HAWKER (REGIONAL COUNCIL) BY-LAWS - CHAPTER 132AH HAWKER (REGIONAL COUNCIL) BY-LAWS - LONG TITLE Empowering section (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552). According to section 7(3) of that Ordinance, the Hawker Regulation (Cap 132 sub. leg. AI) applies to and in relation to matters to which these by-laws applied immediately before the repeal and is taken to have replaced these by-laws. For other related savings and transitional provisions, please see sections 8 to 13 of Cap 552. HAWKER (REGIONAL COUNCIL) BY-LAWS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 132 section 83A) [1 July 1963] L.N. 78 of 1963 (L.N. 68 of 1963) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 1 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552). According to section 7(3) of that Ordinance, the Hawker Regulation (Cap 132 sub. leg. AI) applies to and in relation to matters to which these by-laws applied immediately before the repeal and is taken to have replaced these by-laws. For other related savings and transitional provisions, please see sections 8 to 13 of Cap 552. HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 1 Citation VerDate:30/06/1997 These by-laws may be cited as the Hawker (Regional Council) By-laws. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 2 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 2 Application VerDate:01/07/1997 Amendments retroactively made - see 29 of 1998 s. 105 (1) These by-laws apply to the Regional Council area only. (10 of 1986 s.32(2)) (2) These by-laws shall not apply to a hawker who is- (a) carrying on business as a car cleaner and who is licensed by the Commissioner for Transport under regulation 24 of the Road Traffic (Parking) Regulations (Cap 374 sub. leg.); or (b) hawking on enclosed land held on lease or permit from the Government. (29 of 1998 s. 105) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 2 Application VerDate:30/06/1997 (1) These by-laws apply to the Regional Council area only. (10 of 1986 s.32(2)) (2) These by-laws shall not apply to a hawker who is- (a) carrying on business as a car cleaner and who is licensed by the Commissioner for Transport under regulation 24 of the Road Traffic (Parking) Regulations (Cap 374 sub. leg.); or (b) hawking on enclosed land held on lease or permit from the Crown. HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 3 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 3 Interpretation VerDate:30/06/1997 In these by-laws, unless the context otherwise requires- "Council" means the Regional Council; (10 of 1986 s. 32(2)) "deputy" (替手) means any person appointed by a hawker under by-law 15 to deputize for him, and the word "hawker" (小販) includes any such person; "hawker bazaar" (小販市場) means an area of ground demarcated by the Council and allocated by it for the use of hawkers; "licence" (牌照) means a licence granted under by-law 7; (L.N. 43 of 1978) "market area" (街市範圍) means the area declared by the Council under section 79(2) of the Ordinance to be the area served by a market; "open food" (未加掩蓋的食物) means- (a) uncooked perishable food; and (b) food that is not contained in a container of such materials, and so closed, as to exclude all risk of contamination, but does not include raw vegetables and uncut fruit or any food that has to be subjected to a process of milling, refining or cooking (other than food specified in paragraph (a) and food in the course of preparation) for the purpose of rendering it fit for human consumption; "pitch" (攤位) means an area of ground allotted by the Council to a hawker for the purpose of carrying on his trade thereon; "Secretary" (秘書) means the Secretary of the Regional Council; (10 of 1986 s. 32(2)) "wall stall" (靠牆攤檔) means a stall, from which goods are sold, that is erected on or against any external part of a structure and faces onto a street, lane, alley or footpath. (10 of 1986 s. 32(2)) "Council" "deputy" (替手) "hawker" (小販) "hawker bazaar" (小販市場) "licence" (牌照) "market area" (街市範圍) "open food" (未加掩蓋的食物) "pitch" (攤位) "Secretary" (秘書) "wall stall" (靠牆攤檔) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 4 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 4 Restriction on hawking VerDate:30/06/1997 (1) Subject to paragraph (2) no person shall hawk in the Regional Council area except under and in accordance with a licence. (2) Notwithstanding paragraph (1)- (a) a person may hawk without a licence if he hawks in a place or area, whether a hawker bazaar or otherwise, set aside by the Council by notice in the Gazette as being a place or area where a person may hawk without a licence during the period the place or area is so set aside; (b) a person whose licence under paragraph (1) has expired may continue to hawk for a period of 2 months after the date of the licence's expiry, but shall do so subject to the terms and conditions contained in the expired licence as if the licence were still valid. (3) No hawker shall, in the Regional Council area, for the purposes of hawking, cook or heat any food or have in his possession any cooking stove or heating apparatus intended for such use except under and in accordance with a licence authorizing him