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[接上页] Cap 291B bylaw 16 Employee of Organization acting as agent (1) The manager may appoint an employee of the Organization to bid at an auction in a market, or to purchase marine fish, as agent for any person who is not a registered buyer. (2) An employee of the Organization who has been appointed under paragraph (1) may not bid at any auction, unless he has, before the bidding has commenced, informed the auctioneer and all other persons present at that time of his intention to bid at the auction. Cap 291B bylaw 17 Identification of registered and nominee buyers (1) The manager shall issue a badge of identity to each registered buyer, which shall be returned when the registered buyer ceases to be registered. (2) A badge of identity shall not be transferable and no person who has been issued with a badge of identity shall permit or suffer it to be carried or used by any other person in a market: Provided that- (a) a registered buyer may permit or suffer a badge of identity issued to him to be carried and used in a market by his nominee buyers; and (b) a corporation that is a registered buyer may permit or suffer a badge of identity issued to it to be carried and used in a market by its authorized representatives.(3) A badge of identity issued to a registered buyer shall not be carried or used in a market by any person other than a registered buyer, or the nominee buyer of such registered buyer, or the authorized representative of a corporation that is a registered buyer. Cap 291B bylaw 18 Sales to be by way of auction PART V METHOD OF SALES AND PAYMENT All sales of marine fish at a market shall be by way of auction, except where an alternative method of sale is authorized by the manager with the approval of the Organization. Cap 291B bylaw 19 Reserve prices in auctions (1) If, before the bidding has commenced for any marine fish at an auction in a market, the seller or his agent informs the auctioneer and all other persons present at that time, he may place a reserve price on any marine fish to be sold. (2) When a reserve price has been placed in accordance with paragraph (1) and in the bidding the reserve price is not reached, the auctioneer shall declare the fish not to be sold. Cap 291B bylaw 20 Cancellation of sales The manager may, with the approval of the Organization, cancel any sale of marine fish made at a market. Cap 291B bylaw 21 Commission for sales (1) There shall be payable to the Organization, for the services provided in respect of sales of marine fish at a market, a commission at the rate prescribed under paragraph (1A). (L.N. 114 of 1993) (1A) The Organization may after consulting the Board prescribe, by notice published in the Gazette, the rate of commission payable under paragraph (1). (L.N. 114 of 1993) (2) The commission may be deducted from the purchase price by the manager before payment is made to the seller. Cap 291B bylaw 22 Method of payment (1) All payments for the purchase of marine fish at a market shall be made to the manager, who shall be responsible for payment to the seller. (2) The manager may allow a registered buyer or a nominee buyer to make purchases on credit, subject to such terms and conditions as shall have been approved by the Organization. (3) The manager may accept cash deposits from any registered buyer or nominee buyer for future purchases at a market. Cap 291B bylaw 23 Appeal to the Organization Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 PART VI APPEAL TO THE ORGANIZATION (1) If any person is dissatisfied with any decision of the manager, acting in the exercise of his discretion under any of the following provisions- (a) paragraph (1) of by-law 8; (b) by-law 10; (c) paragraph (3) of by-law 12; (d) paragraph (2) of by-law 13; or (e) by-law 15,he may apply in writing to the Organization appealing against such decision and stating the grounds for his dissatisfaction. (2) On receipt of an application under paragraph (1), the Organization shall cause such investigation to be made as may appear to be necessary in the circumstances, and if it thinks fit, appoint a place, time and day for hearing the application. (3) The applicant may, if he so desires, be present at the hearing (if any) of an application under this by-law and be heard in its support either in person or by his representative. (4) On determining the application, the Organization may confirm, vary, suspend or cancel the decision in question. (5) If any person is dissatisfied with the determination of the Organization under this by-law, he may within fourteen days after notification by the Organization of its determination appeal to the Chief Executive in Council by way of petition, and the decision of the Chief Executive in Council shall be final. (65 of 1999 s. 3) Cap 291B bylaw 24 Offences and penalties PART VII OFFENCES AND PENALTIES Any person who- (a) contravenes paragraph (2) of by-law 8, by-law 9, or paragraph (2) or (3) of by-law 17; (b) refuses to leave a market when ordered to do so by the manager under paragraph (1) of by-law 8; (c) being the owner or person in charge of a vessel or vehicle, refuses to move such vessel or vehicle when required to do so by the manager under by-law 10; (d) in a market, bids at an auction or purchases or attempts to purchase marine fish, when he is not authorized to do so under by-law 11; (e) wilfully supplies any false information in an application for registration under by-law 12 or 13; (f) wilfully supplies any false information for the purposes of obtaining credit under paragraph (2) of by-law 22; (g) in a market, obstructs the manager or an employee of the Organization in the performance of his duties; or (h) in a market, acts in a disorderly manner,shall be guilty of an offence and shall be liable on summary conviction to a fine of five hundred dollars. |