(Cap 81, section 6) [26 July 1974] (L.N. 155 of 1974) Cap 81A reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Port Control (Cargo Working Areas) Regulations. Cap 81A reg 2 Interpretation In these regulations, unless the context otherwise requires- "berthing permit" (停泊许可证) means a berthing permit issued under regulation 5B(1); (L.N. 332 of 1982) "cargo depositing permit" (货物存放许可证) means a cargo depositing permit issued under regulation 7(1); (L.N. 332 of 1982) "cargo working berth" (货物装卸停泊位) means a berth for the loading or unloading of any cargo or cargo container into or from any vessel; (L.N. 332 of 1982) "China trade cargo" (中国贸易货物) means any cargo or cargo container originating in and carried from Mainland of China; (L.N. 226 of 1984; 64 of 1999 s. 3) "driver" (驾驶人), in relation to a vehicle, means any person who is in charge of or assisting in the control of the vehicle; "fork lift truck permit" (叉式起重车许可证) means a fork lift truck permit issued under regulation 7B(1); (L.N. 125 of 1985) "goods vehicle" (货车) means- (a) a motor vehicle which is constructed or adapted for use for the carriage of goods or equipment; (b) a trailer which is constructed or adapted for use for the carriage of goods or equipment; and (c) a motor vehicle, other than a motor vehicle within the meaning of paragraph (a), which is constructed or adapted for hauling a trailer constructed or adapted for use for the carriage of goods or equipment; (L.N. 2 of 1977)"lay-by" (让船处) means an area of water forming part of a public cargo working area or public water-front set aside as a lay-by for vessels under regulation 5(1); (L.N. 332 of 1982) "mobile crane permit" (流动起重机许可证) means a mobile crane permit issued under regulation 7A(1); (L.N. 125 of 1985) "mobile office permit" (流动办公室许可证) means a mobile office permit issued under regulation 7C(1); (L.N. 125 of 1985) "mobile shelter permit" (流动遮蔽处许可证) means a mobile shelter permit issued under regulation 7C(1); (L.N. 125 of 1985) "operating hours" (操作时间) means the hours specified by the Director under regulation 4A(1); (L.N. 279 of 1999) "operation area permit" (操作区许可证) means an operation area permit issued under regulation 7D; (L.N. 71 of 1999) "prescribed" (订明), in relation to any fee or charge, means prescribed under regulation 22; (L.N. 332 of 1982) "supervisor" (主管) means a person appointed by the Director under regulation 3 to be a supervisor at a public cargo working area or public water-front; "vanning and devanning permit" (货柜装箱拆箱许可证) means a vanning and devanning permit issued under regulation 7E(1); (L.N. 279 of 1999) "vehicle" (车辆) includes a fork lift truck and a mobile crane; (L.N. 125 of 1985) "vehicle entry ticket" (车辆通行票证) means a vehicle entry ticket issued under regulation 14. (L.N. 71 of 1999) (L.N. 71 of 1999) Cap 81A reg 3 Supervisors (1) The Director shall appoint such persons as he thinks fit to be supervisors at a public cargo working area or public water-front for the purposes of these regulations. (2) The Director- (a) shall issue a warrant card; and (b) may issue a uniform and a badge,to each supervisor. (L.N. 332 of 1982) (3) A supervisor shall, whilst on duty in a public cargo working area or public water-front,- (a) if issued with a uniform, wear his uniform; (b) if issued with a badge, display his badge; (c) carry his warrant card; (d) produce his warrant card to any person in the public cargo working area or public water-front having reasonable grounds for asking for the same. (L.N. 332 of 1982) Cap 81A reg 4 Use of excluded water-fronts PART II EXCLUDED WATER-FRONTS (1) Subject to paragraph (2), no person shall without the permission in writing of the Director- (a) berth any vessel or cause any vessel to be berthed; (b) load or unload any cargo or cargo container, or cause any cargo or cargo container to be loaded or unloaded, into or from any vessel or vehicle; or (c) deposit any cargo or cargo container, or cause any cargo or cargo container to be deposited,at or in an excluded water-front. (2) Subject to any other enactment, a vessel may embark or disembark passengers at an excluded water-front. (3) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (L.N. 332 of 1982) Cap 81A reg 4A Operating hours PART III PUBLIC CARGO WORKING AREAS AND PUBLIC WATER-FRONTS (1) The Director may, by notice in writing, specify the hours during which cargo and cargo containers may be loaded or unloaded within a public cargo working area or public water-front, or any part thereof, specified in the notice. (2) A notice under paragraph (1) shall be displayed in a conspicuous place in the public cargo working area or public water-front to which it relates. (3) A person shall not without the permission in writing of the Director load or unload cargo or cargo containers outside the operating hours within a public cargo working area or public water-front, or any part thereof, specified in a notice under paragraph (1). (L.N. 279 of 1999) (4) The Director may, upon application by any person and on payment of the prescribed fee, permit that person in writing to load or unload cargo or cargo containers outside the operating hours. (L.N. 279 of 1999) (5) The permission under subsection (4) is valid- (a) only for the public cargo working area or public water-front specified in the permission; and (b) for the period specified in the permission. (L.N. 279 of 1999)(6) Any person who contravenes paragraph (3) is guilty of an offence and is liable on conviction to a fine of $10000 and to imprisonment for 6 months. (L.N. 279 of 1999) (L.N. 226 of 1984) Cap 81A reg 5 Lay-bys (1) The Director may, by notice in writing, set aside any area of water forming part of a public cargo working area or public water-front as a lay-by for vessels. (2) A notice under paragraph (1)- (a) shall indicate the lay-by by a plan or reference points or by other suitable means; and (b) shall be displayed in a conspicuous place in the public cargo working area or public water-front to which it relates.