1956-HKRS30-8-46_Part01 — Page 46

"T

Insertion

of new by-law.

Amendment

of by-law 69.

Renewal of aurrent leased.

10. The principal by-laws are amended by the insertion after by-law 52 of the following new by-law-

"Seizure of articles deposited.

52A, A Health Inspector may seize as forfeited any food, including the container, or any utensils, vessels or other paraphernalia in the apparent use of hawkers, deposited in the market contrary to by-law 28A, and shall dispose of such articles in accordance with the directions of the Council.'*.

11. By-law 5g of the principal by-laws is amended by the deletion of the symbols "2" to "57" inclusive and the substitution therefor of the following-

**2, 9A, 10, 13, 16, 17, 20, 21, 23 to 51, 56 and 57”.

12. (1) All leases granted under the provisions of the principal by-laws before the coming into force of these by-laws shall become leases from quarter to quarter and be deemed to be granted under the provisions of the principal by-laws as hereby amended as from the signing of a new lease and the payment of a deposit of a sum equal to one third of the rent for a quarter :

Provided that by-law gA and by-law 14 as amended shall apply forthwith to all leases.

(2) Notwithstanding the provisions of paragraph (1) of by- lawg the Council may grant new leases for the purposes of this by-law.

Made by the Urban Council this 20th day of March, 1956.

Secralany-

Explanatory Note.

(This Note is not part of the by-lawa, but is intended to

indicate their general purport, The referencer are to

the principal by-laws which are being amended).

These by-laws vary the manner of granting market stall leases and the conditions attached thereto. The leases are now to run from quarter to quarter instead of month to month, and the tenants are selected luitially by way of auction (by-law 9(1)). The Council is empowered to grant fresh leases, with or without varying the rent, where a leasee wishes to masign his lease or where he dies leaving a widow, joint lessee or de- pendant of near Kinship (by-law 9(2)).

2. Each lesson is now required to deposit one month's rent (by-law 9(3)); and the quarter's cent is required to be paid by the first day instead of within the first two weeks of the quarter (by-law 11(1)). The one month's notice to determine a tenancy wow takes effort at the end of the quarter, and failure to give this notice entails a forfeiture of the deposit (by-law 15). These provisions are lulended to end the losses in rent that have occurred in the past.

3. All leasees carrying on business at a stall are required to be licensed by-law PA), and these licences may be suspended for contraven- tions of the by-laws (by-law 14). Previously a lessee could absent himself for an indefinite perfod provided he notified the Council of the name of the agent laft in charge of the stall. Now delegation of contral for any period beyond one week requires the Council's permission, except for periods of less than one month whose aggregate in any one year does not exceed three months (by-law 17).

4.

It often happens that persons illegally hawking in the market drop their wares on the approach of the police or market officials The new by-law 28A forbida hawkers to deposit articles in the market; and the new by-law 52A empowers health inspectors to seize as forfeited any food, including the container, or any utensils etc. In the apparent use of hawkers which have been deposited in the market. Most of these articles are likely to be of a perishable nature and they are to be disposed of in accordance with the directions of the Council.

(Secretariat 15/3231/48)

1956.

Approved by the Legislative Council, this tith day of April,

COUNCIL CHAMBER,

11th April, 1956.

Deputy Clerk of Councils.