||Title:||Hawker Regulation||Gazette Number:||E.R. 1 of 2013|
|Section:||34||Heading:||Director may require allocated pitch to be vacated either permanently or temporarily||Version Date:||25/04/2013|
(1) Where the Director serves on a licensee to whom a fixed pitch has been allocated under section 33 a notice ordering him to vacate the pitch, he shall comply with the notice within such period as may be specified in it, being a period not less than 15 days from the date of service.
(2) At the expiry of the period specified in the notice, the pitch shall, unless the Director otherwise directs, cease to be allocated to the licensee.
(3) If the Director orders a licensee who is the holder of a fixed-pitch hawker licence which authorizes him to deal in drink or cooked food to vacate his pitch permanently, the Director shall allocate to him another fixed pitch in accordance with section 33.
(4) Without prejudice to subsection (1), if street cleaning, street repairs, or scavenging is required to be carried out, or a natural disaster, fire, accident, riot, disturbance, or other emergency occurs, at or in the vicinity of a fixed pitch, and-
(a) any public officer authorized by the Director; (78 of 1999 s. 7)
considers that, to enable the cleaning, repairs, or scavenging to take place or, as the case may be, in the interests of the safety of the licensee or any member of the public, it is necessary for the pitch to be vacated, he may, either by written or verbal notice, direct the licensee to vacate the pitch temporarily from such time and for such period as he may specify; and the licensee shall comply with that direction from that time and for that period.
(b) (Repealed 77 of 1979 s. 4)
(c) a police officer; or
(d) if the pitch is within a Housing Authority estate, an officer of the Housing Department, (23 of 1973 s. 36)
(5) Where any licensee fails to comply with any notice or direction served on or given to him under this section within the period specified in the notice or direction, the Director, or any officer acting under the authority of the Director, may remove all equipment, commodities, and other items left on the pitch; and, without prejudice to the liability of the licensee to any penalty or forfeiture under this Regulation or under the Ordinance, the Director may recover the cost of removal from the licensee in like manner as a debt due to the Government.
(78 of 1999 s. 7)