FERRIES ORDINANCE, 1917

FERRIES ORDINANCE, 1917

No. 24 of 1917, incorporated in No. 9 of 1911,
repealed by No. 36 of 1931.

No. 25 of 1917, repealed by No. 39 Of 1935.

No. 26 of 1917, repealed by No. 5 Of 1924.

No. 27 of 1917, repealed by No.. 30 Of 1,923.

No. 28 of 1917.

*An Ordinance to regulate ferries and ferry piers.

[30th November, 1917.]

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

2.-(1) In this Ordinance,

(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
without the Colony or not and whether the points between which
the service is provided are varied from tline 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 :
(d) ' Ferry pier ' means any pier which is usei for the
purposes of a ferry.

As amended by No. 52 of 1935 [6.l2.35.]
A, mended by No. 52 of 1935 [6.12.35] and Law Rev. Ord., 1939.
. Supp. Sched.





(2) Every person who has at any time 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 unddr 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 proves 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 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.

3.-(1) No -person shall without a licence under this Ordin-
ance 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 from 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;

As amended by No. 52 of 1935 [6.12.35] and Law Rev. Ord., 1939,
Supp. Sched.





(6) for granting exclusive rights of maintaining ferries;

(7) for regulating ferry piers; and

(8) generally for the purpose 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
Commissioner of Police until the 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 Commissioner of P
olice may-release any such vessel so seized upon security to his
satisfaction being 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.

No. 29 of 1917, incorporated in No. 2 Of 1862,
.repealed. by No. 21 Of 1932.

No. 30 of 1917, incorporated in No. 32 Of 1915.
[13.9.35.] [Originally No. 28 of 1917. No. 18 of 1929. No. 52 of 1935. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. No unlicensed ferry to be maintained in certain areas. Issue of licence discretionary. Regulations. Offences. Penalty. Seizure of ferry vessel. Exemption.

[13.9.35.] [Originally No. 28 of 1917. No. 18 of 1929. No. 52 of 1935. No. 25 of 1937. Law Rev. Ord., 1939.] 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/1549

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