to deal in cooked food. (L.N. 217 of 1994) (L.N. 43 of 1978; 10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 5 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 5 Restriction of hawking in special areas VerDate:30/06/1997 The Council may, by notification published in the Gazette, prescribe any place or area, other than a hawker bazaar, within which no hawker may hawk unless he is the holder of a licence and his licence is endorsed by the Council with permission to hawk therein. (10 of s. 32(2); L.N. 217 of 1994) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 6 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 6 Regulation of hawking by means of mobile vans VerDate:30/06/1997 (1) (a) The Council may, with the concurrence of the Commissioner of Police, prescribe area in which hawking by means of mobile vans may be carried on. (b) A notice of any area so prescribed shall be published in the Gazette. (2) Any area so prescribed shall be delineated on a map, which shall be signed by the Secretary. (3) Save within an area prescribed under paragraph (1), no person shall hawk by means of a mobile van. (L.N. 43 of 1978; 10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 7 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 7 Licences and pitches VerDate:30/06/1997 (1) The Council may for the purposes of hawking, grant licences and allocate pitches or wall stalls upon payment of the fee determined for the purpose by the Council under section 83AA(1) of the Ordinance. (10 of 1986 s. 32(2)) (2) A licence may be granted or renewed and a pitch or wall stall may be allocated or reallocated for a period not exceeding 1 year. (3) Where a licence is granted or renewed or a wall stall is allocated or reallocated for a period less than 1 year, the fee for such grant or renewal of the licence or allocation or reallocation of the wall stall shall, subject to paragraph (6), be calculated by multiplying one-twelfth of the appropriate annual fee as determined for the purpose by the Council under section 83AA(1) of the Ordinance by the number of months for which the licence is granted or renewed or the wall stall is allocated or reallocated as the case may be. (4) The Council may appoint such days of the year as it thinks fit in respect of each Regional Services Department District Office as being the days of the year upon which the period of the grant of a licence or the allocation of a pitch or wall stall, as the case may be, shall expire. (L.N. 67 of 1985; 10 of 1986 s. 32(2)) (5) Where, with the consent of the Council a licensee, other than an itinerant hawker licensee, transfers his place of business from one District to another, the licence may upon its expiry be renewed upon payment of a fee calculated at the rate of one-twelfth per month of the appropriate annual fee as determined for the purpose by the Council under section 83AA(1) of the Ordinance for such period as will bring the renewal date of such licence into conformity with the appropriate renewal date for licences granted at the District Office for the District to which such licence was transferred. (10 of 1986 s. 32(2)) (6) Where a licence is granted or a pitch or wall stall is allocated in the second half of any year of licence or allocation as the case may be, the fee payable in respect of the grant shall be one-half of the fee as determined for the purpose by the Council under section 83AA(1) of the Ordinance for the class of licence or pitch or wall stall. (L.N. 43 of 1978; L.N. 168 of 1994; L.N. 69 of 1995) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 8 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 8 Particulars to be supplied on application for annual licence VerDate:30/06/1997 (1) Any person applying for a licence or for the allocation of a pitch or wall stall shall give to the Council the following particulars- (a) his name and any aliases; (b) the number of his identity card; (c) his residential address; (d) the address to which correspondence intended for him should be directed by post, if other than his residential address; (e) the name and aliases (if any), and such other particulars of identification as the Council may require, of every person whom the hawker intends to employ in, or to assist him in the carrying on of, his business as a hawker; and (f) any other particulars that the Council may require, together with such number of photographs of himself as the Council may require, not exceeding 4. (2) A licensee or a person allocated a pitch or wall stall shall notify the Council of any change in the particulars supplied by him to the Council within 7 days of any such change. (L.N. 43 of 1978) (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 8A (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 8A Pitches and wall stalls to be used only by holders of fixed pitch licences VerDate:30/06/1997 (1) No person (whether a licensee or otherwise) shall use a fixed pitch or a wall stall 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. (L.N. 43 of 1978) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 8B (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 8B Pitch licensees to be present on pitches