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:
- Cooked food or light refreshment;
- 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.
A fixed-pitch hawker licensee may employ one or more than one (based on individual case) assistant(s) 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.
If a fixed-pitch hawker licensee dies or surrenders his/her licence, or if a licence is cancelled for other reasons, any person who meets the definition of “immediate family members” (i.e. parent, spouse, son or daughter) of the licensee may apply for “succession” to or “transfer” of the licence in question. The Authority may allow a fresh hawker licence to be issued to the applicant, subject to his/her compliance with the other stipulated requirements.
Under normal circumstances, application for “succession” to or “transfer” of an on-street Fixed-Pitch (Cooked Food or Light Refreshment) Hawker Licence can only be made by the spouse of the licensee. However, based on individual merits of each case and support from the relevant district council, the Authority may consider relaxing the succession and transfer arrangements to allow application by the licensee's immediate family members other than the spouse, or to issue new licences to other interested parties.
For “transfer” case, the licensee should surrender the licence voluntarily for cancellation on grounds acceptable to the Department (e.g. poor health or old age).
For “succession” case, the application should be made within one year of the death of the licensee. The Department will take all relevant factors into consideration before making a decision, including but not limited to:
whether the applicant had worked with the late licensee, and the duration they had worked together at the hawker stall;
- the relationship between the applicant and the late licensee;
- whether there are other eligible successors or potential applicants for succession to the licence.
If an application for succession to a licence 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 the hearing, the Secretary to the Licensing Appeals Board will inform all parties to the appeal the decision of the Board and the reasons for the decision.
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'.
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.