(Cap 313, section 80) [1 February 1983] L.N. 25 of 1983 (L.N. 424 of 1982) Cap 313H reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Shipping and Port Control (Ferry Terminals) Regulations. (64 of 1999 s. 3) Cap 313H reg 2 Interpretation Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 In these regulations, unless the context otherwise requires- "authorized officer" (获授权人员) means a public officer authorized in writing by the Director for the purposes of any of these regulations and any police officer on duty within a terminal; "ferry vessel" (渡轮船只) means a vessel which plies regularly from a terminal for the conveyance of passengers- (a) between Hong Kong and Macau; or (b) between Hong Kong and any other place in China; or (64 of 1999 s. 3) (c) between Hong Kong and any place outside Hong Kong other than a place referred to in paragraph (a) or (b), where- (i) in the course of its voyage the vessel is at no time more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety; and (ii) neither the distance between the last port of call in the country or territory in which the voyage begins and the final port of destination nor the return voyage exceeds 600 nautical miles, where "final port of destination" (最终目的港口) means the last port of call in the scheduled voyage at which the vessel commences its return voyage to the country or territory in which the voyage began,whether or not the vessel also carries cargo; (L.N. 253 of 1994) "pass" (通行证) means any pass issued under regulation 13 or a replacement pass issued under regulation 25; "pass holder" (通行证持有人) means (a) in relation to a pool pass, the authorized officer to whom it is issued and includes any person using a pool pass by the authority of an authorized officer; and (b) in relation to a standard pass or a temporary pass, the person in whose name the pass is issued; (L.N. 253 of 1994)"pool pass" (共用通行证) means a pool pass issued under regulation 13; "restricted area" (限制区域) means an area declared under regulation 11 to be a restricted area; "standard pass" (标准通行证) means a standard restricted area pass issued under regulation 13(1)(b) for a period of validity provided in regulation 16(c)(i); (L.N. 253 of 1994) "temporary pass" (临时通行证) means a temporary restricted area pass issued under regulation 13(1)(c) for a period of validity provided in regulation 16(c)(ii); (L.N. 253 of 1994) "terminal" (终点码头) means a terminal the boundaries of which are declared under regulation 3; "vehicle" (车辆) means any vehicle intended or adapted for use on roads. (L.N. 253 of 1994) Cap 313H reg 3 Designation of terminals Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive may, by order published in the Gazette, declare the boundaries of terminals to be used by ferry vessels arriving in or leaving the waters of Hong Kong. (64 of 1999 s. 3) (2) A terminal shall include- (a) all land and water within the boundaries of the terminal; and (b) any building, street, pier or pontoon within the said boundaries. Cap 313H reg 4 Terminals under control of Director PART II CONTROL OF TERMINALS GENERALLY (1) A terminal shall be under the control of the Director. (2) Except with the permission of the Director, no vessel shall enter a terminal. (3) The Director may close the whole or a part of a terminal for such period as he may specify. (4) The Director may, by notice or sign exhibited in a terminal, prohibit access to the whole or a part of the terminal, at such time as he may specify, by- (a) any person or class of persons; (b) any vessel or class of vessels; (c) any vehicle or class of vehicles.(5) The Director may, by notice or sign exhibited in any air-conditioned area communally used by passengers in a terminal, declare that smoking is allowed in so much of that area as is indicated in the notice or sign and in such case the prohibition imposed under regulation 32(2) and the offence and penalty created and imposed under regulation 35(6A) and (11)(b) respectively shall not extend to the area so indicated. (L.N. 290 of 1995) Cap 313H reg 5 Vessels to use terminals (1) A ferry vessel shall berth at a terminal unless the Director otherwise directs. (2) Except with the permission of the Director- (a) no person shall be embarked on or disembarked from; and (b) no cargo shall be loaded on or discharged from,a vessel within a terminal other than at a place in the terminal which is allocated to the vessel for such purpose by the Director. (L.N. 253 of 1994) Cap 313H reg 6 Owners or masters to comply with requirements of Director (1) The owner or master of a vessel in a terminal or entering or leaving a terminal shall comply with such directions as the Director may give. (2) Without prejudice to the generality of paragraph (1), the Director may direct the owner or master of a vessel in a terminal- (a) to anchor or secure the vessel at any place in the terminal; (b) to move the vessel from any place in the terminal to any other place therein; (c) to remove the vessel from the terminal for such period as the Director may specify.