1946-HKRS28-8-13_Part02 — Page 24

Lasuing

Licences.

Appeal to

in Counull.

Insportcou

of licences.

4. (1) The Superintendent of Imports and Esports (hereinafter called "the Superintendent') shall issue licences under this Ordinance: Provided always that except in the case of the renewal of a licence already issued under this Ordinance the Superintendent shall not issue a licence to any applicant unless such applicant produces a certificate signed by a Sworn Measurer to the effect that such applicnit is in the opinion of the Sworn Measurer a fit and proper person to be licensed as a tallyclerk.

(ii) The Superintendent shall keep a Agister of litances issued under the provisions of this Orditante in which he shall cause to be entered full particulars of every licensed and of the issue and any renewal cancellation depension of every licence.

(iii) The Superintendent shall at the request in writing of a Sworn Measurer cancel or refuse to renew any toenco and shall at the like request suspend the thinks

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belo bean-

(iv) Licences issued under this Ordinates! nual licences commencing from and renewable upon the let day of January in each year; they shall be in the farm in tho Schedule hereto and each applicant for a licence shall supply the Superintendent with two passport size photographs of himself one of which shall be affixed to the licence. The anugal licence fee shall be $5.00.

(v) Any request statement or certificate made or given by any Sworn Measurer in pursuance of any of the provisions of this section shall be deemed to be made or given in pur- sqance of a duty imposed by this Ordinance.

5. (Whenever the issue or renewal of a licence under this Ordinance has been refused or a licence thereunder has been cancelled or suspended any person aggrieved thereby any appeal to the Governor in Council, who, if in his opinion the act or refusal complained of requires modification, revoca- tion or setting aside, may make such Order in respect thereof an may be just.

The grounds of such appeal shall be concisely stated in writing and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of, and without further reference to, the Superintendent.

The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and docu- ments submitted by the respondent for the consideration of the Governor in Council.

(ii) Every order of the Governor in Council under this section shall be final and shall be given effect to by the Superintendent,

6. Every tallyclerk licensed under this Ordinance shall upon request, at any time when he is engaged in tallying cargo for the tallying of which a licence is required under this Ordinance, produce his licence for inspection by any police officer, any officer of the Harbour Department or the Imports and Exports Department, any Sworn Measurer or person authorized in writing by a Sworn Measurer in that behalf, and the officers of any ship or officials of any pier or godown on, in or about which he shall for the time being be so engaged.

3

7. (3) It shall be an offence against this Ordinance, punishable on summary conviction by a fine not exceeding $750, to tally without a licence issued under this Ordinance cargo for the tallying of which a licence is required by the provisions of this Ordinance.

(ii) It shall be an offence against this Ordinance punish- able on summary conviction by a fine not exceeding $1,500 to employ any person not having a licence issued under this Ordinance for the purpose of tallying cargo for the tallying of which such a licence is required by this Ordinance and in proceedings under this sub-section it shall be no defence that the defendant was unaware that the person employed had no such licence.

(i) Every person who contravenes the provisions of Section 6 of this Ordinance shall be liable on summary con- viction to a fine not exceeding $50.

8. The Governor in Council may by Order-

9.

Penalties

Bizapension

and

(a) suspend the speration of this Ordinance during Exemption.

such period as may be specified in such Order,

OF

(6) exempt from the operation of Section 3 or any

of the provisions of Section 7 of this Ordinance

any person or class of persons for any period specified in such Order.

This Ordinance shall come into force on the 1st day Commence- of January, 1947.

Passed the Legislative Council of Hong Kong, this 28th day of November, 1946.

Deputy Clerk of Councils.

THE SCHEDULE

Tallyclerk's Licence

Section 4

Licence No.

(Ordinance No. 39 of 1946).

of

is hereby licensed as a tallyclerk for the purpose of tallying cargo in and out of ships exceeding 60 registered tona subject to the provisions of the above Ordinance until the 31st day of December, 19......

Dated this

PHOTOGRAPH OP

LICENSEE

day of

19......

Superintendent of Imports and Exports.

Fec $5.00.

ment.