(78 of 1999 s. 7) (Cap 132, section 83A) [3 November 1972] (L.N. 202 of 1972) Cap 132AI s 1 (Repealed 78 of 1999 s. 7) PART I PRELIMINARY Cap 132AI s 2 Interpretation In this Regulation, unless the context otherwise requires- (78 of 1999 s. 7) "boundaries" (界线), 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" (署长) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7) "drink" (饮品) includes every type of prepared beverage except one that is sealed in a bottle or canister at the time of manufacture; "equipment" (设备) 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" (固定摊位) 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" (固定摊位小贩牌照) means a licence issued under section 8; (78 of 1999 s. 7) "hawker" (小贩) includes a deputy; (78 of 1999 s. 7) "hawker badge" (小贩证) means a badge issued under section 10A; (78 of 1999 s. 7) "hawker bazaar" (小贩市场) 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" (小贩认可区) 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" (房屋委员会产业) 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" (流动小贩牌照) 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" (摊档) 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" (腾空), 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" (靠墙摊档) 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) Cap 132AI s 3 Application (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) Cap 132AI s 4 Hawker permitted places (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) Cap 132AI s 5 Hawkers to be licensed 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) Cap 132AI s 5A Restriction on hawking in special areas 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) Cap 132AI s 6 Restrictions on issue of licences 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. Cap 132AI s 7 Applications for licences (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) Cap 132AI s 8 Issue of fixed-pitch hawker licences (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) Cap 132AI s 9 Itinerant hawker licences (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) Cap 132AI s 10 Temporary licences 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) Cap 132AI s 10A Hawker badges (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) Cap 132AI s 11 Deputies (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) Cap 132AI s 12 Assistants (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) Cap 132AI s 13 Stall, licences and pitch cards not to be sublet or transferred (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) Cap 132AI s 14 Licence, etc. not to be altered or defaced (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) Cap 132AI s 15 Possession of licences (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) Cap 132AI s 16 Licensees to produce licences for inspection on demand 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) Cap 132AI s 17 Issue of duplicate licences 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) Cap 132AI s 18 Duration of licences Every licence, other than a temporary licence, shall, unless it is sooner renewed, expire 12 months after the date on which it was issued. Cap 132AI s 19 Cancellation of licences, etc. (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) Cap 132AI s 20 Licence to be surrendered on termination (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) Cap 132AI s 21 Renewal of licences (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) Cap 132AI s 22 Restrictions on areas in which licensee may hawk (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) Cap 132AI s 23 (Repealed L.N. 73 of 1973) Cap 132AI s 24 Director to be notified of change of particulars 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) Cap 132AI s 25 Director may require production of licence for amendment (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) Cap 132AI s 26 Register of licences to be kept (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) Cap 132AI s 27 Delineation of fixed pitches 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) Cap 132AI s 28 (Repealed 78 of 1999 s. 7) Cap 132AI s 29 (Repealed 78 of 1999 s. 7) Cap 132AI s 30 (Repealed 78 of 1999 s. 7) Cap 132AI s 31 Control of use of fixed pitches 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. Cap 132AI s 32 Temporary closure of pitches 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) Cap 132AI s 33 Allocation of fixed pitches (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) Cap 132AI s 34 Director may require allocated pitch to be vacated either permanently or temporarily (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) Cap 132AI s 35 Cancellation of allocation at request of licensee 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) Cap 132AI s 36 Pitches to be used only by holders of fixed pitch licences (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) Cap 132AI s 37 Use of pitches 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. Cap 132AI s 38 Fixed pitch licensees to be present on pitches at all reasonable times 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) Cap 132AI s 39 Fixed pitches to be kept in safe and clean condition (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) Cap 132AI s 40 Stalls for holders of fixed-pitch and temporary hawker licences 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) Cap 132AI s 41 Erection of wall stalls permitted in certain cases 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) Cap 132AI s 42 Stalls for holders of itinerant hawker licences 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) Cap 132AI s 43 Approval to be endorsed on licence Expanded Cross Reference: 40, 41, 42 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) Cap 132AI s 44 Stalls to be used only for hawking Neither a licensee nor any other person shall use a stall for any purpose other than hawking. Cap 132AI s 45 Removal of stalls from pitches (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. Cap 132AI s 46 Licensee not to damage pitch 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. Cap 132AI s 47 Stalls not to be joined 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) Cap 132AI s 48 Licensees not to place commodities and equipment outside pitches 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) Cap 132AI s 49 Use of tables and stools by holder of fixed-pitch hawker licences authorized to deal in drink or cooked food (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) Cap 132AI s 50 Equipment to be maintained in safe and clean condition (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) Cap 132AI s 51 Refuse bins to be provided (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) Cap 132AI s 52 Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food (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) Cap 132AI s 53 Licensee not to cause obstruction (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) Cap 132AI s 54 Electrical equipment not to be installed without approval of Director (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) Cap 132AI s 55 Licensee to comply with conditions of licence 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. Cap 132AI s 55A Hawker bazaars (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) Cap 132AI s 56 Offences and penalties Expanded Cross Reference: 22,23,24;37,38,39; 45,46,47,48 (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) Cap 132AI s 57 Magistrate may recommend cancellation or suspension of licence 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) Cap 132AI s 58 (Repealed L.N. 102 of 1999) Cap 132AI SCHEDULE (Repealed 78 of 1999 s. 7)
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