PORT CONTROL (CARGO WORKING AREAS) REGULATIONS

PORT CONTROL (CARGO WORKING AREAS) REGULATIONS

PORT CONTROL (CARGO WORKING AREAS)
REGULATIONS

I'S

ARRANGEMENT OF REGULATION,

Regulation page

PART 1



PRELIMINARY

1 Citation ................................. ... ... ... ... ... A 3

2. Interpretation............................ ... ... ... ... ... . ... ... A 3

3. Supervisors................ .... ........ ... ... . ... ... A4

PART II

EXCLEDED WATER-FRONTS

4. Use of excluded water-fronts .............. ... ... ... ... ... ... ... A 5

PART 111

PUBLIC CARGO WORKING ARE' AM) PI lit K WATER-FORNT

4A.............Operating hours ............... . ... ... ... ... ... ... ... ... A 5

5. Lay-bys ...................... ... ... ... A 5

5A...........Entry of vessels ............. ... ... ... ... ... ... ... ... ... A 6

5B.............Berthing permits ... ......... ... ... ... ... 1 . ... ... A 6

5C. Allocation of cargo working berths ... .. ... ... ... ... ... A 7

5D.............Crane barge permits ..... ... ... ... ... ... ... ... ... A 8

5E...............Permission to depart ..... ... ... ... ... ... ... ... ... ... A 9

6. Loading and unloading of cargo ........... ... ... ... ... ... A 9

6A. Special cargo handling areas and equipment ... ... ... ... A 9

6B...............Cargo transfer permits ...... ... ... ... ... ... ... ... ... ... A 10

7. Cargo depositing permits ............... ... ... ... ... ... ... --- A 11
7A..................Mobile crane permits ... ... ... ... ... ... ... ... A 12

7B...............Fork lift truck permits ..... ... ... ... ... ... ... ... ... A 13

7C........................Mobile office and mobile shelter permits ... ... ... ... ... A 13

8. Prohibition of sale. etc., of cargo .... ... ... . ... ... ... ... ... A 14

9................Inspection, etc. of cargo ... ... ... ... ... ... ... . ... ... ... A 14
10. Prohibition of certain vehicles at public water-fronts A 15

11. Movement of vessels or vehicles ... ... ... ... ... ... ... ... ... ... A 15
11 A. Removal of vessels ... ... ... ... ... ... ... ... ... ... ... ... ... A 16






12. Prohibition of rickshaws. handcarts. etc. ... ... ... ... 1 . ... ... ... A 16





Regulation Page
PART IV

PUBLIC CARGO WORKING AREAS

13. Entry of vehicles, etc. ... ... ... ... ... ... ... ... ... ... ... ... A 16
14. Parking area and A working area tickets ... ... ... ... ... ... ... ... ... A 17
15. Compliance with parking and other signs ... ... ... ... ... ... ... ... A 18
16. Power to remove persons ... ... ... ... ... ... ... ... ... ... ... A 19

PART V

MISCELLANEOUS PROVISIONS

17....................Supply of particulars of cargo ... ... ... ... ... ... ... ... ... A 19
18....................Production of permits or tickets ... ... ... ... ... ... ... ... A 20

19........[Rebuked) ...................... ... ... ... ... ... ... ... ... ... A 20

20...........Obstruction ............. ... ... ... ... ... ... ... ... ... A 20

21. Form, conditions and cancellation of permits. etc. ... ... ... ... ... ... A 20

22.............Fees and charges ................ ... ... ... ... ... ... ... A 21

Schedule. Fees and charges................ ... ... ... ... ... ... ... ... ... A 21





PORT CONTROL (CARGO WORKING AREAS)
REGULATIONS

(Cap. 81, section 6)

[26 July 1974.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Port Control (Cargo

Working Areas) Regulations.

