FERRIES REGULATIONS

FERRIES REGULATIONS

FERRIES.
Subsidiary legislation under this Chapter, with subsequent
amendments (if any) incorporated, is set out as
follows-
Page
Ferries Regulations 198
Excluded Ferries (No. 1) Regulations 212
Excluded Ferries (No. 2) Regulations 213
Excluded Ferries (No. 3) Regulations 214

FERRIES REGULATIONS.
(Cap. 104, section 5).
(Ordinance No. 28 Of 1917).

[21st November, 1930.]

Ferries.
1. (1) Section 3 of the Ordinance, is hereby declared to apply to
the waters of the Colony.
(2) This declaration shall not have the effect of prohibiting the
maintenance of any ferry between any single point in the waters of the
Colony and any point or points outside the Colony.
(3) Any ferry point may be a point of radiation common to or used
by more than one ferry.

2. These regulations shall apply to every ferry or group of ferries,
and to every licence under the Ordinance, for the exclusive maintenance
of any ferry or group of ferries.





Licensing of ferries.
3. Unless otherwise ordered by the Governor in Council in any
particular case, no such licence shall be granted unless it has been put
up to public tender.

4. Subject to these regulations, the term for which any such licence
shall be granted shall be one year or such longer period not exceeding
fifteen years as shall be stated in the notice inviting tenders: Provided
that the Governor in Council may, for such reasons as he considers
sufficient, at any time during the subsistence of any licence extend such
licence for a period not exceeding six years at any one time: Provided
further that such extensions together with the period for which the
licence was granted shall not in any case exceed in the whole a period of
eighteen years.

5. Every licence as aforesaid shall be for a ferry or group of ferries
from and to particular points or piers, within particular localities or
frontages. Such points or piers and localities or frontages shall be
specified in the respective licences.

6. In every case of tender the notice inviting tenders, which shall
be published in the Gazette, shall state
(a)the date on which the term is to commence;
(b)the points or piers, and the localities or frontages within
which such points or piers are;
(c)the service to be provided;
(d)the passenger fares and other charges which may be
demanded and taken;
(e)the security to be furnished by the successful tenderer;
(f)whether a monthly rent, or a rent and/or royalty is to be
offered; and
(g)whether the tenders shall be scaled or open.

7. Every tender shall state the monthly rent offered, or the monthly
rent and/or royalty, as the case may be. Rent shall be payable in
advance on the first day of each month from the commencement of the
term, and royalty, if any, shall be payable as specified in the relevant
licence.





8. No tender shall offer any premium or consideration for the
licence other than the monthly rent, or rent and/or royalty, as the case
may be.

9. A deposit of $ 1,000 shall be made to the Accountant General
with each tender.

10. Every licence shall be granted by the Colonial Secretary who
shall first obtain the approval of the Governor in Council.
11. The Colonial Secretary shall not be bound to accept the
highest or any tender.


12. The deposit shall be returned in the case of every unsuccessful
tender after notice of the non-acceptance of the tender has been posted
to the tenderer.

13. In the case of a successful tender the deposit shall, not be
returned, and the licence shall not be issued, unless and until the
tenderer has furnished such security as may be required in the notice
inviting such tender.

14. Such security shall be furnished within fourteen days after the
posting to the successful tenderer of a notice of acceptance of his
tender.

Conditions of licences.
15. Every licence granted to a successful tenderer shall be subject
to the following conditions
(a) the licensee shall provide, by a date stated in the notice
inviting tenders, ferry vessels of such number, dimensions
and designs as shall be specified in such notice or as may be
otherwise agreed on. No ferry vessel shall be placed on the
service until such vessel has been approved by the Director
of Marine, and after such approval no alteration shall, without
the permission of the Director of Marine be made in any such
ferry vessel while such vessel is employed on the service;
(b) if during the subsistence of the licence it is necessary in the
opinion of the Governor in Council to increase the number of
ferry vessels or to substitute