(3) The owner or master of a vessel when navigating within or entering or leaving a terminal shall, so far as practicable, have regard to any information or advice conveyed to him by an authorized officer. (L.N. 253 of 1994) Cap 313H reg 7 Control of arrivals and departures and ferry vessels The Director may, by notice in writing served on the owner or master of a ferry vessel, specify the time of arrival at, or departure from, a terminal of the ferry vessel, either generally in respect of a series of arrivals or departures, or in respect of a particular arrival or departure, and the owner or master shall comply with such notice. Cap 313H reg 8 Returns by owners or masters The owner or master of a ferry vessel shall, at such times as the Director may require, make to the Director a return showing, in respect of such period as may be specified by the Director, such particulars as the Director may require- (a) of each voyage made by the ferry vessel; (b) of the cargo carried on each voyage of the ferry vessel; (c) of the number of passengers carried on each voyage of the ferry vessel, and the category of such passengers for the purposes of regulation 34; (d) of the number of persons embarking and disembarking at each port of call during each voyage of the ferry vessel; and (e) relating to the manning or operation of the ferry vessel. Cap 313H reg 9 Entering, leaving or remaining in a terminal No person shall- (a) enter or leave a terminal or a restricted area except by such entrances and exits as are specified by the Director; or (b) remain in a terminal, or any part thereof, after he has been ordered to leave the terminal, or such part thereof, by the Director. Cap 313H reg 10 Embarkation and disembarkation Except with the permission of the Director, no person shall embark on, or disembark from, a vessel in a terminal- (a) whilst the vessel is in motion; (b) otherwise than by an authorized gangway; or (c) by means of any other vessel. (L.N. 253 of 1994) Cap 313H reg 11 Declaration of restricted areas PART III RESTRICTED AREAS The Director may, by notice published in the Gazette, declare any area within a terminal to be a restricted area. Cap 313H reg 12 Prohibition of entry, etc. to restricted area without valid pass Subject to these regulations, no person shall enter or remain in a restricted area unless he has on his person a valid pass issued to him in respect of that restricted area or is being escorted by an authorized officer having the authority of the Director to escort persons into that restricted area. (L.N. 253 of 1994) Cap 313H reg 13 Issue of passes and grounds for refusal (1) The Director may issue- (a) a pool pass- (i) to any authorized officer; and (ii) to any other person where he is satisfied that by reason of the nature of his occupation or employment such person requires immediate access to a restricted area; or(b) a standard pass to any person specified in paragraph (3) on application being made under regulation 14 and, in the case of an applicant who is not an authorized officer, on payment of the prescribed fee; or (L.N. 253 of 1994) (c) a temporary pass to any person specified in paragraph (3) on application being made under regulation 14. (L.N. 253 of 1994)(2) A pass shall be in such form and subject to such conditions as may be specified by the Director and may, in the discretion of the Director, give authority to an authorized officer to escort any person into a restricted area for which the pass is valid. (L.N. 253 of 1994) (3) A standard pass or a temporary pass may be issued only to a person- (a) who is a member of the crew of a ferry vessel permitted to use the terminal concerned and where it is shown to the satisfaction of the Director that such person is signed on the articles of agreement of that vessel; or (b) in respect of whom it is shown to the satisfaction of the Director that by reason of the nature of his occupation or employment such person requires frequent and regular access to the restricted area concerned. (L.N. 253 of 1994)(4) The Director shall refuse to issue a pass if it appears to him that- (a) the person requiring the pass or for whom it is required is for any reason relating to or connected with the security of the terminal concerned not a fit person to have access to a restricted area; or (b) access to a restricted area is unnecessary by reason of the nature of the occupation or employment of the person requiring the pass or for whom it is required. Cap 313H reg 14 Application for passes Application for the issue of a standard pass or a temporary pass shall be- (a) made by a person requiring the pass or an employer on behalf of his employee; (b) made to the Director in the form specified by him; and (c) accompanied by- (i) the documents specified therein; (ii) such other particulars as may be required by the Director; and (iii) in the case of an application under regulation 13(1)(b) by a person who is not an authorized officer, the prescribed fee. (L.N. 253 of 1994) Cap 313H reg 15 General provisions as to passes (1) A pass shall not entitle the holder thereof to embark on a ferry vessel as a passenger. (2) A pass holder shall not transfer his pass to any other person. (3) A pass holder shall produce his pass for examination on entering or leaving the terminal in respect of which the pass is issued, and at any time while he is present therein if so required by the Director. Cap 313H