TALLYCLERKS (LICENSING) ORDINANCE

TALLYCLERKS (LICENSING) ORDINANCE

CHAPTER 85.

TALLYCLERKS (LICENSING).

To provide for the licensing of tallyclerks.

[1st January, 1947.]

1. This Ordinance may be cited as the Tallyclerks

(Licensing) Ordinance.

2. In this Ordinance

'godown' in respect of cargo discharged or discharging from any ship
means the godown, warehouse, store or other like building in
which such cargo is first lodged after discharge and in respect of
cargo being or intended to be loaded into any ship, the godown,
warehouse, store or other like building in which such cargo is
last lodged prior to loading;

'lighters' includes barges, junks, sampans or other like craft for
carrying goods;

'ship' means a ship of more than sixty registered tons;

'sworn measurer' means any person who to the satisfac-
tion of the Director of Commerce and Industry is for
the time being employed or a member of a firm
employed by the Far Eastern Freight Conference as
a sworn measurer and weigher.

3. (1) No cargo shall be tallied in or out of any ship

in the Colon), except by a tallyclerk licensed under the provisions of
this Ordinance.

(2). The expression 'tallied in or out of any ship' in

subsection (1) shall include in respect of 'any cargo discharged or
discharging from or being or intended to be loaded into any ship all
tallying from ship to godown or from godown to ship as the case may
be including in each case all intermediate tallying in and out of lighters
or otherwise howsoever.

4. (1) The Director of Commerce and Industry

(hereinafter called the Director) shall issue licences under
this Ordinance : Provided always that except in the case





of the renewal of a licence already issued under this Ordinance the
Director shall not issue a licence to any applicant unless such
applicant produces a certificate signed by a sworn measurer to the
effect that such applicant is in the opinion of the sworn measurer a fit
and proper person to be licensed as a tallyclerk.

(2) The Director shall keep a register of licences issued under the
provisions of this Ordinance in which he shall cause to be entered full
particulars of every licensee and of the issue and any renewal
cancellation or suspension of every licence.

(3) The Director shall at the request in writing of a sworn measurer
cancel or refuse to renew any licence and shall at the like request
suspend the same for any period.

(4) Licences issued under this Ordinance shall be annual licences
commencing from and renewable upon the 1st day of January in each
year; they shall be in the prescribed form in the Schedule hereto and
each applicant for a licence shall supply the Director with two passport
size photographs of himself one of which shall be affixed to the licence.
The annual licence fee shall be $5.00.

(5) Any request statement or certificate made or given by any
sworn measurer in pursuance of any of the provisions of this section
shall be deemed to be made or given in pursuance of a duty imposed
by this Ordinance.

5. (1) Whenever the issue or renewal of a licence under this
Ordinance has been refused or a licence thereunder has been cancelled
or suspended any person aggrieved thereby may appeal to the
Governor in Council, who, if in his opinion the act or refusal
complained of requires modification, revocation or setting aside, may
make such order in respect thereof as may be just.

The grounds of such appeal shall be concisely stated in writing
and the appellant may, if he so desires, be present at the hearing of
such appeal and be beard in its support either by himself or by his
representative, and the Governor in Council shall thereafter determine
the matter in the absence of, and without further reference to, the
Director.





The Clerk of Councils shall give the appellant seven days' notice
of the hearing of the appeal, and shall at the same time furnish the
appellant with a copy of the evidence and documents submitted by the
respondent for the consideration of the Governor in Council.

(2) Every order of the G Governor in Council under this section
shall be final and shall be given effect to by the Director.

6. Every tallyclerk licensed under this Ordinance shall upon
request, at any time when lie is engaged in tallying cargo for the
tallying of which a licence is required under this Ordinance, produce
his licence for inspection by any, police officer, any officer of the
Marine Department or the Department of Commerce and Industry, any
sworn measurer or person authorized in writing by a sworn measurer in
that behalf, and the officers of any ship or officials of any pier or
godown on, in or about which he shall for the time being be so
engaged: Penalty: A fine of fifty dollars.



7. (1) It shall be an offence to tally without a licence issued under
this Ordinance cargo for the tallying of which a licence is required by
the provisions of this Ordinance

Penalty : A fine of seven hundred and fifty dollars.

(2) It shall be an offence to employ any person not having a
licence issued under this Ordinance for the purpose of tallying cargo
for the tallying of which such a licence is required by this Ordinance
and in proceedings under this subsection it shall be no defence that
the defendant was unaware that the person employed had no such
licence: Penalty : A fine of one thousand five hundred dollars.

8. The Governor in Council may by order

(a) suspend the operation of this Ordinance during

such period as may be specified in such order; or
(b) exempt from the operation of section 3 or any of
the provisions of section 7 any person or class of
persons for any period specified in such order.





SCHEDULE. [s. 4.]
Tallyclerk's Licence. Licence No .............

TALLYCLERKS (LICENSING)
ORDINANCE.

(Chapter 95 of the Revised Edition).

Of
.............................................. is hereby licensed as a tallyclerk for the
purpose of tallying cargo in and out of ships exceeding 60 registered tons subject
to the provisions of the above Ordinance until the 31st day of December, 19
..........

Dated this ..day of .............19

Director of Commerce and Industry.
PHOTOGRAPH OF

LICENSEE

Fee $5.00.
29 of 1946. Short title. Interpretation. Cargo to be tallied by licensed tallyclerks. Issuing licences. [s. 4 cont.] Schedule. Appeal to Governor in Council. Inspection of licences. Penalties. Supension and exemption.

29 of 1946. Short title. Interpretation. Cargo to be tallied by licensed tallyclerks. Issuing licences. [s. 4 cont.] Schedule. Appeal to Governor in Council. Inspection of licences. Penalties. Supension and exemption.

https://oelawhk.lib.hku.hk/items/show/1784

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