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Regulations relating to hawkers.
phernalia used in connexion with hawking; but does not include any commodity sold, or offered or exposed for sale, by a hawker;
"bawker offence" means an offence against section 83B or against any regulations made under section 83A;
"stall" includes any erection. structure, box, cart,
barrow, trolley, bicycle, tricycle, or van.
834. (1) The Authority may make regulations for all or any of the following purposes-
(a) providing for the licensing of hawkers; (6) providing for the classification of hawkers; (c) restricting or prohibiting hawkers from carry- ing on business in any specified place or area or otherwise than in any specified place or
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(d) regulating or prohibiting the hawking of any
specified commodities or services;
(e) prescribing conditions subject to which
licensed hawkers may operate:
(f) providing for the employment by licensed
hawkers of deputies and assistants;
(g) providing for the allocation of pitches to licensed hawkers, and for the erection by any such hawkers of stalls thereon, subject to such conditions as the Authority may specify (either generally or in any specific case); (A) providing for the removal of hawkers and
their equipment and commodities;
( providing for the court, on convicting a hawker of a hawker offence, to recommend to the Authority that the licence (if any) of the hawker be cancelled or suspended: prescribing fees and charges in respect of licences and in respect of the allocation and use of hawker pitches:
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(*) providing for such other maliers as may be necessary for the proper regulation and control of hawkers.
(2) Any regulation made under subsection (1)(c) relating to the restriction or prohibition of hawkers
carrying on business in any specified place or ares, or otherwise than in any specified place or area, may provide that the place or area be prescribed by the Urban Council in relation to the urban areas or the Director of Urban Services in relation to the New Territories by order published in the Gazette, and may, in addition to publication in the Gazette, provide for any other means of making the place or area known to the public.".
3. The principal Ordinance is amended by inserting, after section 83A, the following new section-
"Commb- sioner for Transport may set aside streets for hawking purposes.
83B. (1) Subject to subsection (2), no person shall engage in hawking in any street which has not been declared to be a street set aside for hawking purposes in accordance with this section.
(2) Nothing in subsection (1) shall prevent an itinerant hawker licensed under regulations made under section 83A from engaging in hawking in any street which has not been set aside in accordance with this section so long as he is authorized to do so by bis licence.
(3) Any person who, without lawful authority or excuse, contravenes subsection (1) shall be guilty of an offence.
(4) The Commissioner for Transport may from time to time, after consultation with the Authority and the Commissioner of Police, declare in writing that the whole or any part of a street may be set aside to be used for hawking purposes, and shall give notice of any such declaration-
(a) by publishing it in one issue of the Gazette; (6) by publishing it in three consecutive issues of at least one English language newspaper and one Chinese language newspaper;
(e) by causing copies of it to be exhibited in one or more conspicuous places in or in the immediate vicinity of the street.
(5) On the requirements of subsection (4) being satisfied—
(a) the Authority may allocate pitches in the street to hawkers (other than itinerant
Insertion of new section 838.