(3) The Director may cause a lay-by to be further indicated by such buoys, signs or markings as he deems appropriate. (L.N. 332 of 1982) Cap 81A reg 5A Entry of vessels (1) The person in charge of a vessel shall, upon the vessel entering a public cargo working area or public water-front- (L.N. 71 of 1999) (a) if there is a lay-by, cause the vessel to proceed directly to the lay-by; (b) report the arrival of the vessel to a supervisor on duty at the public cargo working area or public water-front; and (c) apply to such supervisor for a berthing permit under regulation 5B(1).(2) The person in charge of a vessel in a lay-by shall not cause or permit the vessel to leave the lay-by unless- (L.N. 71 of 1999) (a) a cargo working berth has been allocated to the vessel under regulation 5C; or (b) the vessel is proceeding to leave the public cargo working area or public water-front.(3) (Repealed L.N. 71 of 1999) (4) Any person who without reasonable excuse contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (L.N. 332 of 1982) Cap 81A reg 5B Berthing permits (1) A supervisor may, upon application and on payment of the prescribed fee, issue a berthing permit to any person in respect of a vessel in a public cargo working area or public water-front. (2) A supervisor may refuse to issue a berthing permit in any case where in his opinion it is necessary to do so in the interests of the proper management of the public cargo working area or public water-front. (3) A berthing permit ceases to be valid if- (a) it is cancelled under regulation 21; (b) the prescribed fee or the surcharge payable under regulation 5C(5) is not paid in accordance with regulation 22(2); or (c) the vessel in respect of which it is issued- (i) leaves the cargo working berth allocated to it under regulation 5C(1) other than pursuant to a direction under regulation 5C(4); or (ii) leaves the public cargo working area or public water-front.(4) The person in charge of a vessel shall not cause or permit the vessel to remain in a public cargo working area or public water-front unless- (L.N. 71 of 1999) (a) there is a valid berthing permit issued in respect of the vessel; or (b) if there is no such permit, an application for a berthing permit in respect of the vessel has been made under paragraph (1), and the supervisor has not refused to issue the permit.(5) (Repealed L.N. 71 of 1999) (6) Any person who without reasonable excuse contravenes paragraph (4) shall be guilty of any offence and shall be liable on conviction to a fine of $20000 and to imprisonment for 1 year. (L.N. 332 of 1982) Cap 81A reg 5C Allocation of cargo working berths Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) A supervisor may allocate a cargo working berth to a vessel in respect of which a berthing permit has been issued. (2) Where a cargo working berth is allocated to a vessel, the supervisor shall cause the date and time of such allocation to be endorsed on the berthing permit issued in respect of the vessel. (3) Except where a vessel is moved pursuant to a direction under paragraph (4)(a), a cargo working berth allocated to a vessel shall remain allocated to the vessel until the berthing permit issued in respect of the vessel ceases to be valid. (4) A supervisor may direct the person in charge of a vessel to which a cargo working berth is allocated, to- (a) move the vessel from that cargo working berth to another cargo working berth allocated to the vessel; (b) berth the vessel at the cargo working berth allocated to it in such position and manner as he thinks fit.(5) Where a cargo working berth is allocated to a vessel a surcharge shall be payable, in addition to the prescribed fee payable in respect of the berthing permit, at the appropriate rate prescribed in the Schedule for each surcharged day. (6) For the purposes of paragraph (5) and the Schedule, "surcharged day" (附加费征收日) means any period of 24 hours or part thereof during which a cargo working berth remains allocated to a vessel after the expiry of- (a) in the case of a vessel exceeding 48 metres in length overall and engaged in the coastal and river trade between Hong Kong and Mainland of China, 64 operating hours; and (64 of 1999 s. 3) (b) in the case of any other vessel, 48 operating hours,from the time of allocation endorsed on the berthing permit under paragraph (2). (L.N. 226 of 1984) (7) A person in charge of a vessel shall not- (L.N. 71 of 1999) (a) berth a vessel or cause or permit a vessel to be berthed or remain berthed at any cargo working berth not allocated to the vessel; or (b) fail to comply with a direction under paragraph (4).