HAWKER (URBAN COUNCIL) BY-LAWS

HAWKER (URBAN COUNCIL) BY-LAWS

(URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-
LAWS

By-law .................................. Page

PART I

PRELIMINARY

1. Citation................................ ... ... ... ... ... ... ... AI 3

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 3
3. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 4
4. Hawker permitted places ... ... ... ... ... ... ... ... ... ... ... ... AI 4

PART II

HAWKER
LICENCES

5. Hawkers to be licensed ... ... ... ... ... ... ... ... ... ... ... ... AI 5
6. Restrictions on issue of licences ... ... ... ... ... ... ... ... ... ... AI 5
7. Applications for licences ... ... ... ... ... ... ... ... ... ... ... ... AI 5
8. Issue of fixed-pitch hawker licences ... ... ... ... ... ... ... ... ... AI 6
9. Itinerant hawker licences ... ... ... ... ... ... ... ... ... ... ... ... AI 6
10. Temporary licences ... ... ... ... ... ... ... ... ... ... ... ... ... AI 7
11. Deputies ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 7
12. Assistants ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 7
13. Licences not transferable or transmissible ... ... ... ... ... ... ... ... AI 8
14. Licences not to be altered or defaced ... ... ... ... ... ... ... ... ... AI 8
15. Possession of licences ... ... ... ... ... ... ... ... ... ... ... ... AI 8
16. Licensees to produce licences for inspection on demand ... ... ... ... ... AI 8
17. Issue of duplicate licences ... ... ... ... ... ... ... ... ... ... ... ... AI 8
18. Duration of licences ... ... ... ... ... ... ... ... ... ... ... ... ... AI 9
19. Cancellation of licences, etc . ... ... ... ... ... ... ... ... ... ... ... AI 9
20. Licence to be surrendered on termination ... ... ... ... ... ... ... ... AI 9
21. Renewal of licences ... ... ... ... ... ... ... ... ... ... ... ... ... AI 9
22. Restrictions on areas in which licensees may hawk ... ... ... ... ... ... A19
23. [Cancelled] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A19
24. Council to be notified of change of particulars ... ... ... ... ... ... ... AI 10
25. Council may require production of licence for amendment ... ... ... ... ... AI 10
26. Register of licences to be kept ... ... ... ... ... ... ... ... ... ... ... AI 10

PART III

FIXED PITCHES

27. Delineation of fixed pitches ... ... ... ... ... ... ... ... ... ... ... AI 10
28. Meters ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 11
29. Interference with meters ... ... ... ... ... ... ... ... ... ... ... ... AI 11





By-law....................................... Page
30. Use of metered pitches ...................... ... ... ... ... ... ... AI 11
31. Control of use of fixed pitches ....... ... ... ... ... ... ... ... ... AI 12
32. Temporary closure of pitches ........ ...... ... ... ... ... .--- AI 12
33. Allocation of fixed pitches .............. ... ... ... ... ... ... ... AI 12
34. Council may require allocated pitch to be vacated either permanently or
temporarily ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 12
35. Cancellation of allocation at request of licensee ... ... ... ... ... ... AI 13
36. Pitches to be used only by holders of fixed pitch licences ... ... ... ... AI 13
37. Use of pitches .............................. ... ... ... ... ... ... AI 13
38. Fixed pitch licensees to be present on pitches at all reasonable times ... ... AI 13
39. Fixed pitches to be kept in safe and clean condition ... ... ... ... ... AI 14

PART IV

HAWKERS STALLS AND EQUIPMENT

40. Stalls for holders of fixed-pitch and temporary hawker licences ... ... ... AI 14
41. Erection of wall stalls permitted in certain cases ... ... ... ... ... ... AI 14
42. Stalls for holders of itinerant hawker licences ... ... ... ... ... ... AI 14
43. Approval to be endorsed on licence .... ... ... ... ... ... ... ... AI 14
44. Stalls to be used only for hawking .... ... ... ... ... ... ... ... ... AI 14
45. Removal of stalls from pitches ........ ... ... ... ... ... ... ... AI 15

46. Licensee not to damage pitch ............. ... ... ... ... ... ... ... AI 15
47. Stalls not to be joined ..................... ... ... ... ... ... ... AI 15
48. Licensees not to place commodities and equipment outside pitches ... ... AI 15
49. Use of tables and stools by holder of fixed-pitch hawker licences authorized
to deal in drink or cooked food ... ... ... ... ... ... ... ... ... ... AI 15

50. Equipment to be maintained in safe and clean condition ... ... ... ... AI 16
51. Refuse bins to be provided ............ ... ... ... ... ... ... ... AI 16
52. Special provisions relating to equipment to be provided by licensees dealing
in drink or cooked food ..................... ... ... ... ... AI 16
53. Licensee not to cause obstruction ..... ... ... ... ... ... ... ... ... AI 17
54. Electrical equipment not to be installed without approval of Council ... AI 17

PART V

MISCELLANEOUS PROVISIONS

55. Licensee to comply with conditions of licence ... ... ... ... ... ... AI 17
56. Offences and penalties ...................... ... ... ... ... ... ... AI 18
57. Magistrate may recommend cancellation or suspension of licence ... ... AI 19
58. Forfeiture of equipment ..................... ... ... ... ... ... ... AI 19

Schedule. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 19





HAWKER (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 83A)

[3 November 1972.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Hawker (Urban Council) By-
laws.

