197
A BILL
INTITULED
[No. 5-27.2.40.-1]
An Ordinance to regulate the closing hours of retail shops.
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Shops (Hours Short title. of Closing) Ordinance, 1940.
2. In this Ordinance---
Interpreta- tion.
cf. 2 Geo. 5, c. 3, s. 19,
and 18 and or 19 Geo. 5,
"shop" includes any premises where any retail trade or business is carried on, but does not include clubs, hotels, public houses, restaurants, eating houses, tea-rooms premises open for the sale only of medicines, aerated waters, c. 33, ss. 2 sweets, chocolates or other sugar confectionery or ice cream, tobacco or smokers requisites;
includes the business of a
"retail trade or business barber or hairdresser, but does not include the sale of petrol or newspapers or the sale or distribution of milk, or the sale of programmes or refreshments at theatres and places of
amusements.
and 3.
hours.
3. Every shop shall, save as otherwise provided in this Closing Ordinance, be closed for the serving of customers not later than eight o'clock in the evening on any day of the week.
ef. 2 Geo. 5, c. 3, s. 4 (1).
elsewhere
than in
shops.
4. It shall not be lawful to carry on in any place not Provisions being a shop retail trade or business at any time when it as to trading would be unlawful to keep a shop open for the purposes of such retail trade or business, and, if any person carries on any trade or business in contravention of this section, this Ordinance shall apply as if he were the occupier of a shop and the shop were being kept open in contravention of this Ordinance.
f. 2 Geo. 5,
c. 3, s. 9.
operation of
5. The Governor may by order, signified by notification Power to in the Gazette under the hand of the Colonial Secretary, suspend suspend the operation of the provisions of this Ordinance in ordinance connexion with the Chinese New Year or any other special occasion.
6.--(1) In the case of any contravention of, or failure to comply with, the provisions of this Ordinance, the occupier of the shop shall be guilty of an offence and liable on sum- mary conviction to a fine not exceeding (a) in the case of a first offence, fifty dollars, (b) in the case of a second or subsequent offence, five hundred dollars.
on special occasions
rt. 18 and 19 Geo. 5. c. 33, s. 7.
Offences, cf. 2 Geo. 5,
c. 3, s. 1 (4).
c. 3, s. 14
(2).
(2) Where the offence, for which the occupier of a shop 2 Geo. 5, is liable under this Ordinance, has, in fact, been committed by some manager, agent, servant or other person, the manager, agent, servant or other person shall be liable to the like penalty as if he were the occupier.
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