other ferry vessels for any which may have been lost or
withdrawn or become unsuitable, the licensee shall, within
such period as the Governor in Council may think fit, provide
additional or substituted ferry vessels of such number,
dimensions, speed and design as the Governor in Council
may approve;
(c)the licensee shall provide such an additional number of ferry
vessels of approved dimensions and design as may be
specified by the Governor in Council. Such additional ferry
vessels shall be maintained as a reserve for the due
maintenance, but not for the increase, of the ferry service;
(d)the licensee shall maintain the ferry vessels in a state of
seaworthiness and efficiency to the satisfaction of the
Director of Marine.
(e)the licensee shall provide for each ferry vessel other than a
ferry vessel in reserve, if a steam vessel, not less than two
conswains, two engineers, two stokers and four seamen and
if a motor vessel such personnel as the Director of Marine
may direct;
(f)the licensee shall publish a schedule, subject to the approval
of the Director of Marine, stating the intended times of
departure from every ferry, point or pier;
(g)the licensee shall forfeit to the Crown a sum Of $25 for each
occasion that a ferry vessel is more than fifteen minutes later
than the schedule time in departing from any ferry point or
pier, and an additional sum Of $25 for each additional period of
fifteen minutes after the first, if the delay or omission to run
the ferry vessel is not due to accident or weather: Provided
that, unless in the opinion of the Director of Marine such
delay or omission to run is wilful, the total penalty for each
default shall not exceed $250;
(h)the licensee shall forfeit to the Crown a SUM Of $25 for each
occasion that a ferry vessel departs before the schedule time,
if the early departure is not due to accident or weather;
(i)the service provided shall be for the carriage of [here insert
passengers only, or passengers and (insert particulars), as
the case may be] ;





(j)the service provided by the said schedule shall provide for
not less than the following departures daily from each of the
ferry points or piers
[here insert the particulars appearing in the notice inviting tenders];
(k)the licensee shall make use of, for the purposes of the ferry or
group of ferries, the following ferry points or piers [here insect the particulars appearing in the notice inviting tenders] ;
(l)should the Governor in Council decide at any time during the
subsistence of the licence, whether at the request of the
licensee or of his own motion, to assign other ferry points or
piers, or localities or frontages, for the use of a ferry in
addition to or substitution for those hereinbefore specified,
the licensee shall be bound to include such points or piers in
his service and to accept such localities or frontages, on terms
to be agreed upon or failing agreement to be determined by
arbitration under the provisions of these regulations;
(m)the licensee shall not assign or transfer his licence without the
permission of the Governor in Council;
(n)the licensee may temporarily suspend his service or any part
thereof while the black typhoon signals remain hoisted or
when the weather conditions are such as to render its
continuance unsafe;
(o)this licence is subject to all regulations for the time being in
force relating to ferries.

Fares and charges.
16. (I) The licensee of a ferry or group of ferries shall not demand or
take, for passengers, vehicles, animals, packages or things for which he
is required to provide a service, fares or charges exceeding the fares or
charges stated in his licence or such substituted, altered, amended,
increased, modified or additional fares and charges as may from time to
time and for the time being be fixed by the Governor in Council and
deemed by him to be fair and reasonable





having regard as well to the licensee as to the general public.
(2) Nothing in this regulation shall be deemed to limit the right of
the licensee to issue season tickets or punch tickets covering a number
of journeys.
17. The licensee shall permit any passenger to take with him on a
ferry vessel as free personal luggage such small baskets, bags or parcels
as he may be able to carry by hand. Save and except such free personal
luggage the licensee shall only be bound to carry vehicles, animals,
packages and things contemplated by the service to be provided. If he
does carry other cargo he shall do so at rates not exceeding those (if any)
specified in his licence in respect of such other cargo.
18. The licensee shall exhibit in a conspicuous situation in each
class of every ferry vessel a list printed in the English and Chinese
languages of all the fares and charges authorized to be taken.

Regulations as to passengers, etc.
19. The licensee shall not carry or attempt to carry passengers or
vehicles in excess of the authorized complement of any ferry vessel.
20. The licensee shall not load or allow to be loaded any ferry
vessel so as to cause danger to the vessel or persons or vehicles on
board.
21. Except with the express permission of the Director of Marine
and in accordance with any conditions imposed by him the licensee
shall not permit any ferry vessel to carry offensive cargo or to tow any
craft.
22. No person shall travel or attempt to travel in or bring any
vehicle on board any ferry vessel after being warned by any servant of
the licensee that such ferry vessel contains the full complement of
passengers or vehicles.
23. No person shall smoke or carry any lighted pipe, cigar or
cigarette in any part of a ferry vessel marked NO SMOKING.





24. No person shall take on any ferry vessel as personal luggage
anything other than small hand baskets, bags or parcels of a form or
description not calculated to annoy or inconvenience other passengers.
The personal luggage taken by any one person shall not exceed in the
aggregate 28 lb. in weight, or one cubic foot in measurement. All such
personal luggage shall be carried by hand and be under the personal
care and control of the person taking the same; it shall not occupy any
part of a scat.

