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Following is a question by the Hon Alice Mak and a written reply by the Secretary for Home Affairs, Mr Lau Kong-wah, in the Legislative Council today (June 22):
Question:
It has been reported that recently, some caravans have been placed on private agricultural land on Lantau Island on a long-term basis for rent as short-term accommodation. These caravans, which are equipped with water, electricity and air-conditioning, are well received by middle-income families and are often fully booked. It is learnt that travelling around in caravans has long been quite popular abroad, and travelling in this way gives travellers the opportunity to get close to nature while continuing to enjoy the convenience of modern life (e.g. water, electricity and air-conditioning). In Hong Kong, renting out caravans as short-term accommodation may involve changes in land use and installation of facilities such as water, electricity and sewerage disposal, etc. Some members of the public have pointed out that there is legislation in overseas countries, such as the United Kingdom, to regulate matters relating to caravans travelling on roads and their parking locations, etc. In this connection, will the Government inform this Council:
(1) whether it knows the current number of caravans available for rent in Hong Kong; whether there is currently any dedicated legislation regulating matters relating to caravans travelling on roads and their parking locations, etc.; if there is, of the details;
(2) of the legislation regulating the renting out of caravans for use as short-term accommodation and the details (including the licences which an operator is required to obtain); the measures the Government has taken to help operators comply with the statutory requirements and obtain the relevant licences; and
(3) whether it has reviewed the relevant legislation with a view to streamlining the procedure for application for the relevant licences for renting out caravans as short-term accommodation so as to promote this new form of tourism and leisure activity and enable more members of the public to get close to nature?
Reply:
President,
My reply to the Hon Mak's question on caravans is as follows:
(1) According to the information from the Transport Department, no caravan is granted a vehicle licence under the Road Traffic Ordinance (Cap 374) in Hong Kong. Rental caravans currently placed at individual locations cannot be driven on roads and are not regulated by the Road Traffic Ordinance.
(2) and (3) As regards fixed caravans providing short-term sleeping accommodation at a fee, if their mode of operation falls within the definition of "hotel" and "guesthouse" under the Hotel and Guesthouse Accommodation Ordinance (Cap 349) (the Ordinance), a hotel or a guesthouse licence must be obtained before operation. According to the Ordinance, "hotel" and "guesthouse" mean any premises whose occupier, proprietor or tenant holds out that, to the extent of his available accommodation, he will provide sleeping accommodation at a fee for any person presenting himself at the premises. However, premises in which all accommodation is provided for a period of 28 continuous days or more for each letting are excluded from the application of the Ordinance, as stipulated in the Hotel and Guesthouse Accommodation (Exclusion) Order (Cap 349C). The Ordinance seeks to ensure that premises intended to be used as hotels or guesthouses comply with the statutory structural and fire safety standards in order to safeguard the lodgers and the public.
Caravans intended to be used as hotels or guesthouses are required to meet relevant safety standards, and the locations where they are placed also have to meet relevant land use requirements. Moreover, if the businesses or activities involved are governed by other ordinances, the persons concerned are required to apply for appropriate licences or permits under such ordinances and comply with the provisions of other relevant deeds or contracts; otherwise, they have to bear the corresponding legal consequences.
The Office of the Licensing Authority (the Office) under the Home Affairs Department is responsible for implementation of the Ordinance, and has formulated a set of licensing procedures and conditions applicable to the handling of rental caravans providing hotel or guesthouse services. However, the Office has so far not received any application for caravans to be used as hotels or guesthouses. If such application is received, the Office will, in accordance with the procedures, deploy staff to conduct on-site inspection and assessment for each application and, in light of the actual circumstances of the case, process the application concerned and devise specific licensing requirements. As stated above, the Ordinance seeks to ensure that premises intended to be used as hotels or guesthouses comply with the relevant safety standards in order to safeguard the lodgers and the public. Therefore, the Office will issue a hotel or a guesthouse licence to the applicant only after it has confirmed that the caravan intended to be used as a hotel or a guesthouse has complied with the structural and fire safety standards.
Ends/Wednesday, June 22, 2016
Issued at HKT 12:30
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