HOTELS (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 2003

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

persons are harboured or lodged for hire or reward of any kind; and

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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;

No person shall manage a hotel unless the hotel is a licensed hotel.

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.

For the purposes of this section—

shall be made in writing to the Commissioner in such form as he may determine; and

be accompanied by evidence that the applicant has been registered under the Tourism Industry Act 1992

[Act 482].

The Commissioner may, at his discretion, grant a licence or refuse to grant a licence to the applicant.

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Where an application for a licence is granted, the licence shall be issued upon payment of the prescribed fee.

The licence may be made subject to such conditions or restrictions as the Commissioner may think fit to impose.

Documents and information required

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

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

The temporary licence issued under subsection (1) shall be valid for a period of six months from the date of issue.

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Hotels (Federal Territory of Kuala Lumpur)

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.

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.

The fee chargeable for a temporary licence or its extension shall be twice the fee payable in subsection 4(3).

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

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.

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

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.

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The Commissioner shall not forfeit the deposit unless the licensee has been given an opportunity to be heard.

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

The Commissioner shall not suspend or revoke a licence unless the licensee has been given an opportunity to be heard.

The Commissioner shall notify the licensee of a licensed hotel of the suspension or revocation of his licence—

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

by the refusal of the Commissioner to grant him a licence or to renew his licence;

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Hotels (Federal Territory of Kuala Lumpur)

by the revocation or suspension of his licence;

by the imposition of any condition or restriction in respect of a licence granted to him; or

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.

The Minister after considering an appeal made under subsection

, may confirm or set aside the decision appealed against, and the decision of the Minister shall be final.

This section shall not apply to a holder of a temporary licence.

An authorized officer may, in the premises entered under subsection (1), inspect—

An authorized officer conducting a search under subsection

may, if in his opinion it is reasonably necessary to do so for the purpose of investigating into the offence, search any person who is in or on such premises.

An authorized officer making a search of a person under subsection (3) may seize or take possession of any books, accounts, documents, things or goods found on such person for the purpose of the investigation being carried out by such officer.

Where, by reason of their nature, size or amount, it is not practicable to remove any books, accounts, documents, things or goods seized under this section, the authorized officer making the seizure shall, by any means, seal such books, accounts, documents, things or goods in the premises or container in which they are found.

A person who, without lawful authority breaks, tampers with or damages the seal referred to in subsection (5) or removes any books, accounts, documents, things or goods under seal or attempts to do so, commits an offence.

Search without warrant

there has been a breach of any condition or restriction of the licence or a contravention of any provision of this

Act; and

such closure is necessary in the interest of public order, public health or morality.

The Commissioner or any authorized officer may close any hotel if he is satisfied that the hotel is operating without a valid licence.

The Commissioner may delegate the exercise of his power under subsections (1) and (2) to a committee appointed by him.

The committee appointed under subsection (3) shall not exercise the power to close any hotel under subsections (1) and

except by a majority decision of the committee.

Where a licensed hotel is closed under subsection (1), the licence by which the hotel is operating shall be deemed to be suspended during the period of closure and subsection 12(4) shall apply.

During the period of closure, the licensee of the licensed hotel shall take steps to ensure that all conditions and restrictions of the licence and the provisions of this Act are complied with.

If by the end of the period of closure the licensee still fails to comply with any condition or restriction of the licence or any provision of this Act, his licence shall be revoked.

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Power of entry

making any enquiry, inspection or investigation as to any offence suspected to have been committed under this

Act;

taking any necessary steps to physically close any hotel under section 18; and

doing any other acts necessary for the efficient administration of this Act.

Any person who wilfully obstructs the entry of any of the persons empowered or authorized under subsection (1) to enter into or upon any hotel, premise or building commits an offence.

Power to require name, etc., to be given

The person examined by the Commissioner or any authorized officer shall be legally bound to answer all questions relating to the case put to him by the Commissioner or authorized officer, but such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

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Hotels (Federal Territory of Kuala Lumpur)

The Commissioner or authorized officer examining a person under this section shall first inform that person of the provisions of subsections (2) and (3).

A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print after it has been read to him in the language in which he made it and he has been given an opportunity to make any corrections he may wish.