reg 16 Contents of passes and duration of validity thereof Every pass shall- (a) if so required by the Director, bear sufficient means of identification of the pass holder; (b) specify the restricted area or areas in respect of which it is issued; (c) indicate the period for which it is issued which- (i) in the case of a pool pass or a standard pass, shall be for such period as may be specified therein; (ii) in the case of a temporary pass, shall not be greater than 3 months; and(d) cease to be valid- (i) on the expiration of the period for which it was issued; or (ii) upon its cancellation under regulation 17; or (iii) where a pass holder ceases to be employed by the person who was his employer at the date of the issue of the pass; or (iv) upon a demand made by the Director under regulation 21 for a pass holder to surrender his pass to the Director. Cap 313H reg 17 Cancellation of passes The Director- (a) shall cancel a pass if it appears to him that- (i) in the case of a pass issued under regulation 13(3)(a), the pass holder has ceased to be a member of the crew of the ferry vessel in respect of which the pass is issued or ceases to be signed on the articles of agreement of that vessel; (L.N. 253 of 1994) (ii) the pass holder is, for any reason relating to or connected with the security of the terminal concerned, not a fit person to have access to a restricted area; or (iii) access to a restricted area is unnecessary by reason of the nature of the occupation or employment of the pass holder; and(b) may cancel a pass- (i) on the ground that any condition subject to which it was issued has been contravened; (ii) on the ground that the pass holder or his employer has contravened any of these regulations; or (iii) in any case where he is satisfied that the pass has been lost, destroyed or defaced. Cap 313H reg 18 Procedure on cancellation of pass (1) Where the Director cancels a pass under regulation 17, he shall notify the pass holder and, if he thinks fit, the employer (if any) of the pass holder, accordingly. (2) A pass holder, upon receipt of a notice under paragraph (1), shall, save where the notice relates to a pass which has been lost or destroyed, forthwith surrender his pass to- (a) the Director; (b) an authorized officer specified in the notice for the purpose; or (c) the employer of the pass holder if specified in the notice for the purpose,as the case may be. (3) An employer to whom a pass has been surrendered by virtue of a notice under paragraph (1) shall forthwith surrender that pass to the Director or an authorized officer specified in the notice. Cap 313H reg 19 Action by employer where pass no longer required The employer of a pass holder shall- (a) if the nature of the employment of the pass holder no longer requires that he have access to any restricted area specified in his pass; or (b) if the pass holder ceases, for any reason, to be employed by him,without delay- (i) inform the Director accordingly; (ii) take possession of the pass from the pass holder; and (iii) surrender the pass to the Director. Cap 313H reg 20 Pass to be surrendered on cessation of employment A pass holder who ceases to be employed by the person who was his employer at the date of the issue of the pass shall, immediately on the cessation of his employment, surrender his pass to that person. Cap 313H reg 21 Pass to be surrendered on demand The Director may demand a pass holder to surrender his pass to the Director, and the pass holder shall forthwith comply with such demand. Cap 313H reg 22 Pass to be worn on outer clothing A pass holder shall, when entering, remaining in or departing from a restricted area- (a) wear the pass affixed in a prominent position on his outer clothing; (b) comply with the conditions subject to which the pass is issued; (c) comply with all reasonable directions given to him by any authorized officer; (d) if the pass is a pool pass, carry on his person- (i) an identity card issued to him under the Registration of Persons Ordinance (Cap 177); or (ii) such warrant card, valid travel document or other means of identification as may be approved by the Director. Cap 313H reg 23 Exemption for bona fide passengers (1) Subject to this regulation, the provisions of regulation 12 shall not apply to any bona fide passenger who- (a) is in the course of passage through any restricted area- (i) having disembarked from a ferry vessel; or (ii) for the purpose of embarking on a ferry vessel of which he is a ferry passenger; or (iii) having disembarked from, or for the purpose of embarking on, a helicopter of which he is a passenger; or (L.N. 253 of 1994)(b) is awaiting an onward ferry voyage in any area reserved for transit or transfer passengers which is within a restricted area.(2) A passenger shall not, by virtue of paragraph (1), be exempt from the provisions of regulation 12 unless- (L.N. 253 of 1994) (a) being a departing passenger of a ferry vessel, he is in possession of a valid travel document and a valid passenger ticket issued by the owner or master of a ferry vessel for passage on a ferry vessel; (L.N. 253 of 1994) (aa) being a departing passenger of a helicopter, he is in possession of a valid travel document and a valid passenger ticket issued by or on behalf of the owner, operator or pilot of the helicopter for passage on it; or (L.N. 253 of 1994) (b) being an arriving passenger or a transit or transfer passenger, he is in possession of a valid travel document.