Cap. 296 sub. leg. B

Reserved Commodities (Control of Sales by Wholesale) Regulations(Cap. 296, section 3) [1 November 1979] L.N. 254 of 1979(Format changes—E.R. 2 of 2020) 1. Citation These regulations may be cited as the Reserved Commodities (Control of Sales by Wholesale) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—registered wholesaler (註冊批發商) means a person registered under regulation 4 as a registered wholesaler;reserved commodity (儲備商品) means a commodity specified as a reserved commodity in the Schedule. 3. Application for registration (1) Any person may apply to the Director to be registered as a registered wholesaler of a reserved commodity.(2) An application for registration as a registered wholesaler shall be in writing in a form approved by the Director containing the following particulars—(a) the name of the applicant, including the business name if he carries on business under a name other than his own;(b) the applicant’s private address;(c) the reserved commodity in respect of which the application is made;(d) the premises at which the wholesale business in that reserved commodity is to be carried on.(3) Without prejudice to paragraph (2) the Director may, in writing, require from an applicant such further particulars as he may specify. (E.R. 2 of 2020)(4) A separate application shall be made in respect of each reserved commodity. 4. Registration Within 14 days of the receipt of an application under regulation 3 for registration as a registered wholesaler the Director may—(a) register the applicant as a registered wholesaler of the reserved commodity in respect of which the application was made; or(b) give notice in writing to the applicant of his refusal to register the applicant. 5. Conditions of registration (1) The registration of a wholesaler under regulation 4 shall be subject to such conditions as the Director may specify.(2) The Director may at any time cancel or vary the conditions of such registration or specify new conditions. 6. Records and returns by registered wholesaler Without prejudice to the requirements of any condition specified under regulation 5, the Director may require a registered wholesaler to—(a) keep such records; and(b) submit to the Director such returns of wholesale transactions in the reserved commodity in respect of which he is registered, balance sheets, profit and loss accounts and other financial records,as he may specify. 7. Certificate of registration (1) The Director shall issue to a registered wholesaler a certificate of registration.(2) Subject to regulation 9, a certificate of registration shall be valid for the period stated in the certificate.(3) Where the Director—(a) alters the particulars of the registration of a registered wholesaler; or(b) cancels or varies the conditions of registration or imposes new conditions of registration under regulation 5(2),he shall notify the registered wholesaler who shall forthwith surrender his certificate of registration to the Director.(4) Where a registered wholesaler surrenders his certificate of registration under paragraph (3) the Director shall issue him with a new certificate of registration.(5) A certificate of registration shall be in such form as the Director may approve. 8. Register of wholesalers (1) The Director shall cause to be maintained a register of registered wholesalers for each reserved commodity.(2) Such register shall be available for inspection by any person at the offices of the Director during office hours on payment of a fee of $5. 9. Cancellation of registration (1) The Director may cancel the registration of any registered wholesaler—(a) at the request of the registered wholesaler;(b) on the death, dissolution of the partnership or bankruptcy of the wholesaler or, in the case of a company, on the winding up of the registered wholesaler;(c) where it appears to the Director that the registered wholesaler has ceased to carry on the business of a wholesaler in the reserved commodity in respect of which he was registered for a period of 6 months and, having been required to do so in writing by the Director, has failed within 1 month to show good cause why his name should remain on the register;(d) if any condition of his registration in respect of the reserved commodity is contravened;(e) if the registered wholesaler or any person employed by him commits an offence under the Ordinance;(f) by giving the registered wholesaler 3 months’ notice in writing. (E.R. 2 of 2020)(2) Where the Director cancels the registration of a registered wholesaler under paragraph (1), he shall notify the registered wholesaler and shall state under which subparagraph of paragraph (1) the registration is cancelled.(3) Where the Director has notified a registered wholesaler under paragraph (2) of the cancellation of his registration, the wholesaler shall forthwith surrender his certificate of registration to the Director.(4) Where the Director has notified a registered wholesaler of the cancellation under paragraph (1)(f) of his registration, the registered wholesaler shall surrender his certificate of registration to the Director within the period specified in the notice. 