Skip to content
 
 
Enlarge Font Size | Reduce Font Size
Picture


Administration - Administrative Rules

ADMINISTRATIVE RULES (REVISED EDITION DECEMBER 2005)
OF THE CHEUNG SHA WAN WHOLESALE VEGETBLE MARKET,
VEGETABLE MARKETING ORGANIZATION

Preface

(i)

The administrative rules made hereunder are for the purpose of regulating the management and control of the Cheung Sha Wan Wholesale Vegetable Marketing and the conduct of persons therein. As the market was established by the Director of Marketing with the Authority vested in him under Regulation (3) of the Agricultural Products (Marketing) Regulations, Chapter 277 (1973 Edition), the administrative rules should be read and followed in conjunction with the said Regulations.

   

(ii)

The Director hereby authorized the managers of the market, whom he has appointed by virtue of Section 3(2) of the Agricultural Products (Marketing) Ordinance, Chapter 277 (1987 Edition), to exercise on his behalf the power and discretion vested in him to enforce these administrative rules. Any appeals against the decisions made by the managers shall be in writing and addressed to the Director for his considerations.

   

(iii)

A copy of these administrative rule, apart from being displayed in the market, shall be available to all market users on request.

 

(The English version shall prevail whenever there is a discrepancy between the English and the Chinese versions)

   

Citation

 

   

 

These administrative rules may be cited as the VMO Market Administrative Rules (2005)

 
 

Interpretation

   

 

In these rules:-

       

 

 

“buyer”

means any commercial firm or individual entered in the market register, and other person nominated to purchase vegetables in the market by such commercial firm or individual and approved by the manager.

       

 

 

“basket”

means bamboo, plastic baskets, foam boxes or other types of containers approved by the manager for holding vegetables.

       

 

 

“basket changing area”

means the part of the market floor specially allocated by the Director for the use of buyers to remove vegetables purchased by them from baskets belonging to the Organization or sellers to their own.

       

 

 

“Director”

means the Director of Marketing.

       

 

 

“manager”

means any person appointed by the Director under Section 3(2) of the Agricultural Product (Marketing) Ordinance, Chapter 277 such as manager, technical officer, senior manager and general manager of the market

       

 

 

“market”

means the Cheung Sha Wan Wholesale Vegetable Market established by the Director at N.K.I.L. 4708 Cheung Sha Wan, Kowloon.

       

 

 

“market register”

means the register maintained by the manager recording the names of the buyers.

       

 

 

“market salesman”

means a person appointed by the Director as the agent of sellers to make sales at he market.

       

 

 

“market users”

means all categories of people using the facilities of the market including buyer, sellers, etc. and their employees.

       

 

 

“market staff”

means the staff employed by the Director.

       

 

 

“Organization”

means the Vegetable Marketing Organization established by the Director.

       

 

 

“sales floor”

means the part of the market allocated by the Director for the purpose of making sales of vegetables.

       

 

 

“seller”

means any owner or producer of vegetables intended for sale in the market including his representative or agent or society and market salesman

       

 

 

“society”

means a Vegetable Marketing Society registered with the Registrar of Co-operative Societies.

       

 

 

“society salesman”

means a market salesman who works for and employed by a society

       

 

 

“vegetables”

means the vegetables listed in Regulation 2 of the Agricultural Products (Marketing) Regulations, 1973.

       

 

 

“advantage”

means -

  1. any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;
  2. any office, employment or contract;
  3. any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
  4. any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
  5. the exercise or forbearance from the exercise of any right or any power or duty; and
  6. any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of the preceding paragraphs (a), (b), (c), (d) and (e),

'Entertainment' means the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment connected with, or provided at the same time as, such provisions.

 

 

 

 

The Market Administrative Rules

 

Restriction of Access

     

 

1. 

The market shall be open for vegetable wholesale activities in accordance with a schedule of sale periods approved by the Director and displayed at the entrances and sales floor of the market.

     

 

2.

All vehicles or persons entering the market must each possess a valid entry permit (which is non-transferable) approved and issued by the manager on application. For vehicles, the permit must be displayed on the windscreen at all times. For persons, they must produce their permits for checking by market security staff at the market entrances, or by other market staff within the market on request as deemed necessary.

     

 

3. 

An entry permit may be issued by the manager subject to such terms and conditions as he thinks fit. The manager may at any time, suspend or revoke an entry permit if the person to whom the permit is issued fails to comply with any of the terms and conditions thereof.

     

 

4. 

For the sake of public safety and smooth operation of the market, the manager has the discretion to temporarily suspend the entry of vehicles and persons into the market when he considers that the market is already seriously overcrowded with people or congested with vehicles.

 
 

Market Safety, Cleaning, Security and Order

     

 

5.

No illegal or triad related activities such as extortion, bribery, bodily assault, theft, gambling, fraud, intimidation, possession of narcotics and weapons are permitted in the market.

     

 

6.

The market manager may refuse a person entering the market after taking into account his previous documented records of misconduct in the market and that he has been shown to be committing or assisting in the commitment of illegal activities (whether inside or outside the market) which have undermined or are likely to affect the efficiency or fair operation of the market.

