Restriction
on the sale, ctc. of
articles specified
In the Second Schedule,
(L.N. 64/63).
(LN. 65/63).
Second Schedule.
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30. (1) Except with the permission in writing of the Director, no person shall sell, offer or expose for sale, or possess for sale or for we in the preparation of any article of food for sale, any of the foods specified in the Second Schedule:
Provided that the provisions of this paragraph shall not apply to the hawking of live poultry in any place or area for the time being set aside by the Director pursuant to paragraph (2) of regulation 4 of the Hawker (New Territories) Regulations, 1963.
(2) Every permission granted under paragraph (1) shall—
(a)
if granted to an applicant who is already in possession of a valid licence granted by the Director under any of the follow ing regulations, namely-
() these regulations,
(ii) the Milk (New Territories) Regulations, 1963,
(iii) the Frozen Confections (New Territories) Regulations, 1963,
(iv) the Hawker (New Territories) Regulations, 1963,
be granted free of charge and shall be valid for so long as the licence is valid;
(b) if granted to an applicant who is the lessee of a market wall
leased to him-
(0 by the Director, on behalf of the Crown, under the provisions of the Public Markets (New Territories) Regula. tions, 1963, or
(ii) by the owner, within the meaning of the Private Markets (New Territories) Regulations, 1963, of a private market under the provisions of those regulations,
be granted free of charge and shall be valid for the duration of the lease; and
(c) if granted to an applicant to whom neither the provisions of sub-paragraph (a) nor of sub-paragraph (b) apply, expire annually on the 31st day of March and be granted subject to the payment in advance to the Government of the appropriate fee prescribed in the third column of the Second Schedule:
Provided that, where such permission is granted on or after the 1st day of October in any year, the fee payable in respect of the grant thereof shall be one-half of the fee O prescribed.
(3) Where the Director is satisfied that any permission granted under this regulation has been lost or destroyed, the Director may upon payment of a fee of two dollars issue a duplicate thereof.
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(4) For the avoidance of doubt, nothing in this regulation shall be construed to exempt any person from complying with any other Licensing requirements prescribed by these or any other regulations.
PART IV.
LICENSING OF CERTAIN FOOD BUSINESSES.
of food
31. (1) Except under and in accordance with a licence granted by Licensing the Director under this regulation, no person shall carry on any of the businesses. following food bustnesses—
(a) any food factory, not being a milk factory or a frozen confec
tion factory; or
(b) any restaurant; or
(c) any siu mei or lo meí shop; or
(d) any fresh provision shop.
Schedule.
For the purposes of this regulation and of the Third Schedule, Third the expression- *food factory" means any food business which involves the manufacture or preparation of food for sale for human consumption, but does not include a restaurant or a hawker's stall;
"iresh provision shop" means any food business which involves the gale of fresh or frozen beef, mutton, pork, fish (including live Ash). poultry (including live poultry), fruit or vegetables, but does not include a restaurant, market stall or any business carried on by a bawker,
"frozen confection factory" means any food business which involves,
within the meaning of the Frozen Confections (New Territories) (L.N. 65/63). Regulations, 1963, the manufacture of any frozen confection;
"milk factory" means any food business which involves, within the
meaning of the Mülk (New Territories) Regulations, 1963, the (L.N. 64/63). processing or reconstitution of milk;
"restaurant" means any food business which involves the sale of meals or unbottled non-alcoholic drinks to customers, but does not include a bawker's stall;
"siu met and lo mci shop" means any food business which involves the sale by retail of siu mei or lo mei, but does not include a restaurant or any business carried on by a hawker.
(3) Without prejudice to anything contained in the Ordinance relating to licences, any licence granted under this regulation may, as a condition thereof, prohibit or restrict the carrying on at or from the