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

78. Power to seize and dispose of unfit carcasses of slaughtered animals
(1) The Authority may seize, and dispose of in such manner as it may think fit, the carcass, or any part of the carcass, of any animals received into a public slaughterhouse for the purpose of slaughter for food for human consumption which on examination is found to be diseased or unfit for human consumption, and no compensation shall be payable to the owner of such carcass or any such part of any such carcass.
(2) Where, in pursuance of the provisions of subsection (1), any carcass or any part of any carcass is seized by the Authority, the Authority shall, before the same is disposed of, cause to be recorded—
(a) such description or other particulars as will suffice to identify such carcass or such part of such carcass; and
(b) the grounds upon which the seizure was effected.
(3) If any person considers himself aggrieved by the seizure of any carcass or any part of any carcass under the provisions of subsection (1), he may, within 72 hours after such seizure was effected, complain to the court and the court may confirm or disallow the seizure, either wholly or in part, and shall, in the case of any seizure disallowed, or disallowed in part, order the Authority to restore the carcass, or part of the carcass, which has been seized, either as to the whole or as to such part in respect of which the seizure was disallowed, or, if the carcass or the part of the carcass in question has been disposed of or is no longer fit for human consumption, as the case may be, or is depreciated in value by reason of the seizure, order the Authority to pay by way of compensation such sum of money, not exceeding the market value of such carcass or such part of the carcass or the time of the seizure, as the court may, having regard to the circumstances, consider just.

79. Markets to which Ordinance applies, etc.
(1) This Ordinance shall apply to every market, being a market in which food is sold, which is declared by the Authority to be a market to which the Ordinance applies.
(2) (Repealed 78 of 1999 s. 7)(3) The Authority may, by order published in the Gazette, designate as a public market any market to which the Ordinance applies.
(4) The markets specified in the Tenth Schedule shall be deemed to have been designated as public markets.
(5) The Authority may, by order published in the Gazette, amend, add to, or delete from, the Tenth Schedule.
(Amended 21 of 1973 s. 5; 9 of 1976 s. 8)

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

79A. Management of public markets
The management and control of every public market shall be vested in the Authority.
(Added 21 of 1973 s. 6)

80. Regulations in relation to markets
(1) The Authority may make regulations in relation to public markets and private markets prescribing or providing for—
(a) the grant by lease, licence or permit to any person, or any group or class of persons, of the right to possess or to use shops, stalls, sheds, pens or standings therein;
(aa) an appeal to the Municipal Services Appeals Board against a decision to terminate a grant, lease, permit, or decision to adjust the rent of a shop, stall, shed, pen or standing referred to in paragraph (a); (Added 78 of 1999 s. 7)
(b) the control (including prohibition) of the kinds or classes of commodities which may be sold, offered or exposed for sale, and of the kinds of business or occupation for gain which may be carried on, in any market;
(c) the proper management and sanitary maintenance of markets, including the manner of sale, or exposure for sale in, or the transport in, to or from, any market of any kind of commodity;
(d) the prohibition of persons convicted of such offences as may be specified in any such regulation from carrying on any business, or being employed in or taking part in any business, in any market;
(e) such other matters as, in the opinion of the Authority, are necessary for the proper regulation and control of such markets in the public interest.
(2) The Authority may make regulations in relation to private markets prescribing or providing for—
(a) the licensing or registration of the operation of any such market; (Amended 49 of 1994 s. 16)
(b) the management of any such market and the control and appropriation of the funds derived from or in connection with any such market;
(c) the type and construction of any shop, stall, shed, pen or standing in any such market.

81. Market rules
(1) The Authority may, in relation to a market, make rules which are not inconsistent with regulations made under section 80 to provide for the better control of persons in connection with the use of the market and to provide information relating to the use of the market. (Replaced 78 of 1999 s. 7)
(2) Any person who fails to comply with any rule made under the provisions of this section shall be guilty of an offence.

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

83. Interpretation for the purposes of sections 83A to 86D
For the purposes of sections 83A to 86D—
commodity (商品) means any goods, wares, or merchandise (including food and drink); and includes any sample of any such goods, wares, or merchandise;
equipment (設備) includes any stall, table, stool, chair, utensil, container, bin, or other furniture or paraphernalia used in connection with hawking; but does not include any commodity sold, or offered or exposed for sale, by a hawker;
hawker offence (小販罪行) means an offence against section 83B or against any regulations made under section 83A;
stall (攤檔) includes any erection, structure, box, cart, barrow, trolley, bicycle, tricycle, van or other vehicle within the meaning of the Road Traffic Ordinance (Cap. 374). (Amended 10 of 1995 s. 2)
(Replaced 60 of 1972 s. 2)

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

83A. Regulations relating to hawkers
(1) The Authority may make regulations for all or any of the following purposes—
(a) providing for the licensing of hawkers;
(b) providing for the classification of hawkers;
(c) restricting or prohibiting hawkers from carrying on business in any special place or area or otherwise than in any specified place or area;
(d) regulating or prohibiting the hawking of any specified commodities or services;
(e) prescribing conditions subject to which licensed hawkers may operate;
(f) providing for the employment by licensed hawkers of deputies and assistants;
(g) providing for the allocation of pitches to licensed hawkers, and for the erection by any such hawkers of stalls thereon, subject to such conditions as the Authority may specify (either generally or in any specific case);
(h) providing for the removal of hawkers and their equipment and commodities;
(i) providing for the court, on convicting a hawker of a hawker offence, to recommend to the Authority that the licence (if any) of the hawker be cancelled or suspended;
(j) (Repealed 49 of 1994 s. 18)(k) providing for such other matters as may be necessary for the proper regulation and control of hawkers.
(2) Regulations made under subsection (1)(c) may—
(a) provide that the places or areas to which the restrictions or prohibitions apply may be specified by a specified public officer by order published in the Gazette; and
(b) provide for other means (in addition to publication in the Gazette) for making those places or areas known to the public. (Replaced 78 of 1999 s. 7)
(Added 60 of 1972 s. 2)