HAWKER REGULATION - CHAPTER 132AI HAWKER REGULATION - LONG TITLE Empowering section VerDate:01/01/2000 HAWKER REGULATION (78 of 1999 s. 7) (Cap 132, section 83A) [3 November 1972] (L.N. 202 of 1972) HAWKER REGULATION - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 132 section 83A) [3 November 1972] (L.N. 202 of 1972) HAWKER REGULATION - SECT 1 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 PART I PRELIMINARY HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These by-laws may be cited as the Hawker (Urban Council) By-laws. (10 of 1986 s. 32(2)) HAWKER REGULATION - SECT 2 Interpretation VerDate:01/01/2000 In this Regulation, unless the context otherwise requires- (78 of 1999 s. 7) "boundaries" (界線), in relation to a pitch, means the boundaries of the pitch as delineated by the Director in accordance with this Regulation; (78 of 1999 s. 7) "commodities" (商品) means any goods, wares, or merchandise; and includes any samples and patterns of goods, wares, and merchandise; "deputy" (替手) means a person appointed by a hawker under section 11 to deputize for him; (78 of 1999 s. 7) "Director" (署長) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7) "drink" (飲品) includes every type of prepared beverage except one that is sealed in a bottle or canister at the time of manufacture; "equipment" (設備) includes any stall, table, stool, chair, utensil, water container, dustbin, or other article used by a hawker in connection with hawking; but does not include any commodity sold or exposed for sale by the hawker; "fixed pitch" (固定攤位) means any pitch delineated on the ground under section 27 or a pitch specified in a fixed-pitch hawker licence issued under section 8(1); (L.N. 73 of 1973; 78 of 1999 s. 7) "fixed-pitch hawker licence" (固定攤位小販牌照) means a licence issued under section 8; (78 of 1999 s. 7) "hawker" (小販) includes a deputy; (78 of 1999 s. 7) "hawker badge" (小販證) means a badge issued under section 10A; (78 of 1999 s. 7) "hawker bazaar" (小販市場) means an area of ground demarcated by the Director and allocated by him for the use of hawkers; (78 of 1999 s. 7) "hawker permitted area" (小販認可區) means any area which is declared in accordance with section 4(1) to be a hawker permitted area; (78 of 1999 s. 7) "Housing Authority estate" (房屋委員會產業) means any land vested in the Housing Authority or over which the Housing Authority has control and management; (23 of 1973 s. 36) "itinerant hawker licence" (流動小販牌照) means a licence issued under section 9; (78 of 1999 s. 7) "licence" (牌照) means a licence issued under this Regulation to a person for the purposes of hawking; and "licensee" (持牌人) has a corresponding meaning; (78 of 1999 s. 7) "stall" (攤檔) means any stall, erection, structure, box, cart, barrow, trolley, or van, which is used, or is capable of being used, as a place from or on which hawking can be carried on; "to use" (使用), in relation to fixed pitch, includes to place or to acquiesce in the placing of any commodity, equipment, or other object on the pitch or on a stall on the pitch; "to vacate" (騰空), in relation to a fixed pitch, includes the removal of any commodity, equipment, or other object placed on the pitch or on a stall on the pitch by or with the acquiescence of the licensee who is using the pitch; "wall stall" (靠牆攤檔) means a stall which is affixed to or placed against any external part of any building or similar structure and which faces onto a street. (78 of 1999 s. 7) "boundaries" (界線) "commodities" (商品) "deputy" (替手) "Director" (署長) "drink" (飲品) "equipment" (設備) "fixed pitch" (固定攤位) "fixed-pitch hawker licence" (固定攤位小販牌照) "hawker" (小販) "hawker badge" (小販證) "hawker bazaar" (小販市場) "hawker permitted area" (小販認可區) "Housing Authority estate" (房屋委員會產業) "itinerant hawker licence" (流動小販牌照) "licence" (牌照) and "licensee" (持牌人) "stall" (攤檔) "to use" (使用) "to vacate" (騰空) "wall stall" (靠牆攤檔) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 2 Interpretation VerDate:30/06/1997 In these by-laws, unless the context otherwise requires- "appropriate coin" (適當硬幣) means the denomination of coin to be used for the payment of the fee for the use of a fixed pitch as indicated in accordance with by-law 28(2) on a meter erected on or at a pitch under by-law 28(1); "boundaries" (界線), in relation to a pitch, means the boundaries of the pitch as delineated by the Council in accordance with these by-laws; "commodities" (商品) means any goods, wares, or merchandise; and includes any samples and patterns of goods, wares, and merchandise; "Council" means the Urban Council; "drink" (飲品) includes every type of prepared beverage except one that is sealed in a bottle or canister at the time of manufacture; "equipment" (設備) includes any stall, table, stool, chair, utensil, water container, dustbin, or other article used by a hawker in connection with hawking; but does not include any commodity sold or exposed for sale by the hawker; "fixed pitch" (固定攤位) means any pitch delineated on the ground under by-law 27 or a pitch specified in a fixed-pitch hawker licence issued under by-law 8(1); (L.N. 73 of 1973) "fixed-pitch hawker licence" (固定攤位小販牌照) means a licence issued under by-law 8; "hawker badge" (小販徽章) means a badge issued under by-law 10A; (L.N. 346 of 1989) "hawker permitted area" (小販認可區) means any area which is declared in accordance with by-law 4(1) to be a hawker permitted area; "Housing Authority estate" (房屋委員會產業) means any land vested in the Housing Authority or over which the Housing Authority has control and management; (23 of 1973 s. 36) "itinerant hawker licence" (流動小販牌照) means a licence issued under by-law 9; "licence" (牌照) means a licence issued under these by-laws to a person for the purposes of hawking; and "licensee" (持牌人) has a corresponding meaning; "Secretary" (秘書) means the Secretary of the Urban Council; "stall" (攤檔) means any stall, erection, structure, box, cart, barrow, trolley, or van, which is used, or is capable of being used, as a place from or on which hawking can be carried on; "to use" (使用), in relation to fixed pitch, includes to place or to acquiesce in the placing of any commodity, equipment, or other object on the pitch or on a stall on the pitch; "to vacate" (騰空), in relation to a fixed pitch, includes the removal of any commodity, equipment, or other object placed on the pitch or on a stall on the pitch by or with the acquiescence of the licensee who is using the pitch; "wall stall" (靠牆攤檔) means a stall which is affixed to or placed against any external part of any building or similar structure and which faces onto a street. "appropriate coin" (適當硬幣) "boundaries" (界線) "commodities" (商品) "Council" "drink" (飲品) "equipment" (設備) "fixed pitch" (固定攤位) "fixed-pitch hawker licence" (固定攤位小販牌照) "hawker badge" (小販徽章) "hawker permitted area" (小販認可區) "Housing Authority estate" (房屋委員會產業) "itinerant hawker licence" (流動小販牌照) "licence" (牌照) and "licensee" (持牌人) "Secretary" (秘書) "stall" (攤檔) "to use" (使用) "to vacate" (騰空) "wall stall" (靠牆攤檔) HAWKER REGULATION - SECT 3 Application VerDate:01/01/2000 (1) (Repealed 78 of 1999 s. 7) (2) This Regulation do not apply to any hawker who- (78 of 1999 s. 7) (a) is hawking as a car cleaner; and (b) holds a cleaner's permit issued under regulation 24 of the Road Traffic (Parking) Regulations (Cap 374 sub. leg.). (3) This Regulation does not apply to any hawker who is hawking on enclosed land held on lease or permit from the Government. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 3 Application VerDate:30/06/1997 (1) These by-laws apply only to the Urban Council area. (10 of 1986 s. 32(2)) (2) These by-laws do not apply to any hawker who- (a) is hawking as a car cleaner; and (b) holds a cleaner's permit issued under regulation 24 of the Road Traffic (Parking) Regulations (Cap 374 sub. leg.). HAWKER REGULATION - SECT 4 Hawker permitted places VerDate:01/01/2000 (1) The Director may, by notice published in the Gazette- (a) declare any street or part of a street set aside under section 83B or any part of any public place under his control to be a hawker permitted area and an area may be so declared to be a hawker permitted area for specified hours each day; and (L.N. 3 of 1973; L.N. 71 of 1975) (b) declare any hawker permitted area to be restricted to hawkers who hold any particular class or classes of licence. (2) The Director may erect appropriate signs to indicate- (a) hawker permitted areas; (b) the class or classes of licensee which are permitted to hawk in those areas; and (c) the hours during which licensees are permitted to hawk in those areas. (L.N. 71 of 1975) (3) The Director shall- (a) prepare one or more maps which delineate clearly every hawker permitted area; and (b) indicate on those maps the class or classes of licensee that may hawk in those areas. (4) The Director shall keep all maps that he is required to prepare under subsection (3) available at his office during the ordinary business hours of that office for inspection by any member of the public who desires to see them. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 4 Hawker permitted places VerDate:30/06/1997 (1) The Council may, by notice published in the Gazette- (a) declare any street or part of a street set aside under section 83B or any part of any public place under its control to be a hawker permitted area and an area may be so declared to be a hawker permitted area for specified hours each day; and (L.N. 3 of 1973; L.N. 71 of 1975) (b) declare any hawker permitted area to be restricted to hawkers who hold any particular class or classes of licence. (2) The Council may erect appropriate signs to indicate- (a) hawker permitted areas; (b) the class or classes of licensee which are permitted to hawk in those areas; and (c) the hours during which licensees are permitted to hawk in those areas. (L.N. 71 of 1975) (3) The Secretary shall- (a) prepare one or more maps which delineate clearly every hawker permitted area; and (b) indicate on those maps the class or classes of licensee that may hawk in those areas. (4) The Secretary shall keep all maps that he is required to prepare under paragraph (3) available at his office during the ordinary business hours of that office for inspection by any member of the public who desires to see them. HAWKER REGULATION - SECT 5 Hawkers to be licensed VerDate:01/01/2000 PART II HAWKER LICENCES (1) (Repealed L.N. 143 of 1987) (2) No licensee may hawk any commodity or service that is not specified in his licence. (2A) Notwithstanding subsection (2), a person may hawk without a licence in a place or area, whether or not a hawker bazaar, set aside for that purpose by the Director by notice in the Gazette during the period the place or area is so set aside. (78 of 1999 s. 7) (3) No person shall, for the purpose of hawking, cook or heat any food or have in his possession any cooking stove or heating apparatus intended for cooking or heating food, except under and in accordance with a licence authorizing him to deal in cooked food. (L.N. 217 of 1996; 78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 5 Hawkers to be licensed VerDate:30/06/1997 PART II HAWKER LICENCES (1) (Repealed L.N. 143 of 1987) (2) No licensee may hawk any commodity or service that is not specified in his licence. (3) No person shall, in the Urban Council area, for the purpose of hawking, cook or heat any food or have in his possession any cooking stove or heating apparatus intended for cooking or heating food, except under and in accordance with a licence authorizing him to deal in cooked food. (L.N. 217 of 1996) HAWKER REGULATION - SECT 5A Restriction on hawking in special areas VerDate:01/01/2000 The Director may, by notice published in the Gazette, prescribe any place or area, other than a hawker bazaar, within which no hawker may hawk unless he holds a licence endorsed with permission by the Director to hawk in that place or area. (78 of 1999 s. 7) HAWKER REGULATION - SECT 6 Restrictions on issue of licences VerDate:01/01/2000 A licence may not be issued to any person who- (a) is under 18 years of age; or (b) is already the holder of a valid licence. HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 6 Restrictions on issue of licences VerDate:30/06/1997 A licence may not be issued to any person who- (a) is under 18 years of age; or (b) is already the holder of a valid licence. HAWKER REGULATION - SECT 7 Applications for licences VerDate:01/01/2000 (1) Every application for a licence shall- (a) be made in writing to the Director in such form, and contain such particulars, as the Director may reasonably require; (b) specify whether a fixed-pitch hawker licence, an itinerant hawker licence, or a temporary hawker licence is required; (c) be accompanied by the prescribed fee and by 4 full-face passport-size photographs of the applicant which shall portray a recognizable likeness of him. (See Schedule, Part I) (2) Where an applicant applies for a fixed-pitch hawker licence, the Director may withhold the issue of a licence- (a) until the stall and equipment proposed to be used in connection with the licensee's business have been constructed or provided in accordance with specifications approved by the Director; (L.N. 73 of 1973) (b) if the application is for a licence authorizing the applicant to deal in drink or cooked food, until a suitable pitch is available for allocation to him under section 33(1). (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 7 Applications for licences VerDate:30/06/1997 (1) Every application for a licence shall- (a) be made in writing to the Council in such form, and contain such particulars, as the Council may reasonably require; (b) specify whether a fixed-pitch hawker licence, an itinerant hawker licence, or a temporary hawker licence is required; (c) be accompanied by the prescribed fee and by 4 full-face passport-size photographs of the applicant which shall portray a recognizable likeness of him. (See Schedule, Part I) (2) Where an applicant applies for a fixed-pitch hawker licence, the Council may withhold the issue of a licence- (a) until the stall and equipment proposed to be used in connection with the licensee's business have been constructed or provided in accordance with specifications approved by the Council; (L.N. 73 of 1973) (b) if the application is for a licence authorizing the applicant to deal in drink or cooked food, until a suitable pitch is available for allocation to him under by-law 33(1). HAWKER REGULATION - SECT 8 Issue of fixed-pitch hawker licences VerDate:01/01/2000 (1) In every case where an application for a fixed-pitch hawker licence is granted, the Director shall, subject to subsection (2), issue to the applicant in such form as he thinks fit a fixed-pitch hawker licence which authorizes the applicant to hawk from a fixed pitch. (2) Every such licence shall- (a) state on its face that it is a fixed-pitch hawker licence; (b) specify an identifying number or the approximate location of the pitch; (L.N. 73 of 1973) (c) specify the name and address of the licensee; (d) specify the nature of the commodity to be sold, or the service to be provided, by the licensee; (e) if the licensee has been allocated a fixed pitch, specify particulars of the location of the pitch; (f) have affixed to it one of the photographs which accompanied the application; and (g) state that the licence is issued subject to the condition that the licensee complies with this Regulation. (3) Without limiting subsection (2), the Director may in any such licence- (a) impose on the licensee conditions relating to the sale of the commodity, or, as the case may be, the provision of the service, which he is permitted to hawk; (b) prescribe the hours during which the licensee is permitted to hawk; (c) if the licensee has not been allocated a fixed pitch, specify the areas in which he may hawk; (d) specify such other particulars as the Director considers necessary. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 8 Issue of fixed-pitch hawker licences VerDate:30/06/1997 (1) In every case where an application for a fixed-pitch hawker licence is granted, the Council shall, subject to paragraph (2), issue to the applicant in such form as it thinks fit a fixed-pitch hawker licence which authorizes the applicant to hawk from a fixed pitch. (2) Every such licence shall- (a) state on its face that it is a fixed-pitch hawker licence; (b) specify an identifying number or the approximate location of the pitch; (L.N. 73 of 1973) (c) specify the name and address of the licensee; (d) specify the nature of the commodity to be sold, or the service to be provided, by the licensee; (e) if the licensee has been allocated a fixed pitch, specify particulars of the location of the pitch; (f) have affixed to it one of the photographs which accompanied the application; and (g) state that the licence is issued subject to the condition that the licensee complies with these by-laws. (3) Without limiting paragraph (2), the Council may in any such licence- (a) impose on the licensee conditions relating to the sale of the commodity, or, as the case may be, the provision of the service, which he is permitted to hawk; (b) prescribe the hours during which the licensee is permitted to hawk; (c) if the licensee has not been allocated a fixed pitch, specify the areas in which he may hawk; (d) specify such other particulars as the Council considers necessary. HAWKER REGULATION - SECT 9 Itinerant hawker licences VerDate:01/01/2000 (1) In every case where an application for an itinerant hawker licence is granted, the Director shall, subject to subsection (2), issue to the applicant in such form as he thinks fit an itinerant hawker licence which authorizes the applicant to hawk in a hawker permitted area or in such places as may be specified in such licence, otherwise than from a fixed pitch. (L.N. 35 of 1974) (2) Every such licence shall- (a) state on its face that it is an itinerant hawker licence; (b) specify an identifying number; (c) specify the name and address of the licensee; (d) specify the nature of the commodity to be sold, or the service to be provided, as the case may be; (e) have affixed to it one of the photographs which accompanied the application; (f) state that the licence is issued subject to the condition that the licensee complies with this Regulation. (3) Without limiting subsection (2), the Director may in any such licence- (a) impose on the licensee conditions relating to the sale of the commodity, or, as the case may be, the provision of the service, which he is permitted to hawk; (b) prescribe the hours during which the licensee may hawk; (c) specify the areas in which the licensee may hawk; (d) specify such other particulars as the Director considers necessary. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 9 Itinerant hawker licences VerDate:30/06/1997 (1) In every case where an application for an itinerant hawker licence is granted, the Council shall, subject to paragraph (2), issue to the applicant in such form as it thinks fit an itinerant hawker licence which authorizes the applicant to hawk in a hawker permitted area or in such places as may be specified in such licence, otherwise than from a fixed pitch. (L.N. 35 of 1974) (2) Every such licence shall- (a) state on its face that it is an itinerant hawker licence; (b) specify an identifying number; (c) specify the name and address of the licensee; (d) specify the nature of the commodity to be sold, or the service to be provided, as the case may be; (e) have affixed to it one of the photographs which accompanied the application; (f) state that the licence is issued subject to the condition that the licensee complies with these by-laws. (3) Without limiting paragraph (2), the Council may in any such licence- (a) impose on the licensee conditions relating to the sale of the commodity, or, as the case may be, the provision of the service, which he is permitted to hawk; (b) prescribe the hours during which the licensee may hawk; (c) specify the areas in which the licensee may hawk; (d) specify such other particulars as the Council considers necessary. HAWKER REGULATION - SECT 10 Temporary licences VerDate:01/01/2000 In every case where an application for a temporary licence is granted, the Director shall issue to the applicant in such form as he thinks fit a temporary licence which permits the licensee to hawk for such period (not exceeding 1 month) and for such purpose as the Director specifies in the licence, subject to any conditions that the Director thinks fit to specify in the licence. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 10 Temporary licences VerDate:30/06/1997 In every case where an application for a temporary licence is granted, the Council shall issue to the applicant in such form as it thinks fit a temporary licence which permits the licensee to hawk for such period (not exceeding 1 month) and for such purpose as the Council specifies in the licence, subject to any conditions that the Council thinks fit to specify in the licence. HAWKER REGULATION - SECT 10A Hawker badges VerDate:01/01/2000 (1) On issuing or renewing a licence under this Regulation the Director shall issue to the licensee a hawker badge on which is shown the date of expiry of the licence. (78 of 1999 s. 7) (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) A 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. 346 of 1989) HAWKER (URBAN 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 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) A 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. 346 of 1989) HAWKER REGULATION - SECT 11 Deputies VerDate:01/01/2000 (1) Where a licensee leaves or intends to leave Hong Kong, or is incapacitated by illness, for a period of more than 8 days, he may, with the prior permission in writing of the Director and on the payment of the prescribed fee, appoint any person eligible to hold a hawker licence to be his deputy during the absence or incapacity. (See Schedule, Part I) (2) Where permission is given under subsection (1), the Director shall issue to the deputy a permit in such form and containing such particulars as he thinks fit and a hawker badge on which is shown the date of expiry of the permit, and all the provisions of this Regulation, so far as they are applicable and with any necessary modifications, shall apply to the permit as if it were a licence or to the hawker badge as if it were a hawker badge issued to a licensee. (L.N. 346 of 1989) (3) The Director shall not, except in such special circumstances as he thinks fit, grant any permission under subsection (1) for any period exceeding 6 months. (4) Whenever a deputy acts for a licensee under this section, the duties imposed on a licensee under this Regulation shall be complied with by the deputy; and the deputy shall be liable to prosecution for contravention of this Regulation as if he were a licensee. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 11 Deputies VerDate:30/06/1997 (1) Where a licensee leaves or intends to leave Hong Kong, or is incapacitated by illness, for a period of more than 8 days, he may, with the prior permission in writing of the Council and on the payment of the prescribed fee, appoint any person eligible to hold a hawker licence to be his deputy during the absence or incapacity. (See Schedule, Part I) (2) Where permission is given under paragraph (1), the Council shall issue to the deputy a permit in such form and containing such particulars as it thinks fit and a hawker badge on which is shown the date of expiry of the permit, and all the provisions of these by-laws, so far as they are applicable and with any necessary modifications, shall apply to the permit as if it were a licence or to the hawker badge as if it were a hawker badge issued to a licensee. (L.N. 346 of 1989) (3) The Council shall not, except in such special circumstances as it thinks fit, grant any permission under paragraph (1) for any period exceeding 6 months. (4) Whenever a deputy acts for a licensee under this by-law, the duties imposed on a licensee under these by-laws shall be complied with by the deputy; and the deputy shall be liable to prosecution for contravention of these by-laws as if he were a licensee. HAWKER REGULATION - SECT 12 Assistants VerDate:01/01/2000 (1) A licensee who holds a fixed-pitch hawker licence may employ such number of assistants as he thinks necessary for the purpose of enabling him to carry on his business, but no such assistant shall engage in hawking during the absence (other than absence for reasonable cause) of the licensee from his pitch. (1A) Subject to subsection (1), a hawker shall not, for the purpose of hawking, employ or be assisted by a person other than a person whose name is endorsed by the Director on his licence. (78 of 1999 s. 7) (2) A licensee who holds an itinerant hawker licence may not employ any assistants. (3) If any person acts as an assistant in contravention of subsection (1) or (2), he is deemed to be hawking without a licence in contravention of section 83B of the Ordinance. (L.N. 143 of 1987) (4) Any licensee who employs an assistant shall be vicariously liable for any act done or omitted by the assistant which, if done or omitted by the licensee personally, would be an offence against this Regulation; and the licensee may be proceeded against for the offence and dealt with as if he had committed it personally. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 12 Assistants VerDate:30/06/1997 (1) A licensee who holds a fixed-pitch hawker licence may employ such number of assistants as he thinks necessary for the purpose of enabling him to carry on his business, but no such assistant shall engage in hawking during the absence (other than absence for reasonable cause) of the licensee from his pitch. (2) A licensee who holds an itinerant hawker licence may not employ any assistants. (3) If any person acts as an assistant in contravention of paragraph (1) or (2), he is deemed to be hawking without a licence in contravention of section 83B of the Ordinance. (L.N. 143 of 1987) (4) Any licensee who employs an assistant shall be vicariously liable for any act done or omitted by the assistant which, if done or omitted by the licensee personally, would be an offence against these by-laws; and the licensee may be proceeded against for the offence and dealt with as if he had committed it personally. HAWKER REGULATION - SECT 13 Stall, licences and pitch cards not to be sublet or transferred VerDate:01/01/2000 (1) Except with the consent in writing of the Director, no hawker shall sublet, transfer or lend any stall or transfer his licence or pitch card (if any ) to any other person. (2) A licence is not transmitted by operation of law. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 13 Licences not transferable or transmissible VerDate:30/06/1997 (1) A licensee shall not transfer his licence to any other person. Any transfer or purported transfer of a licence shall be of no effect. (2) A licence is not transmissible by operation of law. HAWKER REGULATION - SECT 14 Licence, etc. not to be altered or defaced VerDate:01/01/2000 (1) A person shall not alter, deface or make any erasure on a licence, hawker badge or pitch card. (2) A person shall not use or have in his possession with a view to using a licence, hawker badge or pitch card on which an erasure has been made or which has been altered or defaced unless- (a) the alteration is authorized; or (b) the licence, hawker badge or pitch card has been defaced or damaged accidentally. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 14 Licences not to be altered or defaced VerDate:30/06/1997 Except as otherwise provided in these by-laws, no person shall make any alteration to a licence or hawker badge. (L.N. 346 of 1989) HAWKER REGULATION - SECT 15 Possession of licences VerDate:01/01/2000 (1) Except when a licensee is required to produce or surrender his licence to the Director or any person in accordance with this Regulation, every licensee shall carry his licence with him at all times while he is hawking. (2) Except for the purposes of section 20(2) or where the possession is authorized by this Regulation or in the licence, no person may knowingly possess a licence which has been issued to another person. (3) Except where a licensee is required to produce or surrender his licence or hawker badge to the Director or to any person in accordance with this Regulation, a licensee shall not knowingly give possession of his licence or hawker badge to any other person. (L.N. 346 of 1989) (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 15 Possession of licences VerDate:30/06/1997 (1) Except when a licensee is required to produce or surrender his licence to the Council or any person in accordance with these by-laws, every licensee shall carry his licence with him at all times while he is hawking. (2) Except for the purposes of by-law 20(2) or where the possession is authorized by these by-laws or in the licence, no person may knowingly possess a licence which has been issued to another person. (3) Except where a licensee is required to produce or surrender his licence or hawker badge to the Council or to any person in accordance with these by-laws, a licensee shall not knowingly give possession of his licence or hawker badge to any other person. (L.N. 346 of 1989) HAWKER REGULATION - SECT 16 Licensees to produce licences for inspection on demand VerDate:01/01/2000 Every licensee who is for the time being engaged in hawking shall, on being required to do so by- (a) any public officer authorized in writing by the Director; (78 of 1999 s. 7) (b) (Repealed 77 of 1979 s. 4) (c) any police officer; or (d) in the case of a licensee hawking within a Housing Authority estate, an officer of the Housing Department, (23 of 1973 s. 36) produce his licence or hawker badge to that person for inspection. (L.N. 346 of 1989) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 16 Licensees to produce licences for inspection on demand 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 Urban Services Department duly authorized in writing by the Council; (L.N. 75 of 1994) (b) (Repealed 77 of 1979 s. 4) (c) any police officer; or (d) in the case of a licensee hawking within a Housing Authority estate, an officer of the Housing Department, (23 of 1973 s. 36) produce his licence or hawker badge to that person for inspection. (L.N. 346 of 1989) HAWKER REGULATION - SECT 17 Issue of duplicate licences VerDate:01/01/2000 The Director shall, if he is satisfied that a licence or hawker badge has been accidentally lost, destroyed, or defaced, and on payment of the prescribed fee, issue a duplicate of the licence or hawker badge to the licensee. (See Schedule, Part I) (L.N. 346 of 1989; 78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 17 Issue of duplicate licences VerDate:30/06/1997 The Council shall, if it is satisfied that a licence or hawker badge has been accidentally lost, destroyed, or defaced, and on payment of the prescribed fee, issue a duplicate of the licence or hawker badge to the licensee. (See Schedule, Part I) (L.N. 346 of 1989) HAWKER REGULATION - SECT 18 Duration of licences VerDate:01/01/2000 Every licence, other than a temporary licence, shall, unless it is sooner renewed, expire 