25. No person shall trespass on any pier or part of a pier or other
place exclusively reserved for a ferry.

26. No person shall stand upon any seat or place his feet on any
scat on a ferry vessel or ferry pier.

27. No person shal! alight or attempt to alight from or enter or
attempt to enter any ferry vessel while in motion, or alight or attempt to
alight from or enter or attempt to enter any ferry vessel except by the
proper entrances or exits, and no person shal! open or remove or
attempt to open or remove or climb over or attempt to climb over any
gate or barrier erected on any ferry pier.

28. Every holder of a monthly or season ticket-
(a)shall for the purpose of identification sign all monthly or
season tickets purchased by him ;
(b)entering upon any ferry pier for the purpose of travelling on
any ferry vessel, or travelling upon any ferr y vessel, shall on
demand show and hand over for. examination his monthly or
season ticket to any servant of the licensee or in default shall
pay the same fare for the journey as that legally demandable
from a passenger who is not a monthly or season ticket
holder.

29. No person shall travel on any special ferry vessel (unless the
same is advertised as being for the public use) except by permission of
the person who hired or engaged such ferry vessel.

30. Holders of monthly or season tickets shall not travel on any
special ferry vessels which are advertised as being for





the public use without paying the same fare and in the same manner as
persons other than monthly or season ticket holders.

31. No person shall travel in a class superior to that for which his
ticket is issued.

32. No person shall embark on or disembark from any ferry vessel
from or to any sampan, boat or other craft if any other means of
embarkation or disembarkation is provided.

33. No person shall wilfully obstruct any person acting under the
authority of the licensee in the lawful discharge of his duties.

34. No person shall embark on or travel by any ferry vessel without
having first paid his proper fare. All tickets issued in exchange for such
payment (with the exception of monthly or season tickets) shall be
handed to the ticket collector on the wharf for checking and must be
surrendered to the ticket collector on board the ferry vessel. In the class
or classes for which no tickets are issued in exchange for such payment
each passenger shall, before embarking, pass through the appropriate
turnstile situate on the ferry pier.

35. No person shall use or attempt to use any monthly or season
ticket unless it has been issued to him in his own name and unless his
own name and signature appear on the face thereof and no holder of a
monthly or season ticket shall sell or transfer or attempt to sell or
transfer the same to any person.

36. Any reference in these regulations to the holder of a monthly or
season ticket shall be deemed to refer to and include any person to
whom and in whose name the company issues a monthly or season
ticket and whose name and signature appear on the face thereof.

37. No intoxicated person shall travel or attempt to travel on any
ferry vessel.
38. No launch, sampan, boat or other craft shall make fast to, or use
or embark or disembark passengers at any ferry pier.





39. No person shall swear or use obscene or offensive
language whilst in or upon any ferry vessel or any ferry pier, or
commit any nuisance in, on, from or against any ferry vessel or
any ferry pier or premises.

40. No person shall spit in, on, from or against any ferry
vessel or any ferry pier or premises.

41. No person whose dress or clothing might, in the opinion
of any inspector or collector of the licensee, soil ol- injure the
seats or fittings of a ferry vessel or ferry pier, or the dress or
clothing of any passenger, and no person who in the opinion of
any inspector or collector of the licensee, might for any other
reason be offensive to passengers, shall enter upon any ferry pier
or travel in any ferry vessel and it shall be lawful for any servant
of the licensee to prevent any such person from so doing.

42. No person except a passenger, an intending passenger or
police and revenue officers in the active pursuance of their duty
shall enter upon any ferry vessel or any ferry pier. Nothing
contained in this regulation shall be deemed to authorize any
police or revenue officer to enter upon any of the ferry vessels or
upon any ferry pier except upon duty and for the purpose of
performing sonic act in pursuance of that duty.

43. No person shall stand upon the gangway or other
appliance of any ferry vessel or otherwise impede or hamper
in any way the movements of any such gangway or
appliance.

44. No passenger shall enter upon the bridge or wheel-house
or engine room of any ferry vessel, or on any part of a ferry
vessel which is marked NO ADMITTANCE.

45. No person shall take a dog or other animal in or upon any
ferry vessel or ferry pier except on a lead and after first having
obtained permission from the collector on duty at the ferry pier to
do so. Any dog or animal taken into or upon any ferry vessel or
ferry pier shall be removed by the person in charge of such dog
or other animal from







