In recent years, private camping sites have been popping up, and the Consumer Council has collected information on 22 sites claiming to offer camping services in various ways. They have contacted relevant government departments to inquire about the land use and licensing issues, finding that only about one-tenth of them hold relevant valid certificates, while another 40% are suspected of illegal development. The Consumer Council suggests that the government consider issuing licenses for these types of sites to enhance consumer protection and promote the development of deep tourism in Hong Kong.
During the period from March to May this year, the Consumer Council collected information on 26 camping sites claiming to offer camping services in different ways in various regions. After excluding 4 sites that claimed to have closed down, a total of 22 sites were examined for their land use and licensing matters. Among them, 10 are located in Yuen Long, 6 on Lantau Island, 4 in Sheung Shui, and the remaining 2 are in Sai Kung and Cheung Chau. The Consumer Council randomly selected 7 sites that provide “luxury camping” services for analysis to understand their fees, facilities, restrictions, disclaimers, and terms and conditions, and provided the information to the respective sites for verification and supplementation. However, 2 sites did not respond or stated that they would not respond.
According to the Planning Department data, 6 of the 22 sites are located in “Recreation” zones, 1 has been in use before the statutory plans were in effect and did not require planning permission from the Town Planning Board, and 1 had obtained valid planning permission for temporary holiday camps and related works. Subsequently, on June 11, the department further clarified that 4 more sites are not considered illegal developments under the Town Planning Ordinance, and one site was found to be vacant during inspections. If there is sufficient evidence to prove that the remaining 9 sites (41%) are illegal developments, the Planning Department will take enforcement action.
In addition to ensuring compliance with land use regulations, the Consumer Council also focuses on whether the sites have the necessary operating licenses. According to the Hotel and Guesthouse Accommodation Ordinance, places that provide short-term accommodation for a fee must hold hotel or guesthouse licenses if the operating model meets the definition of “hotel or guesthouse” as per the ordinance. The Licensing Office under the Home Affairs Department confirmed that out of the 22 sites, only 2 hold guesthouse (holiday camp) licenses, and 1 has a company qualification certificate.
As per the general guidelines for applying for hotel and guesthouse licenses, licensed premises must purchase third-party liability insurance with a coverage of not less than HK$10 million per incident, and there should be no limit on the number of claims per incident. Among the 7 sites offering “luxury camping” services, only 3 clearly stated that they have purchased third-party liability insurance, with 2 sites disclosing coverage of HK$10 million and HK$50 million respectively, while 1 did not disclose the amount of coverage. The Consumer Council reminds consumers that for their own benefit and safety, they should inquire with the site or relevant government departments beforehand to choose sites that comply with regulations and offer better protection.
The investigation also found that only one site required guests to read the rules and sign a waiver upon entry, while some sites only list the terms and conditions on their websites. For example, guests may be required to assume all risks and liabilities for any accidents, injuries, or losses caused within the site, and they may not have the right to claim compensation or hold the site or relevant staff accountable. If consumers do not carefully review the information on the website, any accidents resulting in injuries or losses can lead to disputes.
The Consumer Council also pointed out that under the Control of Exemption Clauses Ordinance, operators of camping sites are not allowed to exempt or limit their legal liability for death or personal injury caused by negligence through contract terms or notices.
Furthermore, only 2 sites have staff on duty 24 hours a day, while 3 other sites have staff on duty only at specific times, with guests needing to call or seek assistance through instant messaging software outside those times. In the event of an emergency, guests may not necessarily receive immediate assistance.
The Consumer Council recommends that the government should evaluate the operation of outdoor camping sites to consider whether licenses are needed for private camping sites and to enhance consumer protection. When planning to stay at a private camping site, consumers should proactively inquire about service details, third-party protection, support arrangements, and be aware of rescheduling, cancellation, and refund policies, among other things.