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To regulate timber stores. (Enacted 1995) [17 March 1995] L.N. 97 of 1995 (Originally 11 of 1995) Cap 464 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Timber Stores Ordinance. (2) (Omitted as spent) (Enacted 1995) Cap 464 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Director" (处长) means the Director of Fire Services; "licence" (牌、牌照) means a licence granted under section 4, or renewed under section 7 to operate a timber store; "licensee" (持牌人) means a person to whom a licence has been granted or transferred or whose licence has been renewed; "place" (地方) includes any premises, yard or place on land; "timber store" (木料仓) means any place used for the storage of timber other than- (a) a place used for the storage of timber in bulk with an average sectional area of not less than 0.05 m2; or (b) a place used for the storage of any timber in a quantity in the aggregate of less than 12 m3; or (c) a place used for the storage of any timber being a construction site within the meaning of regulation 2 of the Construction Sites (Safety) Regulations (Cap 59 sub. leg.). (Enacted 1995) Cap 464 s 3 Prohibition on operating timber store without a licence (1) Any person who on any occasion operates, keeps, manages or otherwise has control of a timber store in regard to the operation of which a licence is not in force commits an offence. (2) Where an offence under subsection (1) is alleged to have been committed, proof that a defendant did any act in connection with the operation, keeping, management or other control of a timber store is, in the absence of evidence to the contrary, proof that the defendant operated, kept, managed or otherwise had control of a timber store. (3) It shall not be a defence that a person charged with an offence under subsection (1) did not know that the operation of the timber store which is the subject of the offence was not licensed. (4) Any person who commits an offence under subsection (1) shall be liable to a fine at level 5 and to imprisonment for 6 months. (Enacted 1995) Cap 464 s 4 Application for and grant of a licence PART II LICENCES (1) An application by a person for a licence shall be made to the Director in such form and manner as he may require. (2) Subject to subsection (3), the Director may grant a licence, and may impose such conditions in relation to the operation, keeping, management or other control of a timber store as he thinks fit. (3) The Director shall not grant a licence unless he is satisfied, in relation to the proposed operation of a timber store, that- (a) the applicant will adequately and personally supervise the operation of the timber store;(b) the place of proposed operation is- (i) suitable for the operation of a timber store; and (ii) located in an area suitable for the operation of a timber store.(4) A licence granted under this section shall- (a) be in such form as the Director may require; (b) not take effect except on payment of the prescribed fee; and (c) authorize the licensee to operate a timber store for a period of 12 months, or such lesser period as may be indicated in the licence, from the date on which it is granted. (Enacted 1995) Cap 464 s 5 Transfer of licence (1) Except as provided in this section a licence shall not be transferable. (2) The Director may on application in writing to him by the licensee, showing cause to his satisfaction, and on payment of the prescribed fee, permit the transfer of an existing licence until its expiration to another person, and such transfer shall be endorsed on the licence. (Enacted 1995) Cap 464 s 6 Grant or transfer of licence to bodies corporate or partnerships (1) Where a body corporate or a partnership wishes to obtain a licence under section 4 a person authorized by the body corporate or the partnership in that behalf shall apply as the representative of the body corporate or the partnership and, if a licence is granted by the Director, it shall be expressed to be granted to that person on behalf of the body corporate or the partnership, as the case may be. (2) Where a licence is transferred to a body corporate or a partnership under section 5(2), it shall be expressed to be transferred to a person authorized by the body corporate or the partnership in that behalf as the representative of the body corporate or the partnership, as the case may be. (Enacted 1995) Cap 464 s 7 Renewal of a licence (1) A licensee may, before the expiration of his licence, apply for his licence to be renewed. (2) This section does not apply to a licensee whose licence is revoked. (3) An application by a licensee for the renewal of a licence shall be made to the Director in such form and manner as he may require. (4) The renewal of a licence under this section shall not take effect except on payment of the prescribed fee and the Director may in respect of the renewed licence impose any condition in relation to the operation, keeping, management or other control of a timber store in addition to or instead of any condition previously imposed by him under section 4(2). |