Power to arrest

whom he reasonably believes to have committed an offence under this Act; and

who refuses to give his name and address when it is requested for or if there is reason to doubt the accuracy of the name and the address given.

A person arrested under this section shall be taken to a police station and shall be brought before a Magistrate within twenty-four hours, unless before that time his true name and residence are ascertained, in which case such person shall be forthwith released on his executing a bond for his appearance before a Magistrate if so required.

When any such person is taken before a Magistrate, such

Magistrate may either require him to execute a bond, with or without a surety, for his appearance before a Magistrate if so required, or may order him to be detained in custody until he can be tried.

List of things seized

Where the premises are unoccupied, the authorized officer making the seizure shall post a list of the things seized conspicuously on the premises.

Forfeiture

The court before which the prosecution of any offence under this Act has been held, shall order the forfeiture of any books, accounts, documents, things or goods seized in connection with the offence if it is proved to the satisfaction of the court that an offence against any provision of this Act has been committed and that the books, accounts, documents, things or goods were the subject matter of or were used in the commission of the offence, even though no person may have been convicted of such offence.

If it is proved to the satisfaction of the court that no offence against any provision of this Act has been committed or that such offence has been committed but the books, accounts, documents, things or goods were not the subject matter of or were not used in the commission of the offence, the court may order their release.

If there is no prosecution with regard to any books, accounts, documents, things or goods seized in the exercise of any power conferred under this Act, the books, accounts, documents, things or goods shall be taken and deemed to be forfeited at the expiration of two weeks from the date of seizure unless a claim thereto is made before the expiration of that period in the manner provided in subsection (5).

Any person asserting that he is the owner of any books, accounts, documents, things or goods seized under this Act and that the books, accounts, documents, things or goods are not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the Commissioner or any authorized officer of his claim.

On receipt of a notice under subsection (5), the Commissioner or any authorized officer shall, after such enquiry as may be necessary, direct that the books, accounts, documents, things or goods be released or refer the case to the Magistrate for decision.

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Hotels (Federal Territory of Kuala Lumpur)

The Magistrate to whom the case is referred shall issue a summons requiring the person asserting that he is the owner of the books, accounts, documents, things or goods seized and the person from whom they were seized to appear before him and upon his appearance or default to appear, due service of the summons being proved, the Magistrate shall proceed to the examination of the case and on proof that an offence has been committed under this Act and that the books, accounts, documents, things or goods seized were the subject matter or were used in the commission of the offence, shall order the books, accounts, documents, things or goods to be forfeited or, in the absence of such proof, shall order their release to the person entitled to them.

All books, accounts, documents, things or goods forfeited under subsection (2) or (4) shall be delivered to the Commissioner or an authorized officer, who shall dispose of them in such manner as the Commissioner deems fit.

Things or goods subject to speedy and natural decay

The Commissioner or the authorized officer shall not be liable to any person for any deterioration, however caused, in the quality of any things or goods seized under this Act.

Obstruction, etc.

assaults, obstructs, hinders or delays the Commissioner or any authorized officer lawfully executing his duties under this Act;

fails to comply with any lawful demand, notice, order or requirement properly made to him by an authorized officer in the execution of his duty under this Act;

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refuses any authorized officer access to any premises, or fails to submit to a search by a person authorized to search him under this Act;

omits, refuses or neglects to give to an authorized officer any information which may reasonably be required of him and which he is empowered to give;

furnishes false, untrue or misleading information to an authorized officer; or

fails to produce to, or conceals or attempts to conceal from, an authorized officer any books, accounts, documents, things or goods which such officer has reasonable grounds for suspecting were the subject matter of or were used in the commission of an offence under this Act, or which are liable to seizure under this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

that the offence was committed without his knowledge, consent or connivance; and

that he had taken all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

Offence by body corporate

An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the period specified in the offer or within such extended period as the Commissioner or the specially authorized officer may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

If an offence has been compounded under subsection (1), no prosecution shall be instituted after that in respect of the offence against the person to whom the offer to compound was made and any thing seized in connection with the offence shall be released, subject to such terms and condition as may be prescribed.

All moneys received under this section shall be paid into the fund constituted under any law relating to local government.

Money to be paid into fund

Without prejudice to the generality of subsection (1), the regulations may—