MARINE FISH (MARKETING) BY-LAWS

MARINE FISH (MARKETING) BY-LAWS

FISH (MARKETING) BY-LAWS.

0.4

V.

ARRANGEMENT OF BY-
LAWS.

By-law.

LL oJ PART I.
A
AP
INTRODUCTORY.

1.

2.

3.

Page.

Citation

Interpretation ... ...
Delegation of powers of manager ...

PART II.

PUBLICATION AND DISPLAY OF
NOTICES.

4.................Notification of markets ... ... ... ... ... ... ... ... ... ... B 4

5............................Notice of depots and ancillary establishments ... ... ... ... ... B 4

6.....................Display of administrative rules ... ... ... ... ... ... ... ... B 4

7..........................Display of hours of opening of markets ... ... ... ... ... ... B4

PART Ill.

CONTROL OVER PERSONS ENTERING
MARKET.

8........................Admittance of persons to a market ... ... ... ... ... ... ... B4

9...................................Part of a market may be set aside for sorting and weighing ... ... B 4

10............................Power to require vessel or vehicle to be moved ... ... ... ... ... B 5

PART IV.
CONTROL OVER
PURCHASERS.

11. Restriction of purchasers at a market
12. Application to become registered buyer
13. Application to register nominee buyers

14..............Entry on the register ... ... ...

15...................Removal from the register ...
16...................Employee of Organization acting as agent ...







17. Identification of registered and nominee buyers

B 5
B 5
B 6
B 6
B 6
B 7
B 7







By-law.

18. Sales to be by way of auction

19. Reserve prices in auctions ...

20. Cancellation of sales
21. Commission for sales
22. Method of payment

23. Appeal to the Organization

24. Offences and penalties

Page.

PART V.

METHOD OF SALES AND PAYMENT.

B 8
B 8
B 8
B 8

....................... ... ... ... ... ... B 8

PART VI.

APPEAL IX) THE ORGANIZATION.

PART VII.

OFFENCES AM PENALTIES.

B 9





MARINE FISH (MARKETING) BY-LAWS.

(Cap. 291, section 15).

PART I.

INTRODUCTORY.

[21st December, 1962.1

1. These by-laws may be cited as the Marine Fish (Marketing) By-
laws.

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

'ancillary establishment' means any establishment conducted by the
Organization, other than a market or depot;

'authorized representative', in relation to a corporation, means a person
appointed in writing by the corporation to represent it either
generally or for a particular purpose,

'badge of identity' means any means of identity issued by the manager
under by-law 17 for the purpose of identifying registered and
nominee buyers at a market;

'corporation' means any person or body of persons incorporated by
virtue of any Ordinance of the Colony, and also means any
company registered under the Companies Ordinance;

'depot' means a depot conducted by the Organization,

'manager' means the person appointed by the Organization to be the
manager of a market.,

'marine fish' means any fish or part thereof, whether fresh or
processed, in any manner indigenous in sea water or partly in fresh
water and partly in sea water, including any product derived
therefrom, but excluding all crustaceans or molluscs and fish alive
and in water;

'market' means a wholesale marine fish market conducted by the
Organization;

'nominee buyer' means a person whose name is entered on the register
in accordance with sub-paragraph (b) of paragraph (1) of by-law
14;

'Organization' means the Fish Marketing Organization established
under section 9 of the Ordinance;

'person' includes a corporation but does not include an
unincorporated body of persons;

'register' means the register which is required to be maintained under
by-law 14,

'registered buyer' means a person whose name is entered on the
register in accordance with sub-paragraph (a) of paragraph (1) of
by-law 14.





3. The manager may, with the approval of the Organiza-
tion, in writing, delegate to any employee of the Organization,
either generally or for any particular occasion and by name or by
reference to a particular post, such of his powers and functions
under these by-laws as he considers necessary:

Provided that no delegation made hereunder shall preclude
the manager from exercising or performing at any time any of the
powers or functions so delegated.

PART II.

PUBLICATION AND DISPLAY OF NOTICES.

4. Whenever the Organization assumes responsibility for the
regulation and the conduct of a market, or establishes a market,
a notification stating the name and location of any such market
shall be published in the Gazette.

5. A notice specifying the name and address of any depot
and any ancillary establishment shall be conspicuously posted at
all markets.

6. Where the Organization has made administrative rules
for any market, depot, or ancillary establishment such administra-
tive rules shall be conspicuously displayed both in English and
Chinese in every market, depot, or ancillary establishment to which
they refer.

7. The Organization shall determine the hours during which
each market shall be open for the conduct of business, and a notice
of the hours of opening shall be conspicuously displayed at each
market.

PART III.

CONTROL OVER PERSONS ENTERING MARKET.

8. (1) During the hours when a market is open for the
conduct of business, it shall be open to any person having a bona
fide interest in the business of such market, but the manager may
refuse to admit any person and may order any person to leave a
market if he thinks it desirable for the proper conduct. of the
market.

(2) During the hours when a market is closed, no person shall
enter the market without the permission of the manager.