(8) (Repealed L.N. 71 of 1999) (9) Any person who without reasonable excuse contravenes paragraph (7) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (L.N. 332 of 1982) Cap 81A reg 5D (Repealed L.N. 71 of 1999) Cap 81A reg 5E Permission to depart (1) The person in charge of a vessel in a public cargo working area or public water-front shall, before the departure of the vessel from the public cargo working area or public water-front- (a) report to a supervisor on duty at the public cargo working area or public water-front; (b) pay all outstanding fees and charges incurred in respect of the vessel under these regulations; and (c) obtain the permission of the supervisor for the departure of the vessel.(2) Any person who without reasonable excuse contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (L.N. 332 of 1982) Cap 81A reg 6 Loading and unloading of cargo (1) Except as otherwise provided in these regulations, no person shall use a public cargo working area or public water-front otherwise than for the loading or unloading of cargo or cargo containers into or from any vehicle or vessel. (2) (Repealed L.N. 279 of 1999) (3) (Repealed L.N. 226 of 1984) (4) Any person who without reasonable excuse contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (L.N. 332 of 1982; L.N. 226 of 1984; L.N. 279 of 1999) Cap 81A reg 6A Special cargo handling areas and equipment (1) The Director may, by notice in writing- (a) set aside any part of a public cargo working area or public water-front as an area for the loading or unloading of any type of vessel, cargo or cargo container specified by him in the notice; (b) specify the type of cargo handling machinery and equipment to be used in a public cargo working area or public water-front or any part thereof for the loading or unloading of any type of vessel, cargo or cargo container; (c) specify, in relation to any type of cargo handling machinery or equipment, any conditions subject to which such machinery or equipment may be used in a public cargo working area or public water-front or any part thereof.(2) A notice under paragraph (1)- (a) shall, if it sets aside an area referred to in that paragraph, indicate the area by a plan or reference points or by other suitable means; and (b) shall be displayed in a conspicuous place in the public cargo working area or public water-front to which it relates.(3) Any person who without reasonable excuse fails to comply with the requirements of a notice under paragraph (1) which is displayed under paragraph (2), shall be guilty of an offence and shall be liable on conviction to a fine of $20000 and to imprisonment for 1 year. (L.N. 332 of 1982) Cap 81A reg 6AA Circumstances under which certain activities may be carried out (1) The Director may, upon application by any person and on payment of the prescribed fee, permit that person in writing to carry out any activity prohibited under regulation 6 within a public cargo working area or public water-front specified in the permission. (2) The permission under subsection (1) is valid- (a) only for the public cargo working area or public water-front specified in the permission; and (b) for the period specified in the permission.(3) This regulation shall not apply to any thing or activity for which provision is made elsewhere in these regulations. (L.N. 279 of 1999) Cap 81A reg 6B (Repealed L.N. 71 of 1999) Cap 81A reg 7 Cargo depositing permits (1) A supervisor may, upon application and on payment of the prescribed fee, issue to any person a cargo depositing permit for the deposit of any cargo or cargo container specified in the permit on land forming part of a public cargo working area or public water-front specified in the permit. (2) A cargo depositing permit shall be valid- (a) until the expiry of 24 hours from- (i) where the permit is in respect of China trade cargo, the time when the vessel that carried the cargo leaves the public cargo working area or public water-front; (ii) where the permit is in respect of any other cargo or cargo container, the time specified in the permit, or until the cargo or cargo container specified in the permit is removed from the place where it is deposited in accordance with paragraph (3), whichever event occurs sooner; and (L.N. 226 of 1984)(b) only in respect of the cargo or cargo container and for the public cargo working area or public water-front specified in the permit.