12 months after the date on which it was issued. HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 18 Duration of licences VerDate:30/06/1997 Every licence, other than a temporary licence, shall, unless it is sooner renewed, expire 12 months after the date on which it was issued. HAWKER REGULATION - SECT 19 Cancellation of licences, etc. VerDate:01/01/2000 (1) Without prejudice to section 125 of the Ordinance, the Director shall, on being requested to do so by a licensee, cancel his licence. (2) Notwithstanding anything to the contrary in this Regulation, a licence is deemed to be cancelled on the death of the licensee. (3) If a licence is cancelled or otherwise terminated, other than for the misconduct of the hawker to whom it was issued, the Director may, in his discretion, refund to the hawker or to his legal personal representative a sum equivalent to the proportion of the licence fee equivalent to the remainder of the period for which the licence would have been in force if not for the termination. (78 of 1999 s. 7) (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 19 Cancellation of licences, etc. VerDate:30/06/1997 (1) Without prejudice to section 125 of the Ordinance, the Council shall, on being requested to do so by a licensee, cancel his licence. (2) Notwithstanding anything to the contrary in these by-laws, a licence is deemed to be cancelled on the death of the licensee. HAWKER REGULATION - SECT 20 Licence to be surrendered on termination VerDate:01/01/2000 (1) If a licence is terminated for any reason other than the death of the licensee, the holder of the licence shall, not later than 30 days after the termination, surrender the licence and his hawker badge to the Director or officer of the Food and Environmental Hygiene Department. (L.N. 73 of 1973; L.N. 183 of 2000) (2) If a licence is terminated by the death of the licensee, his personal representative shall surrender the licence and the licensee's hawker badge to the Director not later than 30 days after the death of the licensee. (L.N. 346 of 1989; 78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 20 Licence to be surrendered on termination VerDate:30/06/1997 (1) If a licence is terminated for any reason other than the death of the licensee, the holder of the licence shall, not later than 30 days after the termination, surrender the licence and his hawker badge to the Council or to such officer of the Council as it may direct. (L.N. 73 of 1973) (2) If a licence is terminated by the death of the licensee, his personal representative shall surrender the licence and the licensee's hawker badge to the Council not later than 30 days after the death of the licensee. (L.N. 346 of 1989) HAWKER REGULATION - SECT 21 Renewal of licences VerDate:01/01/2000 (1) The Director may, on application being made to him by the licensee before the expiry of his licence, renew the licence (not being a temporary licence or a deputy's permit) for a further period of 12 months. (L.N. 3 of 1973) (2) Every such application shall be in such form and contain such particulars as may be specified by the Director and shall be accompanied by the prescribed fee and by the licensee's licence. (See Schedule, Part I) (3) Where a licensee applies for the renewal of his licence before the date of its expiration and the Director does not renew it on or before that date, the licence shall, unless sooner terminated under the Ordinance or this Regulation, remain in full force and effect until the licensee is notified either that the licence is renewed or that the Director has refused to renew it, as the case may be. (4) Nothing in this section shall preclude the Director from renewing an expired licence, but such a renewal shall not render the licence valid for the period between the date of its expiry and the date of its renewal. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 21 Renewal of licences VerDate:30/06/1997 (1) The Council may, on application being made to it by the licensee before the expiry of his licence, renew the licence (not being a temporary licence or a deputy's permit) for a further period of 12 months. (L.N. 3 of 1973) (2) Every such application shall be in such form and contain such particulars as may be specified by the Council and shall be accompanied by the prescribed fee and by the licensee's licence. (See Schedule, Part I) (3) Where a licensee applies for the renewal of his licence before the date of its expiration and the Council does not renew it on or before that date, the licence shall, unless sooner terminated under the Ordinance or these by-laws, remain in full force and effect until the licensee is notified either that the licence is renewed or that the Council has refused to renew it, as the case may be. (4) Nothing in this by-law shall preclude the Council from renewing an expired licence, but such a renewal shall not render the licence valid for the period between the date of its expiry and the date of its renewal. HAWKER REGULATION - SECT 22 Restrictions on areas in which licensee may hawk VerDate:01/01/2000 (1) A licensee whose licence is issued in respect of a hawker permitted area shall not hawk outside the hawker permitted area to which his licence relates. (2) No licensee shall hawk in or on any hawker permitted area that the Director has declared under section 4(1) to be restricted to licensees of a class other than that to which the licensee belongs. (3) The Director may at any time endorse on an itinerant hawker licence a condition prohibiting the licensee from hawking otherwise than in specified streets or places. (L.N. 73 of 1973; 78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 22 Restrictions on areas in which licensee may hawk VerDate:30/06/1997 (1) A licensee whose licence is issued in respect of a hawker permitted area shall not hawk outside the hawker permitted area to which his licence relates. (2) No licensee shall hawk in or on any hawker permitted area that the Council has declared under by-law 4(1) to be restricted to licensees of a class other than that to which the licensee belongs. (3) The Council may at any time endorse on an itinerant hawker licence a condition prohibiting the licensee from hawking otherwise than in specified streets or places. (L.N. 73 of 1973) HAWKER REGULATION - SECT 23 (Repealed L.N. 73 of 1973) VerDate:01/01/2000 HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 23 (Repealed L.N. 73 of 1973) VerDate:30/06/1997 HAWKER REGULATION - SECT 24 Director to be notified of change of particulars VerDate:01/01/2000 If at any time after any application is made under section 7 there is any material change in the particulars provided in the application or in the particulars provided pursuant to this section (being in either case a change of which the Director is not already aware), the applicant or, if a licence has already been issued, the licensee shall notify the Director in writing of the change not later than 7 days after becoming aware of it: Provided that if any person other than the licensee notifies the Director of the change, the licensee shall be deemed to have complied with this section. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 24 Council to be notified of change of particulars VerDate:30/06/1997 If at any time after any application is made under by-law 7 there is any material change in the particulars provided in the application or in the particulars provided pursuant to this by-law (being in either case a change of which the Council is not already aware), the applicant or, if a licence has already been issued, the licensee shall notify the Council in writing of the change not later than 7 days after becoming aware of it: Provided that if any person other than the licensee notifies the Council of the change, the licensee shall be deemed to have complied with this by-law. HAWKER REGULATION - SECT 25 Director may require production of licence for amendment VerDate:01/01/2000 (1) The Director may serve notice in writing on a licensee requiring him to produce his licence to the Director in order that- (a) the Director may endorse on the licence any endorsement that is required or authorized under this Regulation; or (b) in any case where the permission to which the endorsement on the licence relates has been withdrawn, the Director may delete the endorsement. (2) A licensee on whom a notice has been served under subsection (1) shall comply with it not later than 7 days after its service on him. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 25 Council may require production of licence for amendment VerDate:30/06/1997 (1) The Council may serve notice in writing on a licensee requiring him to produce his licence to the Council in order that- (a) the Council may endorse on the licence any endorsement that is required or authorized under these by-laws; or (b) in any case where the permission to which the endorsement on the licence relates has been withdrawn, the Council may delete the endorsement. (2) A licensee on whom a notice has been served under paragraph (1) shall comply with it not later than 7 days after its service on him. HAWKER REGULATION - SECT 26 Register of licences to be kept VerDate:01/01/2000 (1) The Director shall keep a register of licences, and a register of licensees, in such form and containing such particulars as the Director considers necessary. (78 of 1999 s. 7) (2) The registers shall be kept at the office of the Director and shall be made available during the ordinary business hours of that office for inspection by any member of the public who desires to see them. (3) If at any time the Director is satisfied that any entry in the register is erroneous, he shall take such steps as are necessary to correct the error. (4) A certificate under the hand of the Director certifying that a person does or does not hold a licence under this Regulation, or containing a copy of any entry in either of the registers, shall, in the absence of evidence to the contrary, be sufficient evidence in all proceedings under this Regulation as to the truth of its contents; and it shall not be necessary for the Director to appear to give evidence, or for the register to be produced as evidence, for the purposes of the proceedings. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 26 Register of licences to be kept VerDate:30/06/1997 (1) The Council shall cause to be kept by the Secretary a register of licences, and a register of licensees, in such form and containing such particulars as the Council thinks necessary. (2) The registers shall be kept at the office of the Secretary and shall be made available during the ordinary business hours of that office for inspection by any member of the public who desires to see them. (3) If at any time the Secretary is satisfied that any entry in the register is erroneous, he shall take such steps as are necessary to correct the error. (4) A certificate under the hand of the Secretary certifying that a person does or does not hold a licence under these by-laws, or containing a copy of any entry in either of the registers, shall, in the absence of evidence to the contrary, be sufficient evidence in all proceedings under these by-laws as to the truth of its contents; and it shall not be necessary for the Secretary to appear to give evidence, or for the register to be produced as evidence, for the purposes of the proceedings. HAWKER REGULATION - SECT 27 Delineation of fixed pitches VerDate:01/01/2000 PART III FIXED PITCHES (1) The Director may from time to time cause fixed pitches to be set aside in any place or street or in any hawker permitted area for the use of holders of fixed-pitch hawker licences. (78 of 1999 s. 7) (2) Every such pitch may be delineated by means of- (a) continuous or intermittent lines painted on the ground; or (b) studs affixed to the ground. (L.N. 73 of 1973) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 27 Delineation of fixed pitches VerDate:30/06/1997 PART III FIXED PITCHES (1) The Council may from time to time cause fixed pitches to be set aside in any place or street or in any hawker permitted area for the use of holders of fixed-pitch hawker licences. (2) Every such pitch may be delineated by means of- (a) continuous or intermittent lines painted on the ground; or (b) studs affixed to the ground. (L.N. 73 of 1973) HAWKER REGULATION - SECT 28 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 28 Meters VerDate:30/06/1997 (1) The Council may, for the purpose of the charging of fees for the use of fixed pitches by licensees, erect a meter at or on each of those pitches. (2) Every such meter shall bear a plate or other device showing in English and in Chinese characters- (a) the prescribed fee that is payable for the use of the fixed pitch on or at which the meter is erected; (b) the denomination of coin to be used for the payment of the fee; (c) the period of time for which, and the hours during which, the pitch may be used on payment of the fee. (3) Subject to by-law 30, a licensee who wishes to use a fixed pitch on or at which a meter is erected shall, before doing so, pay a fee at the prescribed rate by inserting one or more appropriate coins in the meter and shall comply with any other directions shown on the meter. (4) The insertion of the appropriate coin or coins in a meter in accordance with paragraph (3) is payment for the use of the fixed pitch on or at which the meter is erected for the period shown on the meter calculated from the time of insertion of the coin. If a licensee wishes to continue to use a fixed pitch after the expiration of the period for which he previously inserted the coin or coins in the meter, he shall pay a further fee at the prescribed rate by inserting in the meter one or more additional coins of the appropriate denomination and comply with any other direction shown on the meter. (See Schedule, Part II) (5) Nothing in this by-law entitles a person to use in contravention of any other provision in these by-laws a fixed pitch on or at which a meter is erected. HAWKER REGULATION - SECT 29 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 29 Interference with meters VerDate:30/06/1997 No person shall, without the authority of the Council- (a) interfere with; or (b) insert any object other than an appropriate coin into, a meter that is erected on or at a fixed pitch under by-law 28(1). HAWKER REGULATION - SECT 30 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 30 Use of metered pitches VerDate:30/06/1997 (1) A licensee who holds a fixed-pitch hawker licence shall not use a fixed pitch at or on which a meter is erected under by-law 28(1) unless the meter is for the time being exhibiting a sign indicating that the prescribed fee has been paid for the use of the pitch. (2) It is a defence in any proceedings for a contravention of paragraph (1) if it is proved that- (a) by-law 28(3) was complied with in respect of the use of the fixed pitch; (b) if the meter had been working satisfactorily, the sign referred to in paragraph (1) would have been exhibited; and (c) because of a defect in the meter, the sign was not exhibited. HAWKER REGULATION - SECT 31 Control of use of fixed pitches VerDate:01/01/2000 The Director may, by painting words on the ground or erecting an appropriate sign on or at a fixed pitch, impose such conditions as he thinks fit as to- (78 of 1999 s. 7) (a) the commodities and the services that may be hawked from the pitches; (b) the hours during which the pitch may be used for hawking; and (c) the class or classes of licensee who may use the pitch. HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 31 Control of use of fixed pitches VerDate:30/06/1997 The Council may, by painting words on the ground or erecting an appropriate sign on or at a fixed pitch, impose such conditions as it thinks fit as to- (a) the commodities and the services that may be hawked from the pitches; (b) the hours during which the pitch may be used for hawking; and (c) the class or classes of licensee who may use the pitch. HAWKER REGULATION - SECT 32 Temporary closure of pitches VerDate:01/01/2000 Where the Director has erected a sign at or on a fixed pitch containing a notice to the effect that the use of the pitch is prohibited during such periods as may be specified, no licensee shall use that pitch during those periods. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 32 Temporary closure of pitches VerDate:30/06/1997 Where the Council has erected a sign at or on a fixed pitch containing a notice to the effect that the use of the pitch is prohibited during such periods as may be specified, no licensee shall use that pitch during those periods. HAWKER REGULATION - SECT 33 Allocation of fixed pitches VerDate:01/01/2000 (1) Where a licensee is the holder of a fixed-pitch hawker licence which authorizes him to deal in drink or cooked food, the Director shall allocate a fixed pitch to him on payment of the prescribed fee. (See Schedule, Part III) (2) If a licensee is the holder of any other type of fixed-pitch hawker licence, the Director may, depending on availability, allocate to him a fixed pitch on payment of the prescribed fee. (See Schedule, Part III) (3) (Repealed 78 of 1999 s. 7) (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 33 Allocation of fixed pitches VerDate:30/06/1997 (1) Where a licensee is the holder of a fixed-pitch hawker licence which authorizes him to deal in drink or cooked food, the Council shall allocate a fixed pitch to him on payment of the prescribed fee. (See Schedule, Part III) (2) If a licensee is the holder of any other type of fixed-pitch hawker licence, the Council may, depending on availability, allocate to him a fixed pitch on payment of the prescribed fee. (See Schedule, Part III) (3) A licensee to whom a fixed pitch has been allocated shall not use a pitch at or on which a meter is erected under by-law 28(1). HAWKER REGULATION - SECT 34 Director may require allocated pitch to be vacated either permanently or temporarily VerDate:01/01/2000 (1) Where the Director serves on a licensee to whom a fixed pitch has been allocated under section 33 a notice ordering him to vacate the pitch, he shall comply with the notice within such period as may be specified in it, being a period not less than 15 days from the date of service. (2) At the expiry of the period specified in the notice, the pitch shall, unless the Director otherwise directs, cease to be allocated to the licensee. (3) If the Director orders a licensee who is the holder of a fixed-pitch hawker licence which authorizes him to deal in drink or cooked food to vacate his pitch permanently, the Director shall allocate to him another fixed pitch in accordance with section 33. (4) Without prejudice to subsection (1), if street cleaning, street repairs, or scavenging is required to be carried out, or a natural disaster, fire, accident, riot, disturbance, or other emergency occurs, at or in the vicinity of a fixed pitch, and- (a) any public officer authorized by the Director; (78 of 1999 s. 7) (b) (Repealed 77 of 1979 s. 4) (c) a police officer; or (d) if the pitch is within a Housing Authority estate, an officer of the Housing Department, (23 of 1973 s. 36) considers that, to enable the cleaning, repairs, or scavenging to take place or, as the case may be, in the interests of the safety of the licensee or any member of the public, it is necessary for the pitch to be vacated, he may, either by written or verbal notice, direct the licensee to vacate the pitch temporarily from such time and for such period as he may specify; and the licensee shall comply with that direction from that time and for that period. (5) Where any licensee fails to comply with any notice or direction served on or given to him under this section within the period specified in the notice or direction, the Director, or any officer acting under the authority of the Director, may remove all equipment, commodities, and other items left on the pitch; and, without prejudice to the liability of the licensee to any penalty or forfeiture under this Regulation or under the Ordinance, the Director may recover the cost of removal from the licensee in like manner as a debt due to the Government. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 34 Council may require allocated pitch to be vacated either permanently or temporarily VerDate:30/06/1997 (1) Where the Council serves on a licensee to whom a fixed pitch has been allocated under by-law 33 a notice ordering him to vacate the pitch, he shall comply with the notice within such period as may be specified in it, being a period not less than 15 days from the date of service. (2) At the expiry of the period specified in the notice, the pitch shall, unless the Council otherwise directs, cease to be allocated to the licensee. (3) If the Council orders a licensee who is the holder of a fixed-pitch hawker licence which authorizes him to deal in drink or cooked food to vacate his pitch permanently, it shall allocate to him another fixed pitch in accordance with by-law 33. (4) Without prejudice to paragraph (1), if street cleaning, street repairs, or scavenging is required to be carried out, or a natural disaster, fire, accident, riot, disturbance, or other emergency occurs, at or in the vicinity of a fixed pitch, and- (a) any officer of the Urban Services Department duly authorized in writing by the Council; (L.N. 75 of 1994) (b) (Repealed 77 of 1979 s. 4) (c) a police officer; or (d) if the pitch is within a Housing Authority estate, an officer of the Housing Department, (23 of 1973 s. 36) considers that, to enable the cleaning, repairs, or scavenging to take place or, as the case may be, in the interests of the safety of the licensee or any member of the public, it is necessary for the pitch to be vacated, he may, either by written or verbal notice, direct the licensee to vacate the pitch temporarily from such time and for such period as he may specify; and the licensee shall comply with that direction from that time and for that period. (5) Where any licensee fails to comply with any notice or direction served on or given to him under this by-law within the period specified in the notice or direction, the Council, or any officer acting under the authority of the Council, may remove all equipment, commodities, and other items left on the pitch; and, without prejudice to the liability of the licensee to any penalty or forfeiture under these by-laws or under the Ordinance, the Council may recover the cost of removal from the licensee in like manner as a debt. HAWKER REGULATION - SECT 35 Cancellation of allocation at request of licensee VerDate:01/01/2000 The Director shall, on being requested to do so by a licensee to whom a fixed pitch is for the time being allocated under section 33, forthwith cancel the allocation. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 35 Cancellation of allocation at request of licensee VerDate:30/06/1997 The Council shall, on being requested to do so by a licensee to whom a fixed pitch is for the time being allocated under by-law 33, forthwith cancel the allocation. HAWKER REGULATION - SECT 36 Pitches to be used only by holders of fixed pitch licences VerDate:01/01/2000 (1) No person (whether a licensee or otherwise) shall use a fixed pitch 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. 73 of 1973) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 36 Pitches 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 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. 73 of 1973) HAWKER REGULATION - SECT 37 Use of pitches VerDate:01/01/2000 A licensee who holds a fixed-pitch hawker licence shall not use a fixed pitch that is for the time being allocated to another licensee, or that is being lawfully used by another licensee. HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 37 Use of pitches VerDate:30/06/1997 A licensee who holds a fixed-pitch hawker licence shall not use a fixed pitch that is for the time being allocated to another licensee, or that is being lawfully used by another licensee. HAWKER REGULATION - SECT 38 Fixed pitch licensees to be present on pitches at all reasonable times VerDate:01/01/2000 When the business of a licensee to whom a fixed pitch has been allocated under section 33 is being carried on, that licensee shall, unless absent for some reasonable cause, be personally present at the pitch and conduct or superintend business there. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 38 Fixed pitch licensees to be present on pitches at all reasonable times VerDate:30/06/1997 When the business of a licensee to whom a fixed pitch has been allocated under by-law 33 is being carried on, that licensee shall, unless absent for some reasonable cause, be personally present at the pitch and conduct or superintend business there. HAWKER REGULATION - SECT 39 Fixed pitches to be kept in safe and clean condition VerDate:01/01/2000 (1) (Repealed 78 of 1999 s. 7) (2) Every licensee, being the holder of a fixed-pitch hawker licence, who is the occupier of a fixed pitch allocated to him under section 33, shall at all times maintain the pitch and the area immediately adjacent to it in a clean and safe condition and ensure that both the pitch and the area are kept free of refuse (including refuse deposited by another person). (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 39 Fixed pitches to be kept in safe and clean condition VerDate:30/06/1997 (1) Every licensee, being the holder of a fixed-pitch hawker licence, who uses a metered fixed pitch, shall while using the pitch maintain it and the area immediately adjacent to it in a clean and safe condition and ensure that the pitch and area is kept free of refuse (including refuse deposited by any other person). (2) Every licensee, being the holder of a fixed-pitch hawker licence, who is the occupier of a fixed pitch allocated to him under by-law 31, shall at all times maintain the pitch and the area immediately adjacent to it in a clean and safe condition and ensure that both the pitch and the area are kept free of refuse (including refuse deposited by another person). HAWKER REGULATION - SECT 40 Stalls for holders of fixed-pitch and temporary hawker licences VerDate:01/01/2000 PART IV HAWKERS STALLS AND EQUIPMENT (1) Where a licensee who is the holder of a fixed-pitch hawker licence is for the time being allocated a fixed pitch under section 33, he may, unless a stall is provided by the Director on the pitch provide at his own expense and hawk from a stall (other than a wall stall) that is designed and constructed in accordance with specifications previously approved by the Director. (2) A licensee who holds a temporary hawker licence which authorizes him to hawk from a fixed pitch may provide and hawk from a stall (other than a wall stall) that is designed and constructed in accordance with specifications previously approved by the Director. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 40 Stalls for holders of fixed-pitch and temporary hawker licences VerDate:30/06/1997 PART IV HAWKERS STALLS AND EQUIPMENT (1) Where a licensee who is the holder of a fixed-pitch hawker licence is for the time being allocated a fixed pitch under by-law 33, he may, unless a stall is provided by the Council on the pitch provide at his own expense and hawk from a stall (other than a wall stall) that is designed and constructed in accordance with specifications previously approved by the Council. (2) A licensee who holds a temporary hawker licence which authorizes him to hawk from a fixed pitch may provide and hawk from a stall (other than a wall stall) that is designed and constructed in accordance with specifications previously approved by the Council. HAWKER REGULATION - SECT 41 Erection of wall stalls permitted in certain cases VerDate:01/01/2000 Notwithstanding section 40, the Director may permit a licensee who holds a fixed-pitch hawker licence, on receiving a written application from him for the purpose, to erect on any fixed pitch that is for the time being allocated to him under section 33 (not being one on which the Director provides a stall) a wall stall that is designed and constructed in accordance with specifications previously approved by the Director. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 41 Erection of wall stalls permitted in certain cases VerDate:30/06/1997 Notwithstanding by-law 40, the Council may permit a licensee who holds a fixed-pitch hawker licence, on receiving a written application from him for the purpose, to erect on any fixed pitch that is for the time being allocated to him under by-law 33 (not being one on which the Council provides a stall) a wall stall that is designed and constructed in accordance with specifications previously approved by the Council. HAWKER REGULATION - SECT 42 Stalls for holders of itinerant hawker licences VerDate:01/01/2000 A licensee who holds an itinerant hawker licence may provide and hawk from a mobile stall that is designed and constructed in accordance with specifications previously approved by the Director. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 42 Stalls for holders of itinerant hawker licences VerDate:30/06/1997 A licensee who holds an itinerant hawker licence may provide and hawk from a mobile stall that is designed and constructed in accordance with specifications previously approved by the Council. HAWKER REGULATION - SECT 43 Approval to be endorsed on licence VerDate:01/01/2000 Where the Director gives any approval to a licensee under sections 40 to 42, he shall cause the approval and any conditions subject to which it is given to be endorsed on the licensee's licence. <* Note - Exp. X-Ref.: Sections 40, 41, 42 *> (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 43 Approval to be endorsed on licence VerDate:30/06/1997 Where the Council gives any approval to a licensee under by-laws 40 to 42, it shall cause the approval and any conditions subject to which it is given to be endorsed on the licensee's licence. <* Note - Exp. X-Ref.: By-laws 40, 41, 42 *> HAWKER REGULATION - SECT 44 Stalls to be used only for hawking VerDate:01/01/2000 Neither a licensee nor any other person shall use a stall for any purpose other than hawking. HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 44 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. HAWKER REGULATION - SECT 45 Removal of stalls from pitches VerDate:01/01/2000 (1) A licensee shall not erect or use a stall that is not readily movable from a fixed pitch, unless the stall is one provided on the pitch by the Director. (78 of 1999 s. 7) (2) A licensee who provides a stall on a fixed pitch shall remove the stall from the pitch as soon as he ceases to be entitled to the use of the pitch. HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 45 Removal of stalls from pitches VerDate:30/06/1997 (1) A licensee shall not erect or use a stall that is not readily movable from a fixed pitch, unless the stall is one provided on the pitch by the Council. (2) A licensee who provides a stall on a fixed pitch shall remove the stall from the pitch as soon as he ceases to be entitled to the use of the pitch. HAWKER REGULATION - SECT 46 Licensee not to damage pitch VerDate:01/01/2000 A licensee