2. In these by-laws, unless the context otherwise requires

'appropriate coin' means the denomination of coin to be used for the
payment of the fee for the use of a fixed pitch as indicated in
accordance with by-law 28(2) on a meter erected on or at a pitch
under by-law 28(1);

'boundaries', in relation to a pitch, means the boundaries of the pitch as
delineated by the Council in accordance with these by-laws;

'commodities' means any goods, wares, or merchandise; and includes
any samples and patterns of goods, wares, and merchandise;

'Council' means the Urban Council;

'drink' includes every type of prepared beverage except one that is
sealed in a bottle or canister at the time of manufacture;

'equipment' includes any stall, table, stool, chair, utensil, water
container, dustbin, or other article used by a hawker in connection
with hawking; but does not include any commodity sold or exposed
for sale by the hawker;

'fixed pitch' means any pitch delineated on the ground under by-law 27
or a pitch specified in a fixed-pitch hawker licence issued under by-
law 8(1);

'fixed-pitch hawker licence' means a licence issued under by-law 8;

'hawker permitted area' means any area which is declared in accordance
with by-law 4(1) to be a hawker permitted area;





'Housing Authority estate' means any land vested in the Housing
Authority or over which the Housing Authority has control
and management;

'itinerant hawker licence' means a licence issued under by-law 9;

'licence' means a licence issued under these by-laws to a person for
the purposes of hawking; and 'licensee' has a corresponding
meaning;

'Secretary' means the Secretary of the Urban Council;

',stall' means any stall, erection, structure, box, cart, barrow,
trolley, or van, which is used, or is capable of being used,
as a place from orlon which hawking can be carried on;

'to use', in relation to fixed pitch, includes to place or to acquiesce
in the placing of any commodity, equipment, or other object on
the pitch or on a stall on the pitch;

'to vacate', in relation to a fixed pitch, includes the removal of
any commodity, equipment, or other object placed on the
pitch or on a stall on the pitch by or with the acquiescence
of the licensee who is using the pitch;

'wall stall' means a stall which is affixed to or placed against any
external part of any building or similar structure and which
faces onto a street.

3. (1) These by-laws apply only to the Urban Council area.

(2) These by-laws do not apply to any hawker who-

(a) is hawking as a car cleaner; and

(b)holds a cleaner's permit issued under regulation 24 of the
Road Traffic (Parking) Regulations.

4. (1) The Council may, by notice published in the Gazette-

(a)declare any street or part of a street set aside under
section 83B or any part of any public place under its
control to be a hawker permitted area and an area may
be so declared to be a hawker permitted area for specified
hours each day; and

(b)declare any hawker permitted area to be restricted to
hawkers who hold any particular class or classes of licence.

(2) The Council may erect appropriate signs to indicate-

(a) hawker permitted areas;

(b)the class or classes of licensee which are permitted to
hawk in those areas; and

(c)the hours during which licensees are permitted to hawk
in those areas.





(3) The Secretary shall-

(a)prepare one or more maps which delineate clearly every
hawker permitted area; and

(b)indicate on those maps the class or classes of licensee that
may hawk in those areas.

(4) The Secretary shall keep all maps that he is required to
prepare under paragraph (3) available at his office during the
ordinary business hours of that office for inspection by any member
of the public who desires to see them.

PART II

HAWKER LICENCES

5. (1) [Deleted, L.N. 1431871

(2) No licensee may hawk any commodity or service that is
not specified in his licence.

6. A licence may not be issued to any person who-

(a) is under 18 years of age; or

(b) is already the holder of a valid licence.

7. (1) Every application for a licence shall-

(a)be made in writing to the Council in such form, and
contain such particulars, as the Council may reasonably
require;

(b)specify whether a fixed-pitch hawker licence, an itinerant
hawker licence, or a temporary hawker licence is required;

(c)be accompanied by the prescribed fee and by 4 full-face
passport-size photographs of the applicant which shall
portray a recognizable likeness of him.

(2) Where an applicant applies for a fixed-pitch hawker
licence, the Council may withhold the issue of a licence-

(a)until the stall and equipment proposed to be used in
connection with the licensee's business have been con-
structed or provided in accordance with specifications
approved by the Council;

(b)if the application is for a licence authorizing the applicant
to deal in drink or cooked food, until a suitable pitch is
available for allocation to him under by-law 33(1).





8. (1) In every case where an application for a fixed-pitch
hawker licence is granted, the Council shall, subject to paragraph
(2), issue to the applicant in such form as it thinks fit a fixed-pitch
hawker licence which authorizes the applicant to hawk from a fixed
pitch.

(2) Every such licence shall-

(a) state on its face that it is a fixed-pitch hawker licence;

(b)specify an identifying number or the approximate location
of the pitch;

(c) specify the name and address of the licensee;

(d)specify the nature of the commodity to be sold, or the
service to be provided, by the licensee;

(e)if the licensee has been allocated a fixed pitch, specify
particulars of the location of the pitch;

have affixed to it one of the photographs which accom-
panied the application; and

(g)state that the licence is issued subject to the condition that
the licensee complies. with these by-laws.

(3) Without limiting paragraph (2), the Council may in any
such licence-

(a)impose on the licensee conditions relating to the sale of the
commodity, or, as the case may be, the provision of the
service, which he is permitted to hawk;

(b)prescribe the hours during which the licensee is permitted
to hawk;

(c)if the licensee has not been allocated a fixed pitch, specify
the areas in which he may hawk;

(d)specify such other particulars as the Council considers
necessary.