10. Disposal of stock held by wholesaler on cancellation of registration Where the Director has notified a registered wholesaler of the cancellation under regulation 9(1) of his registration as a wholesaler of a reserved commodity, the wholesaler shall dispose of his stock of that reserved commodity in accordance with the directions of the Director. 11. Control of stocks The Director may by notice in writing to a registered wholesaler order that any stock of a reserved commodity in the possession or under the control of such wholesaler, or any part thereof, shall be—(a) removed from the premises or place in or at which it is stored or kept;(b) replaced by other stock of such reserved commodity; or(c) otherwise dealt with as the Director may direct. 12. Inspection of stocks (1) The Commissioner or an authorized officer may at any time enter the premises of a wholesaler for the purpose of examining the reserved commodities held by the wholesaler and all documents relating thereto.(2) A wholesaler shall permit the Commissioner or any authorized officer to enter any premises of the registered wholesaler at any time for the purpose of paragraph (1) and to inspect any reserved commodities and any documents relating thereto on the premises.(L.N. 294 of 1982) 13. Restriction on sales by wholesale and price control (1) The Director may by notice in writing to a registered wholesaler—(a) restrict the sale by wholesale of a reserved commodity by the registered wholesaler to any class of persons or to specified persons;(b) fix the maximum price at which a reserved commodity shall be sold by wholesale by the registered wholesaler;(c) require the wholesaler to sell such quantity of a reserved commodity in his possession or under his control to such person as the Director may specify at a price not exceeding the maximum price fixed under subparagraph (b). (E.R. 2 of 2020)(2) A notice under paragraph (1) may be addressed to all registered wholesalers, to a class of registered wholesalers or to a specified registered wholesaler.(3) A notice under paragraph (1) shall be—(a) served on each registered wholesaler to whom the restriction or control applies; and(b) published in the Gazette.(4) A registered wholesaler to whom a notice under paragraph (1) applies shall comply therewith as soon as the notice is—(a) served on him; or(b) published in the Gazette,whichever is the sooner. 14. Prohibition of sale by wholesale to retailer convicted of offence against Ordinance (1) The Director may by notice in writing to a registered wholesaler in a reserved commodity prohibit the sale by wholesale of that reserved commodity by the registered wholesaler to a person specified in the notice on the ground that the person specified has been convicted of an offence under the Ordinance.(2) Notice of a prohibition under paragraph (1) shall be served on the registered wholesaler who shall forthwith comply with the prohibition.(3) A copy of a notice served on a registered wholesaler under paragraph (2) shall be served on the person specified in the notice.(4) A notice under paragraph (1) may specify more than one person and be addressed to more than one registered wholesaler. 15. Offences in respect of applications, records and certificates (1) Any person who—(a) in an application for registration as a registered wholesaler under regulation 3; or(b) in any record required to be kept, or return required to be submitted, under or for the purposes of this Ordinance,makes any statement or furnishes any information which he knows or ought to know to be false or misleading in a material particular shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 1 year.(2) Any person who, without the authority of the Director, alters in a material particular a certificate issued under regulation 7(1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine at level 6 and to imprisonment for 2 years.(E.R. 2 of 2020) 16. Other offences (1) Any registered wholesaler who fails to comply with—(a) a requirement under regulation 6;(b) a notice from the Director under regulation 13(1) in accordance with regulation 13(4) ;(c) a notice from the Director under regulation 14,shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 1 year.(2) Any person who fails to surrender his certificate of registration in accordance with regulation 7(3) or regulation 9(3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months.(3) Any person who, without reasonable excuse, fails to comply with—(a) a direction of the Director under regulation 10; or(b) an order of the Director under regulation 11,shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and to imprisonment for 6 months.(4) Any person who in contravention of regulation 12 fails to permit the Commissioner or an authorized officer to enter any premises owned by him for the purposes of regulation 12 shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and to imprisonment for 6 months. (L.N. 294 of 1982)(E.R. 2 of 2020) Schedule [reg. 2]Reserved Commodities Rice, with or without husk, and milled or unmilled.