MISCELLANEOUS LICENCES ORDINANCE

MISCELLANEOUS LICENCES ORDINANCE

CHAPTER 114.

MISCELLANEOUS LICENCES.

To consolidate and amend the law relating to miscellaneous
licences.

[27th October, 1933.1

1. T1iis Ordinance may be cited as the Miscellaneous Licences
Ordinance.

2. In this Ordinance

auctioneer means and includes every person who exercises or carries
on the trade or business of an auctioneer, or who acts in such
capacity at any sale or roup and every person who sells or offers
for sale any goods or chattels, lands, tenements, or
hereditaments, or any interest therein, at any sale or roup where
any person or persons become the purchaser of the same by
competition, and being the highest bidder, either by being the
single bidder or increasing upon the biddings made by others, or
decreasing on sums named by the auctioneer or person acting as
auctioneer, or other person at such sale or roup, or by any other
mode of sale by competition ;

'hawker' means any person who trades in any street or public
thoroughfare or goes from place to place, or goes on board any
vessel, selling or exposing for sale any

goods, wares or merchandise immediately to be

delivered, or exposing samples or patterns of any goods,
wares or merchandise to be afterwards delivered, or
selling or offering for sale his skill in handicraft, except
a person selling or seeking orders for goods, wares or
merchandise to or from persons who are dealers therein,
and who buy to sell again;

'massage establishment' means any premises used or represented as
being or intended to be used for the reception or treatment of
persons requiring massage or other similar treatment, except a
hospital for the time being recognized by the Director of Medical
and Health Services, or except an establishment carried on by a
duly registered medical practitioner, or except the premises of a
hairdresser, where face or scalp massage is ad





ministered to female customers only or is administered in his shop
or saloon in full view of all customers resorting thereto;

place means and includes any house, shop, room, office, boat, vehicle
or vessel, or any erection movable or otherwise, or any spot on
land or water;

'public bowling-alley' means any place opened, kept or 4 used for the
purpose of playing the game of skittles to which the general public
are admitted with or without payment for admission;

'public dance-hall' means any place opened, kept or used for the
purpose of dancing to which the general public are admitted with
or without payment for admission unless such place be a place of
public entertainment licensed as such under the Places of Public
Entertainment Ordinance;

'public skating rink' means any place opened, kept or used for the
purpose of skating to which the general public are admitted with
or without payment for admission unless such place be a place of
public entertainment licensed as such under the Places of Public
Entertainment Ordinance;

'sale' includes exchange or barter;

'timber store' means any building, yard or other place used for the
storage of timber other than timber in baulk. For the purposes of
this paragraph timber in baulk shall not include china fir poles;

3. It shall be lawful for the Governor in Council by regulations to
provide for

(a)licensing, regulation and control of any place, trade, business
or occupation specified in the Schedule;

(b)classifying for the purposes of paragraph (a) any, place, trade,
business or occupation for which a licence may be issued
under this Ordinance;

(e)the form and conditions of any licence granted under this
Ordinance, the officers who may issue such licence and the
fees therefor, the hours during which such licence may be
used aiid the period for which such licence shall be issued;





(d)precautions to be taken against fire in any place licensed
under this Ordinance;

(e)maintenance of peace and good order in any place licensed
tinder this Ordinance;

means of securing hygienic conditions and requiring the
maintenance of such conditions in any place licensed under
this Ordinance;

(g)entry and inspection of any place licensed under this
Ordinance, by the Commissioner of Police, the Secretary for
Chinese Affairs or any other officer authorized by the
Governor in that behalf;

(h)exempting any place, trade, business or occupation situated
or carried on within specified areas from the operation of this
Ordinance or of any part thereof or of any regulations made
thereunder, and specifying and varying the boundaries of
such areas; and

i)generally carrying into effect the provisions of this
Ordinance.