9. (1) In every case where an application for an itinerant
hawker licence is granted, the Council shall, subject to paragraph
(2), issue to the applicant in such form as it thinks fit an itinerant
hawker licence which authorizes the applicant to hawk in a hawker
permitted area or in such places as may be specified in such licence,
otherwise than from a fixed pitch.

(2) Every such licence shall-

(a) state on its face that it is an itinerant hawker licence;

(b) specify an identifying number;

(c) specify the name and address of the licensee;

(d)specify the nature of the commodity to be sold, or the
service to be provided, as the case may be;





(e)have affixed to it one of the photographs which accompained
the application;

(f)state that the licence is issued subject to the condition that
the licensee complies with these by-laws.

(3) Without limiting paragraph (2), the Council may in any such
licence

(a)impose on the licensee conditions relating to the sale of the
commodity, or, as the case may be, the provision of the
service, which he is permitted to hawk;

(b) prescribe the hours during which the licensee may hawk;

(c) specify the areas in which the licensee may hawk;

(d)specify such other particulars as the Council considers
necessary.

10. In every case where an application for a temporary licence is
granted, the Council shall issue to the applicant in such form as it thinks
fit a temporary licence which permits the licensee to hawk for such
period (not exceeding 1 month) and for such purpose as the Council
specifies in the licence, subject to any conditions that the Council thinks
fit to specify in the licence.

11. (1) Where a licensee leaves or intends to leave Hong Kong, or is
incapacitated by illness, for a period of more than 8 days. he may, with
the prior permission in writing of the Council and on the payment of the
prescribed fee, appoint any person eligible to hold a hawker licence to be
his deputy during the absence or incapacity.

(2) Where permission is given under paragraph (1), the Council
shall issue to the deputy a permit in such form and containing such
particulars as it thinks fit, and all the provisions of these by-laws, so far
as they are applicable and with any necessary modifications, shall apply
to the permit as if it were a licence.

(3) The Council shall not, except in such special circumstances as it
thinks fit, grant any permission under paragraph (1) for any period
exceeding 6 months.

(4) Whenever a deputy acts for a licensee under this by-law, the
duties imposed on a licensee under these by-laws shall be complied
with by the deputy; and the. deputy shall be liable to prosecution for
contravention of these by-laws as if he were a licensee.

12. (1) A licensee who holds a fixed-pitch hawker licence may
employ such number of assistants as he thinks necessary for the
purpose of enabling him to carry on his business, but no such assistant
shall engage in hawking during the absence (other than absence for
reasonable cause) of the licensee from his pitch.





(2) A licensee who holds an itinerant hawker licence may not
employ any assistants.

(3) If any person acts as an assistant in contravention of paragraph
(1) or (2), he is deemed to be hawking without a licence in contravention
of section 83B of the Ordinance.

(4) Any licensee who employs an assistant shall be vicariously
liable for any act done or omitted by the assistant which, if done or
omitted by the licensee personally, would be an offence against these by-
laws; and the licensee may be proceeded against for the offence and
dealt with as if he had committed it personally.

13. (1) A licensee shall not transfer his licence to any other person.
Any transfer or purported transfer of a licence shall be of no effect.

(2) A licence is not transmissible by operation of law.

14. Except as otherwise provided in these by-laws, no person shall
make any alteration to a licence .

15. (1) Except when a licensee is required to produce or surrender
his licence to the Council or any person in accordance with these by-
laws, every licensee shall carry his licence with him at all times while he
is hawking.

(2) Except for the purposes of by-law 20(2) or where the possession
is authorized by these by-laws or in the licence, no person may
knowingly possess a licence which has been issued to another person.

(3) Except where a licensee is required to produce or surrender his
licence to the Council or to any person in accordance with these by-laws,
a licensee shall not knowingly give possession of his licence to any
other person.

16. Every licensee who is for the time being engaged in hawking
shall, on being required to do so by

(a)any officer of the Urban Services Department who holds a rank
which is not below that of foreman;

(b)[Deleted, 77 of 1979, s. 4]

(c)any police officer; or

(d)in the case of a licensee hawking within a Housing Authority
estate, an officer of the Housing Department,

produce his licence to that person for inspection.

17.The Council shall, if it is satisfied that a licence

has been

accidentally lost, destroyed, or defaced, and on payment of the
prescribed fee, issue a duplicate of the licence to the licensee,,





18. Every licence, other than a temporary licence, shall, unless it is
sooner renewed, expire 12 months after the date on which it was issued.

19. (1) Without prejudice to section 125 of the Ordinance, the
Council shall, on being requested to do so by a licensee, cancel his
licence.

(2) Notwithstanding anything to the contrary in these by-

laws, a licence is deemed to be cancelled on the death of the
licensee.

20. (1) If a licence is terminated for any reason other than the death
of the licensee, the holder of the licence shall, not later than 30 days after
the termination, surrender it, to the Council it to such officer of the
Council as it may direct. A

(2) If a licence is terminated by the death of the licensee, his
personal representative shall surrender the licence to the Council not
later than 30 days after the death of the licensee.

21. (1) The Council may, on application being made to it by the
licensee before the expiry of his licence, renew the licence (not being a
temporary licence or a deputy's permit) for a further period of 12 months.

(2) Every such application shall be in such form and contain such
particulars as may be specified by the Council and shall be accompanied
by the prescribed fee and by the licensee's licence.

(3) Where a licensee applies for the renewal of his licence before
the date of its expiration and the Council does not renew it on or before
that date, the licence shall, unless sooner terminated under the
Ordinance or these by-laws, remain in full force and effect until the
licensee is notified either that the licence is renewed or that the Council
has refused to renew it, as the case may be.

