FERRIES ORDINANCE

FERRIES ORDINANCE

CHAPTER 104.

FERRIES.

To regitlate ferries and ferry piers.

[3oth November, 1917.]

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

2. (1) In this Ordinance

'ferry' means any service, conducted by means of a vessel or vessels
propelled by any mcans 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 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;

'ferry pier' rneans any pier which is used for the purposes of a ferry.

'ferry vessel' means any vessel which is employed for the purpose of
a ferry;

'illegal ferry' means a ferry which is maintained in contravention of
section 3;

(2) Any 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 any
owner of a ferry vessel, or if the vessel is under charter, any 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 subsection (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 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
sonic point or points outside that area.

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

5. The Governor in Council may, by regulations provide for--

(a) licensing and regulating ferries and ferry ' ferry vessels;

(b)defining the conditions of any licence to be issued tinder
this Ordinance;

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

(d) declaring the areas to which section is to apply;

(e)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;

(f) granting exclusive rights of maintaining ferries;

(g) regulating ferry piers; and

(h)generally for the purpose of carrying into effect the
provisions of this Ordinance.

6. Any 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. Any person who is guilty of an offence against this Ordinance
shall upon summary conviction be liable to a fine of 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
Police 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 any lease to the said
company of the said pier situate opposite to Ice House Street
aforesaid.
Originally 28 of 1917. Fraser 28 of 1917. Short title. Interpretation. [s. 2 cont.] No unlicensed ferry to be maintained in certain areas. Issue of licence discretionary. Regulations. Offences. Penalty. Seizure of ferry vessel. Exemption.

Originally 28 of 1917. Fraser 28 of 1917. Short title. Interpretation. [s. 2 cont.] No unlicensed ferry to be maintained in certain areas. Issue of licence discretionary. Regulations. Offences. Penalty. Seizure of ferry vessel. Exemption.

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