OVERVIEW

OVERVIEW

Introduction

Street trading has been a feature of life in Hong Kong for over 100 years. The Authority used to license street traders in order to provide some form of control over their trade and scale of activities. Because of the obstruction and nuisances caused by hawking activities, the Authority had since 1970 adopted the policy of not issuing new hawker licences under normal circumstances with a view to gradually reducing on-street hawking activities. Hawking in public place is regulated through a licensing system and by enforcement action. As from 1 January 2000, the Director of Food and Environmental Hygiene (“the Director”) is the Authority responsible for hawker management and control in the Hong Kong Special Administrative Region (“HKSAR”).

Objectives of Hawker Control 

• To reduce illegal hawking activities in streets by taking enforcement action

• To reduce on-street licensed hawking activities by resiting eligible hawkers into new public markets and implementing the guideline of not issuing new hawker licences

• To minimize through enforcement action, the nuisances created by street trading either by hawkers or by illegal extensions of shops onto the street area

Issue of Hawker Licence

A hawker licence may not be issued to any person who is :

• Under 18 years of age; or
• Already the holder of a valid hawker licence.

There are, in essence, two categories of hawker licences; they are :

• Fixed-Pitch Hawker Licences
• Itinerant Hawker Licences

At the end of December 2004, the number of fixed-pitch and itinerant hawker licences in the urban area were 6 836 and 455 respectively. The number of fixed-pitch and itinerant hawker licences in the New Territories were 425 and 332 respectively.

Temporary Hawker Licence

A temporary hawker licence may be issued to an applicant as the Director thinks fit and it permits the licensee to hawk for such period (not exceeding one month) and for such purpose as the Director specifies in the licence, subject to any conditions that the Director thinks fits to specify in the licence. The Department will not consider any applications for commercial or profit-making purposes.

Multiple Holding of Hawker Licences and Market Tenancies by One Family

In the urban area, only one hawker licence may be issued to one family (i.e. parent, spouse, son or daughter) and multiple holding of hawker licences is not allowed.

No licensed hawker is permitted to hold a market stall agreement with the Department at the same time except for holding a Fixed-Pitch (Cooked Food or Light Refreshment) Hawker Licence in public housing estates.

Immediate family members (i.e. parent, spouse, son or daughter) of licensed hawkers are not prohibited from holding market stall agreements with the Department.

Licensed hakwers and their immediate family members are not prohibited from holding any other commercial tenancies.

In the New Territories, only one hawker licence may be issued to one family i.e. one’s spouse, dependent children under the age of 18 and unmarried living under the same roof. Multiple holding of hawker licences is not permitted.

An individual family is not allowed to hold a hawker licence in addition to a market stall agreement with the Department or a commercial (shop) tenancy except for holding a Fixed-Pitch (Cooked Food or Light Refreshment) Hawker Licence in public housing estates.

The Department is now reviewing the different practices in the urban area and the New Territories.