(4) Nothing in this by-law shall preclude the Council from renewing
an expired licence, but such a renewal shall not render the licence valid
for the period between the date of its expiry and the date of its renewal.

22. (1) A licensee whose licence is issued in respect of a hawker
permitted area shall not hawk outside the hawker permitted area to which
his licence relates.

(2) No licensee shall hawk in or on any hawker permitted area that
the Council has declared under by-law 4(1) to be restricted to licensees
of a class other than that to which the licensee belongs.

(3) The Council may at any time endorse on an itinerant hawker
licence a condition prohibiting the licensee from hawking otherwise than
in specified streets or places.





24. If at any time after any application is made under by-law 7 there
is any material change in the particulars provided in the application or in
the particulars provided pursuant to this by-law (being in either case a
change of which the Council is not already aware), the applicant or, if a
licence has already been issued, the licensee shall notify the Council in
writing of the change not later than 7 days after becoming aware of it:

Provided that if any person other than the licensee notifies the
Council of the change, the licensee shall be deemed to have complied
with this by-law.

25. (1) The Council may serve notice in writing on a licensee
requiring him to produce his licence to the Council in order that

(a) the Council may endorse on the licence any endorsement
that is required or authorized under these by-laws; or

(b)in any case where the permission to which the endorsement on
the licence relates has been withdrawn, the Council may delete
the endorsement.

(2) A licensee on whom a notice has been served under paragraph
(1) shall comply with it not later than 7 days after its service on him.

26. (1) The Council shall cause to be kept by the Secretary a
register of licences, and a register of licensees, in such form and
containing such particulars as the Council thinks necessary.

(2) The registers shall be kept at the office of the Secretary and
shall be made available during the ordinary business hours of that office
for inspection by any member of the public who desires to see them.

(3) If at any time the Secretary is satisfied that any entry in the
register is erroneous, he shall take such steps as are necessary to correct
the error.

(4) A certificate under the hand of the Secretary certifying that a
person does or does not hold a licence under these by-laws, or
containing a copy of any entry in either of the registers, shall, in the
absence of evidence to the contrary, be sufficient evidence in all
proceedings under these by-laws as to the truth of its contents; and it
shall not be necessary for the Secretary to appear to give evidence, or
for the register to be produced as evidence, for the purposes of the
proceedings.

PART 111

FIXED PITCHES

27. (1) The Council may from time to time cause fixed pitches to be
set aside in any place or street or in any hawker permitted area for the
use of holders of fixed-pitch hawker licences.





(2) Every such pitch may be delineated by means of-

(a) continuous or intermittent lines painted on the ground; or

(b) studs affixed to the ground.

28. (1) The Council may, for the purpose of the charging of
fees for the use of fixed pitches by licensees, erect a meter at or on
each of those pitches.

(2) Every such meter shall bear a plate or other device showing
in English and in Chinese characters-

(a)the prescribed fee that is payable for the use of the fixed
pitch on or at which the meter is erected;

(b)the denomination of coin to be used for the payment of
the fee;

(c)the period of time for which, and the hours during which,
the pitch may be used on payment of the fee.

(3) Subject to by-law 30, a licensee who wishes to use a fixed
pitch on or at which a meter is erected shall, before doing so, pay
a fee at the prescribed rate by inserting one or more appropriate
coins in the meter and shall comply with any other directions
shown on the meter.

(4) The insertion of the appropriate coin or coins in a meter in
accordance with paragraph (3) is payment for the use of the fixed
pitch on or at which the meter is erected for the period shown on the
meter calculated from the time of insertion of the coin. If a licensee
wishes to continue to use a fixed pitch after the expiration of the
period for which he previously inserted the coin or coins in the
meter, he shall pay a further fee at the prescribed rate by inserting in
the meter one or more additional coins of the appropriate denomi-
nation and comply with any other direction shown on the meter.

(5) Nothing in this by-law entitles a person to use in con-
travention of any other provision in these by-laws a fixed pitch on
or at which a meter is erected.

29. No person shall, without the authority of the Council-

(a) interfere with; or

(b) insert any object other than an appropriate coin into,

a meter that is erected on or at a fixed pitch under by-law 28(1).

30. (1) A licensee who holds a fixed-pitch hawker licence
shall not use a fixed pitch at or on which a meter is erected under
by-law 28(1) unless the meter is for the time being exhibiting a
sign indicating that the prescribed fee has been paid for the use
of the pitch.





(2) It is a defence in any proceedings for a contravention of
paragraph (1) if it is proved that

(a)by-law 28(3) was complied with in respect of the use of the
fixed pitch;

(b)if the meter had been working satisfactorily, the sign referred
to in paragraph (1) would have been exhibited; and

(c) because of a defect in the meter, the sign was not exhibited.

31. The Council may, by painting words on the ground or erecting
an appropriate sign on or at a fixed pitch, impose such conditions as it
thinks fit as to

(a)the commodities and the services that may be hawked from the
pitches;

(b)the hours during which the pitch may be used for hawking;
and

(c) the class or classes of licensee who may use the pitch.

32. Where the Council has erected a sign at or on a fixed pitch
containing a notice to the effect that the use of the pitch is prohibited
during such periods as may be specified, no licensee shall use that pitch
during those periods.

