PRIVATE MARKETS (REGIONAL COUNCIL) BY-LAWS

PRIVATE MARKETS (REGIONAL COUNCIL) BY-LAWS

PRIVATE MARKETS (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law .................................... Page
PART I

PRELIMINARY

1. Citation................................ ... ... ... ... ... ... ... ... ... BI 2
2..........Application ....................... ... ... ... ... ... ... ... ... ... B1 2
3..........Interpretation .................. ... ... ... ... ... ... ... ... ... B1 2

PART II

REGISTRATION OF PRIVATE MARKETS AND REGULATION THEREOF GENERALLY

4. Registration of private markets ........ ... ... ... ... ... ... ... ... B1 2
5. Restriction on alteration of market building or stalls ... ... ... ... ... BI 3
6. Maintenance and repair of markets ......... ... ... ... ... ... ... ... B1 3
7. Stalls in private markets to be numbered and classified ... ... ... ... ... BI 3
8. Restrictions on sale of commodities in private markets ... ... ... ... ... B14
9. Annual account ......................... --- --- ... ... ... ... ... B14
10..................Copies of by-laws to be posted ... ... ... ... ... ... ... ... ... ... B14
11. Power of Council to prescribe hours during which private market to be closed to
public ............................... ... ... ... ... ... ... ... ... B14
12..................Cleanliness of private markets ... ... --- ... ... ... ... ... ... B15
13.......................Obstruction of private market by stalls ... ... ... ... ... ... ... ... B15
14...........................Hawking, etc. in private market prohibited --- ... ... ... ... ... ... B15
15..................................Hawkers not to deposit or store goods, etc. in private market ... ... ... B15
16..................................Restriction on cleaving of carcasses and plucking, etc. of poultry ... ... ... B15
17.......Refuse ........................... ... ... ... ... ... ... ... ... ... B15
18................................Restriction on transport of goods through private market ... ... ... ... B15
19..............Prohibition of begging .... ... ... ... ... ... ... ... ... ... ... ... B15
20.......Dogs ................................... ... ... ... ... ... ... ... B16
21..............Disorderly conduct ........ ... ... ... ... ... ... ... ... ... ... B16

PART III

LICENSING AND DUTIES OF STALLHOLDERS

22................Licensing of stallholders ... ... ... ... ... ... ... ---. ... ... ... B1 6
23. Stall cards B16
24. Register of employees of licensed stallholder ... ... ... ... ... ... ... ... B16
25. Cleanliness of stalls ... ... ... ... ... ... ... ... ... ... ... ... ... B16
E

26. Goods, etc. not to be deposited or stored outside stall ... ... . ... ... ... B17

PARTIV

OFFENCES AND PENALTIES

27. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... B17
28. Name in which proceedings for offences may be brought ... ... ... ... ... B17





PRIVATE MARKETS (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 80)

[1 July 1963.1

PART 1

PRELIMINARY

1. These by-laws may be cited as the Private Markets
(Regional Council) By-laws.

2. These by-laws apply to the Regional Council area only.

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

'commodity' includes live stock;

'Council' means the Regional Council;

1icensed stallholder' means a person licensed under by-law 22 to
carry on business from a stall in a private market;

,,owner', in relation to a private market, means the person by whom
the market place is operated;

'private market' includes any building, shop, stall, shed, pen,
or standing and any drainage or latrine accommodation
appurtenant thereto, which comprise or form part of the
market place;

',stall' includes any pen or cage.

PART II

REGISTRATION OF PRIVATE MARKETS AND
REGULATION THEREOF GENERALLY

4. (1) No private market shall be carried on unless it is
registered by the Council.

(2) No private market shall be registered by the Council
unless-

(a)plans of the market place, including plans of all buildings,
stalls, sheds, pens, storerooms, latrine accommodation and
drainage works appurtenant to the market place have been
approved by the Council; and

(b) at the time of registration such plans are accurate.





