1961-HKRS30-8-52_Part05 — Page 14

Authenticated Laws 確真本香港法例 All

Sales to be by way of auction.

Reserved

prices in auctions.

Cancellation of sales.

Commission for mates.

Method of payment

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(2) A badge of identity shall not be transferable and po person who has been issued with a badge of identity shall permit or suffer it to be carried or used by any other person in a market;

Provided that--

(a) a registered buyer may permit or suffer a badge of identity issued to him to be carried and used in a market by his nomines buyers; and

(b) a corporation that is a registered buyer may permit or suffer a badge of identity issued to it to be carried and used in a market by its authorized representatives.

(3) A badge of identity issued to a registered buyer shall not be carried or used in a market by any person other than a registered bayer. or the nominee buyer of such registered buyer, or the authorized repre- sentative of a corporation that is a registered buyer.

PART V.

METHOD OF SALES AND PAYMENT.

18. All sales of marine fish at a market shall be by way of auction, except where an alternative method of sale is authorized by the manager with the approval of the Organization.

19. (1) If, before the bidding has commenced for any marine fish at an auction in a market, the seller or his agent informs the auctioneer and all other persons present at that time, he may place a reserve price on any marine fish to be sold,

(2) When a reserve price has been placed in accordance with paragraph (1) and in the bidding the reserve price is not reached, the auctioneer shall declare the fish not to be sold.

20. The manager may, with the approval of the Organization. cancel any sale of marine fish made at a market.

21. (1) There shall be payable to the Organization, for the services provided in respect of sales at a market, a commission at the rate of six per cent of the purchase price of any marine fish.

(2) The commission may be deducted from the purchase price by the manager before payment is made to the seller.

22. (1) All payments for the purchase of marine fish at a market shall be made to the manager, who shall be responsible for payment to the seller.

(2) The manager may allow a registered buyer or a nominee buyer to make purchases on credit, subject to such terms and conditions as shall have been approved by the Organization.

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(3) The manager may accept cash deposits from any registered buyer of nominee buyer for future purchases at a market.

PART VI.

APPEAL TO THE ORGANIZATION,

23. (1) If any person is dissatisfied with any decision of the Appeal to the manager, acting in the exercise of his discretion under any of the follow. Organization, ing provisions—

(a) paragraph (1) of by-law 8;

(b) by-law 10:

(c) paragraph (3) of by-law 12;

(d) paragraph (2) of by-law 13; or

(e) by-law 15,

he may apply in writing to the Organization appealing against such decision and stating the grounds for his dissatisfaction.

(3) On receipt of an application under paragraph (1), the Organiza- tion shall cause such investigation to be made as may appear to be necessary in the circumstances, and if it thinks fir, appoint a place, time and day for bearing the application.

(3) The applicant may, if he so desires, be present at the hearing (if any) of an application under this by-law and be beard in its support either in person or by his representative.

(4) On determining the application, the Organization may confirm, vary, suspend or cancel the decision in question.

(5) If any person is dissatisfied with the determination of the Organization under this by-law, he may within fourteen days after notification by the Organization of its determination appeal to the Governor in Council by way of petition, and the decision of the Governor in Council shall be final.

PART VII.

OFFENCES AND PENALTIES.

24. Any person who-

(a) contravenes paragraph (2) of by-law 8, by-law 9, or paragraph

(2) or (3) of by-law 17;

(6) refuses to leave a market when ordered to do so by the

manager under paragraph (1) of by-law 8;

(c) being the owner or person in charge of a vessel or vehicle. refuses to move such vessel or vehicle when required to do so by the manager under by-law 10;

Olences and penalties.

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