(2A) In calculating the period of 24 hours for the purposes of paragraph (2) in relation to a permit referred to in paragraph (2)(a)(i), no period within a public holiday shall be taken into account. (L.N. 226 of 1984) (3) Any cargo or cargo container in respect of which a cargo depositing permit is issued shall be deposited in such place as is specified in the permit, or where no such place is specified, as directed by a supervisor. (3A) For the purpose of ascertaining the prescribed fee for a cargo depositing permit in respect of any China trade cargo, a copy of the manifest relating to such cargo shall be given to the supervisor to whom application for the permit is made. (L.N. 226 of 1984) (4) Subject to paragraph (5), any person who without reasonable excuse- (L.N. 71 of 1999) (a) deposits any cargo or cargo container in a public cargo working area or public water-front or causes or permits any cargo or cargo container to be or to remain so deposited without a valid cargo depositing permit in respect of such cargo or cargo container; or (b) contravenes any specification or direction under paragraph (3),shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (5) Paragraph (4) shall not apply to a person who has been issued with an operation area permit which is valid in respect of the public cargo working area or public water-front. (L.N. 71 of 1999) (L.N. 332 of 1982) Cap 81A reg 7A Mobile crane permits (1) The Director may issue a mobile crane permit to any person to operate a mobile crane on land within a public cargo working area or public water-front specified in the permit. (2) A mobile crane permit- (a) shall be valid only- (i) for the public cargo working area or public water-front specified in the permit; and (ii) for the mobile crane specified in the permit or any mobile crane substituted therefor under paragraph (5);(b) shall, unless earlier cancelled under regulation 21, be valid for a period not exceeding 1 calendar month, expiring at the end of the last day of the month for which it is issued; and (L.N. 71 of 1999) (c) may from time to time be renewed.(3) An application for the issue or renewal of a mobile crane permit shall be made in writing to the Director in such manner as he may specify. (4) There shall be payable in respect of a mobile crane permit such fees as may be prescribed. (5) The Director may at any time permit the substitution of another mobile crane for the mobile crane specified in a mobile crane permit, and if he so permits shall endorse the permit accordingly. (6) Subject to paragraph (7), any person who operates a mobile crane or causes or permits a mobile crane to be operated within a public cargo working area or public water-front without a valid mobile crane permit issued in respect of the mobile crane, shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (L.N. 71 of 1999) (7) Paragraph (6) shall not apply to a person who has been issued with an operation area permit which is valid in respect of the public cargo working area or public water-front. (L.N. 71 of 1999) (L.N. 125 of 1985) Cap 81A reg 7B Fork lift truck permits (1) The Director may issue a fork lift truck permit to any person to operate a fork lift truck on land within a public cargo working area or public water-front specified in the permit. (2) A fork lift truck permit- (a) shall be valid only- (i) for the public cargo working area or public water-front specified in the permit; and (ii) for the fork lift truck specified in the permit or any fork lift truck substituted therefor under paragraph (5);(b) shall, unless earlier cancelled under regulation 21, be valid for a period of 1 calendar month or for such lesser period as may be specified in the permit; and (c) may from time to time be renewed.(3) An application for the issue or renewal of a fork lift truck permit shall be made in writing to the Director in such manner as he may specify. (4) There shall be payable in respect of a fork lift truck permit such fees as may be prescribed. (5) The Director may at any time permit the substitution of another fork lift truck for the fork lift truck specified in a fork lift truck permit, and if he so permits shall endorse the permit accordingly. (6) Subject to paragraph (7), any person who operates a fork lift truck or causes or permits a fork lift truck to be operated in a public cargo working area or public water-front without a valid fork lift truck permit issued in respect of the fork lift truck, shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (L.N. 71 of 1999) (7) Paragraph (6) shall not apply to a person who has been issued with an operation area permit which is valid in respect of the public cargo working area or public water-front. (L.N. 71 of 1999) (L.N. 125 of 1985) Cap 81A reg 7C Mobile office and mobile shelter permits (1) The Director may issue a permit to any person to keep a mobile office or mobile shelter on land within a public cargo working area or public water-front. (2) A mobile office permit or mobile shelter permit- (a) shall be valid only- (i) for the public cargo working area or public water-front specified in the permit; and (ii) for the mobile office or mobile shelter specified in the permit or any mobile office or mobile shelter substituted, respectively, therefor under paragraph (5);(b) shall, unless earlier cancelled under regulation 21, be valid for a period not exceeding 1 calendar month, expiring at the end of the last day of the month for which it is issued; and (L.N. 71 of 1999) (c) may from time to time be renewed.