1960-HKRS28-8-27_Part03 — Page 11

Regulations relating to howers.

Power of

authorized public

officers to arrest in

certain cases,

(Cap. 232).

First Schedulc

48

Hawkers.

83. (1) The Authority may make regulations in relation to hawkers prescribing or providing for-

(a) the registration or licensing of hawkers, and fees or charges

in connexion therewith:

(b) the classification of hawkers according to the nature of their

respective trades;

(c) the restriction or prohibition of hawkers carrying on business in any specified place or arca or otherwise than in any specified place or area, and the regulation or control of the manner in which any such business may be conducted: (d) the control (including prohibition) of the hawking of any

specified commodities, skill in handicraft or services; (e) the wearing by hawkers of numbers or insignia;

(f) such other matters as, in the opinion of the Authority, may be necessary for the proper regulation and control of hawkers in the public interest.

(2) Any regulation made under paragraph (c) of subsection (0) relating to the restriction or prohibition of hawkers carrying on business in any specified place or area or otherwise than in any specified place or area may provide that such place or arca be prescribed by the Authority by order published in the Gazette, and may, in addition lo publication in the Gazette, provide for any other means of making known such place or area to the public.

84. (1) Any public officer authorized in writing in that behalf by the Authority may arrest without warrant any person whom he may reasonably suspect of being guilty of any scheduled offence.

(2) If any person forcibly resists the endeavour of any such officer to arrest him or attempts to evade the arrest, such officer may use all means necessary to effect the arrest,

(3) If any such officer who is in pursuit of any person to be arrested has reason to believe that such person has entered into or 2 in any place, the person residing in or in charge of such place shall on demand of such officer allow him free ingress thereto and afford reasonable facilities for search therein.

(4) Save as provided in section 85, any person who is arrested by any such officer shall forthwith be taken to the nearest police station or given into the custody of a police officer, whereupon the provisions of section 47 of the Police Force Ordinance or of sections 46 and 47 of that Ordinance, as the case may be, shall apply.

(5) The Governor in Council may by order amend, or add af! enactment to or delete any enactment from, the First Schedule.

49

In certain

BS. (1) (a) Where he is satisfied as to the identity, name and Procedure in

place of residence (if any) of such person, any public officer lieu of taking

arrested who has arrested any person under the provisions of sub-

Petson lo section (1) of section 84 and any police officer who has police station arrested any person in respect of a scheduled offence may, cases, etc. in lieu of proceeding in the manner provided by subsection (4) of section 84 or by the Police Force Ordinance, as the case (Cap. 232). may be, serve on such person a notice in the form of Form B prescribed in the Seventh Schedule specifying the offence in Seventh respect of which he has been arrested and requiring him to

Schedule. attend at the place, and on the day and at the time, specified in the notice for the purpose of being dealt with in the manner provided in subsections (2), (3) and (4).

(6) Whenever such public or any police officer serves such a notice on any person, be sball, at the same time, prepare a duplicate copy of such notice, which shall be produced to the court if the court so requires.

(c) For the purpose of satisfying himself as to the identity of any person whom he has arrested, any such public officer or police officer may require the person to furnish him with such evidence thereof as he may consider necessary.

(2) When any person attends at the place specified in such a notice in accordance with such notice, the case shall be inquired into—

(a) where such notice was served by a police officer, by a police officer appointed in that behalf by the Commissioner of Police:

(b) where such notice was served by any such public officer, by the Commandant of the Hawker Control Force or a member of that Force authorized in that behalf by the Commandant thereof.

who shall, if he considers it appropriate, charge such person with the offence or offences specified in such notice or with such other scheduled effence or offences as be considers proper or with both the offence or offences specified in such notice and such other scheduled offence or offences as he considers proper.

(3) It such police officer or the Commandant of the Hawker Control Force or such member of that Force, as the case may be, does pot consider it appropriate to charge such person with any such offence, be shall notify such person accordingly and shall discharge him forth- with.

(4) A person who has been charged under the provisions of sub- Section (2) shall thereupon be released and shall appear before the appropriate magistrate's court on the same day.