MARINE HAWKERS ORDINANCE

MARINE HAWKERS ORDINANCE

LAWS OF HONG KONG

MARINE HAWKERS ORDINANCE

CHAPTER 160





CHAPTER 160

MARINE HAWKERS

To provide for the licensing and control of marine hawkers.

[1 October 1950.]

1. This Ordinance may be cited as the Marine Hawkers Ordinance.

2. In this Ordinance, unless the context otherwise requires---

'marine hawker' includes any person who in the waters of the Colony

(a) trades in any vessel; or

(b)goes from place to place or goes on board any vessel, selling
or exposing for sale any goods, wares or merchandise for
immediate delivery, or exposing samples or patterns of any
goods, wares or merchandise for subsequent delivery, or
selling or offering for sale his skill in handicraft;

'place' includes any boat or vessel or any spot within the waters of the
Colony,

'vessel' has the meaning assigned thereto in section 2 of the Merchant
Shipping Ordinance.

3. Any person who trades as a marine hawker except under and in
accordance with a licence issued by the Director of Marine in
accordance with regulations made under this Ordinance shall be guilty
of an offence.

4. The Governor in Council may by regulation provide for the
control by registration, licensing or otherwise of marine hawkers and for
fees upon such registration or licensing.

5. '(1) Any person who commits an offence against this Ordinance
shall be liable on summary conviction to a fine of 5500 and to
imprisonment for 6 months.

(2) Any regulation made under this Ordinance may provide that a
contravention thereof shall be an offence and a person guilty of such an
offence shall be liable on summary conviction to a fine of $500 and to
imprisonment for 6 months unless a lesser penalty is prescribed by such
regulation.

6. (1) In the absence of a police officer it shall be lawful for any
marine officer, health officer, health inspector or member of the Customs
and Excise Service in whose presence an offence against this Ordinance
or any regulation made thereunder has been





committed, to arrest the offender and either to give him into the
custody of a police officer or take him to the nearest police station:

Provided that no such arrest shall be effected unless it is
impracticable to proceed against the offender by complaint and
summons.

(2) Where an offence against this Ordinance or any regulation
made thereunder has been committed, a police officer, marine
officer, health officer, health inspector or member of the Customs
and Excise Service may convey or cause to be conveyed before a
magistrate the goods, wares, merchandise, samples or patterns being
sold, exposed or delivered, and the utensils or other paraphernalia in
the apparent use of the offender, and the magistrate may, on
conviction of the offender, order the forfeiture of all such goods,
wares, merchandise, samples, patterns, utensils or paraphernalia, in
addition to or in substitution for any other punishment prescribed.
(Amended, 37 Qf 1950, Schedule and 46 of 1977, s. 17)
Originally 26 of 1950. (Cap. 160, 1950.) 37 of 1950. 46 of 1977. Short title. Interpretation.. (Cap. 281.) Prohibition of trading as marine hawker without licence. Power to make regulations. Penalties. Power of arrest and order of forfeiture.

Originally 26 of 1950. (Cap. 160, 1950.) 37 of 1950. 46 of 1977. Short title. Interpretation.. (Cap. 281.) Prohibition of trading as marine hawker without licence. Power to make regulations. Penalties. Power of arrest and order of forfeiture.

https://oelawhk.lib.hku.hk/items/show/2732

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