     

 

7.

All drivers with vehicles entering the market shall fully follow parking instructions from market staff.

     

 

8.

All market users, particularly sellers, shall keep the market space under their use as clean as possible, and shall not keep or leave any of their belongings in the market except with the permission of the manager.

     

 

9.

All market users shall ensure that the equipment and tools used in the market, and the work procedures employed are safe and would not cause any bodily harm to other persons or damage to the market premises.

     

 

10.

Except with the permission of the manager, no person may cook or boil water, or keep flammable goods such as petrol, L.P. gas, gasoline, foam box in the market.

     

 

11.

No person shall keep dogs, cats and other animals in the market.

     

 

12.

No person shall install telephone, power lines and water pipeline without the permission of the manager.

     

 

13.

Any person causing disruption to market operations or in any way causing nuisance in the market shall be required to leave the market for as long a period as deemed fit by the manager.

     

 

14.

The employees/agents of the market users may be prohibited from entering the market if they are found to have misbehaved in the market and/or been convicted of criminal offences committed in the market.

 

Food Safety

     

 

15.

To monitor the quality of vegetables sold through the market, the manager may take samples of no more than half a kilogram of vegetables as appropriate from each selected sellers for checking and testing. If the manager has reasons to believe that some vegetables are unfit for human consumption, he may report the matter to the health authority for investigation, and request the seller(s) concerned to stop trading those vegetables in the market.

 

Use of Market Space and Facilities

     

 

16.

The allocation of sales floor and space for other operational purposes to users in the market shall be decided by the Director. When the allocated sales floor or market space is found under-utilized, the manager may temporarily reallocate it for other uses or to other users as he thinks fit.

     

 

17.

No person shall use the allocated space for purposes other than those related to vegetable marketing as decided by the Director. Space allocated for use by individual market users shall not be transferable, except with the permission of the Director.

     

 

18.

No person or vehicle shall stay overnight in the market except with the permission of the manager.

     

 

19.

No person shall use the tools, equipment and facilities of the market without the permission of the manager.

 

Control of Market Users

     

 

20.

All sales in the market shall be made through a market salesman recommended by the manager and approved by the Director. The approval of the Director may be given subject to such criteria, terms and conditions as he thinks fit. The Director may at any time withdraw his approval if the market salesman breaches any criteria, terms or conditions on which the approval was granted.

     

 

21.

Any person intending to purchase vegetables in the market shall apply to the manager for registration as a registered buyer. The manager has the discretion to approve the entry upon and deletion of the names of buyers from the market register, subject to their compliance with the criteria, terms and conditions as he thinks fit.

     

 

22.

No person shall, either expressly or by implication, offer any advantage to market staff

     

 

23.

Unless authorized by the manager, no person is permitted to interfere with the loading and off-loading of vegetables from vehicles in the market.

     

 

24.

No person shall remove the sales memo from vegetables being off-loaded, or moved onto the sales floor in the market.

     

 

25.

Except with the permission of the manager, no baskets belonging to the Organization shall be used by any person.

     

 

26.

No person, except those authorized by the manager, is permitted to remove any container belonging to the Organization or vegetable co-operative societies from the market.

     

 

27.

Except with the permission of the manager, no person shall remove any sold vegetables from the sellers’ baskets to any other baskets except in the basket changing area.

     

 

28.

No person shall clean, trim, process or dump any vegetables in the market without the permission of the manager.

     

 

29.

In the course of sale and purchase of vegetables in the market, all market users shall follow the marketing procedures drawn up by the manager as well as his verbal instructions given from time to time as he considers necessary to improve market operation.

     

 

30.

Without prejudice to the authority of the Director and the manager, the Weights And Measures Ordinance (Chapter 68) shall apply in the market.

 

Commission

     

 

31.

No person shall mislead or deceive the Organization on the commission payable

     

 

32.

Any person who brings vegetables into the market for sale shall pay commission to the Organization. The commission payable shall be the prescribed percentage of the sales price of the vegetables.

     

 

33.

The commission charged on sale of vegetables shall be deducted by the Organization from the sale proceeds of the vegetables concerned before the seller is paid.

     

 

34.

No person shall manipulate the pricing of vegetables which shall be  determined by market forces. In case of any doubt as to the purchase price of any vegetables, the manager or any market staff authorized by him, may make such price adjustment as necessary in accordance with the going price trend at the time.

 

Administrative Action

     

 

35.

Without prejudice to the Agricultural Products (Marketing) Ordinance and Regulations, any person in violation of any of the above market administrative rules shall be liable to the following administrative action imposed by the manager:-

       

 

 

(a)

To be prohibited from entering the market; and

       

 

 

(b)

In the case of a buyer, to have his name deleted from the market register; or

       

 

 

(c)

In the case of a seller, to be prohibited from conducting sales.

 

 

 

 

- End -

   
Copyright © 2008 Vegetable Marketing Organization Ltd. All Rights Reserved