Employment of Assistants
A fixed-pitch hawker licensee may employ such number of assistants as he/she thinks necessary for the purpose of enabling him/her to carry on his business, but no such assistant shall engage in hawking during the absence (other than absence for reasonable cause, such as taking a meal, replenishing stock for the business, or taking a short rest when being sick, etc.) of the licensee from the pitch. He/She shall obtain consent of the Director for employing a person as an assistant in his/her pitch.
Registration of an assistant carries no rights or privileges and serves only to record and identify the assistant.
"Succession" and "Transfer"
The Authority may allow a fresh hawker licence to be issued to an applicant who meets the definition of "immediate family members" (i.e. parent, spouse, son or daughter) upon the death of a fixed-pitch hawker licensee, surrender or other cancellation, and subject to his/her being able to comply with other stipulated requirements.
For "succession" to or "transfer" of a on-street Fixed-Pitch (Cooked Food or Light Refreshment) Hawker Licence, only the spouse may apply in normal circumstances. However, the authority may consider relaxing these "succession" and "transfer" requirements if there is individual merit justifying that the licence can be succeeded by or transferred to the licensee's "immediate family members" other than the spouse, or the issue of new licences to other interested parties, provided that the relevant district councils' support has been gained.
The Department considers "succession" case only if the application is made within one year of the death of the licensee. For "transfer" case, the licensee should surrender his/her licence voluntarily for cancellation on grounds acceptable to the Department (e.g. poor health or old age). For application for "succession" case, the Department will take all relevant factors into consideration before making a decision, including but not limited to the followings:
- whether the applicant had worked with the late licensee and for how long at the hawker stall
- the relationship between the applicant and the late licensee
- whether there are other eligible successors or potential applicants for succession
If an application for succession is refused by the Department, the applicant may appeal to the Licensing Appeals Board against the Department’s decision under Section 125(9) of the Public Health and Municipal Services Ordinance, Cap 132. After hearing, the Secretary to the Licensing Appeals Board will convey the decision of the Board and the reasons for the decision to the parties to the appeal.
All newly issued bootblack hawker licences in 2009 and all new hawker licences issued on or after 21 May 2010, including those issued on account of "succession" to or "transfer" of licence, should not be allowed for further succession or transfer.
Before submission of application for succession or transfer, please read ‘Notice to Applicant’ and ‘Workflow on application for succession or transfer’.
Non-operation or Non-personal Operation
If the Director is satisfied that a licensee is not operating his/her fixed pitch, or not operating it personally in accordance with section 38 of the Hawker Regulation (Cap.132, sub.leg.), the licence may be cancelled for non-operation or non-personal operation.
The aforesaid section states that when the business of a licensee to whom a fixed pitch has been allocated is being carried on, the licensee shall be personally present at the fixed pitch to conduct or superintend business, unless absent for some reasonable cause.