(3) An application for the issue or renewal of a mobile office permit or mobile shelter permit shall be made in writing to the Director in such manner as he may specify. (4) There shall be payable in respect of a mobile office permit or mobile shelter permit such fees as may be prescribed. (5) The Director may at any time permit the substitution of another mobile office or mobile shelter for the mobile office or mobile shelter, respectively, specified in the mobile office permit or mobile shelter permit, and if he so permits shall endorse the permit accordingly. (6) A mobile office or mobile shelter in respect of which a mobile office permit or mobile shelter permit is issued shall be kept at such place as is specified in the permit, or where no such place is specified, as is directed by a supervisor. (7) Subject to paragraph (7A), any person who- (L.N. 71 of 1999) (a) keeps a mobile office or mobile shelter in a public cargo working area or public water-front without a valid mobile office permit or mobile shelter permit issued in respect of the mobile office or mobile shelter, as the case may be; or (b) without reasonable excuse, fails to comply with a specification or direction under paragraph (6),shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (7A) Paragraph (7) shall not apply to a person who has been issued with an operation area permit which is valid in respect of the public cargo working area or public water-front. (L.N. 71 of 1999) (8) The Director may direct the owner or person in charge of a mobile office or mobile shelter in respect of which an offence is committed under paragraph (7) to remove the mobile office or mobile shelter from the public cargo working area or public water-front within such time as the Director may specify in the direction. (9) If a direction under paragraph (8) is not complied with, the Director may remove, or cause to be removed, the mobile office or mobile shelter from the public cargo working area or public water-front and may recover the cost of the removal as a civil debt from the owner of the mobile office or mobile shelter. (L.N. 125 of 1985) Cap 81A reg 7D Operation area permits (1) The Director may, upon application and on payment of the fee prescribed in the Schedule by any person, issue to the person an operation area permit to permit him to- (a) deposit any cargo or cargo container; (b) operate a mobile crane; (c) operate a fork lift truck; (L.N. 279 of 1999) (d) keep a mobile office or mobile shelter; and (L.N. 279 of 1999) (e) van or devan a cargo container not across a seawall, (L.N. 279 of 1999)within the area specified in the permit forming part of a public cargo working area or public water-front. (2) An operation area permit- (a) shall be valid only in respect of the public cargo working area or public water-front specified in the permit; and (b) shall, unless earlier cancelled under regulation 21, be valid for a period not exceeding 1 calendar month, expiring at the end of the last day of the month for which it is issued; and (c) may from time to time be renewed.(3) An application for the issue or renewal of an operation area permit shall be made to the Director in such manner as he may specify. (L.N. 71 of 1999) Cap 81A reg 7E Vanning and devanning permits (1) The supervisor may, upon application by any person and on payment of the prescribed fee, issue to that person a vanning and devanning permit to van or devan not across a seawall a cargo container specified in the permit, within a public cargo working area or public water-front specified in the permit. (2) A vanning and devanning permit is valid- (a) only for the public cargo working area or public water-front specified in the permit; and (b) until the vanning or devanning of the container specified in the permit is completed.(3) Subject to paragraph (4), any person who vans or devans a container within a public cargo working area or public water-front without a valid vanning and devanning permit is guilty of an offence and is liable on conviction to a fine of $5000. (4) Paragraph (3) does not apply to a person who has been issued with an operation area permit which is valid in respect of the public cargo working area or public water-front. (L.N. 279 of 1999) Cap 81A reg 8 Prohibition of sale, etc., of cargo (1) No person shall sell or otherwise deal in cargo- (a) in a public cargo working area or public water-front; or (b) in any vessel or vehicle in such an area or water-front.(2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. Cap 81A reg 9 Inspection, etc. of cargo (1) No person shall, unless he is authorized in writing by the Director, engage in the inspection, weighing or measurement of cargo or cargo containers in a public cargo working area or public water-front. (2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000. Cap 81A reg 10 Prohibition of certain vehicles at public water-fronts (1) Subject to paragraph (1A), no person shall bring any vehicle other than a goods vehicle, or cause any vehicle other than a goods vehicle to be brought, into a public water-front. (L.N. 125 of 1985) (1A) Paragraph (1) shall not apply to a mobile crane or fork lift truck. (L.N. 71 of 1999) (2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. Cap 81A reg 11 Movement of vessels or vehicles (1) Without prejudice to any other provision of these regulations, a supervisor may require the person in charge of a vessel, or the driver of a vehicle, in a public cargo working area or public water-front to move the vessel or vehicle from one place within the public cargo working area or public water-front to another. (L.N. 332 of 