SINGAPORE: A police drug bust in Sentosa last month has raised questions about whether hotels are liable for crimes committed on their premises.
On Aug 9, 49 men were arrested after the police raided a Sentosa hotel villa on a tip-off. Controlled drugs, including ecstasy and ketamine, were seized.
The authorities have not disclosed which hotel the incident took place at.
It is an offence to arrange gatherings for drug abuse, or for the property owner, tenant or occupier to allow the premises to be used for drug abuse or drug trafficking.
But unless they had reason to be suspicious, hotels are not legally responsible for crimes committed on their premises, lawyers told CNA.
“Generally speaking, hotels are not liable. Of course, if they had reason to believe that something illegal was going on, then they might have an obligation to report to the police – that’s a separate matter,” said Mr Chooi Jing Yen, a partner at Eugene Thuraisingam LLP.
“But the fact that an illegal act takes place in the hotel per se is not enough to say that the hotel should be criminally responsible.”
In Mr Chooi’s experience, the owners or operators of hotels, serviced apartments or chalets were not prosecuted when people took drugs on their premises.
“They also don’t have an active duty to go and police the rooms, in the sense of going around doing spot checks, because that’s simply too onerous.”
Instead, occupants are expected to know the law and take responsibility for their own actions. “It’s not for the hotel to constantly keep watch,” he said.
Under licensing regulations, hotels cannot allow "gaming, drunkenness, drug abuse or disorderly conduct of any kind" within their premises, noted director of Invictus Law Cory Wong.
If a hotel fails to comply, it can be fined up to S$1,000 (US$730) for a first-time conviction. It may also face penalties such as licensing suspension, he added.
“So the question is whether the hotel knows or has reason to believe that something unlawful is going on, and whether they have done enough in terms of their security, registration or due diligence checks, for example,” Mr Wong told CNA.
“And once the hotel comes to know that the law has been broken within its premises, the hotel management should immediately report the matter to the police to signify its compliance with its licensing regulations.”
Whether the hotel knew or allowed offences to be committed on their premises is the “ultimate question”, and they may be criminally liable if this proves to be true, said director at Kalco Law James Ow Yong.
Drugs seized at the Sentosa hotel villa. (Photos: CNB)
Hotels CNA spoke to said guests have to sign registration forms that list the terms and conditions of their stay. These forms typically state the number of guests permitted in each room and activities that are not allowed, including those that are illegal.
All visitors to the guest rooms at Marriott International’s hotels in Singapore are required to register at the front desk before they can access the floor and rooms, said the hotel chain’s spokesperson.
They also need to leave the premises by 10pm.
Marriott International owns 16 hotels in Singapore, including The Ritz-Carlton in Marina Bay and St Regis in the Orchard area.
The group’s hotels also have security personnel on duty round the clock, and CCTVs are installed in the public areas, said its spokesperson.
“All our associates adhere to the hotel’s SOPs and will report any suspicious activities to higher management and the authorities immediately,” the spokesperson told CNA.
At boutique hotel Lloyd’s Inn, having just 34 rooms and one entrance means staff are trained to pay more attention to rooms with a large number of visitors, said hotel manager Kelvin Soh.
The hotel has a maximum capacity of five people per room at any time, and guests also have to sign a form indicating that they are aware of the hotel's terms and conditions.
When guests are found to have exceeded the maximum room capacity, they are turned away or asked to leave. The hotel will also notify authorities if any illegal activities are discovered, said Mr Soh.
“The hotel can do its best .. to look for suspicious activities but ultimately what goes on behind closed doors can only be policed beyond a certain degree,” he said.
On whether the agreements signed by guests may waive hotels of any liabilities, lawyer Mr Chooi clarified that these are contractual agreements and may not have any impact on criminal liability.
“Let’s say the hotel enforces a condition that only two people or 10 people can be in this room, and this condition is breached, the hotel has a right to either remove the guests for breaching the agreement or charge more,” he said.
Hotels may include such a clause in the contract to ensure that they can remove guests "without arguing" if illegal activities are discovered, said Mr Chooi.
The signed acknowledgement forms may function as a “basic disclaimer” to the authorities that the hotel had already discharged its necessary duties when they registered the guests, said Invictus Law's Mr Wong.
“However, the duty to ensure that the laws are not broken on the hotel premises is an ongoing one and is not just limited to the time of registration. So such a practice may help to mitigate somewhat the penalties to be faced by the hotel but it certainly does not exonerate the hotel.”
These agreements or terms and conditions will not work as a “carte blanche denial” of the hotel having granted permission or allowed offences to be committed on its premises, said Kalco Law's Mr Ow Yong.
“At best, they show that the establishments are mindful of the requirements of the law, and exercise their due diligence in ensuring that their guests or licensees are not committing offences on their premises,” he added.
For example, to ensure that their guests are not immigration offenders, a hotel could check and make copies of the guests’ passports at check-in, said Mr Ow Yong.