2. In these regulations, unless the context otherwise

requires-

-berthing permit means a berthing permit issued under regulation 5B(1);

depositing permit- means a cargo depositing permit issued
under regulation 7(1);

..cargo transfer permit- means a cargo transfer permit issued under
regulation 6B;

-cargo working berth' means a berth for the loading or unloading of any
cargo or cargo container into or from any vessel;

---Chinatrade cargo' means any cargo or cargo container originating in
and carried from The People's Republic of China,

,,crane barge- means any vessel intended primarily for use as a means of
transferring cargo in a public cargo working area or public water-
front from--

(a) one vessel to another vessel,

(b) another vessel to the shore; or
(c) the shore to another vessel;

,,crane barge permit means a crane barge permit issued under regulation
5D(1);

'driver', in relation to a vehicle. means any person who is in charge of
or assisting in the control of the vehicle;

---forklift truck permit- means a fork lift truck permit issued under
regulation 7B(1),

,,goods vehicle' means---

(a)a motor vehicle which is constructed or adapted for use for
the carriage of goods or equipment;





(b)a trailer which is constructed or adapted for use for the
carriage of goods or equipment; and

(c)a motor vehicle. other than a motor vehicle within the meaning
of paragraph (a), which is constructed or adapted for hauling a
trailer constructed or adapted for use for the carriage of goods
or equipment..

'lay-by' means an area of water forming part of a public cargo working
area or public water-front set aside as a lay-by for vessels under
regulation 5(1),

'mobile crane permit- means a mobile crane permit issued under
regulation 7A(1):

-mobile office permit' means a mobile office permit issued under
regulation 7C(1),

---mobileshelter permit- means a mobile shelter permit issued under
regulation 7C(1);

operating hours', in relation to a cargo working berth. means hours
specified by the Director under regulation 4A as hours during
which cargo and cargo containers may be loaded or unloaded
within the public cargo working area or public water-front where
the berth is situated.

area ticket--- means a parking area ticket issued under
regulation 14(1) or (4);

prescribed-, in relation to any fee or charge, means prescribed under
regulation 22;

supervisor- means a person appointed by the Director under
regulation 3 to he a supervisor at a public cargo working area or
public water-front. vehicle' includes a fork lift truck and a mobile
crane.

working area ticket--- means a working area ticket issued under
regulation 14(1) or (4).

3. (1) The Director shall appoint such persons as he thinks fit to be
supervisors at a public cargo working area or public water-front for the
purposes of these regulations. (2) The Director(a) shall issue a warrant
card; and (b) may issue a uniform and a badge. to each supervisor.

(3) A supervisor shall. whilst on duty in a public cargo working
area or public water-front,-(a) if issued with a uniform. wear his uniform;





(b) if issued with a badge. display. his badge:

(c) carry his warrant card,.

(d)produce his warrant card to any person in the public cargo
working area or public water-front having reasonable grounds
for asking for the same.

PART 11

EXCLUDED WATER-FRONTS

4. (1) Subject to paragraph (2). no person shall without the
permission in writing of the Director

(a) berth any vessel or cause any vessel to he berthed,

(b)load or unload any, cargo or cargo container. or cause any
cargo or cargo container to be loaded or unloaded, into or
from any vessel or vehicle; or

(c)deposit any cargo or cargo container. or cause any, cargo or
cargo container to be deposited.

at or in an excluded water-front.

(2) Subject to any other enactment. a vessel may. embark or
disembark passengers at ail excluded water-front.

(3) Any person who contravenes paragraph (1) shall be guilty of an
offence and shall be liable on conviction to a fine of SI 0.000 and to
imprisonment for 6 months.

PART 111

PUBLIC CARGO WORKING AREAS AND PUBLIC WATER.FRONT

4A. (1) The Director may, by notice in writing. specify the hours
during which cargo and cargo containers may be loaded or unloaded
within a public cargo working area or public water-front, or any part
thereof, specified in the notice.

(2) A notice under paragraph (1) shall be displayed in a
conspicuous place in the public cargo working area or public water-front
to which it relates.

5. (1) The Director may, by notice in writing. set aside any area of
water forming part of a public cargo working area or public water-front
as a lay-by for vessels.

(2) A notice under paragraph

(a)shall indicate the lay-by by a plan or reference points or by,
other suitable means; and





(b)shall be displayed in a conspicuous place in the public cargo working
area or public water-front to which it relates.

