### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

83B. Commissioner for Transport may set aside streets for hawking purposes
(1) No person shall hawk in any street except in accordance with a licence issued under regulations made under section 83A. (Replaced 28 of 1973 s. 2)
(2) (Repealed 28 of 1973 s. 2)(3) Any person who contravenes subsection (1) shall be guilty of an offence. (Amended 28 of 1973 s. 2)
(4) The Commissioner for Transport may from time to time, after consultation with the Authority and the Commissioner of Police, declare in writing that the whole or any part of a street may be set aside to be used for hawking purposes, and shall give notice of any such declaration—
(a) by publishing it in one issue of the Gazette;
(b) by publishing it in 3 consecutive issues of at least one English language newspaper and one Chinese language newspaper;
(c) by causing copies of it to be exhibited in one or more conspicuous places in or in the immediate vicinity of the street.
(5) On the requirements of subsection (4) being satisfied—
(a) the Authority may allocate pitches in the street to hawkers (other than itinerant hawkers) licensed under regulations made pursuant to section 83A, subject to such conditions as may be specified by the Authority;
(b) the Commissioner for Transport may, if he thinks necessary, by further notice in the Gazette, order that—
(i) the street be closed to vehicular traffic; or
(ii) the street be closed to vehicular traffic travelling in such direction as he specifies in the notice,

either at all times or at such times as he specifies in the notice.
(6) On making an order under subsection (5)(b), the Commissioner for Transport shall cause to be erected pursuant to the Road Traffic Ordinance (Cap. 374) at each entrance to the street appropriate signs indicating the closure in accordance with the order.
(7) No action shall lie against the Government, the Commissioner for Transport, the Authority, or any public officer by reason only of the exercise of the powers conferred by this section. (Amended 59 of 2000 s. 3)
(8) Where under subsection (4) only part of a street is set aside, every reference in this section to the street (街道) shall be construed as meaning the part of the street so set aside.
(Added 60 of 1972 s. 3)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

84. Power of authorized public officers to arrest in certain cases
(1) Any public officer authorized in writing in that behalf by the Authority may arrest without warrant any person whom he may reasonably suspect of being guilty of any scheduled offence.
(2) If any person forcibly resists the endeavour of any such officer to arrest him or attempts to evade the arrest, such officer may use all means necessary to effect the arrest.
(3) If any such officer who is in pursuit of any person to be arrested has reason to believe that such person has entered into or is in any place, the person residing in or in charge of such place shall on demand of such officer allow him free ingress thereto and afford reasonable facilities for search therein for such person.
(4) The Chief Executive in Council may by order amend, or add any enactment to or delete any enactment from, the First Schedule. (Amended 59 of 2000 s. 3)
(Amended 32 of 1963 s. 4)

85. Procedure for dealing with arrested person, etc.
(1) Any person (hereinafter referred to as an arrested person) who is arrested under section 84(1) by a public officer shall forthwith be taken to the nearest police station or given into the custody of a police officer. (Amended 77 of 1979 s. 2)
(2) Whenever an arrested person is brought to the police station the provisions of section 52 of the Police Force Ordinance (Cap. 232) shall apply.
(3) (Repealed 77 of 1979 s. 2)(4) Whenever an arrested person is given into the custody of a police officer, the provisions of sections 51 and 52 of the Police Force Ordinance (Cap. 232) shall apply.
(Replaced 32 of 1963 s. 5)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

86. Seizure of hawker equipment and commodities from alleged offenders
(1) A public officer authorized in writing by the Authority for the purposes of this section or a police officer may seize any equipment or commodity in respect of which he has reason to believe that a hawker offence has been committed, and may cause such equipment or commodity to be removed to and kept at the risk of its owner at a Government depot or police station, or any other place approved by the Authority, pending its disposal under this Part. (Amended 28 of 1973 s. 3)
(2) Any commodity of a perishable nature seized under subsection (1) may immediately be disposed of by the Commissioner of Police or the Authority, as the case may be.
(3) Where any equipment or commodity has been seized under subsection (1) and a claim is made in respect of the equipment or commodity within 48 hours after the date of the seizure, the Commissioner of Police or the Authority, as the case may be, unless an information is laid within 72 hours after the date of the seizure for a hawker offence in respect of the equipment or commodity, shall, if satisfied that the claimant was entitled to the possession of the equipment or commodity at the time of the seizure—
(a) return the equipment or commodity to the claimant; or
(b) in the case of a perishable commodity disposed of under subsection (2), assess its value and pay to him the amount of that value.
(4) Where a claim under subsection (3) is refused, the claimant shall be informed of his rights under section 86C.
(5) Where an information is laid within 72 hours after the date of seizure for an offence in respect of any equipment or commodity seized under subsection (1), the equipment or commodity, or, in the case of a perishable commodity that has been disposed of under subsection (2) by way of sale, the proceeds of sale, shall be retained pending disposal under section 86A.
(Replaced 60 of 1972 s. 4)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

86A. Forfeiture of hawker equipment and commodities by the court
(1) Where any person is convicted of a hawker offence in respect of any equipment or commodity seized under section 86(1), the informant shall inform the court of the seizure and thereupon the court shall, in addition to any other penalty—
(a) order the forfeiture of the equipment or commodity, or, in the case of a perishable commodity disposed of under section 86(2) by way of sale, the proceeds of sale, if the offence is one designated for the purposes of this subsection by regulations made under section 83A; or (Amended L.N. 244 of 1972)
(b) unless it finds and specifies special reasons, which reasons shall be special to the facts of the case and not special to the offender as distinct from the offence, shall, in the case of any other hawker offence, make such an order.
(2) Where—
(a) a person is charged with a hawker offence in respect of any equipment or commodity seized under section 86(1) is acquitted; or
(b) on the hearing of any such charge the court finds special reasons under subsection (1)(b) of this section,
the court shall, if it is satisfied that the person was lawfully entitled to possession of the equipment or commodity at the time of the seizure, order that it be returned to him or, in the case of a perishable commodity disposed of under section 86(2), assess the value of the commodity and order that the amount of that value be paid to him.
(3) If the court is not so satisfied, it may, on the application of any other person claiming to be entitled to the equipment or commodity or of its own motion, make such other order as it thinks fit disposing of the equipment or commodity, or, in the case of a perishable commodity disposed of by way of sale, the proceeds of sale.
(Added 60 of 1972 s. 4)