the ferry vessel or ferry pier immediately on request by any
servant of the licensee and in default of compliance with such
request may be removed by or under the direction of any servant
of the licensee.
46. Every vehicle, before embarkation on any ferry vessel
provided for the transport of vehicles, shall pass over the weigh-
bridge and through the inclosed car park.
47. Every owner and driver of any vehicle which is
transported or is intended to be transported by any ferry vessel
shall
(a)exercise all due care and precautions in the handling of
the vehicle;
(b)if the vehicle is a motor vehicle, stop the engine thereof
as soon as the vehicle is on board and in position for
transport;
(c)obey all lawful instructions which may be given to him
or them by the servants of the licensee;
(d)pay the legal fare for the carriage of the vehicle, its
freight and passengers.
48. No vehicle shall pass along the ramp or the deck of a
ferry vessel at a greater speed than three miles per hour.
49. Every person to whom any ticket is issued in respect of a
fare paid shall on demand surrender the same, unmutilated, to
any servant of the licensee authorized to collect tickets.
50. If any servant of the licensee has reason to believe
that any person has committed or is committing a breach
of any regulation in this group of regulations, he shall
be entitled to ask such person for his name and address and any
such person shall on demand forthwith furnish to the servant of
the licensee his true name and his true address.
51. Nothing in this group of regulations shall be deemed to
relieve any person from any obligation under any other enactment
dealing with similar subject-matter and in force for the time being
and from time to time, or to override any such enactment.





Maintenance and user of ferry piers.
52. Piers employed for the - purpose of a ferry shall he
built (if necessary), adapted and maintained by the Govern-
ment free of cost to the licensee who shall not, subject
as hereinafter provided, be required to make any payment
for the use or repair thereof: Provided that in the event
of any damage being caused to any pier or any structure
erected thereon by the licensee, his servants or vessels,
other than fair wear and tear, of which the Director of
Public Works shall be the judge, then the licensee shall
on demand by the Director of Public Works forthwith pay
into the Treasury the amount of such damage as shall be
certified by the Director of Public Works. Such piers
shall be provided by the Government with such barriers,
gates, turnstiles, ticket offices and other superstructure as
may be necessary for the efficient working of the ferry.
Nothing in these regulations shall be deemed to require
the provision by the Government of a pier at each ferry
point.

Insufficient ferry service.
53. If it be represented in writing to the Governor in Council
by the Director of Marine or by fifiy inhabitant rate-payers that
the public are riot afforded the full benefit of a ferry, the
Governor in Council may (if satisfied that prima facie the case is
one for inquiry) appoint a person to inquire into the matter and
report thereon, and if the truth of the representation be proved the
Governor in Council may issue an order to the licensee requiring
him to provide such a service as will afford to the public the full
benefit of the ferry, and such order may prescribe the number of
ferry vessels which the licensee shall run and the times at which
they shall be run. Every such order shall be posted to the licensee
at his last known address and published in the Gazette . Provided
that the Governor in Council shall before issuing any such order
be satisfied that under good and economical management the
prescribed service will be fairly remunerative to the licensee; and
that, after the licensee has complied with such order for not less
than thirty days, the Governor in Council may on the application
of the licensee revoke or modify any such order.





54. If for the period of three months after the posting of such order
and its publication in the Gazelle the licensee fails or neglects to
comply therewith, the ferry shall be deemed to have been discontinued
and shall be dealt with accordingly.

Discontinuance of a ferry.
55. (1) If in the opinion of the Governor in Council the licensee
has discontinued the working of the ferry or any part thereof for a
period of fourteen days the Governor in Council may, by order declare
that the powers and privileges of the licensee in respect of the ferry or
part thereof so discontinued shall from the date of the order be at an
end, and thereupon all the powers and privileges of the said licensee in
respect of the said ferry or part thereof shall cease and determine.
(2) If in the opinion of the Governor in Council the licensee has
discontinued the working of the ferry or any part thereof for any period
whatsoever it shall be lawful for the Governor in Council
notwithstanding the subsistence of such licence to make such
arrangements as he may think fit in the public interest for the temporary
maintenance of such ferry or part thereof.
(3) Any net loss incurred by or on behalf of the Government in
consequence of the making of any such arrangement as is con
templated in paragraph (2) shall be recoverable by the Government from
the licensee.
(4) The fact that any such arrangement as is contemplated in
paragraph (2) has been made shall not prevent the running of the period
of fourteen days referred to in paragraph (1).
(5) This regulation shall not apply to any discontinuance which in
the opinion of the Governor in Council is due to circumstances beyond
the control of the licensee, but the want of sufficient funds shall not for
the purpose of this regulation be deemed to be a circumstance beyond
the control of the licensee.





