Market rules,
Seizure and
articles, etc. in markets.
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(b) the control (including prohibition) of the kinds or classes of commodities which may be sold, offered or exposed for sale. and of the kinds of business or occupation for gain which may be carried on, in any market;
(c) the proper management and sanitary maintenance of markets. including the manner of sale, or exposure for sale in Of the transport in, to or from, any market of any kind of commodity;
(c) the prohibition of persons convicted of such offences as may be specified in any such regulation from carrying on any business, or being employed in or taking part in any business, in any market;
(e) such other matters as, in the opinion of the Authority, are necessary for the proper regulation and control of such markels in the public interest.
(2) The Authority may make regulations in relation to private markets prescribing or providing for-
(a) the licensing or registration of the operation of any such
market, and fees or charges in connexion therewith:
(8) the management of any such market and the control and appropriation of the funds derived from or in connexion with any such market;
(c) the type and construction of any shop, stall, shed, pen of
standing in any such market.
81. (1) The Director of Urban Services, or such other public officer as the Governor may authorize by notice published in the Gazette, may in relation to any market make rules for the better control, direction and information of persons using or resorting to such market:
Provided that such rules shall not be inconsistent with any of the provisions of this Ordinance or of any regulations made under the provisions of section 80.
(2) Any person who fails to comply with any rule made under the provisions of this section shall be guilty of an offence.
82. (1) Without prejudice to the provisions of section 59, where forfeiture of in any market it appears to any police officer or to any public officer authorized in that behalf by the Authority that any of the provisions of any regulation made under section 80 or any of the provisions of the New Territories Rules relating to markets have been contravened in respect of any article or thing sold in such market or any furniture or paraphernalia used in such market, such police officer or such public
(Vol. IX, P. $9).
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officer may seize, carry away and detain at the owner's risk such article or thing or such furniture or paraphernalia, whether or not the owner thereof is known or can be found
Provided that, in the case of any such article or thing which is perishable, the Commissioner of Police or the Authority, as the case may be, may cause the same to be sold or otherwise disposed of forthwith.
(2) Where any article or thing or any furniture or paraphernalia is seized under the provisions of subsection (1), a notice, written in the Chinese language, declaring the seizure shall bo posted in a conspicuous place in the market.
(3) If, within forty eight hours of the posting of such notice, the owner of such article, thing, furniture or paraphernalia makes a claim to the Authority for its return, the Authority shall, if it is satisfied that the claimant is the owner thereof and if the same is not detained or otherwise dealt with under the provisions of any other enactment or required as an exhibit in any proceedings, return such article, thing. furniture or paraphernalia to the claimant or, if it has been sold or otherwise disposed of under the provisions of the proviso to sub- section (1), pay to the daimant such sum by way of compensation as it may consider just.
(4) If no claim for the return of such article, thing, furniture or paraphernalia is made to the Authority within forty eight hours of the posting of such notice, such article, thing, furniture or paraphernalia shall become the property of the Crown and may be sold or otherwise disposed of in such manner as the Commissioner of Police or the Authority, as the case may be, shall direct:
Provided that-
(a) nothing in this subsection shall be construed to prevent the immediate disposal of perishables under the provisions of the proviso to subsection (1); and
(b) any person who considers himself aggrieved by such seizure may, within seven days thereafter, complain to the court, and the court shall, if satisfied-
(i) as to the title of the complainant; and
(ii) that no such contravention occurred in respect of the article, thing, furniture or paraphernalia in respect of which the complaint is made, direct either that the same be returned to the complainant or, if it has been sold or otherwise dis- posed of, that such sum by way of compensation be paid to the complainant as it may consider just.
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