(3) A passenger ticket shall be in such form as may be approved by the Director. Cap 313H reg 24 Lost pass (1) If a pass has been lost the pass holder shall, without delay, report in writing the loss and the circumstances thereof to his employer (if any) or, where the permit holder has no employer or is himself an employer, to the Director. (2) Where a report has been received by an employer as to the loss of a pass and the circumstances thereof, he shall, without delay, report in writing such loss and the circumstances thereof to the Director. (3) Any person who finds a pass shall, without delay, deliver it to the Director or to the officer in charge of any police station or to any police officer. Cap 313H reg 25 Issue of replacement pass Where a pass has been lost, destroyed or defaced, application may be made to the Director by the persons to whom the pass had been issued or the employer of that person for the issue of a replacement pass and the Director, upon being satisfied as to such loss, destruction or defacement, may, upon payment of the prescribed fee, issue to the pass holder a replacement pass which shall replace the pass which has been lost, destroyed or defaced. (L.N. 253 of 1994) Cap 313H reg 26 Control of vehicles PART IV MISCELLANEOUS (1) Except with the permission of the Director, no person shall drive a vehicle into, within or out of a terminal. (2) The driver of a vehicle while within, or while entering or leaving, a terminal shall comply with such directions as may be given by the Director and with any notice or sign exhibited in a terminal by order of the Director. Cap 313H reg 27 Power in relation to animals and articles The Director may- (a) by order, either orally or in writing- (i) prohibit the entry of any animal or article into a terminal; (ii) require any animal or article to be moved within a terminal in such manner as he may specify; (iii) require any animal or article to be removed from a terminal;(b) move within a terminal any animal or article which in his opinion constitutes an obstruction, nuisance or annoyance; (c) remove from a terminal any animal or article which is unattended, or which in his opinion constitutes an obstruction, nuisance or annoyance. Cap 313H reg 28 Permission of master to board or load cargo (1) Except with the permission of the master of a vessel, no person shall board, or load any vehicle or other cargo on, the vessel. (L.N. 253 of 1994) (2) No person shall travel, or bring a vehicle or other cargo, on board a ferry vessel after being warned by the Director that the vessel contains its full complement of passengers, vehicles or other cargo. (3) No person shall, within a terminal, travel or bring a vehicle or other cargo, on board a vessel other than a ferry vessel after being warned by the Director that the vessel contains its full complement of passengers, vehicles or other cargo. (L.N. 253 of 1994) Cap 313H reg 29 Business and advertising in terminals Except with the written permission of the Director, no person shall, within a terminal- (a) sell or distribute anything, or offer anything for sale, or make any offer of service; (b) exhibit any notice or advertisement. Cap 313H reg 30 Intoxicated persons The Director may prohibit from entering a terminal any person who, in the opinion of the Director, is under the influence of alcohol or drugs to such an extent as to render him a probable danger or source of annoyance to other users of the terminal. Cap 313H reg 31 Permission to remain on a ferry vessel Subject to section 33 of the Immigration Ordinance (Cap 115), no person shall remain on board a ferry vessel in a terminal except with the permission of the Director. (L.N. 253 of 1994) Cap 313H reg 32 General prohibitions (1) No person shall, whilst within a terminal or on a vessel within a terminal- (a) throw, deposit, leave or drop litter, paper or rubbish, save in bins or containers provided for the purpose; (b) throw, deposit, leave or drop anything capable of causing injury to person or damage to property; (c) throw any life buoy or equipment from the terminal or vessel, except in a case of emergency; (d) open or remove, or climb over, any wall, fence, railing, barrier, gate or post erected in the terminal; (e) beg; (f) fish.(2) Except in areas declared by the Director under regulation 4(5) as areas in which smoking is allowed, no person shall smoke in any air-conditioned area communally used by passengers in a terminal. (L.N. 290 of 1995) Cap 313H reg 33 Berthing fee (1) Subject to paragraph (2), the berthing fee prescribed shall be paid by the owner or master in respect of every vessel which berths in a terminal. (2) The following vessels shall be exempt from the payment of berthing fees- (a) a cargo lighter or junk working cargo to or from a terminal or to or from a vessel moored alongside a terminal; (b) a fresh water lighter, barge or other vessel supplying fresh water to a vessel in a terminal; (c) a fuelling lighter or barge supplying fuel to a vessel or to a storage tank in a terminal; (d) a vessel used to transfer passengers to or from a ferry vessel in a terminal; (e) any other vessel or class of vessels which the Director may exempt.