Ordinance
No. 10 of 1809.
Prohibition
of trading
as marine
hawker
without
licence
jasued by Director of Marine.
Power for Governor
in Council to make
regula-
tions.
Enactment
of rogula- tions in Schedule.
Penalties.
Power of Arrest and arder of forfeiture.
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"vessel" shall have the meaning assigned thereto in section 2 of the Merchant Shipping Ordinance, 1899.
3.
Any person who trades as a marine hawker except under and in accordance with a licence issued by the Director of Marine in accordance with regulations made under this Ordinance shail be guilty of an offence.
4. The Governor in Council may make regulations for the control by registration, licensing or otherwise of marine hawkers and for prescribing fees upon such registration or licensing.
5. The regulations in the Schedule shall be deemed to have been made under this Ordinance and shall be in force except as they may be rescinded, suspended, amended or added to by regulations made under section 4.
6. (1) Any person who commits an offence against this Ordinance shall be liable on summary conviction to a line of five hundred dollars and to imprisonment for six months.
(2) Any regulation made under this Ordinance may provide that a contravention thereof shall be an offence and a person guilty of such an offence shall be liable on summary conviction to a fine of five hundred dollars and to imprisonment for six months unless a lesser penalty is prescribed by such regulation,
7. (1) In the absence of a police officer it shall be lawful for any marine officer, health officer, health inspector or revenue officer in whose presence an offence against this Ordinance or any regulation made hereunder has been committed, to arrest the offender and either to give him into the custody of a police officer or take him to the nearest police station : Provided that no such arrest shall be effected unless it is impracticable to proceed against the offender by complaint and summons.
(2) Where an offence against this Ordinance or any regulation hereunder has been committed, a police officer, marine officer, health officer, health inspector or revenue officer may convey or cause to be conveyed before a magistrate the goods,
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wares, merchandise, samples or patterns being sold, exposed or delivered, and the utensils or other paraphernalia in the apparent use of the offender, and the magistrate may order the forfeiture of all such goods, wares, merchandise, samples, patterns, utensils or paraphernalia, in addition to or in substitution for any other punishment prescribed, and whether or not any person is convicted in respect of such offence.
g This Ordinance shall come into operation on the 1st day Commence- of October, 1950.
SCHEDULE.
ment.
1. These regulations may be cited as the Marine Hawkers Citation. Regulations, 1950.
2. Any person desirous of obtaining a licence to trade as Application
a marine hawker shall apply to the Director of Marine on the form for licence. provided for that purpose at the Marine Department and furnish such copies of his photograph not exceeding four as the Director of Marine any require.
3. The annual licence fee to trade as a marine hawker on Licence fee. steamships shall be $60; and on native craft, $35.
4. (1) The forms of licences shall be respectively those in Forms of Forms Nos. 1 and 2 in the Appendix to these regulations.
licence.
(2) The licence shall specify the commodities or handi- craft in which the licensee shall trade.
5. Every licensee shall confine his trade exclusively to that Trading specified in his licence and to the particular arcs (if any) in the area, &c, waters of the Colony so specified.
6. Every licence shall expire on 30th September following Expiry of the date on which it is granted. Annual renewals may be licence. granted on payment of fees equivalent to the licence fee.
1. (1) The Director of Marine may in his absolute discre- Discre- tion refuse to grant or renew any licence.
tionary powers of Director of
(2) The Director of Marine may revoke a licence if the Marine, licensee is convicted of any offence against these regulations. He may also revoke a licence on the ground of a breach of any condi- tion of the licence by the licensee or on the ground of the general