(3) The Director may cause a lay-by to be further indicated by such
buoys, signs or markings as he deems appropriate.

SA. (1) Subject to paragraph (3). the person in charge of a vessel shall,
upon the vessel entering a public cargo working area or public water-front

(a)if there is a lay-by, cause the vessel to proceed directly to the lay-
by;

(b)report the arrival of the vessel to a supervisor on duty at the public
cargo working area or public water-front, and

(c)apply to such supervisor for a berthing permit under regulation
5B(]).

(2) Subject to paragraph (3), the person in charge of a vessel in a lay-by
shall not cause or permit the vessel to leave the lay-by unless

(a) a cargo working berth has been allocated to the vessel



under regulation 5C. or

(b)the vessel is proceeding to leave the public cargo working area or
public water-front.

(3) Paragraphs 1) and (22) shall not apply to a crane barge.

(4) Any person who without reasonable excuse contravenes paragraph (1)
or (2) shall be guilty of an offence and shall be liable on conviction to a line of
$10,000 and to imprisonment for 6 months.

5B. (1) A supervisor may, upon application and on payment of the
prescribed fee. issue a berthing permit to any person in respect of a vessel in a
public cargo working area or public water-front.

(2) A supervisor may refuse to issue a berthing permit in any case where
in his opinion 11 is necessary to do so in the interests of the proper management
of the public cargo working area or public water-front.

(3) A berthing permit ceases to be valid if--

(a) it is cancelled under regulation 2 1.

(b)the prescribed fee or the surcharge payable under regulation 5C(5) is
not paid in accordance with regulation 22(2). or





(c.) the vessel in respect of which it is issued---

(1) leaves the cargo working berth allocated to it under
regulation 5C(1) other than pursuant to a direction under
regulation 5C(4); or

(ii) leaves the public cargo working area or public water-
front.

(4) Subject to paragraph (5), the person in charge of a vessel shall
not cause or permit the vessel to remain in a public cargo working area
or public water-front unless

(a)there is a valid berthing permit issued in respect of the vessel,
or

(b)if there is no such permit, an application for a berthing permit
in respect of the vessel has been made under paragraph (1),
and the supervisor has not refused to issue the permit.

(5) Paragraph (4) shall not apply to a crane barge for which there is
a valid crane barge permit.

(6) Any person who without reasonable excuse contravenes
paragraph (4) shall be guilty of any offence and shall be liable on
conviction to a fine of $20,000 and to imprisonment for 1 Year.

5C. (1) A supervisor may allocate a cargo working berth to a vessel
in respect of which a berthing permit has been issued.

(2) Where a cargo working berth is allocated to a vessel, the
supervisor shall cause the date and time of such allocation to be
endorsed on the berthing permit issued in respect of the vessel.

(3) Except where a vessel is moved pursuant to a direction under
paragraph (4)(a), a cargo working berth allocated to a vessel shall
remain allocated to the vessel until the berthing permit issued in respect
of the vessel ceases to be valid.

(4) A supervisor may direct the person in charge of a vessel to
which a cargo working berth is allocated, to

(a)move the vessel from that cargo working berth to another
cargo working berth allocated to the vessel,.

(b)berth the vessel at the cargo working berth allocated to it in
such position and manner as he thinks fit.

(5) Where a cargo working berth is allocated to a vessel a
surcharge shall be payable, in addition to the prescribed fee payable in
respect of the berthing permit, at the appropriate rate prescribed in the
Schedule for each surcharged day.

(6) For the purposes of paragraph (5) and the Schedule.
'surcharged day' means any period of 24 hours or part thereof during
which a cargo working berth remains allocated to a vessel after the
expiry of





(a)in the case of a vessel exceeding 48 metres in length overall
and engaged in the coastal and river trade between Hong
Kong and The People's Republic of China, 64 operating hours;
and

(b) in the case of any other vessel, 48 operating hours,

from the time of allocation endorsed on the berthing permit under
paragraph (2).

