Laws of the People's Republic of China

MEASURES FOR THE CONTROL OF SECURITY IN THE
HOTEL INDUSTRY

  (Approved 13 February 1987 by the State Council And
Promulgated 10 November 1987 by the
Ministry of Public Security)

 

SUBJECT: PUBLIC SECURUTY

ISSUING-DEPT: MINISTRY OF PUBLIC SECURITY

ISSUE-DATE: 11/10/1987

IMPLEMENT-DATE: 11/10/1987

LENGTH: 1304 words

TEXT:

[Article 1] These Measures are formulated to safeguard the normal business operations of the hotel industry to ensure the safety of the lives and belogings of guests and to maintain public security.

[Article 2] All restaurants, hotels, guest houses, hostels. passenger and cargo stop-over stations, inns, public bath houses, etc. (hereinafter referred to as hotels), which provide accommodation to guests shall comply with these Measures, regardless of whether they are State operated, collectively operated, partnership operated, individually operated, Sino-foreign joint equity or Sino-foreig co-operatively operated, or whether they are exclusively or simultaneously operated, or whether they are exclusively or simultaneously operated or whether they are operated all year round or seasonally operated.

[Article 3] when setting up a hotel, the construction of its rooms, fire-fighting equipment, entrances, exits and thoroughfares, etc., shall all comply with the relevant provisions of the Regulations of the People's Republic of China on Fire Control, and the necessary safety facilities which guard against theft shall also be provided.

[Article 4] When applying to establish a hotel, the application, after examination and approval by the relevant department in charge, shall be signed and have comments noted on it by the local public security organ, and operations may begin only after subsequent application to the Administration for Industry and Commerce for registration and the issue of a business licence.

If a hotel which has had its operations approved, wishes to suspend operations, change its line of business, amalgamate, move to another location, change its name or other such matters, it shall report the details to the local county or municipal security bureau or branch bureau for filing within three days of registering the change with the Administration for Industry and Commerce.

[Article 5] Hotel operators shall abide by State laws, establish a safety control system for the various relevant items and provide a public security organisation or assign safety protection personnel.

[Article 6] A hotel shall register guests to whom accommodation is provided. When registering, the guest's identification card shall be examined and an accurate registration of all stipulated items shall be made.

If accommodation is provided to a foreign guest, the accommodation registration form shall be submitted to the local public security organ within 24 hours of the guest's arrival.

[Article 7] A hotel shall provide storage boxes, storerooms or safes for a guest's belongings and shall specially assign personnel to take care of these belongings. A system for registration, receival and hand-over of property checked in by a guest shall be established.

[Article 8] A hotel shall make appropriate arrangements to look after property left behind by a guest. If unable to be returned to the original owner or not claimed within three months of announcing the finding of lost property, a list of the goods shall be compiled and registered and sent to the local public security organ for handling as lost property. Contraband and questionable goods shall be reported promptly to the public security organ for handling.

[Article 9] If hotel personnel discover someone violating the law, behaving suspiciously or an offender wanted by the public security organs, the matter shall be reported immediately to the local public security organ. Concealing knowledge of a case or harbourign an offender shall not be permitted.

[Article 10] If a hotel opens places of public entertainment and service such as dance halls and music and tea houses, in addition to implementing the relevant provisions of these Measures, administration shall also be carried out in accordance with the relevant provisions of the State and local government.

[Article 11] Guests shall be prohibited from bringing combustible, explosive, acutely poisonous, corrosive, redioactive and other dangerous articles into a hotel.

[Article 12] Prostitution, gambling, drug taking, distribution of obscene items and other illegal criminal activities shall be prohibited from hotels.

[Article 13] Disturbing the rest of other people by excessive drinking, causing a disturbance or uproarious shouting shall not be permitted. Guests shall not allow others to lodge in the hotel without permission, nor assign their bed to another.

[Article 14] The duty of the public security organs with regard to the control of hotel security shall be to direct and supervise hotels in their establishment of safety control systems for the various relevant items and in their implementation of safety defence measures, to assist hotels in providing their staff with training in professional knowledge on safety and to punish, in accordance with the law, offenders who infringe upon the legal rights and interests of hotels and hotel guests.

Public security personnel shall show their credentials when undertaking official business at hotels, handle matters in strict accordance with the law, treat people civilly and politely and uphold the legal rights and interests of the normal operations of hotels and hotel guests. Hotel personnel and guests shall provide public security personnel with any necessary assistance.

[Article 15] If a hotel is established in violation of the provisions of Article 4 of these Measures, the public security organ may issue a warning or impose a fine of up to 200 yuan, depending on the circumstances. If operations are begun without permission before registration, the public security organ shall assist the Administration for Industry and Commerce to handle the case in accordance with the law.

[Articl 16] If hotel personnel violate the provisions of Article 9 of these Measures, the public security organ may issue a warning or impose a fine of up to 200 yuan, depending on the circumstances. If the case is serious enough to constitute a crime, criminal liability shall be pursued in accordance with the law.

If the party in charge of a hotel is involved in illegal criminal activities and the hotel it operates has already become a place of criminal activity, in addition to the party in charge having its liability pursued in accordance with the law, the hotel shall be dealt with, in co-ordination with the Administration for Industry and Commerce, in accordance with the law.

[Article 17] If the provisions of Article 6, 11 or 12 of these Measures are violated, the persons responsible shall be punished in accordance with the relevant provisions of the Regulations of the People's Republic of China on Public Security Control Penalties. If a major accident occurs, resulting in serious consequences which constitute a crime, criminal liability shall be pursued in accordance with the law.

[Article 18] If the party concerned disagrees with the administrative penalty decision of the public security organ, the matter shall be handled in accordance with the procedures stipulated in Article 39 of the Regulations of the People's Republic of China on Public Security Control Penalties.

[Article 19] Provincial, autonomous region and directly administered municipal public security departments (bureaus) may formulate detailed implementing rules in accordance with these Measures which shall be implemented following approval by the local people's government and the reporting of details to the Ministry of Public Security for filing.

[Article 20] These Measures shall take effect from the date of promulgation. The Provisional Regulations on the Control of the Urban Hotel Industry, promulgated 15 August 1957, shall be nullified simultaneously.