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[接上页] (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 |