(7) Subject to paragraph (8), a person 'In charge of a vessel shall
not

(a)berth a vessel or cause or permit a vessel to be berthed or
remain berthed at any cargo working berth not allocated to the
vessel; or

(b) fail to comply with a direction under paragraph (4).

(8) Paragraph (7) shall not apply to a crane barge for which there is
a valid crane barge permit.

(9) Any person who without reasonable excuse contravenes
paragraph (7) shall be guilty of an offence and shall he liable on
conviction to a fine of 510.000 and to imprisonment for 6 months.

5D. (1) Subject to this regulation, the Director may issue a crane
barge permit to any person to operate a crane barge in a public cargo
working area or public water-front specified in the permit.

(2) A crane barge permit

(a) shall be valid only

(i) for the public cargo working area or public waterfront
specified in the permit; and

(ii) for the crane barge specified in the permit or any crane
barge substituted therefor under paragraph (4A),

(b)shall, unless earlier cancelled under regulation 21. be valid for
a period not exceeding 1 calendar month, expiring on the last
day of the month for which it is issued, and

(c) may from lime to time be renewed.

(3) An application for the issue or renewal of a crane barge permit
shall be made in writing to the Director. in such manner as he may
specify.

(4) The Director may. on receipt of an application under paragraph
(3) and on payment to him of the prescribed fee, issue or renew or refuse
to issue or renew a crane barge permit, and in determining whether to
issue or renew such a permit he may have regard to. amongst other
matters--

(a) the availability of berths; and

(b) the maximum utilization of berthing facilities,

in the public cargo working area or public water-front to which the
application or permit relates.





(4A) The Director may at any time permit the substitution of
another crane barge for the crane barge specified in a crane barge permit,
and if he so permits shall endorse the permit accordingly.

(5) Any person who operates a crane barge or causes or permits a
crane barge to be operated in a public cargo working area or public water-
front without a valid crane barge permit issued or endorsed in respect of
the crane barge, shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

5E. (1) The person in charge of a vessel in a public cargo working
area or public water-front shall, before the departure of the vessel from
the public cargo working area or public water-front-

(a)report to a supervisor on duty at the public cargo working area
or public water-front;

(b)pay all outstanding fees and charges incurred in respect of the
vessel under these regulations: and

(c)obtain the permission of the supervisor for the departure of
the vessel.

(2) Any person who without reasonable excuse contravenes
paragraph (1) shall be guilty of an offence and .,hall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

6. (1) Except as otherwise provided in these regulations. no person
shall use a public cargo working area or public water-front otherwise
than for the loading or unloading of cargo or cargo containers into or
from any vehicle or vessel.

(2) Except as otherwise permitted by a supervisor, the loading or
unloading of cargo or cargo containers in a public cargo working area or
public water-front shall be carried out by transferring the cargo or cargo
containers directly from a vehicle to a vessel or from a vessel to a
vehicle, as the case may be.

(3) [Deleted, L.N. 2261841

(4) Any person who without reasonable excuse contravenes
paragraph (1) or (2) shall be guilty of an offence and shall be liable on
conviction to a fine of 510,000 and to imprisonment for 6 months.

6A. (1) The Director may, by notice in writing---

(a)set aside any part of a public cargo working area or public
water-front as an area for the loading or unloading of any.
type of vessel, cargo or cargo container specified by him in
the notice;

(b)specify the type of cargo handling machinery and equipmerit
to be used in a public cargo working area or public water-front
or any part thereof for the loading or unloading of any type of
vessel, cargo or cargo container,





(e)specify, in relation to any type of cargo handling machinery or
equipment, any conditions subject to which such machinery
or equipment may be used in a public cargo working area or
public water-front or any part thereof.

(2) A notice under paragraph (1)-

(a)shall, if it sets aside an area referred to in that paragraph,
indicate the area by a plan or reference points or by other
suitable means; and

(b)shall be displayed in a conspicuous place in the public cargo
working area or public water-front to which it relates.

(3) Any person who without reasonable excuse fails to comply with
the requirements of a notice under paragraph (1) which is displayed
under paragraph (2), shall be guilty of an offence and shall be liable on
conviction to a fine of $20,000 and to imprisonment for 1 year.

