RESERVED COMMODITIES (CONTROL OF SALES BY WHOLESALE) REGULATIONS

RESERVED COMMODITIES (CONTROL OF SALES BY WHOLESALE) REGULATIONS

RESERVED COMMODITIES (CONTROL OF SALES BY
WHOLESALE) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation................................. Page

1...................Citation and commencement ... ... ... ... ... ... ... ... ... B 2

2............Interpretation ............. ... ... ... ... ... ... ... ... ... B 2

3...................Application for registration ... ... ... ... ... ... ... ... ... B 2

4............Registration .................. ... ... ... ... ... ... ... ... B 2

5...................Conditions of registration ... ... ... ... ... ... ... ... ... B 3

6............................Records and returns by registered wholesaler ... ... ... ... ... B 3

7.................Certificate of registration ... ... ... ... ... ... ... ... ... ... B 3
8.................Register of wholesalers ... ... ... ... ... ... ... ... ... ... B 3
9.................Cancellation of registration ... ... ... ... ... ... ... ... ... B 3

10....................................Disposal of stock held by wholesaler on cancellation of registration ... B 4

11.............Control of stocks ........ ... ... ... ... ... ... ... ... ... B 4
12.............Inspection of stocks ..... ... ... ... ... ... ... ... ... ... ... B 4

13.............................Restriction on sales by wholesale and price control ... ... ... ... B 5

14. Prohibition of sale by wholesale to retailer convicted of offence against
Ordinance .......................... ... ... ... ... ... ... B 5

15....................................Offences in respect of applications, and records and certificates ... B 6

16...........Other offences ............. ... ... ... ... ... ... ... ... ... B 6

Schedule ...................................... ... B6





RESERVED COMMODITIES (CONTROL OF SALES BY
WHOLESALE) REGULATIONS

(Cap. 296, section 3)

1. These regulations may be cited as the Reserved Commodities
(Control of Sales by Wholesale) Regulations and shall come into
operation on a day to be appointed by the Governor by notice in the
Gazette.

2. In these regulations, unless the context otherwise requires-

'registered wholesaler' means a person registered under regulation 4 as
a registered wholesaler;

'reserved commodity' means a commodity specified as a reserved
commodity in the Schedule.

3. (1) Any person may apply to the Director to be registered as a
registered wholesaler of a reserved commodity.

(2) An application for registration as a registered wholesaler shall
be in writing in a form approved by the Director containing the following
particulars--

(a)the name of the applicant, including the business name if he
carries on business under a name other than his own;

(b) the applicant's private address;

(c)the reserved commodity in respect of which the application is
made;

(d)the premises at which the wholesale business in that reserved
commodity is to be carried on.

(3) Without prejudice to subsection (2) the Director may, in writing,
require from an applicant such further particulars as he may specify.

(4) A separate application shall be made in respect of each reserved
commodity.

4. Within 14 days of the receipt of an application under regulation 3
for registration as a registered wholesaler the Director may

(a)register the applicant as a registered wholesaler of the reserved
commodity in respect of which the application was made; or

(b)give notice in writing to the applicant of his refusal to register
the applicant.





5. (1) The registration of a wholesaler under regulation 4
shall be subject to such conditions as the Director may specify.

(2) The Director may at any time cancel or vary the conditions
of such registration or specify new conditions.

6. Without prejudice to the requirements of any condition
specified under regulation 5, the Director may require a registered
wholesaler to-
(a) keep such records; and
(b)submit to the Director such returns of wholesale transac-
tions in the reserved commodity in respect of which he is
registered, balance sheets, profit and loss accounts and
other financial records,

as he may specify.

7. (1) The Director shall issue to a registered wholesaler a
certificate of registration.

(2) Subject to regulation 9, a certificate of registration shall
be valid for the period stated in the certificate.

(3) Where the Director-
(a)alters the particulars of the registration of a registered
wholesaler; or
(b)cancels or varies the conditions of registration or imposes
new conditions of registration under regulation 5(2),

he shall notify the registered wholesaler who shall forthwith sur-
render his certificate of registration to the Director.

(4) Where a registered wholesaler surrenders his certificate of
registration under paragraph (3) the Director shall issue him with
a new certificate of registration.

(5) A certificate of registration shall be in such form as the
Director may approve.

8. (1) The Director shall cause to be maintained a register
of registered wholesalers for each reserved commodity.

(2) Such register shall be available for inspection by any person
at the offices of the Director during office hours on payment of a
fee of $5.

9. (1) The Director may cancel the registration of any
registered wholesaler-
(a) at the request of the registered wholesaler;
(b)on the death, dissolution of the partnership or bankruptcy
of the wholesaler or, in the case of a company, on the
winding up of the registered wholesaler;





(c)where it appears to the Director that the registered wholesaler
has ceased to carry on the business of a wholesaler in the
reserved commodity in respect of which he was registered for
a period of 6 months and, having been required to do so in
writing by the Director, has failed within 1 month to show
good cause why his name should remain on the register;

(d)if any condition of his registration in respect of the reserved
commodity is contravened;

(e)if the registered wholesaler or any person employed by him
commits an offence under the Ordinance;

by giving the registered wholesaler 3 months notice in writing.

(2) Where the Director cancels the registration of a registered
wholesaler under paragraph (1), he shall notify the registered wholesaler
and shall state under which sub-paragraph of paragraph (1) the
registration is cancelled.

(3) Where the Director has notified a registered wholesaler under
paragraph (2) of the cancellation of his registration, the wholesaler shall
forthwith surrender his certificate of registration to the Director.