(3) Notwithstanding anything contained in paragraph (2), the
Council may refuse to register any private market if it considers
the registration thereof not to be in the public interest.

(4) For the purposes of first registration of any private market,
the application therefor shall be submitted to the Council accom-
panied by 2 copies of the plans referred to in paragraph (2).

(5) Every plan, or any modification thereof, submitted to the
Council for the purposes of an application for the registration of
a private market shall, when it is approved by the Council, be
endorsed to that effect, and one copy thereof shall be returned to
the applicant.

(6) Every registration of a private market shall be renewable
annually on 1 July.

(7) The registration or the renewal of the registration of a
private market shall be subject to the payment in advance to the
Council of a fee calculated at the rate of $10 per stall (whether or not
any stall is occupied) up to a maximum fee of $1,000:

Provided that, where a private market is first registered in the
second half of any year of registration, the fee payable in respect of
the grant of registration shall be one-half of the fee prescribed.

5. No alteration or addition shall be made to any private
market or to any structure, or stall or any latrine or drainage
works comprising any part of the market place otherwise than in
accordance with plans approved by the Council.

6. (1) If in the opinion of the Council any part of a private
market is in such a state by reason of dilapidation or lack of repair
as to be unfit or unsuitable for the purpose of a private market,
the Council, by notice served upon the owner of such market, may
require him within such period, not being less than 30 days after the
service of the notice, as shall be specified in the notice, to remedy
such dilapidation or carry out such repairs to the satisfaction of the
Council as shall be specified in the notice.

(2) If the owner of a private market fails to comply with the
requirements of any notice served upon him in accordance with the
provisions of paragraph (1), the Council may enter upon the
premises in which the market is carried on and may carry out or
cause to be carried out all such work as may be necessary for
compliance with the notice and may recover the cost thereof from
the owner of the market. ---

7. (1) Before first registration of any private market, the
owner thereof shall allot a consecutive number to each stall, which
shall be clearly indicated thereon in permanent form, and shall
inform the Council of the nature of the commodities which will be
sold therefrom.





(2) The Council may by notice served upon the owner of any
private market, either before first registration or at any time there-
after, prohibit the sale of any specified commodity from any stall
at which any other specified commodity is sold, and a copy of
such notice shall be kept posted by the owner of the market in a
conspicuous place in the market during the currency of such notice.

(3) Any owner of a private market who fails to post a copy of
any notice served upon him in accordance with paragraph (2) and
any person who after the posting of such copy fails to comply with
the terms thereof shall be guilty of an offence.

8. (1) No commodity other than fresh meat, fresh fish,
poultry, fresh vegetables or fruit or such other commodity as the
Council may from time to time permit, either generally or in any
particular case, shall be sold in a private market.

(2) No commodity shall be sold in a private market otherwise
than from a stall in that part of the market place set aside by the
Council as the part in which such commodity may be sold.

(3) No commodity shall be sold in a private market otherwise
than by retail.

9. (1) The owner of every private market shall cause to be
prepared for every period of 12 months ending on 31 March in each
year an income and expenditure account, which shall be delivered,
not later than 14 April next following the end of the period covered
by the account, to the Council for inspection and return.

(2) Every account referred to in paragraph (1) shall be in
such form as the Council may require, either generally or in any
particular case, and, immediately after the return thereof by the
Council the owner of the market to which such account relates shall
cause the account, together with any report by the Council thereon,
to be posted in a conspicuous place in the market place and there
to remain posted for not less than 7 consecutive days.

10. The owner of any private market shall cause one copy of
these by-laws in the English language and one copy thereof in the
Chinese language to be kept posted at all times in a conspicuous
position in every private market place.

11. (1) The Council may prescribe the hours during which a
private market shall be closed to the public.

(2) Where the Council has prescribed the hours during which a
private market shall be closed to the public, it shall cause a notice
specifying such hours to be posted in a conspicuous position in the
market place.