1982) (2) The person in charge of a vessel, or the driver of a vehicle, in a public cargo working area or public water-front shall at all reasonable times attend at the place where the vessel is berthed or the vehicle is parked or kept waiting: Provided that this paragraph shall not apply where a vessel is berthed or a vehicle is parked at a place set aside by the Director in which vessels may be berthed or vehicles may be parked unattended. (3) If the person in charge of a vessel or the driver of a vehicle- (a) fails to move his vessel or vehicle in accordance with a requirement under paragraph (1); or (b) is not in attendance in accordance with paragraph (2),he shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. (L.N. 332 of 1982) (4) Where a supervisor has reason to believe that an offence has been committed under paragraph (3) he may, with the assistance of any other person, move the vessel or vehicle referred to in that paragraph from one place in the public cargo working area or public water-front to another. (L.N. 332 of 1982) Cap 81A reg 11A Removal of vessels (1) Without prejudice to any other provision of these regulations, the Director may, where any vessel enters, or remains in, a public cargo working area or public water-front in contravention of these regulations, direct the owner or the person in charge of such vessel to remove the vessel from the public cargo working area or public water-front within such time as the Director may specify in the direction. (2) If the owner or the person in charge of a vessel fails, without reasonable excuse, to comply with a direction given under paragraph (1), he shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. (3) Where the Director has reason to believe that an offence has been committed under paragraph (2) he may, whether or not any person is or will be prosecuted for that offence, remove such vessel or cause it to be removed from the public cargo working area or public water-front and may take possession of the vessel or cause possession of it to be taken for the purposes of such removal. (4) The Director may recover the cost of any action taken or caused to be taken under paragraph (3) as a civil debt from the owner of the vessel in respect of which the action was taken. (L.N. 332 of 1982) Cap 81A reg 12 Prohibition of rickshaws, handcarts, etc. (1) No rickshaw, trolley, handcart or other similar form of conveyance shall be brought into, or used for the conveyance of cargo or cargo containers in, a public cargo working area or public water-front. (2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. Cap 81A reg 13 Entry of vehicles, etc. PART IV PUBLIC CARGO WORKING AREAS (1) No person shall- (a) bring a goods vehicle, or cause or permit a goods vehicle to be brought into a public cargo working area ; or (b) cause or permit a goods vehicle to remain in a public cargo working area,without a valid vehicle entry ticket issued in respect of the vehicle. (L.N. 226 of 1984; L.N. 71 of 1999) (2) Subject to paragraph (2A), no person shall bring any vehicle other than a goods vehicle, or cause any vehicle other than a goods vehicle to be brought, into a public cargo working area without the permission, in writing, of the Director. (L.N. 125 of 1985) (2A) Paragraph (2) shall not apply to a mobile crane or fork lift truck. (L.N. 71 of 1999) (3) The driver of a goods vehicle in a public cargo working area shall not use the vehicle or cause or permit the vehicle to be used in the loading or unloading of any cargo or cargo container unless a vehicle entry ticket has been issued in respect of the vehicle. (L.N. 71 of 1999) (4) Any person who contravenes paragraph (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. (L.N. 332 of 1982) Cap 81A reg 14 Vehicle entry tickets (1) Subject to paragraph (2), a supervisor in a public cargo working area may issue to the driver of a goods vehicle a vehicle entry ticket entitling the driver, subject to these regulations- (a) to use the vehicle in the loading or unloading of cargo or cargo containers; and (b) to keep the vehicle parked or waiting in parking and waiting facilities,in the public cargo working area. (L.N. 71 of 1999) (2) A vehicle entry ticket may only be issued in respect of a goods vehicle within the meaning of paragraph (a) of the definition of "goods vehicle" in regulation 2. (3) A vehicle entry ticket shall be endorsed with the date and time of issue. (L.N. 71 of 1999) (4) (Repealed L.N. 71 of 1999) (5) Where a goods vehicle is to be removed from a public cargo working area, any vehicle entry ticket issued in respect of the vehicle shall be presented at such place as shall be provided at the public cargo working area, where the ticket shall be marked with the time of presentation and the prescribed fee incurred between that time and the time of issue and, on demand, such fee shall be paid by the person presenting the ticket. (6) Where a ticket has been presented under paragraph (5) and the prescribed fee paid, the goods vehicle shall be removed from the public cargo working area as soon as is practicable thereafter and in any case within 15 minutes of the latest time marked on the ticket and the driver of the vehicle shall surrender the ticket