f 4. No person shall open or keep any place, or conduct
any trade, business or occupation specified in the Schedule
except under and in accordance with a licence issued tinder
this Ordinance.
5. (1) Subject to the provisions of subsection (3) the
grant of any licence issued, or to be issued tinder this
Ordinance shall be in the absolute discretion of the officer
authorized to issue such licence.
(2) SLICII officer may revoke a licence granted to any
person on proof to his satisfaction of an offence against this
Ordinance or other misconduct by such person.
(3) An appeal shall lie to the Governor in Council from
the decision of any officer under this section.
6. If it is made to appear to a magistrate by informa-
tion upon oath that there is reason to believe that an offence
against this Ordinance is being committed in any place, the
magistrate may issue a warrant authorizing any police officer
to enter and search such place and to arrest such persons as
may be found therein.





7. Every person who contravenes any of the provisions of this
Ordinance or of any regulation made thereunder or who fails to
observe any condition or restriction imposed by or under this
Ordinance shall be deemed to commit an offence against this
Ordinance.

8. Every person who commits or attempts to commit any offence
against this Ordinance shall upon sunimary conviction be liable to a
fine of two hundred and fifty dollars.

9. Whenever any person to whom any licence or permit or
authority has been issued or granted under this Ordinance would be
liable under the provisions of this Ordinance or of any regulations
made thereunder to any punishment, penalty or forfeiture for any act,
omission, neglect or default, lie shall be liable to the same punishment,
penalty or forfeiture for every similar act, omission, neglect or default
of any agent or servant employed by him in the course of his business,
and every such agent or servant shall also be liable to every
punishment, penalty or forfeiture prescribed for such acts, omissions,
neglects or defaults contrary to the provisions of this Ordinance as
fully and effectually as if he had been the person to whom the licence
or permit or authority had been issued or granted.

10. The provisions of this Ordinance shall be in addition to and
not in derogation of the provisions of any other enactment relating to
or affecting any place, trade, business or occupation with respect to
which this Ordinance applies [12]

FIRST SCHEDULE. [ss. 3 and 4.]

Auctioneer. Hawker of tobacco, cigars or
cigarettes. Massage establishment. Money-
changer. Public billiard-table. Public dance-
hall. Undertaker of burials. Timber store.
Public bowling-alley Public skating rink.
25 of 1933. 9 of 1934. 22 of 1935. 8 of 1941. 42 of 1947. Short title. Interpretation. [cf. 8 & 9 Vict, c. 15, s. 4.] [cf. 51 & 52 Vict, c. 33, s. 2.] 34 & 35 Vict, c. 96, s. 3.] 9 of 1934, s.2. [cf. 10 & 11 Geo. 5, c. lxxxix ss. 3, 17 & 18.] 42 of 1947, s. 2. (Cap. 172.) 42 of 1947, s. 2. 8 of 1941, s. 2. Regulations. Schedule. [s. 3 cont.] Prohibition of trading, etc., without licence. Schedule. Grant of licences, revocation and appeals. Search warrants. Offences. Penalty. Liability of agent. Savings. 8 of 1941, s. 3. 22 of 1935, s. 7. 8 of 1941, s. 4. 42 of 1947, s. 3.

25 of 1933. 9 of 1934. 22 of 1935. 8 of 1941. 42 of 1947. Short title. Interpretation. [cf. 8 & 9 Vict, c. 15, s. 4.] [cf. 51 & 52 Vict, c. 33, s. 2.] 34 & 35 Vict, c. 96, s. 3.] 9 of 1934, s.2. [cf. 10 & 11 Geo. 5, c. lxxxix ss. 3, 17 & 18.] 42 of 1947, s. 2. (Cap. 172.) 42 of 1947, s. 2. 8 of 1941, s. 2. Regulations. Schedule. [s. 3 cont.] Prohibition of trading, etc., without licence. Schedule. Grant of licences, revocation and appeals. Search warrants. Offences. Penalty. Liability of agent. Savings. 8 of 1941, s. 3. 22 of 1935, s. 7. 8 of 1941, s. 4. 42 of 1947, s. 3.

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