1946-HKRS29-8-13_Part02 — Page 24

Luuiog

Liconcon.

Appeal to Governer

it Council.

inspection

of licence.

4. (1) The Superintendent of Imports and Exports thereinafter called "the Superintendent') shall issue licencea 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 applicant 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 register of litances. issued under the provisions of this Ordidente in which ho shall cause to be entered fall particulars of every licenscé end of the issue and any renewal candellation de pension of every licence.

(iii) The Superintendent shall at the request in writing of u Sworn Measurer cancel or refuse to rere any hoenice and shall at the like request suspend the was for Any period. !! (iv) Licences issued under this Ordination shall be an- nual licences commencing from and renewable apon the let day of January in each year; they shall be in the form in tha Schedule hereto and each applicant for a licence shall supply the Superintendent with two passport size photographs The of himself one of which shall be affixed to the licence. anopal licence fee shall be $5.00.

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

5. (1) Whenever the issue or renewal of a licence under this Ordinance has been refused or a licenec thereunder has been cancelled or suspended any person aggrieved thereby many 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 muay, if be so desires, be present at the bearing 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 bearing 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.

(i) 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. () It shall be an offence against this Ordinance, punishable on summary conviction by a fine not exceeding $760, 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 defener that the defendant was unaware that the person employed had no such licence.

(f) Every person who contravenes the provisions of Section & 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

Sampension

und

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

such period as may be specified in such Order,

DF

(b) 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 sball come into force on the 1st day Commence- of January, 1947.

Passed the Legislative Council of Hong Kong, this 38th day of November, 1946.

Deputy Clerk of Councils.

THE SCHEDULE

Tallyclerk's Licence

Section 4

Licence No.

(Ordinance No. 29 of 1946).

of

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

Dated this

PHOTOGRAPH OP

TJCENSEE

day of

19......

Superintendent of Imports and Exports.

Fec $5.00.

ment.