|
[接上页] 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) |