Sessional_Paper_1940 — Page 52

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Appendix III.

Short title.

Interpreta- tion.

Closing

hours.

Provisions as to trading elsewhere than in

shop.

Power to suspend

operation of

Ordinance

on special occasions.

Offences.

THE SHOPS (HOURS OF CLOSING) ORDINANCE, 1940.

1. This Ordinance may be cited as the Shops (Hours of Closing) Ordinance, 1940.

2. In this Ordinance the expression "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, or premises open for the sale only of medicines, aerated waters, sweets, chocolates or other sugar confectionery or ice cream, tobacco or smokers' requisites.

The expression "retail trade or business" includes the business of a barber or hairdresser, but does not include the sale of petrol or newspapers, or the sale or distribution of milk, or the sale or programmes or refreshments at theatres and places of amusement.

3. Every shop shall, save as otherwise provided in this Ordinance, be closed for the serving of customers not later than eight o'clock in the evening on any day of the week.

4. It shall not be lawful to carry on in any place not being a shop retail trade or business at any time when it 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.

5. The Governor may by notification in the Gazette for such periods as he thinks fit suspend the operation of the provisions of this Ordinance in connexion with Chinese New Year or any other special occasion.

6. In the case of any contravention of or failure to comply with any of the provisions of this Ordinance the occupier of the shop shall be guilty of an offence and liable on summary 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.

Where an offence for which the occupier of a shop 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.