at all reasonable times VerDate:30/06/1997 During any period when the business of a licensee to whom a fixed pitch or wall stall has been allocated under by-law 7 is being carried on at such fixed pitch or wall stall, that licensee shall be personally present at the fixed pitch or wall stall, as the case may be, and conduct or superintend the carrying on of such business: Provided that a licensee who is not so present at any time during such period shall not be deemed to contravene this by-law if he is unable to be so present owing to some reasonable cause. (L.N. 361 of 1982; 10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 9 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 9 Special provisions as to licences to hawk by means of mobile van for sale of food VerDate:30/06/1997 (1) An application for a licence to operate a mobile van for the sale of food shall be accompanied by 3 copies of a plan of the mobile van setting out, to the satisfaction of the Council, the following particulars- (a) space allocated to the storage of water; (b) space allocated to the cooking, preparation and handling of open food; (c) space allocated to the storage of any kind of open food; (d) space allocated to the serving of customers; (e) space allocated to the cleansing, drying or storage for ready use of utensils; (f) sanitary fitments, if any, and drainage arrangements; (g) all windows or ducts providing ventilation; and (h) the siting of food manufacturing or preparation plant, sterilizers, cooking stoves, refrigeration or other cooling equipment, wash hand basins or sinks, drying racks, water tanks and any other fixtures or like equipment. (2) Every such application shall also be accompanied by particulars of the following matters- (a) the type of utensil in which water is to be stored and the source of the water; (b) the type of fuel to be used in any stoves or other like equipment; (c) the method for the storage and disposal of refuse; and (d) the finish of the surface of the walls of the mobile van and of the floor thereof and fixtures therein. (3) Every copy of such plan, or any modification thereof, that is approved by the Council shall be endorsed to that effect, and 1 copy shall be returned to the applicant and the remaining 2 copies shall be retained by the Council. (4) Save with the permission in writing of the Council, no alteration of, or addition to, any mobile van for the sale of food shall be made that would result in a material deviation from the plan thereof approved under paragraph (3). (5) A licence under paragraph (1) shall not be granted or renewed unless the Council is satisfied that the mobile van to which the licence relates conforms to the plan approved under paragraph (3), or in the case of the renewal of any such licence where an alteration of, or addition to, the mobile van to which the licence relates has been made, unless the Council is satisfied that the same has been made in accordance with paragraph (4). (L.N. 43 of 1978) (L.N. 43 of 1978; 10 of 1986 s. 32(2) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 10 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 10 Temporary licences VerDate:30/06/1997 The Council may upon payment of the fee determined for the purpose by the Council under section 83AA(1) of the Ordinance grant a temporary licence to any person, authorizing him to hawk in any particular place or area not being a place or area in respect of which a licence is concurrently held by any other person for any period not exceeding 1 month, subject to any conditions the Council thinks fit to specify in the licence. (L.N. 43 of 1978; 10 of 1986 s. 32(2); L.N. 168 of 1994; L.N. 69 of 1995) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 10A (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 10A Hawker badges VerDate:30/06/1997 (1) On issuing or renewing a licence under these by-laws the Council shall without charge of any fee issue to the licensee a hawker badge on which is shown the date of expiry of the licence. (2) A hawker badge shall cease to be valid on the expiry, cancellation or termination (whichever is the soonest) of the licence to which it relates. (3) 2A licensee to whom a hawker badge has been issued shall while he is hawking wear the badge affixed in a prominent position to his outer clothing such that the details shown on the badge are clearly visible. (L.N. 217 of 1994) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 11 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 11 Pitch cards VerDate:30/06/1997 The Council may without charge of any fee issue to a licensee a pitch card in respect of any pitch or wall stall allocated to him for his use. (L.N. 43 of 1978; 10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 12 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 12 Loss of licence, hawker badge or pitch card VerDate:30/06/1997 Where a licence, a hawker badge or a pitch card has been lost, destroyed or defaced, the Council shall issue a duplicate of such licence, hawker badge or pitch card as the case may be, upon payment of the fee determined for the purpose by the Council under section 83AA(1) of the Ordinance. (L.N. 43 of 