(3) Subject to paragraph (4), a separate fee shall be paid for each berthing. (4) Where a vessel leaves a berth in a terminal in compliance with a direction under regulation 6(2)(b) or (c), no fee shall be chargeable on the reberthing of the vessel. (5) Except with the permission in writing of the Director, no vessel shall remain at a berth in a terminal for more than 24 hours. (6) For the purpose of this regulation, a vessel berths in a terminal when it comes alongside, or is in any way secured to, any part of the terminal. Cap 313H reg 34 Embarkation fee The passenger embarkation fee prescribed shall be paid by the owner of a ferry vessel in respect of each passenger embarking on the ferry vessel at a terminal. Cap 313H reg 35 Offences and penalties (1) If without reasonable excuse regulation 4(2) or 5 is contravened, the master of the vessel commits an offence. (2) If without reasonable excuse a notice or sign exhibited under regulation 4(4) is contravened, the person, master of the vessel or driver of the vehicle, as the case may be, commits an offence. (3) Any owner or master of a vessel who without reasonable excuse fails to comply with any direction given to him under regulation 6 commits an offence. (4) Any owner or master of a ferry vessel who without reasonable excuse fails to comply with a notice served on him under regulation 7, or fails to make a return under regulation 8, commits an offence. (5) Any person who, without reasonable excuse, contravenes regulation 9, 10, 24(3), 26(1) or 31 commits an offence. (6) Any person who contravenes regulation 28, 29 or 32(1) commits an offence. (L.N. 290 of 1995) (6A) Any person who contravenes regulation 32(2) commits an offence. (L.N. 290 of 1995) (7) Any person who, without reasonable excuse, fails to comply with any direction given, or any notice or sign exhibited, under regulation 26(2), or an order under regulation 27(a), commits an offence. (8) Any person who- (a) being a pass holder, without reasonable excuse, contravenes regulation 15(3), 18(2), 20, 21, 22 or 24(1); (b) being an employer, without reasonable excuse, contravenes regulation 18(3), 19 or 24(2),commits an offence. (9) Any person who- (a) makes use of or retains in his possession any pass which he knows or ought reasonably to know- (i) has been cancelled; or (ii) has ceased to be valid;(b) without reasonable excuse, defaces, alters or destroys any pass; (c) in, or in connection with, an application under regulation 14 or 25 makes any statement or gives any information which he knows or ought reasonably to know is false in a material particular or recklessly makes any statement which is false in a material particular or knowingly omits any material particular; (d) being a pass holder, contravenes any condition subject to which the pass was issued,commits an offence. (10) Any person who contravenes regulation 12 or 15(2) commits an offence. (11) Any person who- (a) commits an offence under paragraph (1), (2), (3), (4), (5), (6), or (7) is liable to a fine of $2000; (b) commits an offence under paragraph (6A) or (8) is liable to a fine of $5000; (L.N. 290 of 1995) (c) commits an offence under paragraph (9) is liable to a fine of $10000 and to imprisonment for 3 months; (d) commits an offence under paragraph (10) is liable to a fine of $20000 and to imprisonment for 6 months. Cap 313H reg 36 Power to detain persons An authorized officer may, if he has reasonable grounds for believing that any person has contravened regulation 12, without warrant arrest that person and forthwith take him to a police station there to be dealt with in accordance with the Police Force Ordinance (Cap 232). Cap 313H reg 37 Fees The fees prescribed under these regulations are set out in the Schedule. Cap 313H SCHEDULE [regulation 37] FEES PART 1-PASSES (a) A standard pass ............................................................................... $ 105 (b) A replacement pass .......................................................................... 180 (c) (Repealed L.N. 253 of 1994) (L.N. 254 of 1992; L.N. 340 of 1993; L.N. 253 of 1994) PART 2-BERTHING (a) For a ferry vessel, per ton for each berthing in the case of- (i) a dynamically supported craft ....................................................... (ii) a ferry vessel, other than a dynamically supported craft ................ $ 3 1.50 (b) For a vessel, not being a ferry vessel, per ton for each berthing .......... 3 (L.N. 168 of 1988; L.N. 97 of 1990; 40 of 1991 s. 2; L.N. 380 of 1992) PART 3-PASSENGER EMBARKATION (a) For each passenger paying an amount exceeding $12 for a single journey .......................................................................................................... $ 18 (b) For each passenger travelling free of charge on a complimentary ticket .. 18 (c) For each passenger not failing within (a) or (b) ...................................... 6(L.N. 168 of 1988; L.N. 314 of 1989; L.N. 97 of 1990; 40 of 1991 s. 3; L.N. 380 of 1992; L.N. 148 of 1998)
手机扫一扫
手机浏览移动版