33. (1) Where a licensee is the holder of a fixed-pitch hawker licence
which authorizes him to deal in drink or cooked food, the Council shall
allocate a fixed pitch to him on payment of the prescribed fee.

(2) If a licensee is the holder of any other type of fixedpitch hawker
licence, the Council may, depending on availability, allocate to him a
fixed pitch on payment of the prescribed fee.

(3) A licensee to whom a fixed pitch has been allocated shall not
use a pitch at or on which a meter is erected under by-law 28(1).

34. (1) Where the Council serves on a licensee to whom a fixed
pitch has been allocated under by-law 33 a notice ordering him to vacate
the pitch, he shall comply with the notice within such period as may be
specified in it, being a period not less than 15 days from the date of
service.

(2) At the expiry of the period specified in the notice, the pitch
shall, unless the Council otherwise directs, cease to be allocated to the
licensee.

(3) If the Council orders a licensee who is the holder of a fixed-pitch
hawker licence which authorizes him to deal in drink or cooked food to
vacate his pitch permanently, it shall allocate to him another fixed pitch
in accordance with by-law 33.





(4) Without prejudice to paragraph (1), if street cleaning,
street repairs, or scavenging is required to be carried out, or a
natural disaster, fire, accident, riot, disturbance, or other emergency
occurs, at or in the vicinity of a fixed pitch, and-

(a)an officer of the Urban Services Department who holds a
rank not below that of foreman;

(b) [Deleted, 77 of 1979, s. 4]

(c) a police officer; or

(d)if the pitch is within a Housing Authority estate, an officer
of the Housing Department,

considers that, to enable the cleaning, repairs, or scavenging to take
place or, as the case may be, in the interests of the safety of the
licensee or any member of the public, it is necessary for the pitch to
be vacated, he may, either by written or verbal notice, direct the
licensee to vacate the pitch temporarily from such time and for such
period as he may specify; and the licensee shall comply with that
direction from that time and for that period.

(5) Where any licensee fails to comply with any notice or
direction served on or given to him under this by-law within the
period specified in the notice or direction, the Council, or any officer
acting under the authority of the Council, may remove all equip-
ment, commodities, and other items left on the pitch; and, without
prejudice to the liability of the licensee to any penalty or forfeiture
under these by-laws or under the Ordinance, the Council may
recover the cost of removal from the licensee in like manner as a
debt.

35. The Council shall, on being requested to do so by a licensee
to whom a fixed pitch is for the time being allocated under by-law
33, forthwith cancel the allocation.

36. (1) No person (whether a licensee or otherwise) shall use a
fixed pitch unless he is the holder of a fixed-pitch hawker licence.

(2) A licensee who holds a fixed-pitch hawker licence shall not
hawk from any place other than that to which his licence relates.

37. A licensee who holds a fixed-pitch hawker licence shall not
use a fixed pitch that is for the time being allocated to another
licensee, or that is being lawfully used by another licensee.

38. When the business of a licensee to whom a fixed pitch has
been allocated under by-law 33 is being carried on, that licensee
shall, unless absent for some reasonable cause, be personally present
at the pitch and conduct or superintend business there.





39. (1) Every licensee, being the holder of a fixed-pitch
hawker licence, who uses a metered fixed pitch, shall while using
the pitch maintain it and the area immediately adjacent to it in a
clean and safe condition and ensure that the pitch and area is kept
free of refuse (including refuse deposited by any other person).

(2) Every licensee, being the holder of a fixed-pitch hawker
licence, who is the occupier of a fixed pitch allocated to him under
by-law 31, shall at all times maintain the pitch and the area
immediately adjacent to it in a clean and safe condition and ensure
that both the pitch and the area are kept free of refuse (including
refuse deposited by another person).

PARTIV

HAWKERS STALLS AND EQUIPMENT

40. (1) Where a licensee who is the holder of a fixed-pitch
hawker licence is for the time being allocated a fixed pitch under
by-law 33, he may, unless a stall is provided by the Council on the
pitch provide at his own expense and hawk from a stall (other than
a wall stall) that is designed and constructed in accordance with
specifications previously approved by the Council.

(2) A licensee who holds a temporary hawker licence which
authorizes him to hawk from a fixed pitch may provide and hawk
from a stall (other than a wall stall) that is designed and con-
structed in accordance with specifications previously approved by
the Council.

41. Notwithstanding by-law 40, the Council may permit a
licensee who holds a fixed-pitch hawker licence, on receiving a
written application from him for the purpose, to erect on any fixed
pitch that is for the time being allocated to him under by-law 33
(not being one on which the Council provides a stall) a wall stall
that is designed and constructed in accordance with specifications
previously approved by the Council.

42. A licensee who holds an itinerant hawker licence may
provide and hawk from a mobile stall that is designed and con-
structed in accordance with specifications previously approved by
the Council.

43. Where the Council gives any approval to a licensee under
by-laws 40 to 42, it shall cause the approval and any conditions
subject to which it is given to be endorsed on the licensee's licence.

44. Neither a licensee nor any other person shall use a stall for
any purpose other than hawking.





45. (1) A licensee shall not erect or use a stall that is not
readily movable from a fixed pitch, unless the stall is one provided
on the pitch by the Council.

(2) A licensee who provides a stall on a fixed pitch shall
remove the stall from the pitch as soon as he ceases to be entitled to
the use of the pitch.

46. A licensee shall not, in erecting a stall on a fixed pitch,
cause or authorize any holes or other damage to be made in or in the
vicinity of the pitch.

