C. Who is protected?
The Occupiers Liability Ordinance (Cap. 314) protects lawful visitors. This usually includes people who enter with express or implied permission, such as customers, invited guests, delivery workers, residents’ visitors, and people entering under a legal right.
Permission does not always have to be express. It may be implied from the circumstances. For example, a shop is open to customers who come in to browse or buy. Permission is implied even if the occupier knows that people habitually use a particular area and does not object.
A visitor’s permission may be limited by place (only certain parts of the premises), time (only for a certain period) and purpose (only for the purpose for which entry was allowed). A person may therefore stop being a lawful visitor if he goes into an area where he is not allowed to go, stay after permission has ended, or use the premises for a purpose outside the permission given. A person who enters lawfully may therefore later become a trespasser.
Individuals authorized by law to enter premises, such as police officers with warrants, firemen, or health inspectors, are automatically treated as lawful visitors, regardless of whether the occupier consents to their presence.
In relation to children, the presence of an allurement (i.e. something attractive to children) may sometimes be relevant in deciding whether permission is to be implied, though this is highly fact-sensitive.
