TALLYCLERKS (LICENSING) ORDINANCE

TALLYCLERKS (LICENSING) ORDINANCE

LAWS OF HONG KONG

TALLYCLERKS (LICENSING) ORDINANCE

CHAPTER 85





CHAPTER 85

TALLYCLERKS (LICENSING)

To provide for the licensing of tallyclerks.

[1 January 1947.]

1. This Ordinance may be cited as the Tallyclerks (Licensing)
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Director' means the Director of Marine; (Added, 51 of 1954, s.2)

'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 300 registered tons; (Amended, 17 of
1965, Schedule)

'sworn measurer' means any person who to the satisfaction of the
Commissioner of Customs and Excise 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. (Amended,
L.N. 206177 and L.N. 294182)

3. (1) No cargo shall be tallied in or out of any ship in the Colony
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) Subject to the provisions of this Ordinance the Director may
issue or renew licences under this Ordinance on payment of the fee
prescribed therefor, and any such licence may contain such conditions
as the Director may see fit to impose.

(2) Licences issued under this Ordinance shall be annual licences
commencing from and renewable upon 1 January in each year.





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

(Replaced, 51 of 1954, s. 3)

5. The Director may cancel or suspend any tallyclerk's licence if it
appears to him, after giving the holder thereof an opportunity of being
heard, that such tallyclerk has been guilty of any contravention of this
Ordinance or of any regulation made thereunder or that he has been
guilty of any misconduct which in the opinion of the Director renders
him unsuitable to carry out the duties of a tallyclerk, or that he has
committed a breach of any condition contained in the licence, and a
licence if so cancelled shall cease to have effect, and if so suspended
shall cease to have effect for the period for which it is suspended.

(Added, 51 of 1954, s. 4)

6. (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.

(2) 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 heard 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.

(3) The Clerk of Councils shall give the appellant 7 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.

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

7. Every tallyclerk licensed under this Ordinance shall upon
request, at any time when he 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 Customs and Excise Department, any sworn measurer
of 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 $50.

(Amended, L.N. 206177 and L.N. 294182)

8. (1) Every tallyclerk licensed under this Ordinance shall, at any
time when he is engaged in tallying cargo for the tallying of





which a licence is required under this Ordinance, wear an arm-band or
badge of a type and in a manner approved by the Director: Penalty: a
fine of $50.

(2) No person other than a tallyclerk licensed under this Ordinance
shall wear an arm-band or badge of the type or similar to the type
approved by the Director in accordance with subsection (I): Penalty: a
fine of 5200.

(Added, 37 of 1953, s. 3)

9. (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 5750.

(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 $1,500.

(3) No person shall, without lawful authority, make any mark or
entry upon, or erase, cancel or alter any mark or entry contained in, or
otherwise deface a tallyclerk's licence: Penalty: a fine of $1,000. (Added,
51 of 1954, s. 5)

(4) No person shall without lawful authority or reasonable excuse
have in his possession any tallyclerk's licence in respect of which an
offence against subsection (3) has been committed: Penalty: a fine of
$1,000. (Added, 51 of 1954, s. 5)

(5) No person holding a tallyclerk's licence, arm-band or badge
issued under this Ordinance shall transfer such licence, arm-band or
badge to any other person: Penalty: a fine of 51,000. (Added, 51 of 1954,
s. 5)

10. 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 9 any person or class of persons for any
period specified in such order.

11. The Governor in Council may by regulation provide for-

(a)the manner in which application for tallyclerks' licences shall
be made, and the forms of and the fees to be paid for such
licences;

(b)the issue of arm-bands and badges required to be worn under
this Ordinance;

(c)generally, the carrying into effect of the provisions of this
Ordinance.

(Added, 51 of 1954, s. 6)
Originally 29 of 1946. (Cap. 85, 1950.) 37 of 1953. 51 of 1954. 17 of 1965. L.N. 206/77. L.N. 294/82. Short title. Interpretation. Cargo to be tallied by licensed tallyclerks. Licensing of tallyclerks. Revocation and suspension of licences. Appeal to Governor in Council. Inspection of licences. Wearing of arm-bands or badges. Penalties. Suspension and exemption. Regulations.

Originally 29 of 1946. (Cap. 85, 1950.) 37 of 1953. 51 of 1954. 17 of 1965. L.N. 206/77. L.N. 294/82. Short title. Interpretation. Cargo to be tallied by licensed tallyclerks. Licensing of tallyclerks. Revocation and suspension of licences. Appeal to Governor in Council. Inspection of licences. Wearing of arm-bands or badges. Penalties. Suspension and exemption. Regulations.

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