PORT CONTROL (CARGO WORKING AREAS) ORDINANCE

PORT CONTROL (CARGO WORKING AREAS) ORDINANCE

LAWS OF HONG KONG

PORT CONTROL (CARGO WORKING AREAS)
ORDINANCE

CHAPTER 81





CHAPTER 81

PORT CONTROL (CARGO WORKING AREAS)

To provide for control of the use of water-front areas by persons,
vehicles and vessels and generally for con control of the handling
qf cargo in such areas.

[26 July 1974.]

1. This Ordinance may be cited as the Port Control (Cargo Working
Areas) Ordinance.

2. In this Ordinance. unless the context otherwise requires-

---berth-means to berth. moor. anchor or secure any vessel.

..cargo'* means any freight carried. or intended to be carried. in or on
any vessel or vehicle and means also ships' stores..

-cargo container'^ includes an empty container of any kind used. or
intended to be used, for the carriage of cargo and includes also any
packing material used, or intended to be used. for or in connexion
with the carriage of cargo;

'*Director' means the Director of Marine

-excluded water-front- means an area declared under section 3 to he an
excluded water-front.

..owner'

(a)in relation to any cargo or cargo container. means any, person
being or holding himself out to be the owner. importer,
exporter, consignee. agent or person in possession of, or
beneficially interested in. or having any control of, or power of
disposition over, the cargo or cargo container.

(b)in relation to a vehicle, includes the person in whose name the
vehicle is registered and the person by whom the vehicle is
kept and used and, in relation to a vehicle which is the subject
of a hiring agreement or hire purchase agreemerit, means the
person in possession of the vehicle under that agreement;

(c)in relation to a vessel, includes the registered or licensed
owner of the vessel and, in relation to a vessel which is the
subject of a hiring agreement, means the person in possession
of the vessel under that agreement; (Added. 56 of 1982,s.2)

,.public cargo working area- means an area declared under section 3 to
be a public cargo working area;





'public water-front' means an area declared under section 3 to be a
public water-front;

,'vehicle' means any vehicle intended or adapted for use on roads;

,'vessel' includes any ship, boat, junk or lorcha and any other
description of vessel used in navigation and includes also any
floating wharf, ramp, pontoon or landing place.

3. (1) The Governor may, by order published in the Gazette, declare
any area of unleased Crown land (including any road), and any area of
water adjoining any such area, to be

(a) a public cargo working area;

(b) a public water-front; or

(c) an excluded water-front.

(2) In any order made under subsection (1) an area may be defined
by reference to a plan deposited in the Land Office, and a copy of any
such plan purporting to be certified by the Director as a true copy
thereof may be admitted as evidence of the plan without further proof in
any criminal or civil proceedings before any court or magistrate.
(Replaced, 56 of 1982, s.3)

(3) Any order made and any plan prepared and deposited under the
provisions of this section in force immediately before the
commencement* of the Port Control (Cargo Working Areas)
(Amendment) Ordinance 1982 shall be deemed for all purposes to have
been made, or prepared and deposited, as the case may be. under this
section as amended by that Ordinance. (Replaced, 56 of 1982, s. 3)

4. Every public cargo working area, public water-front or excluded
water-front shall be a public place for the purposes of the Summary
Offences Ordinance.

5. (1) Without prejudice to any other provisions of this Ordinance
relating to the deposit of any cargo or cargo container in a public cargo
working area or a public water-front, if the Director is satisfied that any
cargo or cargo container has been left or abandoned in a public cargo
working area or public water-front, he may, by affixing to such cargo or
cargo container in a prominent position a notice in a form specified by
him, seize such cargo or cargo container.

(2) The Director shall cause a copy of a notice affixed under
subsection (1) to be displayed in a conspicuous place within the public
cargo working area or public water-front, as the case may be.

(3) The Director may cause any cargo or cargo container seized
under subsection (1) to be removed to a place of storage.

