FERRIES ORDINANCE, 1917

FERRIES ORDINANCE, 1917

No. 28 of 1917.

An Ordinance to regulate ferries.

[30th November, 1917.]

1. This Ordinance may be cited as the Ferries Ordinance,
1917.

2.-(1) In this Ordinwice,

(a) Ferry means any service, conducted by means of a
vessel or vessels propelled by any means except oars and
sails, for the conveyance of persons or of persons and things,
by water, for payment or reward, between two or more points
within the Colony, whether such service is also to any point
or points withouit the Colony or not, and whether the points
between which the service is provided are varied from time
to time or not, but does not include the hiring of any vessel
to one person for a single journey, and does not include the
hiring of any vessel to a single pleasure party.

(b) Ferry vessel means any vessel which is employed
for the purpose of -a ferry.

(c) illegal ferry means a ferry which is maintained in
contravention of section 3.

(2) Every person who shall have been entitled to any share
in the profits of an illegal ferry shall be deemed to have
maintained such. ferry during the period in respect of which
he was so entitled, and every owner of a ferry vessel,. or, if
the vessel is -under charter, every charterer of the said vessel,
shall be presumed to have been entitled to a share in the
profits of the ferry until he shall prove affirmatively that he
was not entitled to any such share or that such vessel was
employed as a ferry vessel without his consent or connivance.

(3) Nothing contained in sub-section (2) shall be construed
as relieving from liability any person who, without being
himself entitled to any share in the profits of the ferry,
maintains any illegal ferry or counsels, procures, aids or
abets the maintaining of any illegal ferry.

As amended by Law Rev. Ord., 1924.





3.-(1) No person shall without a licence under this
Ordinance maintain a ferry in any area to which this section
is by any regulation made under this Ordinance declared to
apply.

(2) Any such regulation may provide that such declaration
shall not have the effect of prohibiting the maintenance of a
ferry between any single point or any particular points within
the area declared and some point or points outside that area.

4. The issue of any licence under this Ordinance shall be
subject to the absolute discretion of the Governor in Council.

5. It shall be lawful for the Governor in Council to make
regulations for any of the following purposes:-

(1) for licensing and regulating ferries and ferry vessels;

(2) for defining the conditions of any licence to be issued
under this Ordinance ;

(3) for prescribing the fees, rent or premium to be paid in
respect of any licence to be issued under this Ordinance;

(4) for declaring the areas to which section 3 is to apply;

(5) for excluding froin the operation of this Ordinance any
specified ferry or any ferry plying to or from any specified
point or points within or without the Colony;

(6) for granting exclusive rights of maintaining ferries;
and

(7) generally for the ptirpose of carrying into effect the
provisions of this Ordinance.


6. Every person who contravenes any of the provisions of
this Ordinance or of any regulation made thereunder, or of
any condition of any licence issued thereunder, shall be
deemed to be guilty of an offence against this Ordinance.

7. Every person who is guilty of an offence against this
Ordinance shall upon summary conviction be liable to a fine
not exceeding one thousand dollars.

8. Any police officer may seize any vessel which he may
reasonably suspect is being used to commit any offence
against this Ordinance and any vessel so seized may be
detained by the Captain Superintendent of Police until the

As amended by Law Rev, Ord., 1924.

conclusion of any proceedings taken under this Ordinance
and until the payment of any fine which may be imposed in
such proceedings: Provided that the Captain Superintendent
of Police may release any such vessel so seized upon security
to his satisfaction beinj provided for the pAyment of any fine
which may be imposed in such proceedings.

9. This Ordinance shall not apply to any ferry maintained
by the Star Ferry Company Limited between the pier situate
opposite to Ice House Street, Victoria, and the pier situate
at Kowloon Point and known as to its western portion as the
Star Ferry Pier and as to its eastern portion as the Railway
Pier, nor shall it affect any rights conferred on the said
Company by the terms of the lease to the said Company of
the said pier situate opposite to Ice House Street aforesaid.
[Originally No. 28 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. No unlicensed ferry to be maintained in certain areas. Issue of licence discretionary. Regulations. Offences. Penalty. Seizure of ferry vessel. Exemption.

[Originally No. 28 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. No unlicensed ferry to be maintained in certain areas. Issue of licence discretionary. Regulations. Offences. Penalty. Seizure of ferry vessel. Exemption.

https://oelawhk.lib.hku.hk/items/show/1313

1923

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No. 28 of 1917

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