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3. No buildings shall be erected or maintained in any market except stalls and quarters for market officers, police and porters. Such buildings shail be of stone, brick or other approved impervious material.
4. The stalls in any market building shall be constructed of approved materials and according to approved designs.
5. No alteration in or addition to any market building or any fittings thereof shall be made or commenced except with the sanction in writing of the Urban Council.
6. All market buildings shall be let by the Urban Council in such manner and on such conditions as shall be approved by the Governor- in-Council. Until such conditions and manner of letting shall be so established they shall be as follows:-
(1) They shall be let without fine or premium, either from month to month, or for a term of one year or more, for the highest rent ob- tainable, such rent to be ascertained by sealed tenders. In case of equal tenders the tenant in possession, if any, shall have the preference.
(2) If the letting is from month to month, a monthly notice of its discontinuance shall be given either by the Urban Council or the Jessee as the case may be.
(3) If the letting is for a year or more no notice of the expiration of the term shall be necessary.
(4) No market building shall be let for more than three years except at a nigher rent than can be obtained for a three years' lease, nor for any term exceeding a five years lease, without the approval of the Governor.
(5) All rents of market buildings shall be paid to the Colonial Treasurer in advance within the first seven days of each month.
(6) The Governor may order the forfeiture of any lease of a market building if it is proved to his satisfaction that the lessee has used such market building for any other purpose than those pertaining to the business of a market, or if such lessee has been convicted of a contravention of any regulation for the regulation or sanitary main- tenance of markets.
7. In the event of a market being leased the lessee shall take all reasonable measures to secure the observance of all by-laws relating to markets. He shall employ a sufficient number of persons to wash and keep the market clean to the satisfaction of the Board and shall be responsible for all damage to or loss of any property.
8. No lessee of any market building shall sub-let, or assign the same or any part thereof without the written permission of the Board nor shall he transfer his lease to any other person. Never- theless the business of any lessee may be carried on, in case of his death or absence, by his executor, administrators or agents until the expiration of his lease.
9. Whenever the lessee of any market building fails to comply with any conditions of his holding or grant as to the execution of any repairs to such market building or other works in connection with the same, the Director of Public Works, may summon such lessee before a magistrate, who may summarily order him to execute such repairs or other works within a reasonable time to be specified in such order. Any failure to carry out the terms of such order shall be deemed an offence against this Ordinance.
10. Except by this Ordinance provided no person shall within the City of Victoria or the Harbour. or in Kowloon or New Kowloon, or in Shaukiwan, Quarry Bay, Wong Nei Chung. Tai Hang or Whitfield or in such other places as shall be named in any Government Notification, sell or expose for sale in any place not being a public market within the meaning of the Ordinance any articles of food for man usually sold or exposed for sale in a public market. Provided always that the Council may grant licences for the sale of articles of food for man elsewhere than in the public market to such persons for such consideration and for such period as the Food Authority
shall think fit,
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11.-(1) No person shall within the Hill District that is to say any part of the Island of Hong Kong above the 700-feet contour-
(a) keep any shop for the sale of any article of food; or (b) expose or offer with a view for sale any article of food; or (c) warehouse or store any article of food intended for sale; or (d) knowingly permit any premises, owned or occupied by him, or otherwise under his management or control, to be used as a shop for the sale of any article of food or for the purpose of warehousing or storing any article of food intended for sale; or
(e) have in his possession or control any article of food with a view to the sale thereof or knowing that the same is in- tended for sale.
Except with a licence from the Urban Council and in accordance with the terms of such licence.
(2) It shall be lawful for the Council to prescribe in the case of any such licence any terms which may to the Council seem desirable.
(3) This by-law shall not apply to the following:-
(d) the sale of food by the keepers of hotels and boarding houses
to guests and visitors;
(b) the sale of green vegetables, fruit, confectionery, bean curd,
congee, soup or other prepared food by licensed hawkers; (c) public sales by licensed auctioneers provided that in any sale of intoxicating liquor the provisions of the Liquors Ordin- ance 1931 are complied with;
(d) the sale of eggs.
(4) In this by-law 'shop' includes every place where any article
18 sold, ordinarily from time to time.
12. Except as provided by these by-laws, no person shall demand or receive any money or other valuable consideration as a fee, fine, toll, rent or otherwise for access or admission to, or for selling, or buying in any market.
13. The Council shall from time to time fix the hours during which each market shall be open to the public. The hours during which any market is open to the public shall be posted on & board placed in a conspicuous position at such market. At least one month's previous notice in writing shall be given to each stall-holder of any alteration in the hours during which any market is open to the public.
14. No person shall make use of any avenue or thoroughfare of any market for the conveyance of merchandise not intended for sale or exposure for sale in such market.
15. No person shall sell, offer or expose for sale any article in any part of the market other than the part thereof which is appro- priated for the sale of such article.
16. No person shall hawk or cry any article whatever for sale in any market.
17. No person shall in any market beg or apply for alms or expose or exhibit any sores, wounds or bodily ailments or deformity, nor shall any person so afflicted or any leper engage or assist in any business therein
18. No person shall commit a nuisance in any part of any market.
19. No person shall spit in any part of any market.
20. No person other than such caretakers and officers as the
Board shall decide shall sleep in any market,
21. No person shall wash or bathe in any fish tank or in any receptacle which is used for the storage of food.
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