47. A licensee shall not-

(a)attach or permit the attaching of one stall to another stall;
or

(b)except in the case of stalls established within Housing
Authority estates with the permission of the Housing
Authority or of stalls provided by the Council, hawk from
a stall which is attached to another stall.

48. Except as provided in by-law 49, a licensee, while using
a fixed pitch, shall ensure that all commodities being hawked by
him or on his behalf, and all equipment or other objects used by
him in connection with hawking, are placed within the boundaries
of the pitch.

49. (1) Where a licensee who holds a fixed-pitch hawker
licence authorizing him to deal in drink or cooked food is for the
time being allocated a fixed pitch under by-law 33(1), the Council
may, by endorsement on his licence, permit him to place in accor-
dance with this by-law in any area approved by it in the immediate
vicinity of the pitch such number of tables, stools, and chairs as it
specifies in the endorsement.

(2) On giving permission to any such licensee under para-
graph (1) the Council shall attach to the licence-

(a)a scale plan showing the fixed pitch and the area in which
the tables and stools of the hawker are permitted to be
placed; and

(b) a photograph of the pitch and its immediate vicinity.

(3) Every such licensee shall ensure that-

(a) each of the permitted tables-
(i) has a surface area not exceeding 0.4 m';
(ii) is collapsible; and
(iii) is kept within the permitted area; and

(b) each of the permitted stools or chairs is-
(i) collapsible; and
(ii) kept within the permitted area.





(4) The Council may at any time withdraw permission given
under paragraph (1).

50. (1) Every licensee shall at all times maintain the equip-
ment that is used by him in connection with his business in a safe,
clean, and hygienic condition.

(2) Without prejudice to paragraph (1), every licensee shall
clean or paint his stall as often as he may be directed to do so by the
Council or by any officer authorized by the Council for the purpose.

51. (1) Every licensee, whether itinerant or operating from a
fixed pitch, shall provide such number of refuse bins or receptacles
which comply with paragraph (2) as may be necessary to hold the
refuse resulting from the conduct of his business.

(2) Every such bin or receptacle shall be of sound construc-
tion and conform with such requirements and specifications as
the Council may from time to time specify.

(3) Every licensee required to provide bins of receptacle under
this by-law shall ensure that they are at all times maintained in a
good state of repair. The Council, or any officer of the Urban
Services Department authorized by the Council or any police officer,
may require a licensee to replace any such bin or receptacle if it or he
considers that the bin or receptacle is not in a good state of repair;
and the licensee shall comply with the requirement within 24 hours
of being notified of it.

(4) Without prejudice to by-law 39, every licensee, and every
assistant of a licensee, shall deposit any refuse or waste material
emanating from the business of the licensee in a refuse bin or
receptacle required to be provided under paragraph (1).

(5) Every licensee shall ensure that all refuse which is accumu-
lated in refuse bins or receptacles provided under paragraph (1) is
deposited in a public refuse bin or in a refuse disposal vehicle
operated by the Urban Services Department.

(6) No licensee or assistant of a licensee shall deposit waste
liquids in any street or other public place.

(7) The Council may for the purpose of this by-law specify the
size, shape, design, and material of refuse bins or receptacles to be
provided by licensees.

52. (1) Without prejudice to by-law 50, every licensee, who is
the holder of a fixed-pitch hawker licence authorizing him to deal in
drink or cooked food shall ensure that-

(a)any stall or place used by him for the preparation of food
or drink, and all apparatus and utensils used in connection
with his trade, are kept clean and free from deleterious
substances, contamination, and pollution;





(b)any such food or drink is kept in clean and hygienic condition,
either by the use of a glass, plastic, or metal enclosure or by
other means approved by the Council, so that the food or
drink cannot be contaminated by any dust, dirt, insects, or
vermin;

(c)his personal clothing and that of his assistants is kept in a
state of cleanliness;

(d)every water container that is used by him in connection with
his trade is scrubbed out at least once a week with a
disinfectant of a type approved by the Council;

(e)food sold from his pitch is not packed in such a manner as to
allow it to come into contact with any paper that is not clean.

(2) No such licensee shall provide for drinking, or for use in
cooking or washing or for any purpose pertaining to his business

(a)any water other than water from a tap connected to a
Government water main; or

(b)any water from a tap or other source within a public or private
convenience or lavatory.

53. Every licensee shall ensure that no stall or other equipment
used by him in the course of his trade is erected or placed in such a
manner as to obstruct or interfere with the free flow of vehicular traffic
or the free movement of pedestrians.

54. (1) No licensee shall install or connect any electrical appliances,
electrical wiring, or other electrical equipment for the purposes of his
trade unless he has previously obtained in writing the approval of the
Council.

(2) Every licensee shall ensure that any appliance, wiring, or
equipment for which he has obtained approval under paragraph (1) does
not constitute a danger or hazard to any person or property.

PART V

MISCELLANEOUS PROVISIONS

55. (1) Every licensee shall comply with-

(a) the conditions of his licence;

(b)any conditions notified to him of which he has notice under
by-law 3 1; and

(c)any condition subject to which the Council grants to him any
approval under these by-laws.

(2) Every licensee shall ensure that no assistant employed by him in
connection with his business contravenes any such condition.





56. (1) [Deleted, L.N. 1431871

(2) Any licensee who contravenes any of the provisions of
by-laws (1), 15(1), 15(3), 16, 22 to 24, 25(2), 28(3), 28(4),
30(1), 32, 33(3), 34(1), 34(4), 37 to 39, 45 to 48, 49(3), 51(1), 51(3),
51(5), 52, 54 and 55 is guilty of an offence, and is liable on conviction
to a fine of $1,500 and, in the case of a continuing offence, is liable
to a further fine of $50 for each day during which the offence has
continued.