(4) The owner of any cargo or cargo container seized under
subsection (1) may, within 14 days after the date of seizure. claim the
same by notice in writing to the Director.





(5) The Director shall-

(a) on receipt of a claim in accordance with subsection (4). and

(b)on payment to him of the prescribed fees and the costs, if any,
of removal and storage within the period referred to in that
subsection,

release the cargo or cargo container to the claimant.

(6) Where in respect of any cargo or cargo container seized under
subsection (1)

(a) rid claim is made in accordance with subsection (4); or

(b)the prescribed fees and the costs, if any, of removal and
storage are not paid within the period referred to in that
subsection.

the Director may cause such cargo or cargo container to be sold or
otherwise disposed of in such manner as he thinks fit and the proceeds.
if any, of such sale or disposal, after deduction of the prescribed fees
and the costs, if any, of removal and storage. and of the sale or disposal,
shall be paid into the general revenue of Hong Kong at the expiry of 3
months from the date of such sale or disposal if not previously claimed
by the owner of the cargo or cargo container.

(7) No action in respect of any damage to property shall lie against
the Director or any other officer performing or exercising any function,
duty or power under this section.

(8) Any person who interferes with or removes any cargo or cargo
container seized under subsection (1), unless authorized or directed to
do so by the Director, commits an offence and is liable to a fine of
$20,000 and to imprisonment for 1 year.

(Replaced, 56 of 1982, s. 4)

SA. (1) Where the person in charge of a vessel or the driver of a
vehicle is suspected of having committed an offence under this
Ordinance, any person (including the owner of the vessel or vehicle,
and the person in charge of the vessel or driver of the vehicle. as the
case may be, at the time of the alleged offence) shall, on demand made
by the Director or a supervisor within 3 months after the date of the
alleged offence, give to the Director or a supervisor in the manner
prescribed in this section the name and address of the person in charge
of the vessel or driver of the vehicle, as the case may be, at the time of
the alleged offence.

(2) A demand under subsection (1) may be made orally or by
means of a notice served personally or by post on the person to whom
it is made.

(3) Where a demand under subsection (1) is made orally to any
person he shall





(a)if he was the person in charge of the vessel or driver of the
vehicle at the time of the alleged offence, give immediately his
name and address; or

(b)if he was not the person in charge of the vessel or driver of the
vehicle at the time of the alleged offence, give the information
required under subsection (1) to the Director or to a specified
supervisor either orally or in writing within 21 days after the
date of the demand.

(4) A notice served under subsection (2) shall require the person to
whom it is addressed

(a)to furnish to the Director, within 21 days after the date of the
notice, a written statement, in such form as may be specified in
the notice, giving the name and address of the person in
charge of the vessel or driver of the vehicle. as the case may
be, at the time of the alleged offence.. and

(b) to sign the statement.

(5) Subject to. subsection (6), any person who contravenes
subsection (1) commits an offence and is liable to a fine of $5.000 and to
imprisonment for 3 months.

(6) In proceedings for an offence under subsection (5), it shall be a
defence to show that the accused person did not know. and could not
with reasonable diligence have ascertained. the name or address of the
person in charge of the vessel or driver of the vehicle. as the case may
be, at the time of the alleged offence.

(7) In this section-

',alleged offence' means the suspected offence referred to in subsection
(1);

.,supervisor' means a person appointed under regulations made under
this Ordinance to be a supervisor at a public cargo working area or
public water-front.

(Added, 56 qf 1982, s. 4)

5B. If, in any summary proceedings for an offence under this
Ordinance, there is produced to the magistrate a statement which

(a) purports to have been signed by the accused person,

(b)was furnished 'In accordance with a notice served on him
under section 5A(2); and

(c)states that the accused person was the person in charge of
the vessel or driver of the vehicle, as the case may be. at the
time of the offence,

the magistrate shall admit the statement as prima facie evidence that
the accused person was the person in charge of the vessel or driver of
the vehicle at the time of the offence.