6B. (1) A supervisor may, upon application and on payment of the
prescribed fee, cause a cargo transfer permit to be issued to any person
for the transfer of any cargo or cargo container in a public cargo
working area or public water-front from one vessel to another vessel.

(2) A cargo transfer permit shall be valid only-

(a) in respect of the vessel specified in the permit; and

(b) for the day of issue.

(3) In the case of-

(a)a transfer of any cargo or cargo container in a public cargo
working area or public water-front between 2 vessels neither
of which is a crane barge and neither of which is berthed
immediately against the sea wall, a cargo transfer permit shall
be required in respect of each vessel;

(b)a transfer of any cargo or cargo container in a public cargo
working area or public water-front between 2 vessels neither
of which is a crane barge and one of which is berthed
immediately against the sea wall, a cargo transfer permit shall
be required only in respect of the vessel not berthed
immediately against the sea wall;

(c)a transfer of any cargo or cargo container in a public cargo
working area or public water-front between 2 vessels one of
which is crane barge, or both of which are crane barges, no
cargo transfer permit shall be required in respect of either
vessel.





(4) Where under paragraph (3) a cargo transfer permit is required in
respect of a vessel, any person who, except under and in accordance
with a valid cargo transfer permit issued 'In respect of that vessel

(a)transfers any cargo or cargo container from that vessel to
another vessel, or causes or permits any such cargo or cargo
container to be so transferred; or

(b)receives on that vessel any such cargo or cargo container
transferred from another vessel, or causes or permits any such
cargo or cargo container to be so received.

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 and to imprisonment for 6 months.

(5) In this regulation---cranebarge- means a crane barge in respect
of which there is a valid crane barge permit.

7. (1) A supervisor may, upon application and on payment of the
prescribed fee, issue to any person a cargo depositing permit for the
deposit of any cargo or cargo container specified in the permit on land
forming part of a public cargo working area or public water-front
specified in the permit.

(2) A cargo depositing permit shall be valid

(a) until the expiry of 24 hours from-

(i) where the permit is in respect of China trade cargo, the
time when the vessel that carried the cargo leaves the public
cargo working area or public water-front,

(ii) where the permit is in respect of any other cargo or
cargo container, the time specified in the permit,

or until the cargo or cargo container specified in the permit is
removed from the place where it is deposited in accordance
with paragraph (3), whichever event occurs sooner; and

(b)only in respect of the cargo or cargo container and for the
public cargo working area or public water-front specified in the
permit.

(2A) In calculating the period of 24 hours for the purposes of
paragraph (2) in relation to a permit referred to in paragraph (2)(a)(i), no
period within a public holiday shall be taken into account.

(3) Any cargo or cargo container in respect of which a cargo
depositing permit is issued shall be deposited in such place as is
specified in the permit, or where no such place is specified, as directed
by a supervisor.





(3A) For the purpose of ascertaining the prescribed fee for a cargo
depositing permit in respect of any China trade cargo, a copy of the manifest
relating to such cargo shall be given to the supervisor to whom application for
the permit is made.

(4) Any person who without reasonable excuse-

(a)deposits any cargo or cargo container in a public cargo working area
or public water-front or causes or permits any cargo or cargo
container to be or to remain so deposited without a valid cargo
depositing permit in respect of such cargo or cargo container; or

(b) contravenes any specification or direction under para-

graph (3),

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.

7A. (1) The Director may issue a mobile crane permit to any person to
operate a mobile crane on land within a public cargo working area or public
water-front specified in the permit.

(2) A mobile crane permit-

(a) shall be valid only--

(i) for the public cargo working area or public waterfront specified
in the permit. and

(ii) for the mobile crane specified in the permit or any mobile
crane substituted therefor under paragraph (5),

(b)shall, unless earlier cancelled under regulation 21. be valid for a
period not exceeding 1 calendar month. expiring on the last day of
the month for which it is issued.. and

(c) may from time to time be renewed.

(3) An application for the issue or renewal of a mobile crane permit shall
be made in writing to the Director in such manner as he may specify.