9. The Organization may set aside part of a market to be
used for the sorting or weighing of marine fish, and no person shall
enter the part of the market set aside for this purpose without the
permission of the manager.





10. The manager may require that any vessel berthed at the
waterfront of a market, or any vehicle parked within a market, be moved
from the waterfront or any part of the waterfront of a market, or from the
market or any part of the market.

PART IV.

CONTROL OVER
PURCHASERS.

11. (1) No person shall be entitled to bid at an auction in a market
or purchase marine fish at a market unless he is

(a) a registered buyer;

(b)in the case of a corporation which is a registered buyer, an
authorized representative of the corporation.

(c)an employee of the Organization, acting on the instructions of
the manager and in accordance with by-law 16.

(2) In the absence of a registered buyer, a nominee buyer of such
registered buyer shall be entitled to bid at an auction in a market or
purchase marine fish at a market, as agent for such registered buyer.

12. (1) Any person may apply to have his name entered on the
register as a registered buyer.

(2) An applicant for registration as a registered buyer shall furnish
the manager with the following particulars

(a)his name, including business name if he carries on business
in a name other than his own;

(b) his business and private addresses;

(C)

in the case of an employee or agent of another person, the
name including the business name and the business and
private addresses of his employer or principal;

(d)in the case of a representative of a hospital, institution, or
unincorporated body of persons, the name and address of the
hospital, institution or unincorporated body of persons that
he represents; and

(e) the nature of his business, or reason for his application.

(3) On the receipt of an application under this by-law manager may

(a)

accept an applicant as a registered buyer, subject to the
condition that he should observe the provisions of these by-
laws and of any administrative rules made by the Organization
and duly displayed in accordance with bylaw 6. or





(b)refuse to accept an applicant as a registered buyer on the
grounds that he

(i) is not a suitable person, or

(ii) has no bona fide interest in the wholesale marketing of
marine fish.

(4) The manager shall, if requested to do so, state in writing the
grounds for his refusal to accept an applicant as a registered buyer.

13. (1) A registered buyer may apply to the manager to have the
name or names of persons employed or nominated by him entered on the
register as a nominee buyer or nominee buyers to act as agents of the
applicant.

(2) On receipt of an application under paragraph (1) the manager
may

(a)accept any such person as a nominee buyer of the applicant,
subject to the condition that he should observe the provisions
of these by-laws and of any administrative rules made by the
Organization and duly displayed in accordance with by-law 6;
or

(b)refuse to accept any such person as a nominee buyer of the
applicant, on the grounds that

(i) the person is not a suitable person; or

(ii) a sufficient number of nominee buyers are already
registered as nominee buyers of the applicant.

(3) The manager shall, if requested to do so, state in writing the
grounds for his refusal to accept any person as a nominee buyer of the
applicant.

14. (1) The manager shall maintain a register, in which he shall enter

(a)the name of any person who has been accepted as a
registered buyer under paragraph (3) of by-law 12; and

(b)opposite the name of the registered buyer. the name of any
person who has been accepted as a nominee buyer of such
registered buyer under paragraph (2) of by-law 13.

(2) The register shall be available for inspection free of charge
during the hours when a market is open for the conduct of business.

15. (1) The manager may remove the name of any registered buyer
from the register in the following circumstances

(a) at the request of the registered buyer;

(b) on the death of the registered buyer.





(c)when the registered buyer has not used the facilities of
the market for a period of 12 months. and having been
requested to do so in writing by the manager, has failed
within one month from such request to show good cause
why his name should remain on the register; or

(d)on the grounds that he has failed to comply with the
condition imposed on him under sub-paragraph (a) of
paragraph (3) of by-law 12.

(2) The manager may remove the name of any nominee buyer
from the register in the following circumstances-

(a)at the request of the nominee buyer himself, or of the
registered buyer, opposite whose name the name of the
nominee buyer has been entered on the register,
(b) on the death of the nominee buyer.

(c)on the grounds that he has failed to comply with the
conditions imposed on him under sub-paragraph (a) of
paragraph (2) of by-law 13.. or
(d)when the name of the registered buyer, opposite which
his name has been entered on the register. has been
removed from the register under these by-laws.

(3) When the manager has removed the name of any regis-
tered buyer under sub-paragraph (d) of paragraph (1) or the name
of any nominee buyer under sub-paragraph (c) of paragraph (2),
he shall forthwith notify the registered buyer or nominee buyer of
his decision and shall state the grounds on which his decision is
based.

16. (1) The manager may appoint an employee of the
Organization to bid at an auction in a market. or to purchase
marine fish, as agent for any person who is not a registered buyer.

(2) An employee of the Organization who has been appointed
under paragraph (1) may not bid at any auction, unless he has,
before the bidding has commenced. informed the auctioneer and
all other persons present at that time of his intention to bid at the
auction.

17. (1) The manager shall issue a badge of identity to each
registered buyer, which shall be returned when the registered
buyer ceases to be registered.

