216930-1935-Ordinances-passed-and-assented-to--Jury-Amendment-No-21-of-1935-Hawkers-No-22-of-1935 — Page 4

THE HONG KONG GOVERNMENT GAZETTE, APRIL 26, 1935.

(b) "Hawker" means any person who trades in any street or public thoroughfare or goes from place to place, or goes on board any vessel, selling or exposing for sale any goods, wares or merchandise immediately to be delivered, or exposing samples or patterns of any goods, wares or merchandise to be afterwards delivered, or selling or offering for sale his skill in handicraft, except a person selling or seeking orders for goods, wares or merchandise to or from persons who are dealers therein and who buy to sell again.

(c) "Place" includes any house, shop, room, office, boat, vehicle or vessel, or any erection movable or otherwise, or any spot on land or water.

(d) "Licence" means a valid licence of the appropriate class, as hereinafter provided, issued to a hawker by the Council under the hand of the Secretary of the Council in accordance with these by-laws.

3. No person shall carry on the trade of a hawker except under and in accordance with a licence.

4. There shall be five classes of licence for hawkers, the annual fees for which shall be as set forth in the following table, namely:-

Licence

Hawker (stallholder)

do.

(itinerant)

do.

(steamships)

do.

(native craft)

do.

(newspaper)

Fee

$24

$ 4

$24

$ 4

$ 1

5. The forms of such licences shall be respectively those in Forms Appendix. Nos. 1, 2, 3, 4 and 5 in the Appendix to these by-laws.

6. The trade of every licensed hawker shall be strictly limited to the class of his licence.

7. Every licence shall expire on the 30th day of September follow- ing the date on which it is granted.

8. A person requiring a licence or any renewal thereof shall make application to the Secretary of the Council, and shall when making the same

(a) pay to the Secretary the prescribed licence fee, and

(b) furnish such copies of his photograph, not exceeding four, the Council may require.

as

9.-(1) The Council may in its absolute discretion refuse to grant or renew any licence, or may revoke a licence granted

(a) to any person under 21 years of age;

(b) to any person who may be unsuitable to hold such licence; and (c) to any person or in respect of any place, if such refusal or revocation is, in the opinion of the Council, expedient in the public interest.

(2) Upon any breach of any by-law relating to hawkers or of any condition of a licence the Council may in its absolute discretion revoke the licence.

10. If the Council refuses to grant or renew a licence, the licence fee shall be refunded, or, if the Council cancels a licence except on the ground of misconduct, a part of such fee shall be refunded to the applicant or licensee.

The part of the fee so refunded shall bear to the whole fee the same proportion as the unexpired part of the term for which the licence was granted bears to the whole term.

No refund shall be made in respect of any period during which a licence shall have been in force.

Forms 1-5.

537