(Added, 56 of 1982, s. 4





5C. (1) Where under this Ordinance a notice is required to be
affixed to any cargo or cargo container or displayed in any place, a
document purporting to be a copy of such notice, signed and certified
as a true copy by the Director or by any person authorized by him, in
writing, in that behalf, shall be admissible in any criminal or civil
proceedings before any court or magistrate on its production without
further proof as evidence of the original notice and, until the contrary is
proved, the court or magistrate shall presume that

(a)the signature and certification to the document is that of the
Director or a person authorized by him, in writing. in that
behalf, and

(b) the document is a true copy of the original notice.

(2) Nothing in this section shall prejudice the admissibility of any
evidence which would be admissible apart from the provisions of this
section.

(Added, 56 of 1982, s. 4)

6. (1) The Governor in Council may make regulations for all or any
of the following purposes

(a)providing for any matter or thing which is to be or may be
prescribed under this Ordinance;

(b)regulating entry to and the use of any public cargo working
area, public water-front or excluded water-front;

(c.) controlling or providing for the control of-

(i) the handling, inspection or weighing of cargo or cargo
containers in any public cargo working area. public water-
front or excluded water-front;

(ii) vessels and vehicles in any public cargo working area,
public water-front or excluded water-front;

(ca)empowering the Director to set aside areas in a public cargo
working area, public water-front or excluded waterfront for
purposes specified in the regulations; (Added, 56 of 1982, s.
5)

(cb)empowering the Director to specify the type of cargo handling
machinery and equipment to be used in a public cargo working
area, public water-front or excluded waterfront for any purpose
specified by him and to specify condition. subject to which
such cargo handling machinery and equipment may be so
used; (Added, 56 of 1982, s. 5)

(d) empowering the Director

(i) to give directions in relation to such matters as may be
specified;

(ii) to take such action as may be necessary to give effect
to any such direction which is not complied with;

(iii) to recover the cost of any such action taken by the
Director;





(e)empowering the Director or any person authorized by him
to require any person using any public cargo working area,
public water-front or excluded water-front to provide his
name and address; (Replaced, 56 of 1982, s. 5)

(f)empowering the Director to require persons using any
public cargo working area, public water-front or excluded
water-front, and the owner of any cargo or cargo container
handled therein, to give any specified information in
respect of the use of such area or water-front or in respect
of any such cargo or cargo containers;

(g) prescribing fees and charges; (Amended, 56 of 1982, s. 5)

(h)empowering the Director to waive the payment of any
fee or charge or to remit any fee or charge so paid; and
(Amended, 56 of 1982, s. 5)

(i)generally for the better carrying out of the purposes of this
Ordinance.

(2) Regulations made under this section may provide that a
contravention thereof shall be an offence and prescribe a penalty on
conviction of any such offence not exceeding a fine of 520,000 and
imprisonment for a term not exceeding 1 year. (Amended, 56 of
1982,s.5)
Originally 45 of 1974. L.N. 76/82. 56 of 1982. L.N. 154/74. Short title. Interpretation. Declaration of areas to be public cargo working areas, public water-fronts and excluded water-fronts. [*10.1.83] Public cargo working areas, etc. deemed to be public places. (Cap. 228.) Director's powers in respect of abandoned cargo, etc. Obligation to give certain information in respect of offences. Proof in summary proceedings of identity of driver. Copies of notices admissible as evidence. Regulations.

Originally 45 of 1974. L.N. 76/82. 56 of 1982. L.N. 154/74. Short title. Interpretation. Declaration of areas to be public cargo working areas, public water-fronts and excluded water-fronts. [*10.1.83] Public cargo working areas, etc. deemed to be public places. (Cap. 228.) Director's powers in respect of abandoned cargo, etc. Obligation to give certain information in respect of offences. Proof in summary proceedings of identity of driver. Copies of notices admissible as evidence. Regulations.

https://oelawhk.lib.hku.hk/items/show/2389

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