(4) Where the Director has notified a registered wholesaler of the
cancellation under paragraph (1)(f) of his registration, the registered
wholesaler shall surrender his certificate of registration to the Director
within the period specified in the notice.

10. Where the Director has notified a registered wholesaler of the
cancellation under regulation 9(1) of his registration as a wholesaler of a
reserved commodity, the wholesaler shall dispose of his stock of that
reserved commodity in accordance with the directions of the Director.

11. The Director may by notice in writing to a registered wholesaler
order that any stock of a reserved commodity in the possession or under
the control of such wholesaler, or any part thereof, shall be

(a)removed from the premises or place in or at which it is stored
or kept;

(b) replaced by other stock of such reserved commodity; or

(e) otherwise dealt with as the Director may direct.

12. (1) The Director or an authorized officer may at any time enter
the premises of a wholesaler for the purpose of examining the reserved
commodities held by the wholesaler and all documents relating thereto.





(2) A wholesaler shall permit the Director or any authorized ~officer
to enter any premises of the registered wholesaler at any time for the
purpose of paragraph (1) and to inspect any reserved ~commodities and
any documents relating thereto on the premises.

13. (1) The Director may by notice in writing to a registered
.wholesaler

(a)restrict the sale by wholesale of a reserved commodity by the
registered wholesaler to any class of persons or to specified
persons;

(b)fix the maximum price at which a reserved commodity shall be
sold by wholesale by the registered wholesaler;

(c)require the wholesaler to sell such quantity of a reserved
commodity in his possession or under his control to such
person as the Director may specify at a price not exceeding the
maximum price fixed under paragraph (b).

(2) A notice under paragraph (1) may be addressed to all registered
wholesalers, to a class of registered wholesalers or to a .specified
registered wholesaler.

(3) A notice under paragraph (1) shall be-

(a)served on each registered wholesaler to whom the restriction
or control applies; and

(b) published in the Gazette.

(4) A registered wholesaler to whom a notice under paragraph (1)
applies shall comply therewith as soon as the notice is

(a) served on him; or

(b) published in the Gazette,

whichever is the sooner.

14. (1) The Director may by notice in writing to a registered
wholesaler in a reserved commodity prohibit the sale by wholesale of
that reserved commodity by the registered wholesaler to a person
specified in the notice on the ground that the person specified has been
convicted of an offence under the Ordinance.

(2) Notice of a prohibition under paragraph (1) shall be served .on
the registered wholesaler who shall forthwith comply with the
prohibition.

(3) A copy of a notice served on a registered wholesaler under
paragraph (2) shall be served on the person specified in the notice.

(4) A notice under paragraph (1) may specify more than one person
and be addressed to more than one registered wholesaler.





15. (1) Any person who-

(a)in an application for registration as a registered wholesaler
under regulation 3; or

(b)in any record required to be kept, or return required to be
submitted, under or for the purposes of this Ordinance,

makes any statement or furnishes any information which he knows or
ought to know to be false or misleading in a material particular shall be
guilty of an offence and shall be liable on conviction to a fine of $50,000
and to imprisonment for 1 year.

(2) Any person who, without the authority of the Director, alters in
a material particular a certificate issued under regulation 7(1) or (4) shall
be guilty of an offence and shall be liable on conviction to a fine of
$100,000 and to imprisonment for 2 years.

16. (1) Any registered wholesaler who fails to comply with-

(a) a requirement under regulation 6;

(b)a notice from the Director under regulation 13(1) in accordance
with regulation 13(4);

(e) a notice from the Director under regulation 14,

shall be guilty of an offence and shall be liable on conviction to a fine of
$50,000 and to imprisonment for 1 year.

(2) Any person who fails to surrender his certificate of registration
in accordance with regulation 7(3) or regulation 9(3) or (4) shall be guilty
of an offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 3 months.

(3) Any person who, without reasonable excuse, fails to comply
with

(a) a direction of the Director under regulation 10; or

(b) an order of the Director under regulation 11,

shall be guilty of an offence and shall be liable on conviction to a fine of
$25,000 and to imprisonment for 6 months.

(4) A person who in contravention of regulation 12 fails to permit
the Director or an authorized officer to enter any premises owned by him for the
purposes of regulation 12 shall be guilty of an offence and shall be liable
on conviction to a fine of $25,000 and to imprisonment for 6 months.

SCHEDULE [reg. 2.]
RESERVED COMMODITIES

Rice, with or without husk, and milled or unmilled.
L.N. 85/78. Citation and commencement. Interpretation. Schedule. Application for registration. Registration. Conditions of registration. Records and returns by register wholesaler. Certificate of registration. Register of wholesalers. Cancellation of registration. Disposal of stock held by wholesaler on cancellation of registration. Control of stocks. Inspection of stocks. Restriction on sales by wholesale and price control. Prohibition of sale by wholesale to retailer convicted of offence against Ordinance. Offences in respect of applications, and records and certificates. Other offences.

L.N. 85/78. Citation and commencement. Interpretation. Schedule. Application for registration. Registration. Conditions of registration. Records and returns by register wholesaler. Certificate of registration. Register of wholesalers. Cancellation of registration. Disposal of stock held by wholesaler on cancellation of registration. Control of stocks. Inspection of stocks. Restriction on sales by wholesale and price control. Prohibition of sale by wholesale to retailer convicted of offence against Ordinance. Offences in respect of applications, and records and certificates. Other offences.

https://oelawhk.lib.hku.hk/items/show/3146

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