A Fixed-pitch Hawker Licence authorizes
the licensee to hawk at a fixed pitch. A fixed pitch
means any pitch delineated on the ground in any place
or street for the use of fixed-pitch hawker licensees.
There are seven categories of fixed-pitch hawker licences,
namely :
Bootblack;
Cooked food or light refreshment;
Newspaper;
Tradesman;
Barber;
Wall stall; and
Other classes.
Appointment of
a Deputy
Where a fixed-pitch hawker licensee
leaves or intends to leave Hong Kong, or is incapacitated
by illness for a period of more than 8 days, he/she
may appoint a person eligible to hold a hawker licence
to be his/her deputy during the absence or incapacity.
Any permission granted in respect of the above shall
not, except in very special circumstances, exceed
a period of 6 months.
The deputy is not allowed to hold
another hawker licence or a market stall agreement
with the Department.
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 Fixed-Pitch (Cooked
Food or Light Refreshment) Hawker Licence, only the spouse may apply.
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).
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.
Fixed-Pitch
(Cooked Food or Light Refreshment) Hawker
Licence
A fixed-pitch (cooked food
or light refreshment) hawker licensee (other
than those in a public housing estate) may
surrender his/her licence for cancellation
in exchange for a one-off ex-gratia payment
("EGP") of $60,000. The EGP offer is valid
for five years from 1.12.2002 to 30.11.2007
inclusive. Any licensees who wish to carry
on business after the 5-year time limit may
in normal circumstances continue to have their
licences renewed. However, they would not
be eligible for EGP when they eventually surrender
their licences after the 5-year eligibility
period.
Last
review date: 15-03-2007