Public Markets Regulation
[1 July 1963] L.N. 79 of 1963
(Format changes—E.R. 4 of 2019)
(Repealed 78 of 1999 s. 7)
(Repealed 78 of 1999 s. 7)
In this Regulation, unless the context otherwise requires—
Director (署長) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7) inside service (內部供水系統) has the same meaning assigned to it by the Waterworks Ordinance (Cap. 102); (L.N. 27 of 1987) stall (攤檔) means a stall in a public market.The Director may, from time to time, prescribe by notice conspicuously posted in any public market the hours during which the market shall be open or closed to the public. (10 of 1986 s. 32; 78 of 1999 s. 7)
No person shall, except with lawful authority or excuse, enter or be in a public market at any time when the market is closed to the public.
No person shall carry on any business in a public market unless he—
is the tenant of a stall or the authorized servant or agent of such a tenant;
is the legal personal representative of such a tenant or the authorized servant or agent of such legal personal representative; or
has the permission in writing of the Director. (10 of 1986 s. 32; 78 of 1999 s. 7)
No person shall occupy any stall unless he is the tenant of that stall.
The Director may let any stall to any one person at such rent and subject to such terms and conditions as he may determine.
A person to whom a shop, stall, shed, pen or standing is let under section 6 may appeal to the Municipal Services Appeals Board against any decision of the Director to terminate the lease, licence, permit or to adjust the rent, within 30 days of the notice of termination or adjustment.
Subject to subsection (2), save with the permission in writing of the Director, no person shall add to or alter any stall or install, add to, alter or remove any fixture or fitting of the stall whether belonging to the Government or otherwise.
Where any work that is, or is proposed to be, carried out in a stall affects an inside service of the stall, the provisions of the Waterworks Ordinance (Cap. 102) relating to construction, installation, alteration or removal, as the case may be, of an inside service shall apply.
Where under subsection (1), the Director has permitted any addition or alteration to the stall, or any installation of, addition to, or alteration or removal of, any fixture or fitting—
any electrical, building or gas work that may be necessary for and in connection therewith shall be carried out by the Director of Architectural Services, or under his direction by a contractor approved by him; (L.N. 315 of 1987)
any other work that may be necessary for and in connection therewith, except work referred to in subsection (2), shall be carried out under the direction of the Director of Architectural Services, and completion of work shall be reported to him for the purpose of inspection. (L.N. 315 of 1987)
Where any stall has been altered or added to, or any fixture or fitting of the stall has been installed, added to, altered or removed, without the permission of the Director where such permission is required, the Director of Architectural Services may carry out or cause to be carried out such work as may be necessary to restore the stall to the condition in which it was before the addition or alteration was done, or to restore the fixture or fitting to the condition in which it was before the installation, addition, alteration or removal was carried out, or to remove the fixture or fitting, as the case may be, and may recover the cost of such work from the tenant of that stall. (L.N. 315 of 1987)
Every tenant of a stall shall provide at the stall a refuse bin or receptacle that is adequate to hold the refuse resulting from the conduct of his business and which—
conforms with such requirements and specifications as the Director may from time to time specify; and
is at all times maintained in a good state of repair by the tenant.
Every tenant of a stall shall—
deposit any refuse or waste material emanating from his business in the refuse bin or receptacle required to be provided under subsection (1); and
ensure that all refuse which is accumulated in refuse bins or receptacles provided under subsection (1) is deposited in a public refuse bin or in a refuse disposal vehicle operated by the Director.
For the purposes of this section tenant includes any other person carrying on business in a stall by virtue of section 5(1).
No person shall create any litter, whether offensive or otherwise, in any part of a public market.
Without prejudice to section 7A, no person shall, in a public market, dispose of any refuse except into a refuse bin provided for the purpose. (L.N. 27 of 1987; 78 of 1999 s. 7)
Except with lawful authority or excuse, no person shall, in a public market, so erect any structure, or so place any article or vehicle, as to cause obstruction therein.
No person shall obey the call of nature in a public market, except in a public latrine.
No person shall spit in a public market.
No person shall, in a public market, pluck, scald or dress any poultry or game, except in a place approved for the purpose by the Director.
(Repealed 78 of 1999 s. 7)
Any person who contravenes section 4(2), 5, 7(1), 7A, 8, 9, 10, 11 or 12 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2.
(Repealed 78 of 1999 s. 7)
Where any work for or in connection with an addition or alteration to a stall, or installation, addition to, alteration or removal of any fixture or fitting of the stall, is carried out otherwise than in accordance with section 7(1) and (3), the tenant of such stall shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2. (L.N. 315 of 1987; E.R. 4 of 2019)
(10 of 1986 s. 32; L.N. 315 of 1987; L.N. 177 of 1996; 78 of 1999 s. 7)
Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offences, prosecutions for an offence under this Regulation may be brought in the name of the Director.