(2A) Any licensee who contravenes by-law 53 is guilty of an
offence and is liable on conviction to a fine of $2,500 and to
imprisonment for 1 month and, in case of a continuing offence, to a
further daily fine of $50.

(3) Any licensee, or any assistant employed by a licensee, who
contravenes by-law 51 (4) or (6) is guilty of an offence, and is liable on
conviction 3 . to a fine of $1,500.

(4) Any person, being a former licensee or the personal
representative of a deceased licensee, who fails to comply with by-law
20 is guilty of an ofrence, and is liable on conviction to a fine of $500.

(5) Any person (whether a licensee or otherwise) who contravenes
any of the provisions of by-laws 14, 15(2), 29, 36, and 44 is guilty of an
offence, and is liable on conviction to a fine of $1,500 and, in the case of
a continuing offence, to a further fine of $50 for each day during which
the offence has continued.

(6) Any person who acts as the deputy of a licensee when he knew
or ought to have known that the licensee had not obtained permission
from the Council for him to act in that capacity is guilty' of an offence,
and is liable on conviction to a fine of $2,500 and, in the case of a
continuing offence, to a further fine of S 150 for each day during which
the offence has continued.

(7) Any person (whether a licensee or otherwise) who, for the
purpose of obtaining any licence, permission, or approval under these
by-laws, either for himself or any other person, makes any
representation, whether oral or written, to the Council or any employee
or agent of the Council being a representation which he knows to be
false as to a material particular is guilty of an offence, and is liable on
conviction to a fine of $5,000 and to imprisonment for 6 months.

(8) Where a particular degree of fault is not specified in respect of
an element of an offence against these by-laws, that offence
nevertheless requires negligence in the defendant as to that element. In
any such case negligence may be treated as established in the absence
of proof to the contrary. Where the fault proved by the evidence is of a
higher degree than negligence, negligence shall be taken as established.

(9) For the purposes of paragraph (8) a person is negligent if he
fails to exercise such care. skill, or foresight as a reasonable man in his
situation would exercise.





57. Where a licensee is convicted of an offence against these by-
laws, after having been previously convicted of a similar offence or any
other offence against these by-laws (whether in his capacity as a
licensee or otherwise), the magistrate convicting him may, in addition to
or instead of imposing a penalty authorized by by-law 56, recommend to
the Council that the licence of the licensee be cancelled or suspended
under section 125 of the Ordinance.

58. The offences specifically designated for the purposes of the
application of section 86A(1)(a) of the Ordinance are those involving a
contravention of section 83B(3) of the Ordinance and by-laws 5, 22, 36,
and 48.

SCHEDULE

FEES

PART I [by-laws 7, 11, 17 and
21.]
FEES FOR THE ISSUE AN RENEWAL OF LICENCES

1 ................Fixed-pitch hawker licence . $1,000 per year

2....................Itinerant hawker licences-
(a) Mobile van .............................. $19,000 per year
(b) Frozen confectionery ........................... $1,000 per year
(e) Tradesman .....J .......$1,000 per year
(d) Other classes ....................... $500 per year

3.....................Temporary licence ................. $230 or if it
............................permits the holder
............................to hawk from a
............................fixed pitch l/ 12 of
............................the appropriate
............................annual licence fee
............................and pitch fee per
............................month or part of
............................a month.

4.......................Deputy's permit ....... ..... half of the fee of his
............................principal's licence
5.......................Duplicate licence or permit ..... $135

PART II [by-law 28.]

Fee for the use of a fixed pitch on which a meter is

erected ....................... ......... ..................................
50c. for each period of
........................4 hours.





PA PART III [by-law 33.]

FEES FOR THE ALLOCATION OF FIXED
PITCHES

1...................Bootblack ......................... $300 per year
2...................Cooked food or light refreshment ......................... $18,000 per year
3...................Newspaper ........................ $1,200 per year
4...................Tradesman ........................ $1,600 per year

5...............Barber .................. ......................
$300 per year

6. Wall stall-
(a) not exceeding 1.1 square metres ...................... $300 per year
(b) exceeding 1. 1 square metres ...................... $3,350 per year