1978; 10 of 1986 s. 32(2); L.N 168 of 1994; L.N. 217 of 1994; L.N. 69 of 1995) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 13 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 13 Termination of licence in certain cases VerDate:30/06/1997 (1) A licence shall be terminated by the death of the hawker to whom it was issued. (2) Where a licence is cancelled or otherwise terminated, otherwise than by reason of the misconduct of the hawker to whom it was issued, the Council may in its discretion refund to such hawker or to his legal personal representative a sum equivalent to that proportion of the fee paid in respect of the licence that the period for which the licence would otherwise have remained in force bears to the period for which the licence was granted: (10 of 1986 s. 32(2)) Provided that the period for which the licence would otherwise have remained in force shall be reckoned in months and calculated to the nearest month and such refund shall be reckoned in dollars calculated to the nearest dollar. (L.N. 43 of 1978) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 13A (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 13A Licence to be surrendered on termination or expiration VerDate:30/06/1997 (1) Where, after the commencement* of the Hawker (New Territories) (Amendment) Regulations 1982 (L.N. 361 of 1982), a licence is cancelled or terminated for any reason other than the death of the licensee, the holder of the licence shall surrender it to the Council not later than 30 days after the cancellation or termination. (2) Where, after the commencement* of the Hawker (New Territories) (Amendment) Regulations 1982 (L.N. 361 of 1982), a licence expires, the holder shall surrender it to the Council not later than 60 days after the expiration. (L.N. 361 of 1982; 10 of 1986 s. 32(2)) --------------------------------------------------------------------------- --------------------- * Commencement date: 8 October 1982 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 14 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 14 Stall, licences and pitch cards not to be sublet or transferred VerDate:30/06/1997 Save with the consent in writing of the Council, no hawker shall sublet, transfer or lend any stall or transfer his licence or pitch card (if any) to any other person. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 15 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 15 Appointment of hawkers' deputies VerDate:30/06/1997 (1) Subject to the consent of the Council and upon payment of the fee determined for the purpose by the Council under section 83AA(1) of the Ordinance, a hawker may appoint a deputy for all or any purposes under these by-laws for such period, not exceeding 6 months, as the Council considers reasonable having regard to the circumstances. (L.N. 168 of 1994; L.N. 69 of 1995) (2) Upon an application for consent under paragraph (1), the hawker shall provide the Council with such particulars relating to the proposed deputy as the Council may require and shall also provide the Council with such number of photographs of the deputy as the Council requires, not exceeding 4. (3) Upon the giving of such consent the Council shall endorse the licence of the applicant with such particulars of the deputy as may be necessary for his identification, and shall append thereto 1 copy of a photograph of the deputy. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 16 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 16 Employment of servants or agents VerDate:30/06/1997 No hawker shall, for the purpose of hawking, employ or be assisted by any person except a person whose name is endorsed by the Council upon his licence. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 17 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 17 Obstruction VerDate:30/06/1997 No hawker and no assistant shall behave in a manner importunate towards, or calculated to obstruct, disturb or annoy, any person. HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 18 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 18 Alteration, defacement, etc., of licence VerDate:30/06/1997 No person shall alter, deface or make any erasure on a licence, hawker badge or pitch card, and no person shall use, or have in his possession with a view to using, a licence or hawker badge on which an erasure has been made or that has been altered or defaced in any way, unless such alteration, defacement or erasure has been authorized by the Council: Provided that nothing in this by-law shall be construed to prevent the use by a hawker of a licence or hawker badge that has been damaged or defaced by accident. (10 of 1986 s. 32(2); L.N. 217 of 1994) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 19 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 19 Production of licence VerDate:30/06/1997 Every licensee who is for the time being engaged in hawking shall, on being required to do so by- (a) any officer of the Regional Services Department authorized for the purpose by the Council; (L.N. 67 of 1985; L.N. 217 of 1994) (b) any police officer; or (c) in the case of a licensee hawking within a Housing Authority