(2) A badge of identity shall not be transferable and no
person who has been issued with a badge of identity shall permit
or suffer it to be carried or used by any other person in a market:

Provided that-

(a)a registered buyer may permit or suffer a badge of identity
issued to him to be carried and used in a market by his
nominee buyers; and





(b)a corporation that is a registered buyer may permit or suffer a
badge of identity issued to it to be carried and used in a
market by its authorized representatives.

(3) A badge of identity issued to a registered buyer shall not be
carried or used in a market by any person other than a registered buyer,
or the nominee buyer of such registered buyer, or the authorized
representative of a corporation that is a registered buyer.

PART V.

METHOD OF SALES AND
PAYMENT.

18. All sales of marine fish at a market shall be by way of auction,
except where an alternative method of sale is authorized by the manager
with the approval of the Organization.

19. (1) If. before the bidding has commenced for any marine fish at
an auction in a market, the seller or his agent informs the auctioneer and
all other persons present at that time, he may place a reserve price on
any marine fish to be sold.

(2) When a reserve price has been placed in accordance with
paragraph (1) and in the bidding the reserve price is not reached, the
auctioneer shall declare the fish not to be sold.

20. The manager may, with the approval of the Organization, cancel
any sale of marine fish made at a market.

21. (1 ) There shall be payable to the Organization, for the services
provided in respect of sales at a market, a commission at the rate of six
per cent of the purchase price of any marine fish.

(2) The commission may be deducted from the purchase price by
the manager before payment is made to the seller.

22. (1) All payments for the purchase of marine fish at a market shall
be made to the manager, who shall be responsible for payment to the
seller.

(2) The manager may allow a registered buyer or a nominee buyer
to make purchases on credit. subject to such terms and conditions as
shall have been approved by the Organization.

(3) The manager may accept cash deposits from any registered
buyer or nominee buyer for future purchases at a market.

PART VI.

APPEAL TO THE
ORGANIZATION.

23. (1) If any person is dissatisfied with any decision of the
manager, acting in the exercise of his discretion under any of the
following provisions





(a) paragraph (1) of by-law 8;
(b) by-law 10;
(c) paragraph (3) of by-law 12;
(d) paragraph (2) of by-law 13; or
(e) by-law 15,
he may apply in writing to the Organization appealing against such
decision and stating the grounds for his dissatisfaction.

(2) On receipt of an application under paragraph (1), the
Organization shall cause such investigation to be made as may
appear to be necessary in the circumstances, and if it thinks fit,
appoint a place, time and day for hearing the application.

(3) The applicant may, if he so desires, be present at the
hearing (if any) of an application under this by-law and be heard
in its support either in person or by his representative.

(4) On determining the application, the Organization may
confirm, vary, suspend or cancel the decision in question.

(5) If any person is dissatisfied with the determination of
the Organization under this by-law. he may within fourteen days
after notification by the Organization of its determination appeal
to the Governor in Council by way of petition, and the decision
of the Governor in Council shall be final.

PART VII.

1 OFFENCES AND PENALTIES.

24. Any person who-
(a)contravenes paragraph (2) of by-law 8, by-law 9, or para-
graph (2) or (3) of by-law 17;
(b)refuses to leave a market when ordered to do so by the
manager under paragraph (1) of by-law 8,
(c)being the owner or person in charge of a vessel or
vehicle, refuses to move such vessel or vehicle when
required to do so by the manager under by-law 10;
(d)in a market, bids at an auction or purchases or attempts
to purchase marine fish, when he is not authorized to do
so under by-law 11;
(e)wilfully supplies any false information in an application
for registration under by-law 12 or 13,
wilfully supplies any false information for the purposes
of obtaining credit under paragraph (2) of by-law 22;
(g)in a market, obstructs the manager or an employee of
the Organization in the performance of his duties; or
(h) in a market, acts in a disorderly manner,
shall be guilty of an offence and shall be liable on summary con-
viction to a fine of five hundred dollars.
G.N.A. 116/62. Citation. Interpretation. (Cap. 32.) Delegation of powers of manager. Notification of markets. Notice of depots and ancillary establishments. Display of administrative rules. Display of hours of opening of markets. Admittance of persons to a market. Part of a market may be set aside for sorting and weighing. Power to require vessel or vehicle to be moved. Restriction of purchasers at a market. Application to become registered buyer. Application to register nominee buyers. Entry on the register. Removal from the register. Employee of Organization action as agent. Identification of registered and nominee buyers. Sales to be by way of auction. Reserve prices in auctions. Cancellation of sales. Commission for sales. Method of payment. Appeal to the Organization. Offences and penalties.

G.N.A. 116/62. Citation. Interpretation. (Cap. 32.) Delegation of powers of manager. Notification of markets. Notice of depots and ancillary establishments. Display of administrative rules. Display of hours of opening of markets. Admittance of persons to a market. Part of a market may be set aside for sorting and weighing. Power to require vessel or vehicle to be moved. Restriction of purchasers at a market. Application to become registered buyer. Application to register nominee buyers. Entry on the register. Removal from the register. Employee of Organization action as agent. Identification of registered and nominee buyers. Sales to be by way of auction. Reserve prices in auctions. Cancellation of sales. Commission for sales. Method of payment. Appeal to the Organization. Offences and penalties.

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