7. Other classes---

(a) not exceeding 1. 1 square elres ..................... $1,600 per year

(b) exceeding 1.1 square metres but .t exceeding 1.7

square metres ... ........................... 52,400 per year

(e) exceeding 1.7 square metres but not exceeding 2.2

square metres ...................... $3,200 per year
L.N. 202/72. L.N. 244/72. L.N. 3/73. L.N. 73/73. 23 of 1973. L.N. 35/74. L.N. 71/75. L.N. 278/75. L.N. 41/77. L.N. 229/77. L.N. 275/77. L.N. 132/78. L.N. 89/79. 77 of 1979. L.N. 317/79. L.N. 338/80. L.N. 400/81. L.N. 435/82. 10 of 1986. L.N. 76/87. L.N. 143/87. L.N. 296/87. Citation. 10 of 1986, s. 32(2). Interpretation. L.N. 73/73. 23 of 1973, s. 36. Application. 10 of 1987, s. 32(2). (Cap. 374, sub. leg.) Hawker permitted places. L.N. 71/75. L.N. 3/73. L.N. 71/75. Hawkers to be licensed. Restrictions on issue of licensed. Applications for licences. Schedule, Part I. L.N. 73/73. Issue of fixed-pitch hawker licences. L.N. 73/73. Itinerant hawker licences. L.N. 35/74. Temporary licences. Deputies. Schedule, Part I. Assistants. L.N. 143/87. Licences not transferable or transmissible. Licences not to be altered or defaced. Possession of licences. Licensees to produce licences for inspection on demand. 23 of 1973, s. 36. Issue of duplicate licences. Schedule, Part I. Duration of licences. Cancellation of licenees, etc. Licence to be surrendered on termination. L.N. 73/73. Renewal of licences. L.N. 3/73. Schedule, Part I. Restrictions on areas in which licensee may hawk. L.N. 73/73. Council to be notified of change of particulars. Council may require production of licence for amendment. Register of Licence to be kept. Delineation of fixed pitches. L.N. 73/73. Meters. Schedule, Part II. Interference with meters. Use of metered pitches. Control of use of fixed pitches. Temporary closure of pitches. Allocation of fixed pitches. Schedule, Part III. Schedule, Part III. Council may require allocated pitch to be vacated either permanently or temporarily. 23 of 1973, s. 36. Cancellation of allocation at request of licensee. Pitches to be used only by holders of fixed pitch licences. L.N. 73/73. Use of pitches. Fixed pitch licensees to be present on pitches at all reasonable times. Fixed pitches to be kept in safe and clean condition. Stalls for holders of fixed-pitch and temporary hawker licensee. Erection of wall stalls permitted in certain cases. Stalls for holders of itinerant hawker licences. Approval to be endorsed on licence. Stalls to be used only for hawking. Removal of stalls from pitches. Licensee not to damage pitch. Stalls not to be joined. 23 of 1973, s. 36. Licensees not to place commodities and equipment outside pitches. Use of tables and stools by holder of fixed-pitch hawker licences authorized to deal in drink or cooked food. L.N. 89/79. Equipment to be maintained in safe and clean condition. Refuse bins to be provided. Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food. Licensee not to cause obstruction. Electrical equipment not to be installed without approval of Council. Licensee to comply with conditions of licence. Offences and penalties. L.N. 296/87. L.N. 296/87. Magistrate may recommend cancellation or suspension of licence. Forfeiture of equipment. L.N. 275/77.L.N. 76/87. L.N. 76/87.

L.N. 202/72. L.N. 244/72. L.N. 3/73. L.N. 73/73. 23 of 1973. L.N. 35/74. L.N. 71/75. L.N. 278/75. L.N. 41/77. L.N. 229/77. L.N. 275/77. L.N. 132/78. L.N. 89/79. 77 of 1979. L.N. 317/79. L.N. 338/80. L.N. 400/81. L.N. 435/82. 10 of 1986. L.N. 76/87. L.N. 143/87. L.N. 296/87. Citation. 10 of 1986, s. 32(2). Interpretation. L.N. 73/73. 23 of 1973, s. 36. Application. 10 of 1987, s. 32(2). (Cap. 374, sub. leg.) Hawker permitted places. L.N. 71/75. L.N. 3/73. L.N. 71/75. Hawkers to be licensed. Restrictions on issue of licensed. Applications for licences. Schedule, Part I. L.N. 73/73. Issue of fixed-pitch hawker licences. L.N. 73/73. Itinerant hawker licences. L.N. 35/74. Temporary licences. Deputies. Schedule, Part I. Assistants. L.N. 143/87. Licences not transferable or transmissible. Licences not to be altered or defaced. Possession of licences. Licensees to produce licences for inspection on demand. 23 of 1973, s. 36. Issue of duplicate licences. Schedule, Part I. Duration of licences. Cancellation of licenees, etc. Licence to be surrendered on termination. L.N. 73/73. Renewal of licences. L.N. 3/73. Schedule, Part I. Restrictions on areas in which licensee may hawk. L.N. 73/73. Council to be notified of change of particulars. Council may require production of licence for amendment. Register of Licence to be kept. Delineation of fixed pitches. L.N. 73/73. Meters. Schedule, Part II. Interference with meters. Use of metered pitches. Control of use of fixed pitches. Temporary closure of pitches. Allocation of fixed pitches. Schedule, Part III. Schedule, Part III. Council may require allocated pitch to be vacated either permanently or temporarily. 23 of 1973, s. 36. Cancellation of allocation at request of licensee. Pitches to be used only by holders of fixed pitch licences. L.N. 73/73. Use of pitches. Fixed pitch licensees to be present on pitches at all reasonable times. Fixed pitches to be kept in safe and clean condition. Stalls for holders of fixed-pitch and temporary hawker licensee. Erection of wall stalls permitted in certain cases. Stalls for holders of itinerant hawker licences. Approval to be endorsed on licence. Stalls to be used only for hawking. Removal of stalls from pitches. Licensee not to damage pitch. Stalls not to be joined. 23 of 1973, s. 36. Licensees not to place commodities and equipment outside pitches. Use of tables and stools by holder of fixed-pitch hawker licences authorized to deal in drink or cooked food. L.N. 89/79. Equipment to be maintained in safe and clean condition. Refuse bins to be provided. Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food. Licensee not to cause obstruction. Electrical equipment not to be installed without approval of Council. Licensee to comply with conditions of licence. Offences and penalties. L.N. 296/87. L.N. 296/87. Magistrate may recommend cancellation or suspension of licence. Forfeiture of equipment. L.N. 275/77.L.N. 76/87. L.N. 76/87.

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