at the exit gate. (7) If the goods vehicle is not removed from the public cargo working area within the time specified in paragraph (6) the appropriate prescribed fee shall be paid in respect of the further period (after the time of presentation marked on the ticket under paragraph (5)) during which the vehicle remains in the public cargo working area. (8) No goods vehicle in respect of which a vehicle entry ticket has been issued shall be removed from a public cargo working area before the ticket has been presented and all prescribed fees incurred in respect of the vehicle under this regulation have been paid. (9) Where paragraph (8) is contravened the driver of the vehicle at the time of the contravention shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (10) Any vehicle entry ticket issued in respect of a goods vehicle shall be displayed on the lower left-hand side of the vehicle's windscreen in such a manner that it is clearly visible from the front of the vehicle. (11) Where paragraph (10) is contravened the driver of the vehicle in respect of which the contravention occurs shall be guilty of an offence and shall be liable on conviction to a fine of $1000. (L.N. 226 of 1984; L.N. 71 of 1999) Cap 81A reg 15 Compliance with parking and other signs (1) The driver of a vehicle in a public cargo working area shall- (a) not park the vehicle or cause or permit the vehicle to wait except in such place in the public cargo working area as a supervisor may direct; (b) comply with all signs and signals exhibited in the public cargo working area for the regulation of vehicles therein.(2) The driver of a vehicle shall not park the vehicle or cause or permit the vehicle to wait in a public cargo working area in such manner that the vehicle unnecessarily projects over any line or other mark which divides the space in which the vehicle is parked or kept waiting from any other place. (3) The driver of a vehicle who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $2000. Cap 81A reg 16 Power to remove persons (1) A supervisor may require any person who is found loitering in a public cargo working area and who cannot give a satisfactory account of himself to leave the public cargo working area. (2) A supervisor may prohibit any person who does not have a satisfactory reason for being in a public cargo working area from entering the public cargo working area, either by land or sea. (3) Any person who- (a) fails to leave a public cargo working area when required to do so under paragraph (1); or (b) enters a public cargo working area when prohibited from doing so under paragraph (2),shall be guilty of an offence and shall be liable on conviction to a fine of $2000 and to imprisonment for 3 months. Cap 81A reg 17 Supply of particulars of cargo PART V MISCELLANEOUS PROVISIONS (1) The Director may require the owner or person in charge of any cargo loaded or unloaded in a public cargo working area or public water-front to supply to him any or all of the following particulars in respect of such cargo- (a) its nature; (b) its quantity or weight; (c) its origin; (d) its destination; (e) such other particulars as the Director may specify.(2) Any person who contravenes a requirement under paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $2000 and to imprisonment for 3 months. Cap 81A reg 18 Production of permits or tickets (1) A supervisor may require- (a) the person in charge of a mobile office or mobile shelter, or a vessel; or (b) the driver or operator of a vehicle,in a public cargo working area or public water-front to produce to him any written permission, permit or ticket issued under these regulations in respect of the mobile office or mobile shelter, or vessel or vehicle, as the case may be. (2) The person in charge of a mobile office or mobile shelter, or a vessel, or the driver or operator of a vehicle, who contravenes a requirement under paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $2000. (L.N. 125 of 1985) Cap 81A reg 19 (Repealed) (Repealed L.N. 332 of 1982) Cap 81A reg 20 Obstruction Any person who obstructs the Director or a supervisor in the exercise of any power or the performance of any duty under these regulations shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. Cap 81A reg 21 Form, conditions and cancellation of permits, etc. (1) A permit or ticket issued under these regulations shall be- (a) in such form as the Director may think fit; and (b) subject to the conditions (if any) endorsed thereon.(2) Any person who contravenes a condition of a permit or ticket issued under these regulations, or causes or permits a condition of any such permit or ticket to be contravened, shall be guilty of an offence and shall be liable on conviction- (a) where the contravention relates to a permit, to a fine of $5000; or (b) where the contravention relates to a ticket, to a fine of $2000.