Insolvency of the licensee.
56. If it appears to the Governor in Council that the licensee
is insolvent so that he is unable to maintain his ferry or any part
thereof or to work the same with advantage to the public, the
Governor in Council may inquire into the financial affairs of the
licensee, and if satisfied that the licensee is so insolvent as
aforesaid, may by order declare that the powers and privileges of
the licensee shall at the expiration of three months from the
making of the order be at an end, and the powers and privileges
of the licensee shall cease and determine at the expiration of the
said period.
Purchase of ferries.
57. The Governor in Council may, at the expiration of the
term of the licence or on the determination of the powers and
privileges of the licensee under the foregoing regulations or at any
time during the subsistence of' the licence on giving six months'
notice in the Gazette require the licensee to sell, and thereupon
the licensee shall sell, to the Government his undertaking and all
ferry vessels, materials, plant and equipment suitable to and used
by the licensee for the undertaking for and in consideration of the
then value of the same without any addition in respect of goodwill,
compulsory purchase, expectation or possibility of renewal, or of
any profits which might have been made frorn the undertaking :
Provided that if such notice is given during the subsistence of the
licence, the amount payable for the ferry vessels, materials, plant
and equipment shall be not less than the original value of the same
when acquired by the licensee less an allowance in respect of
reasonable wear and tear. In case of difference the value, shall
be determined by arbitration.

Arbitration.
58. Every arbitration under these regulations shall be heard
and determined by a board of arbitrators which shall in each case
consist of three members and be constituted :n manner following
(a)the chairman of the board shall be such judge as the
judges may mutually arrange;





(b)the two other members of the board shall consist of one
member to be nominated by the Governor and the other
by the licensee: Provided always that the member
nominated by the Governor may be any member of the
Colonial Civil Service;
(c)notice in writing of the nomination by the Governor of a
member of the board shall be forthwith given to the
licensee and shall be published in the Gazette and if he
does not nominate a member of the board within seven
days from the date of such publication, it shall be lawful
for the chairman to nominate and appoint any person,
other than a member of the Colonial Civil Service, on
behalf of such owner.

59. (1) The constitution of any board shall be notified in the
Gazette and within fourteen days from such notification it shall
commence its sittings at such time and place as the chairman
may appoint.
(2) The Governor may appoint some person to act as clerk to
a board and the Governor in Council shall determine his
remuneration.

(3) The remuneration of any member of a board shall be at a
rate according to the amount of work, the time occupied and the
magnitude of the interests involved and shall be determined in
each case by the chairman at the conclusion of the arbitration:
Provided that nothing herein shail authorize the payment of
remuneration to a public servant who is not permitted to receive
remuneration as a member of a board.

Temporary licences.
60. Notwithstanding anything in these regulations, it shall be
lawful for the Director of Marine to grant a temporary licence,
subject to such conditions as he may think fit, for the maintenance
of any ferry during such period as may be required for the steps
necessary for the issuing of a regular licence as contemplated by
these regulations.





Non-payment of rent or royalty.
61. If a licensee of any ferry in respect of which rent or
royalty is payable fails to pay any instalment of the rent or royalty
when due, it shall be lawful for the Governor in Council by order
to declare that the powers and privileges of the licensee in
respect of the said ferry shall upon a date specified in the said
order cease and determine; and all the said powers and privileges
of the said licensee shall absolutely cease and determine at
midnight on the said date.

Penalty.
62. Any person who acts in contravention of the regulations
mentioned hereunder shall be liable to a fine of one thousand
dollars
regulations 15, 16, 18 to 35, 37 to 50, and 60.

Citation.
63. These regulations may be cited as the Ferries
Regulations.

EXCLUDED FERRIES (NO. 1) REGULATIONS.
(Cap. 104, section 5).
(Ordinance No. 28 Of 1917).
[22nd August, 1947.]
1. These regulations may be cited as the Excluded Ferries
(No. 1) Regulations.

2. The ferry named hereunder is excluded from the operation
of the Ordinance, so long as
(a) no exclusive and conflicting licence is granted under the
said Ordinance; and
(b) only one, vessel is employed in the service; and
(c) the ferry adheres to a schedule approved by the
Director of Marine; and
(d) all directions given by the Director of Marine as to
terminal and intermediate (if any) places or ports of call
are complied with; and
Regulations Fraser, vol. 3, p. 854. G.N.A. 288/48. G.N.A. 75/51. (Cao. 104.)
G.N.A. 288/48.
[r. 15 cont.]
G.N.A. 75/51. G.N. 654/47. Citation. Ferry excluded from operation of Ordinance.

Regulations Fraser, vol. 3, p. 854. G.N.A. 288/48. G.N.A. 75/51. (Cao. 104.)
G.N.A. 288/48.
[r. 15 cont.]
G.N.A. 75/51. G.N. 654/47. Citation. Ferry excluded from operation of Ordinance.

https://oelawhk.lib.hku.hk/items/show/1826

1950

v9

104

15