subsection (4), the period of validity of a temporary licence may be extended for a period of six months on an application made in writing by the applicant on or before the expiry of the first period but may not be further extended. (4) Where an application for a licence under section 4 is refused by the Commissioner under subsection 4(2), the temporary licence shall cease to be valid. (5) The fee chargeable for a temporary licence or its extension shall be twice the fee payable in subsection 4(3). (6) The holder of a temporary licence shall have similar rights, duties, liabilities and obligations as that of a holder of a licence issued under section 4. Licence to be exhibited and produced 9. (1) A licensee shall exhibit his licence at all times at a conspicuous place in the licensed hotel and shall produce such licence if required to do so by the Commissioner or any authorized officer. (2) A licensee who fails to exhibit or to produce his licence under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both. (3) For the purpose of this section, a reference to a “licence” shall include a copy of the licence certified by the Commissioner to be a true copy of the licence. Deposit 10. (1) The Commissioner may, before issuing a licence or at any time after that, require a licensee to make a deposit in such sum of money as he may determine to ensure that the conditions or restrictions of the licence and the provisions of this Act are duly observed. (2) The Commissioner may forfeit the deposit in whole or in part if he is satisfied that there has been a breach of any conditions or restrictions of the licence or a contravention of any provision of this Act. 10 Laws of Malaysia ACT 626 (3) The Commissioner shall not forfeit the deposit unless the licensee has been given an opportunity to be heard. (4) Nothing in this section shall be construed so as to preclude a licensee whose deposit has been forfeited under subsection (2) from liability to prosecution. Transfer of licence 11. No licensee shall transfer his licence to any other person without the prior written approval of the Commissioner. Suspension or revocation of licence 12. (1) The Commissioner may at any time suspend or revoke a licence granted under this Act if there has been a breach of any condition or restriction of the licence or a contravention of any provision of this Act. (2) The Commissioner shall not suspend or revoke a licence unless the licensee has been given an opportunity to be heard. (3) The Commissioner shall notify the licensee of a licensed hotel of the suspension or revocation of his licence— (a) by affixing a copy of the notice at a conspicuous place on the premises of the licensed hotel; (b) by serving a copy of the notice on the person who has the management or control of the licensed hotel; or (c) by serving a copy of the notice on the licensee himself if the licensee is not the person referred to in paragraph (b). (4) Any person who operates or manages a hotel during the period when the licence granted in respect of the hotel is suspended, commits an offence. Appeals 13. (1) A person who is aggrieved— (a) by the refusal of the Commissioner to grant him a licence or to renew his licence; Hotels (Federal Territory of Kuala Lumpur) 11 (b) by the revocation or suspension of his licence; (c) by the imposition of any condition or restriction in respect of a licence granted to him; or (d) by the forfeiture of a deposit under section 9, may, within thirty days after being informed in writing of the refusal or revocation, or the imposition of the condition or restriction, or the forfeiture, as the case may be, appeal against such decision to the Minister. (2) The Minister after considering an appeal made under subsection (1), may confirm or set aside the decision appealed against, and the decision of the Minister shall be final. (3) This section shall not apply to a holder of a temporary licence. PART III ENFORCEMENT Power to investigate 14. The Commissioner or any authorized officer may investigate any offence under this Act. Search by