(3) Without prejudice to paragraph (2), the Director may at any time, where in his opinion- (a) any condition of a permit issued under these regulations in respect of a mobile office or mobile shelter, or a vehicle or vessel, is contravened; or (b) a mobile office or mobile shelter, or a vehicle or vessel is involved in a contravention of any provision of these regulations,by notice in writing to the owner or person in charge of the mobile office or mobile shelter, or the vessel, or the owner, driver or operator of the vehicle, cancel the permit. (L.N. 125 of 1985) (4) Without prejudice to paragraph (2), the Director may at any time, where in his opinion a condition of an operation area permit is contravened, by notice in writing to the person to whom the permit is issued, cancel the permit. (L.N. 71 of 1999) (L.N. 332 of 1982) Cap 81A reg 21A Right of appeal Any person aggrieved by a decision made in respect of him by the Director or the supervisor under regulation 4A(4), 5B, 6AA, 7, 7A, 7B, 7C, 7D, 7E, 13 or 21 may appeal to the Administrative Appeals Board. (L.N. 279 of 1999) Cap 81A reg 22 Fees and charges (1) The fees and charges prescribed in the Schedule shall be payable in respect of the matters specified therein. (2) Unless otherwise permitted by the Director, the fee payable in respect of a berthing permit and the surcharge payable under regulation 5C(5) shall be paid daily in advance. (3) The Director may waive the payment of any fee or charge payable under these regulations, or remit, in whole or in part, any fee or charge so paid, except that- (a) no fee in respect of a berthing permit shall be remitted; (b) no surcharge paid under regulation 5C(5) shall be remitted unless any day or part thereof falling within the appropriate period free of surcharge under regulation 5C(6) is declared by the Director to be a non-working day due to weather conditions; and (L.N. 226 of 1984) (c) no fee paid in respect of an operation area permit, a mobile crane permit, a fork lift truck permit, a mobile office permit or a mobile shelter permit shall be remitted where the permit is cancelled under regulation 21. (L.N. 125 of 1985; L.N. 71 of 1999) (L.N. 332 of 1982) Cap 81A SCHEDULE [regulations 5C, 7D & 22] FEES AND CHARGES In this Schedule- (a) a reference to a period of time includes a part of the period; (b) a reference to a dimension or an amount includes a part of the dimension or amount; (c) a reference to a measurement of a vessel means the measurement as shown in its licence book or Certificate of Registry; and(d) "month" (月) means a calendar month. $ 1. Berthing Permit- (a) Daily Fees- (i) for each 8 m in length of a vessel to be berthed alongside the seawall ... (ii) for each 8 m in breadth of a vessel to be berthed end on to the seawall .(b) Daily Surcharge- (i) for each 8 m in length of a vessel to be berthed alongside the seawall for the 1st and 2nd surcharged days per day ................................... and for the 3rd and subsequent surcharged days per day .................(ii) for each 8 m in breadth of a vessel to be berthed end on to the seawall for the 1st and 2nd surcharged days per day ....................... and for the 3rd and subsequent surcharged days per day ................ 60 60 365 730 365 730 2. (Repealed L.N. 71 of 1999) 3. Cargo Depositing Permit- (a) for China trade cargo per tonne ........................................................... (b) for other cargo or cargo container per m2 of land occupied ................... 3.5 90 4. Mobile Crane Permit per month ............................................................................................... 9680 5. Fork Lift Truck Permit- the lesser of- (a) per month ......................................................................................... (b) per day ............................................................................................. 7870 400 6. Mobile Office Permit- (a) standard wooden per month ................................................................ (b) standard 20 ft. container per month ..................................................... 2000 4540 7. Mobile Shelter Permit per month .............................................................................................. 570 8.-9. (Repealed L.N. 71 of 1999) 10. For the release of any cargo or cargo container seized under section 5 of the Ordinance per m2 of land occupied per day ......................................... 280 11. For the issue of any permission in writing under regulation 6AA ................ 305 12. For the issue of a duplicate or replacement ticket, permit or other written permission .............................................................................................. 150 13. For the issue of a permission for loading or unloading cargo or cargo containers after operation hours ............................................................... 245 14. Vanning and Devanning Permit per cargo container per operation per day ...... 365 15. Vehicle Entry Ticket- (a) for each hour during the period from 8.00 a.m. to 6.00 p.m. ................... 33 (b) for each hour during the period from 6.00 p.m. to 8.00 a.m. ................... but each ticket is subject to a maximum of (L.N. 71 of 1999) ............... 33 85 16. Operation Area Permit per m2 of area per month (L.N. 71 of 1999) ............................................. 10 (L.N. 252 of 1992; L.N. 338 of 1993; L.N. 419 of 1993; L.N. 513 of 1994; L.N. 321 of 1995; L.N. 480 of 1995; L.N. 71 of 1999; L.N. 279 of 1999)
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