shall not, in erecting a stall on a fixed pitch, cause or authorize any holes or other damage to be made in or in the vicinity of the pitch. HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 46 Licensee not to damage pitch VerDate:30/06/1997 A licensee shall not, in erecting a stall on a fixed pitch, cause or authorize any holes or other damage to be made in or in the vicinity of the pitch. HAWKER REGULATION - SECT 47 Stalls not to be joined VerDate:01/01/2000 A licensee shall not- (a) attach or permit the attaching of one stall to another stall; or (b) except in the case of stalls established within Housing Authority estates with the permission of the Housing Authority or of stalls provided by the Director, hawk from a stall which is attached to another stall. (23 of 1973 s. 36; 78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 47 Stalls not to be joined VerDate:30/06/1997 A licensee shall not- (a) attach or permit the attaching of one stall to another stall; or (b) except in the case of stalls established within Housing Authority estates with the permission of the Housing Authority or of stalls provided by the Council, hawk from a stall which is attached to another stall. (23 of 1973 s. 36) HAWKER REGULATION - SECT 48 Licensees not to place commodities and equipment outside pitches VerDate:01/01/2000 Except as provided in section 49, a licensee, while using a fixed pitch, shall ensure that all commodities being hawked by him or on his behalf, and all equipment or other objects used by him in connection with hawking, are placed within the boundaries of the pitch. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 48 Licensees not to place commodities and equipment outside pitches VerDate:30/06/1997 Except as provided in by-law 49, a licensee, while using a fixed pitch, shall ensure that all commodities being hawked by him or on his behalf, and all equipment or other objects used by him in connection with hawking, are placed within the boundaries of the pitch. HAWKER REGULATION - SECT 49 Use of tables and stools by holder of fixed-pitch hawker licences authorized to deal in drink or cooked food VerDate:01/01/2000 (1) Where a licensee who holds a fixed-pitch hawker licence authorizing him to deal in drink or cooked food is for the time being allocated a fixed pitch under section 33(1), the Director may, by endorsement on his licence, permit him to place in accordance with this section in any area approved by him in the immediate vicinity of the pitch such number of tables, stools, and chairs as he specifies in the endorsement. (2) On giving permission to any such licensee under subsection (1) the Director shall attach to the licence- (a) a scale plan showing the fixed pitch and the area in which the tables and stools of the hawker are permitted to be placed; and (b) a photograph of the pitch and its immediate vicinity. (3) Every such licensee shall ensure that- (a) each of the permitted tables- (i) has a surface area not exceeding 0.4 m2; (L.N. 89 of 1979) (ii) is collapsible; and (iii) is kept within the permitted area; and (b) each of the permitted stools or chairs is- (i) collapsible; and (ii) kept within the permitted area. (4) The Director may at any time withdraw permission given under subsection (1). (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 49 Use of tables and stools by holder of fixed-pitch hawker licences authorized to deal in drink or cooked food VerDate:30/06/1997 (1) Where a licensee who holds a fixed-pitch hawker licence authorizing him to deal in drink or cooked food is for the time being allocated a fixed pitch under by-law 33(1), the Council may, by endorsement on his licence, permit him to place in accordance with this by-law in any area approved by it in the immediate vicinity of the pitch such number of tables, stools, and chairs as it specifies in the endorsement. (2) On giving permission to any such licensee under paragraph (1) the Council shall attach to the licence- (a) a scale plan showing the fixed pitch and the area in which the tables and stools of the hawker are permitted to be placed; and (b) a photograph of the pitch and its immediate vicinity. (3) Every such licensee shall ensure that- (a) each of the permitted tables- (i) has a surface area not exceeding 0.4 m2; (L.N. 89 of 1979) (ii) is collapsible; and (iii) is kept within the permitted area; and (b) each of the permitted stools or chairs is- (i) collapsible; and (ii) kept within the permitted area. (4) The Council may at any time withdraw permission given under paragraph (1). HAWKER REGULATION - SECT 50 Equipment to be maintained in safe and clean condition VerDate:01/01/2000 (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 subsection (1), every licensee shall clean or paint his stall as often as he may be directed to do so by the Director or by any officer authorized by the Director for the purpose. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 50 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 as often as he may be directed to do so by the Council or by any officer authorized by the Council for the purpose. HAWKER REGULATION - SECT 51 Refuse bins to be provided VerDate:01/01/2000 (1) Every licensee, whether itinerant or operating from a fixed pitch, shall provide such number of refuse bins or receptacles which comply with subsection (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 Director may fro time to time specify. (3) Every licensee required to provide bins of receptacle under this section shall ensure that they are at all times maintained in a good state of repair. The Director, or any officer of the Food and Environmental Hygiene Department authorized by the Director or any police officer, may require a licensee to replace any such bin or receptacle 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. (4) Without prejudice to section 39, 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 subsection (1). (5) Every licensee shall ensure that all refuse which is accumulated in refuse bins or receptacles provided under subsection (1) is deposited in a public refuse bin or in a refuse disposal vehicle operated by the Food and Environmental Hygiene Department. (6) No licensee or assistant of a licensee shall deposit waste liquids in any street or other public place. (7) The Director may for the purpose of this section specify the size, shape, design, and material of refuse bins or receptacles to be provided by licensees. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 51 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 of receptacle under this by-law shall ensure that they are at all times maintained in a good state of repair. The Council, or any officer of the Urban Services Department authorized by the Council or any police officer, may require a licensee to replace any such bin or receptacle if it or 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. (4) Without prejudice to by-law 39, 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). (5) 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 Urban Services Department. (6) No licensee or assistant of a licensee shall deposit waste liquids in any street or other public place. (7) 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. HAWKER REGULATION - SECT 52 Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food VerDate:01/01/2000 (1) Without prejudice to section 50, 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 or 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 Director, 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 Director; (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. (78 of 1999 s. 7) (2) A hawker operating a cooked food stall under a fixed-pitch hawker licence authorizing him to deal in drink or cooked food shall use or allow to be used only wholesome water for the preparation of drink or food and the water shall be obtained- (a) from Government water mains; (b) from a source, other than such mains, that has been approved in writing by the Director. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 52 Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food VerDate:30/06/1997 (1) Without prejudice to by-law 50, 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 or 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. (2) No such licensee shall provide for drinking, or for use in cooking or washing or for any purpose pertaining to his business- (a) any water other than water from a tap connected to a Government water main; or (b) any water from a tap or other source within a public or private convenience or lavatory. HAWKER REGULATION - SECT 53 Licensee not to cause obstruction VerDate:01/01/2000 (1) Every licensee shall ensure that no stall or other equipment used by him in the course of his trade is erected or placed in such a manner as to obstruct or interfere with the free flow of vehicular traffic or the free movement of pedestrians. (78 of 1999 s. 7) (2) Neither a hawker nor an assistant shall behave towards any person in an importunate manner or in a manner calculated to obstruct, disturb or annoy a person. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 53 Licensee not to cause obstruction VerDate:30/06/1997 Every licensee shall ensure that no stall or other equipment used by him in the course of his trade is erected or placed in such a manner as to obstruct or interfere with the free flow of vehicular traffic or the free movement of pedestrians. HAWKER REGULATION - SECT 54 Electrical equipment not to be installed without approval of Director VerDate:01/01/2000 (1) No licensee shall install or connect any electrical appliances, electrical wiring, or other electrical equipment for the purposes of his trade unless he has previously obtained in writing the approval of the Director. (2) Every licensee shall ensure that any appliance, wiring, or equipment for which he has obtained approval under subsection (1) does not constitute a danger or hazard to any person or property. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 54 Electrical equipment not to be installed without approval of Council VerDate:30/06/1997 (1) No licensee shall install or connect any electrical appliances, electrical wiring, or other electrical equipment for the purposes of his trade unless he has previously obtained in writing the approval of the Council. (2) Every licensee shall ensure that any appliance, wiring, or equipment for which he has obtained approval under paragraph (1) does not constitute a danger or hazard to any person or property. HAWKER REGULATION - SECT 55 Licensee to comply with conditions of licence VerDate:01/01/2000 PART V MISCELLANEOUS PROVISIONS (1) Every licensee shall comply with- (a) the conditions of his licence; (b) any conditions notified to him of which he has notice under section 31; and (c) any condition subject to which the Director grants to him any approval under this Regulation. (78 of 1999 s. 7) (2) Every licensee shall ensure that no assistant employed by him in connection with his business contravenes any such condition. HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 55 Licensee to comply with conditions of licence VerDate:30/06/1997 PART V MISCELLANEOUS PROVISIONS (1) Every licensee shall comply with- (a) the conditions of his licence; (b) any conditions notified to him of which he has notice under by-law 31; and (c) any condition subject to which the Council grants to him any approval under these by-laws. (2) Every licensee shall ensure that no assistant employed by him in connection with his business contravenes any such condition. HAWKER REGULATION - SECT 55A Hawker bazaars VerDate:01/01/2000 (1) Where the Director has established a hawker bazaar, he may, in a manner he thinks fit- (a) allocate a pitch in the bazaar to any licensed hawker; (b) specify the commodities that may be sold from a pitch. (2) Where the Director specifies commodities under subsection (1)(b), a person shall not hawk any other commodities from that pitch. (78 of 1999 s. 7) HAWKER REGULATION - SECT 56 Offences and penalties VerDate:01/01/2000 (1) A person who contravenes section 5(3) is guilty of an offence, and is liable- (a) on first conviction, to a fine at level 2 and to imprisonment for 3 months; and (b) on a second or any subsequent conviction, to a fine at level 3 and to imprisonment for 6 months. (L.N. 217 of 1996) (2) Any licensee who contravenes any of the provisions of sections 5(2), 10A(3), 12(1A), 13(1), 15(1), 15(3), 16, 22, 24, 25(2), 32, 34(1), 34(4), 37 to 39, 45 to 48, 49(3), 51(1), 51(3), 51(5), 52, 54, 55 and 55A(2) is guilty of an offence, and is liable on conviction to a fine at level 2 and, in the case of a continuing offence, is liable to a further fine of $100 for each day during which the offence has continued. (L.N. 346 of 1989) (2A) Any licensee who contravenes section 53 is guilty of an offence and is liable on conviction to a fine at level 2 and to imprisonment for 1 month and, in case of a continuing offence, to a further daily fine of $100. (L.N. 296 of 1987) (3) Any licensee, or any assistant employed by a licensee, who contravenes section 51 (4) or (6) is guilty of an offence, and is liable on conviction to a fine at level 2. (3A) Any person who while hawking wears a hawker badge issued to a person other than himself commits an offence and is liable to a fine at level 2. (L.N. 346 of 1989) (4) Any person, being a former licensee or the personal representative of a deceased licensee, who fails to comply with section 20 is guilty of an offence, and is liable on conviction to a fine at level 1. (5) Any person (whether a licensee or otherwise) who contravenes any of the provisions of sections 14, 15(2), 36, and 44 is guilty of an offence, and is liable on conviction to a fine at level 2 and, in the case of a continuing offence, to a further fine of $100 for each day during which the offence has continued. (5A) A hawker who contravenes section 5A is guilty of an offence and is liable- (a) on first conviction, to a fine at level 1; and (b) on the second or subsequent conviction, to a fine at level 2. (78 of 1999 s. 7) (6) Any person who acts as the deputy of a licensee when he knew or ought to have known that the licensee had not obtained permission from the Director for him to act in that capacity is guilty of an offence, and is liable on conviction to a fine at level 2 and, in the case of a continuing offence, to a further fine of $300 for each day during which the offence has continued. (7) Any person (whether a licensee or otherwise) who, for the purpose of obtaining any licence, permission, or approval under this Regulation, either for himself or any other person, makes any representation, whether oral or written, to the Director or officer of the Food and Environmental Hygiene Department being a representation which he knows to be false as to a material particular is guilty of an offence, and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. (8) Where a particular degree of fault is not specified in respect of an element of an offence against this Regulation, that offence nevertheless requires negligence in the defendant as to that element. In any such case negligence may be treated as established in the absence of proof to the contrary. Where the fault proved by the evidence is of a higher degree than negligence, negligence shall be taken as established. (9) For the purposes of subsection (8) a person is negligent if he fails to exercise such care, skill, or foresight as a reasonable man in his situation would exercise. (L.N. 296 of 1987; L.N. 177 of 1996; 78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 56 Offences and penalties VerDate:30/06/1997 (1) A person who contravenes by-law 5(3) is guilty of an offence, and is liable- (a) on first conviction, to a fine at level 2 and to imprisonment for 3 months; and (b) on a second or any subsequent conviction, to a fine at level 3 and to imprisonment for 6 months. (L.N. 217 of 1996) (2) Any licensee who contravenes any of the provisions of by-laws 5(2), 10A(3), 13(1), 15(1), 15(3), 16, 22 to 24, 25(2), 28(3), 28(4), 30(1), 32, 33(3), 34(1), 34(4), 37 to 39, 45 to 48, 49(3), 51(1), 51(3), 51(5), 52, 54 and 55 is guilty of an offence, and is liable on conviction to a fine at level 2 and, in the case of a continuing offence, is liable to a further fine of $100 for each day during which the offence has continued. (L.N. 346 of 1989) (2A).Any licensee who contravenes by-law 53 is guilty of an offence and is liable on conviction to a fine at level 2 and to imprisonment for 1 month and, in case of a continuing offence, to a further daily fine of $100. (L.N. 296 of 1987) (3) Any licensee, or any assistant employed by a licensee, who contravenes by-law 51 (4) or (6) is guilty of an offence, and is liable on conviction to a fine at level 2. (3A) Any person who while hawking wears a hawker badge issued to a person other than himself commits an offence and is liable to a fine at level 2. (L.N. 346 of 1989) (4) Any person, being a former licensee or the personal representative of a deceased licensee, who fails to comply with by-law 20 is guilty of an offence, and is liable on conviction to a fine at level 1. (5) Any person (whether a licensee or otherwise) who contravenes any of the provisions of by-laws 14, 15(2), 29, 36, and 44 is guilty of an offence, and is liable on conviction to a fine at level 2 and, in the case of a continuing offence, to a further fine of $100 for each day during which the offence has continued. (6) Any person who acts as the deputy of a licensee when he knew or ought to have known that the licensee had not obtained permission from the Council for him to act in that capacity is guilty of an offence, and is liable on conviction to a fine at level 2 and, in the case of a continuing offence, to a further fine of $300 for each day during which the offence has continued. (7) Any person (whether a licensee or otherwise) who, for the purpose of obtaining any licence, permission, or approval under these by-laws, either for himself or any other person, makes any representation, whether oral or written, to the Council or any employee or agent of the Council being a representation which he knows to be false as to a material particular is guilty of an offence, and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. (8) Where a particular degree of fault is not specified in respect of an element of an offence against these by-laws, that offence nevertheless requires negligence in the defendant as to that element. In any such case negligence may be treated as established in the absence of proof to the contrary. Where the fault proved by the evidence is of a higher degree than negligence, negligence shall be taken as established. (9) For the purposes of paragraph (8) a person is negligent if he fails to exercise such care, skill, or foresight as a reasonable man in his situation would exercise. (L.N. 296 of 1987; L.N. 177 of 1996) HAWKER REGULATION - SECT 57 Magistrate may recommend cancellation or suspension of licence VerDate:01/01/2000 Where a licensee is convicted of an offence against this Regulation, after having been previously convicted of a similar offence or any other offence against this Regulation (whether in his capacity as a licensee or otherwise), the magistrate convicting him may, in addition to or instead of imposing a penalty authorized by section 56, recommend to the Director that the licence of the licensee be cancelled or suspended under section 125 of the Ordinance. (78 of 1999 s. 7) HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 57 Magistrate may recommend cancellation or suspension of licence VerDate:30/06/1997 Where a licensee is convicted of an offence against these by-laws, after having been previously convicted of a similar offence or any other offence against these by-laws (whether in his capacity as a licensee or otherwise), the magistrate convicting him may, in addition to or instead of imposing a penalty authorized by by-law 56, recommend to the Council that the licence of the licensee be cancelled or suspended under section 125 of the Ordinance. HAWKER REGULATION - SECT 58 (Repealed L.N. 102 of 1999) VerDate:01/01/2000 HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 58 (Repealed L.N. 102 of 1999) VerDate:01/06/1999 HAWKER (URBAN COUNCIL) BY-LAWS - BYLAW 58 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(3) of the Ordinance and by-laws 5, 22, 36, and 48. (L.N. 275 of 1977) HAWKER REGULATION - SCHEDULE SCHEDULE (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 HAWKER REGULATION - SCHEDULE SCHEDULE VerDate:30/06/1997 FEES PART I (Repealed L.N. 70 of 1995) PART II [by-law 28] Fee for the use of a fixed pitch on which a meter is erected ......... $0.50 for each period of 4 hours. PART III (Repealed L.N. 70 of 1995)