(3) Save with the permission in writing of the Council, no
person shall be in a private market during the hours prescribed by
the Council as the hours during which the market shall be closed to
the public.

12. (1) Every private market shall at all times be maintained
by the owner thereof in a clean and sanitary condition.

(2) If at any time the Council is of the opinion that a private
market is not in a clean and sanitary condition it may, after serving
upon the owner thereof 24 hours' notice of intention, carry out, or
cause to be carried out, such work as may be necessary to render the
market clean and sanitary and, for that purpose, may, by notice in
writing served on any licensed stallholder of such market, require
him, at a time to be specified in the notice, to remove from his stall
all articles of what kind so ever during such time as may be required
to cleanse the stall and such part of the market as is adjacent thereto.

(3) Any expenses incurred by the carrying out under para-
graph (2) of any work may be recovered by the Council from the
owner of the market.

13. No person shall erect any structure or place any article or
vehicle in a private market so as to cause thereby obstruction in any
passageway or open space therein intended for access by the public.

14. No person shall hawk or cry for sale in a private market
any goods or wares whatsoever.

15. No hawker shall deposit or store in a private market any
goods or wares or other articles whatsoever.

16. (1) No person in a private market shall cleave a carcass,
or any part of a carcass, except upon a cleaving block, a chopping
board or hooks provided for the purpose.

(2) No person in a private market shall kill, bleed, pluck, scald
or clean any poultry or game otherwise than in a place approved for
that purpose by the Council.

17. No person shall throw or deposit any filth or refuse of any
kind whatsoever in any passageway, surface channel or thorough-
fare in a private market.

18. No person shall transport through a private market any
goods or wares intended for sale elsewhere than in the market.

19. No person in a private market shall beg or gather alms or,
for the purpose of gathering alms, expose or exhibit any sores,
wounds or bodily ailment or deformity.





20. No person shall cause or suffer any dog that belongs to
him or is in his charge to enter or remain in a private market.

21. No person in a private market shall behave in a disorderly
manner.

PART III

LICENSING AND DUTIES OF STALLHOLDERS

22. (1) Save under and in accordance with a licence granted
by the Council, no person shall carry on business from a stall of a
private market.

(2) Every such licence shall be renewable annually on 1 July.

(3) The grant or renewal of such a licence shall be subject to
the payment in advance to the Council of a fee of $5:

Provided that, where the licence is issued in the second half of
any year of licence, the fee payable in respect of the grant thereof
shall be one-half of the fee prescribed.

(4) Where the Council is satisfied that any such licence has
been lost or destroyed, it may upon payment of a fee of $1 issue a
duplicate thereof.

(5) If it appears to the Council that no or no appreciable
business has been carried on from any stall for a period of 30 con-
secutive days, the Council may in its discretion, after serving upon
the licensee of such stall 7 days' notice in writing of its intention,
cancel the licence therefor.

23. (1) A licensed stallholder shall at all times keep posted in
a conspicuous position on his stall a stall card to be issued by the
Council to the stallholder upon application therefor.

(2) Every application to the Council for a stall card shall be
accompanied by 2 photographs of the licensed stallholder.

24. (1) A licensed stallholder shall at all times keep at his stall
a register in a form to be prescribed by the Council containing the
name and a photograph of each person for the time being employed
by him at the stall.

(2) Every such register shall at all times be kept up to date and
shall be produced for inspection upon demand by any police officer
or health officer or officers of the Regional Services Department.

25. Every licensed stallholder shall at all times keep his stall in
a clean and sanitary condition and shall provide and use thereat a
dustbin of a type approved by the Council.





26. No licensed stallholder shall deposit or store any of his
goods or wares or any other article belonging to him in any part of
the market outside his stall or permit or suffer any of his goods or
wares or any such other article to be so placed or stored or to
project outside his stall.