estate, an officer of the Housing Department who holds a rank not below that of Housing Officer, produce his licence to that person for inspection. (L.N. 217 of 1994) (L.N. 361 of 1982) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 20 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 20 Equipment to be maintained in safe and clean condition VerDate:30/06/1997 (1) Every licensee shall at all times maintain the equipment 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 whenever required to do so by any officer authorized by the Council for the purpose. (10 of 1986 s. 32(2)) (L.N. 361 of 1982) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 20A (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 20A Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food VerDate:30/06/1997 Without prejudice to by-law 20, 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 and 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. (L.N. 361 of 1982; 10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 20B (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 20B Refuse bins to be provided VerDate:30/06/1997 (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 construction and conform with such requirements and specifications as the Council may from time to time specify. (3) Every licensee required to provide bins or receptacles under this by-law shall ensure that they are at all times maintained in a good state of repair. (4) Any officer of the Regional Services Department authorized for the purpose by the Council or any police officer may require a licensee to replace any such bin or receptacle required to be provided under this by-law if 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. (L.N. 67 of 1985) (5) 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). (6) Every licensee shall ensure that all refuse which is accumulated 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 Regional Services Department. (L.N. 67 of 1985) (7) No licensee or assistant of a licensee shall deposit waste liquids in any street or other public place. (8) 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. (L.N. 361 of 1982; 10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 21 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 21 Removal at night, etc. VerDate:30/06/1997 (1) Every hawker shall, at the close of trade each day, and in any case not later than 10 p.m., remove from his place of trade all wares, utensils, showboards and other equipment: Provided that this paragraph shall not apply to- (a) a cooked food stall; or (b) the structure of a fixed pitch stall. (2) (a) The Council may, by notice in writing served on any hawker, require the hawker to remove his stall to such place as may be specified in the notice within such period as may be specified therein. (10 of 1986 s. 32(2)) (b) A notice under sub-paragraph (a) may require the stall to be removed to such place during such times as may be specified therein. (c) If the hawker on whom a notice is served under sub-paragraph (a) fails to comply with any of the requirements thereof, the Council may remove the stall, or cause it to be removed, to the place specified in the notice and may recover any expenses thereby incurred from the hawker. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 22 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 22 Display of pitch card VerDate:30/06/1997 Every licensee who holds a fixed pitch hawker licence shall, at all times during which he is trading, exhibit in a conspicuous manner at his place of business his pitch card (if any). (L.N. 361 of 1982) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 23 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 23 Requirements as to stalls VerDate:30/06/1997 Subject to by-law 24 and save as otherwise permitted in writing by the Council, no hawker shall use any stall or any accessory thereto or any equipment that does not conform to the requirements set out in Schedule 1. (10 of 1986 s. 32(2); L.N. 168 of 1994) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 24 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 24 Size of stalls VerDate:30/06/1997 (1) No hawker shall carry on business from- (a) a cooked food stall that exceeds 2100 x 1200 mm in horizontal area or 3000 mm in height; or (L.N.89 of 1979) (b) subject to sub-paragraph (c), a fixed pitch stall that exceeds- (L.N.51 of 1986) (i) where the stall is provided by the hawker and situated in the open, 1200 x 900 mm in horizontal area, 1800 mm in height at the front and 1500 mm in height at the back; or (L.N.89 of 1979) (ii) where the stall is provided by the Council in a public market, the limits of the stall so provided; or (L.N. 51 of 1986) (c) a fixed pitch newspaper stall that is not designed and constructed in accordance with specifications previously approved by the Council. (2) Notwithstanding anything contained in paragraph (1), the Council may, from time to time, prescribe by endorsement on the licence of any hawker such other dimensions applicable to any particular stall as the Council considers necessary and, in relation to such stall, such hawker shall be exempt from paragraph (1) to the extent to which other dimensions have been so prescribed. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 25 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 25 Hours of business VerDate:30/06/1997 Save with the permission of the Council, no hawker of cooked foods shall carry on business between the hours of 2 a.m. and 6 a.m., and no other hawker shall carry on business between the hours of 10 p.m. and 6 a.m. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 26 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 26 No paraphernalia to be placed outside the boundaries of marked pitches VerDate:30/06/1997 Where any hawker has been allocated for his business a pitch that is demarcated in visible form by the Council, such hawker shall not place, or allow to be placed, any wares, utensils, showboards or other equipment pertaining to his business outside the boundaries of the pitch so demarcated. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 27 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 27 Stalls to be used only for hawking VerDate:30/06/1997 Neither a licensee nor any other person shall use a stall for any purpose other than hawking. (L.N. 361 of 1982) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 28 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 28 Removal of equipment to facilitate scavenging VerDate:30/06/1997 Whenever any scavenging or street cleaning is in progress, a hawker shall, if so requested by any officer of the Regional Services Department authorized for the purpose by the Council, remove his stall, wares and all equipment and paraphernalia whatsoever until the scavenging or street cleaning is completed. (L.N. 67 of 1985; L.N. 217 of 1994) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 29 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 29 Wholesome water to be used at cooked food stalls VerDate:30/06/1997 Only wholesome water shall be used, or allowed to be used, by a hawker at a cooked food stall, and all such water shall be obtained- (a) from Government water mains; or (b) from a source, other than such mains, that has been approved in writing by the Council. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 30 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 30 Intoxicating liquor not allowed at hawker stalls VerDate:30/06/1997 No person shall, at any hawker stall, sell, have in his possession, or consume, any intoxicating liquor whatsoever. HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 31 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 31 Hawker bazaars VerDate:30/06/1997 (1) Where the Council has established a hawker bazaar, the Council may in such manner as it thinks fit- (10 of 1986 s. 32(2)) (a) allocate a pitch in the bazaar to any licensed hawker; and (b) prescribe the commodities that may be sold from any pitch. (2) (Repealed L.N. 361 of 1982) (3) Where the commodities that may be sold from a pitch in a hawker bazaar have been prescribed under paragraph (1), no person shall hawk any other commodities from that pitch. HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 32 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 32 Offences and penalties VerDate:30/06/1997 (1) Any person who- (a) contravenes any of the provisions of by-law 6(3), 8(2), 8A, 8B, 9(4), 10A(3), 13A, 14, 16, 17, 18, 20(1), 20A, 20B(1),(3), (5), (6) or (7), 21(1), 22, 23, 24(1), 25, 26, 27, 30 or 31(3); (L.N. 43 of 1978; L.N. 297 of 1987; L.N. 217 of 1994) (b) (Repealed L.N. 217 of 1994) (c) knowingly gives to the Council any false information in relation to any of the particulars required to be given to him under by-law 8(1); (d) fails to produce his licence when required to do so under by-law 19; (e) fails to comply with any of the requirements of a notice served by the Council under by-law 21(2)(a); (f) where, under by-law 24(2), any dimensions applicable to a particular stall have been endorsed on the licence of a hawker, carries on business from that stall if the same is not in accordance with the dimensions so endorsed; or (g) fails to comply with any requirement made under by-law 20(2), 20B(4) or 28, shall be guilty of an offence. (2) In the event of a contravention of by-law 29, the proprietor of the cooked food stall in respect of which the contravention occurred shall be guilty of an offence. (3) Any person who is guilty of an offence under paragraph (1) or (2) shall be liable to a fine at level 2. (L.N. 297 of 1987) (4) Any person who contravenes by-law 4(1) shall be guilty of an offence and shall be liable- (L.N. 217 of 1994) (a) on his first conviction for the offence, to a fine at level 2 and to imprisonment for 1 month and, in the case of a continuing offence, to a further fine of $300 for each day during which the offence has continued; and (b) on his second or any subsequent conviction for the offence, to a fine at level 3 and to imprisonment for 6 months and, in the case of a continuing offence, to a further fine of $300 for each day during which the offence has continued. (L.N. 361 of 1982; L.N. 297 of 1987) (5) Any person who contravenes by-law 4(3) shall be guilty of an offence and shall be liable- (a) on