1960-HKRS28-8-27_Part03 — Page 21

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prescribed therefor, shall not be refused unless notice in writing of intention to refuse the same has been served by the licensing authority upon such holder not less than ninety days preceding the date of expiry of such registration, licence or permit, except where any of the requirements, conditions or restrictions to which such registration, licence or permit was subject has been contravened within the period of ninety days immediately preceding such date of expiry, in which case no such notice shall be required:

(i) no registration, licence or permit shall be suspended or cancelled for any cause other than the contravention of any of the provisions of this Ordinance or of any requirement, condition or restriction to which such registration, licence of permit was subject;

(iii) where application for renewal of any registration, licence or permit is not made or any fee or charge prescribed in respect thereof is not paid on or before the date of expiry thereof, renewal of the same may be refused without notice. (2) Save where the licensing authority thinks fit, no registration, licence or permit shall be made or granted in the name of more than one person:

Provided that nothing in this subsection shall be construed to prevent the making of any registration or the granting of any licence or permit in the name of a corporation,

(3) Subject to the provisions of any regulations made under this Ordinance, every registration, licence or permit shall be transferable.

(4) On any transfer of a registration, licence or permit under the provisions of subsection (3), the person to whom the transfer is made shall, within seven days after the transfer is effected, deliver to the licensing authority a notice, in such form (if any) as may be prescribed by the licensing authority signed by the transferor or by some person authorized in writing in that behalf by him and signed by the person to whom the transfer was made or by some person authorized in writing in that behalf by him.

(5) If any person fails to give notice of the transfer of any registration, licence or permit as required by subsection (4)—

(a) such person shall be guilty of an offence; and

(b) the licensing authority may, without notice, cancel such regis-

tration, licence or permit.

(6) Where any person who is registered, or who is the grantes of any licence or permit issued, under the provisions of this Ordinance absents himself from the Colony for a period exceeding thirty days without giving notice in writing to the licensing authority, or, in the

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opinion of the licensing authority, is not, or has ceased to be, ordinarily resident in the Colony, the licensing authority may, without notice, cancel such registration, licence or permit, and, in the case of a corpora- tion which is registered under the Companies Ordinance, the licensing (Cap. 32). authority may also cancel such registration, licence or permit if the corporation has ceased to be so registered.

(7) Where any person who is registered, or who is the grantee of any licence or permit issued, under the provisions of this Ordinance intends to absent himself from the Colony for a longer period than thirty days, the licensing authority may require him to appoint a delegate for such period not exceeding six months as the licensing authority may consider reasonable, and such delegate shall, during that period, be deemed for all purposes under this Ordinance to be the person in whose name such registration was made or to whom such licence or permit was granted, and failure to appoint such delegate if so required under this subsection shall be a ground for cancellation of such registration, licence or permit.

(8) Where any registration, licence or permit is cancelled or suspended, or any application for the grant or renewal thereof is refused, by the licensing authority, the licensing authority shall forth- with serve a notice in writing upon the holder thereof or applicant therefor, as the case may be, declaring its decision.

(9) (a) If any person is dissatisfied with any decision referred to in subsection (8), he may, within seven days after the service upon him of the notice declaring the same, apply in writing to the licensing authority for review, and the liccasing authority may before determining the application—

() cause such investigation to be made as may in the circumstances appear to be necessary; and

(ii) if it thinks fit, appoint a place, time and day for hearing the application.

(b) The applicant may, if he so desires, be present at the hearing (if any) of an application under this subsection and be heard in its support either in person or by his representative:

Provided that, if he elects to be heard by his represent- ative, he shall not himself be heard except by leave of the licensing authority.

(c) On determining the application, the licensing authority may confirm, vary, suspend or cancel the decision in question, or may extend any time specified for compliance with the require- ments of any notice issued, or order made, by it under any of the provisions of this Ordinance relevant to such decision, (d) Fending the determination of any application made under this subsection or any appeal under subsection (10), the licensing