Continue reading...
On Aug 9, 49 men were arrested after the police raided a Sentosa hotel villa on a tip-off. Controlled drugs, including ecstasy and ketamine, were seized.
The authorities have not disclosed which hotel the incident took place at.
It is an offence to arrange gatherings for drug abuse, or for the property owner, tenant or occupier to allow the premises to be used for drug abuse or drug trafficking.
But unless they had reason to be suspicious, hotels are not legally responsible for crimes committed on their premises, lawyers told CNA.
“Generally speaking, hotels are not liable. Of course, if they had reason to believe that something illegal was going on, then they might have an obligation to report to the police – that’s a separate matter,” said Mr Chooi Jing Yen, a partner at Eugene Thuraisingam LLP.
“But the fact that an illegal act takes place in the hotel per se is not enough to say that the hotel should be criminally responsible.”
In Mr Chooi’s experience, the owners or operators of hotels, serviced apartments or chalets were not prosecuted when people took drugs on their premises.
“They also don’t have an active duty to go and police the rooms, in the sense of going around doing spot checks, because that’s simply too onerous.”
Instead, occupants are expected to know the law and take responsibility for their own actions. “It’s not for the hotel to constantly keep watch,” he said.
Related:
Under licensing regulations, hotels cannot allow "gaming, drunkenness, drug abuse or disorderly conduct of any kind" within their premises, noted director of Invictus Law Cory Wong.
If a hotel fails to comply, it can be fined up to S$1,000 (US$730) for a first-time conviction. It may also face penalties such as licensing suspension, he added.
“So the question is whether the hotel knows or has reason to believe that something unlawful is going on, and whether they have done enough in terms of their security, registration or due diligence checks, for example,” Mr Wong told CNA.
“And once the hotel comes to know that the law has been broken within its premises, the hotel management should immediately report the matter to the police to signify its compliance with its licensing regulations.”
Whether the hotel knew or allowed offences to be committed on their premises is the “ultimate question”, and they may be criminally liable if this proves to be true, said director at Kalco Law James Ow Yong.
Drugs seized at the Sentosa hotel villa. (Photos: CNB)
SIGNING FORMS, TERMS AND CONDITIONS
Hotels CNA spoke to said guests have to sign registration forms that list the terms and conditions of their stay. These forms typically state the number of guests permitted in each room and activities that are not allowed, including those that are illegal.
All visitors to the guest rooms at Marriott International’s hotels in Singapore are required to register at the front desk before they can access the floor and rooms, said the hotel chain’s spokesperson.
They also need to leave the premises by 10pm.
Marriott International owns 16 hotels in Singapore, including The Ritz-Carlton in Marina Bay and St Regis in the Orchard area.
The group’s hotels also have security personnel on duty round the clock, and CCTVs are installed in the public areas, said its spokesperson.
“All our associates adhere to the hotel’s SOPs and will report any suspicious activities to higher management and the authorities immediately,” the spokesperson told CNA.
At boutique hotel Lloyd’s Inn, having just 34 rooms and one entrance means staff are trained to pay more attention to rooms with a large number of visitors, said hotel manager Kelvin Soh.
The hotel has a maximum capacity of five people per room at any time, and guests also have to sign a form indicating that they are aware of the hotel's terms and conditions.
When guests are found to have exceeded the maximum room capacity, they are turned away or asked to leave. The hotel will also notify authorities if any illegal activities are discovered, said Mr Soh.
“The hotel can do its best .. to look for suspicious activities but ultimately what goes on behind closed doors can only be policed beyond a certain degree,” he said.
On whether the agreements signed by guests may waive hotels of any liabilities, lawyer Mr Chooi clarified that these are contractual agreements and may not have any impact on criminal liability.
“Let’s say the hotel enforces a condition that only two people or 10 people can be in this room, and this condition is breached, the hotel has a right to either remove the guests for breaching the agreement or charge more,” he said.
Hotels may include such a clause in the contract to ensure that they can remove guests "without arguing" if illegal activities are discovered, said Mr Chooi.
The signed acknowledgement forms may function as a “basic disclaimer” to the authorities that the hotel had already discharged its necessary duties when they registered the guests, said Invictus Law's Mr Wong.
“However, the duty to ensure that the laws are not broken on the hotel premises is an ongoing one and is not just limited to the time of registration. So such a practice may help to mitigate somewhat the penalties to be faced by the hotel but it certainly does not exonerate the hotel.”
These agreements or terms and conditions will not work as a “carte blanche denial” of the hotel having granted permission or allowed offences to be committed on its premises, said Kalco Law's Mr Ow Yong.
“At best, they show that the establishments are mindful of the requirements of the law, and exercise their due diligence in ensuring that their guests or licensees are not committing offences on their premises,” he added.
For example, to ensure that their guests are not immigration offenders, a hotel could check and make copies of the guests’ passports at check-in, said Mr Ow Yong.
Continue reading...