his first conviction for the offence, to a fine at level 2 and to imprisonment for 3 months; and (b) on his second or any subsequent conviction for the offence, to a fine at level 3 and to imprisonment for 6 months. (L.N. 217 of 1994) (6) Any hawker who, without a licence or without the permission of the Council endorsed on his licence, hawks in any place or area prescribed under by-law 5 shall be guilty of an offence and shall be liable- (a) on his first conviction for the offence, to a fine at level 2; and (b) on his second or any subsequent conviction for the offence, to a fine at level 2. (L.N. 217 of 1994) (L.N. 361 of 1982; 10 of 1986 s. 32(2);L.N.177 of 1996) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 33 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 33 Name in which proceedings for offences may be brought VerDate:30/06/1997 Without prejudice to the provisions of any other 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. (10 of 1986 s. 32(2)) HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 34 (Repealed L.N. 101 of 1999) VerDate:01/06/1999 HAWKER (REGIONAL COUNCIL) BY-LAWS - BYLAW 34 Forfeiture of equipment VerDate:30/06/1997 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 of the Ordinance and by-laws 4, 8A, 26 and 32(6). (L.N. 361 of 1982; 10 of 1986 s. 32(2); L.N. 217 of 1994) HAWKER (REGIONAL COUNCIL) BY-LAWS - SCHEDULE 1 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (REGIONAL COUNCIL) BY-LAWS - SCHEDULE 1 REQUIREMENT AS TO STALLS VerDate:30/06/1997 [by-law 23] (L.N. 168 of 1994) 1. Cooked food stalls (1) The following provisions apply in relation to every cooked food stall- (a) every such stall shall be of the type shown in diagram I, II or III; (b) the basic structure of the stall shall be as shown in diagram I; (c) the structure of every such stall shall be such as to be readily movable and shall be constructed of wood, which shall be covered with aluminium sheeting or tiles; (d) there shall be provided at every such stall- (i) a sufficient number of cupboards, proof against the access of dust and vermin, for the storage of food and of clean crockery and utensils; (ii) a sink, having a non-absorbent drip board and provided with a waste pipe; (iii) a sterilizer for the sterilization of eating utensils; (iv) a metal drum for the storage of water, having a capacity of not less than 90L nor more than 230L and provided with a stand, a close-fitting lid constructed of metal and a tap for draining the same; (v) a portable and covered dustbin; (vi) a slop bucket; and (vii) 2 wooden benches, of which one shall be not more than 2100 mm in length and 300 mm in width and the other not more than 1200 mm in length and 300 mm in width; (e) all cooking stoves used at any such stall shall be kept within the limits of the structure of the stall; (f) every such stove shall be properly insulated with material approved by the Council; (10 of 1986 s. 32(2)) (g) no fuel, other than kerosene or charcoal or such other fuel as the Council may from time to time permit, shall be burned in any such stove; (10 of 1986 s. 32(2)) (h) where any such stove is a kerosene pressure stove- (i) the pressure vessel shall be separate from the burner, shall have a capacity of not more than 20L, shall be provided with a pressure gauge, a pressure release valve and a safety valve and shall be kept in a covered metal bin placed in a readily accessible position at the side of the stall; (ii) the burner shall be connected to the pressure vessel by copper piping, which shall be attached to the stall: Provided that for a distance not exceeding 600 mm from the burner the piping may, in order to facilitate cleaning, consist of a flexible coil; (iii) the piping shall be provided with a stop valve at the burner and at the outlet from the pressure vessel; (iv) 2 buckets of sand shall be provided; and (v) no kerosene, other than that for the fine being in the pressure vessel, shall be kept at or near the stall. (2) Where wooden and aluminium collapsible flaps, as shown in diagram III, are provided for any such stall- (a) the flaps at the front and rear of the stall shall not exceed 2100 x 1000 mm in area; and (b) the flaps at the sides of the stall shall not exceed 1200 x 1000 mm in area. (3) Any sink or sterilizer provided at any such stall in accordance with sub-paragraph (1) may be situated within the limits of the structure of the stall or affixed to the outside of such structure in the manner shown in diagram II or in any similar position. (4) Any container that may be provided at any such stall for the storage of charcoal shall not exceed 450 x 450 mm in horizontal area or 600 mm in height. 2. Fixed pitch stalls Every fixed pitch stall other than a newspaper stall shall consist of a wooden structure as shown in diagram IV. (L.N. 51 of 1986) 3. (Repealed L.N. 51 of 1986) 4. Boot-black's box Every box used by a boot-black shall be in the form shown in diagram V. (DIAGRAMS I-V omitted) (L.N. 89 of 1979; L.N. 51 of 1986) HAWKER (REGIONAL COUNCIL) BY-LAWS - SCHEDULE 2 (Repealed L.N. 361 of 1982) VerDate:30/06/1997 HAWKER (REGIONAL COUNCIL) BY-LAWS - SCHEDULE 3 (Repealed L.N. 69 of 1995) VerDate:30/06/1997