PART IV

OFFENCES AND PENALTIES

27. (1) In the event of a contravention of by-law 4(1) or 5, the
person by whom the private market is being carried on and any
person taking any part in the management thereof shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$2,000 and to imprisonment for 3 months and shall be liable in
addition to a fine of $100 for each day during which it is proved to
the satisfaction of the 8Ah that the offence has continued.

(2) Any person who contravenes by-law 22(1) shall be guilty of
an offence and shall be liable on summary conviction to a fine of
and to imprisonment for 3 months and shall be liable in
addition to a fine of $100 for each day during which it is proved
to the satisfaction of the jotrt that the offence has continued.

(3) In the event of a contravention of by-law 7, 9, 10, 12(1) or
13 the owner of the private market and any person taking any part
in the management thereof shall be guilty of an offence and shall be
liable on summary conviction to a fine of $2,990.

(4) Any licensed stallholder who contravenes by-law 8, 23(1),
25 or 26 shall be guilty of an offence and shall be liable on summary
conviction to a fine of

(5) Any person who-

(a)contravenes by-law 11(3), 14, 15, 16, 17, 18, 19, 20,
21 or 24; or

(b)fails to comply with a requirement made by the Council
under by-law 12(2),

shall be guilty of an offence and shall be liable on summary
conviction to a fine of$500.

28. Without prejudice to the provisions of any enactment
relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under these
by-laws may be brought in the name of the Council.
L.N. 70/63. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Registration of private markets. 10 of 1986, s. 32(2). Restriction on alteration of market building or stalls. 10 of 1986, s. 32(2). Stalls in private markets to be numbered and classified. 10 of 1986, s. 32(2). Restriction on sale of commodities in private markets. 10 of 1986, s. 32(2). Annual account. 10 of 1986, s. 32(2). Copies of by-laws to be posted. 10 of 1986, s. 32(2). Power of Council to prescribe hours during which private market to be closed to public. 10 of 1986, s. 32(2). Cleanliness of private markets. 10 of 1986, s. 32(2). Obstruction of private market by stalls. Hawking, etc. in private market prohibited. Hawkers not to deposit or store goods, etc. in private market. Restriction on cleaving of carcasses and plucking, etc. of poultry. 10 of 1986, s. 32(2). Refuse. Restriction on transport of goods through private market. Prohibition of begging. Dogs. Disorderly conduct. Licensing of stallholders. 10 of 1986, s. 32(2). Stall cards. 10 of 1986, s. 32(2). Register of employees of licensed stallholder. 10 of 1986, s. 32(2). Cleanliness of stalls. 10 of 1986, s. 32(2). Goods, etc. not to be deposited or stored outside stall. Offences and penalties. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

L.N. 70/63. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Registration of private markets. 10 of 1986, s. 32(2). Restriction on alteration of market building or stalls. 10 of 1986, s. 32(2). Stalls in private markets to be numbered and classified. 10 of 1986, s. 32(2). Restriction on sale of commodities in private markets. 10 of 1986, s. 32(2). Annual account. 10 of 1986, s. 32(2). Copies of by-laws to be posted. 10 of 1986, s. 32(2). Power of Council to prescribe hours during which private market to be closed to public. 10 of 1986, s. 32(2). Cleanliness of private markets. 10 of 1986, s. 32(2). Obstruction of private market by stalls. Hawking, etc. in private market prohibited. Hawkers not to deposit or store goods, etc. in private market. Restriction on cleaving of carcasses and plucking, etc. of poultry. 10 of 1986, s. 32(2). Refuse. Restriction on transport of goods through private market. Prohibition of begging. Dogs. Disorderly conduct. Licensing of stallholders. 10 of 1986, s. 32(2). Stall cards. 10 of 1986, s. 32(2). Register of employees of licensed stallholder. 10 of 1986, s. 32(2). Cleanliness of stalls. 10 of 1986, s. 32(2). Goods, etc. not to be deposited or stored outside stall. Offences and penalties. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

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