(4) There shall be payable in respect of a mobile crane permit such fees as
may be prescribed.

(5) The Director may at any time permit the substitution of another
mobile crane for the mobile crane specified in a mobile crane permit, and if he so
permits shall endorse the permit accordingly.

(6) Any person who operates a mobile crane or causes or permits a mobile
crane to be operated within a public cargo working area or public water-front
without a valid mobile crane permit issued in respect of the mobile crane, shall
be guilty of an offence and shall be liable on conviction to a fine of $10,000 and
to imprisonment for 6 months.





7B. (1) The Director may issue a fork lift truck permit to any
person to operate a fork lift truck on land within a public cargo
working area or public water-front specified in the permit.

(2) A fork lift truck permit-

(a) shall be valid only-
(i) for the public cargo working area or public water-
front specified in the permit; and
(ii) for the fork lift truck specified in the permit or any
fork lift truck substituted therefor under paragraph (5);

(b)shall, unless earlier cancelled under regulation 2 1, be valid
for a period of 1 calendar month or for such lesser period
as may be specified in the permit; and

(c) may from time to time be renewed.

(3) An application for the issue or renewal of a fork lift truck
permit shall be made in writing to the Director in such manner as he
may specify.

(4) There shall be payable in respect of a fork lift truck permit
such fees as may be prescribed,

(5) The Director may at any time permit the substitution of
another fork lift truck for the fork lift truck specified in a fork
lift truck permit, and if he so permits shall endorse the permit
accordingly.

(6) Any person who operates a fork lift truck or causes or
permits a fork lift truck to be operated in a public cargo working
area or public water-front without a valid fork lift truck permit
issued in respect of the fork lift truck, shall be guilty of an offence
and shall be liable on conviction to a fine of 510,000 and to
imprisonment for 6 months.

7C. (1) The Director may issue a permit to any person to
keep a mobile office or mobile shelter on land within a public cargo
working area or public water-front.

(2) A mobile office permit or mobile shelter permit-

(a) shall be valid only-
(i) for the public cargo working area or public water-
front specified in the permit; and
(ii) for the mobile office or mobile shelter specified in
the permit or any mobile office or mobile shelter sub-
stituted, respectively, therefor under paragraph (5);

(b)shall, unless earlier cancelled under regulation 21, be valid
for a period not exceeding 1 calendar month, expiring on
the last day of the month for which it is issued; and

(c) may from time to time be renewed.





(3) An application for the issue or renewal of a mobile office permit
or mobile shelter permit shall be made in writing to the Director in such
manner as he may specify.

(4) There shall be payable in respect of a mobile office permit or
mobile shelter permit such fees as may be prescribed.

(5) The Director may at any time permit the substitution of another
mobile office or mobile shelter for the mobile office or mobile shelter,
respectively, specified in the mobile office permit or mobile shelter
permit, and if he so permits shall endorse the permit accordingly.

(6) A mobile office or mobile shelter in respect of which a mobile
office permit or mobile shelter permit is issued shall be kept at such
place as is specified in the permit, or where no such place is specified, as
is directed by a supervisor.

(7) Any person who-

(a)keeps a mobile office or mobile shelter in a public cargo
working area or public water-front without a valid mobile office
permit or mobile shelter permit issued in respect of the mobile
office or mobile shelter, as the case may be; or

(b)without reasonable excuse, fails to comply with a specification
or direction under paragraph (6),

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 and to imprisonment for 6 months.

(8) The Director may direct the owner or person in charge of a
mobile office or mobile shelter in respect of which an offence is
committed under paragraph (7) to remove the mobile office or mobile
shelter from the public cargo working area or public waterfront within
such time as the Director may specify in the direction.

(9) If a direction under paragraph (8) is not complied with, the
Director may remove, or cause to be removed, the mobile office or
mobile shelter from the public cargo working area or public waterfront
and may recover the cost of the removal as a civil debt from the owner
of the mobile office or mobile shelter.

8. (1) No person shall sell or otherwise deal in cargo-

(a) in a public cargo working area or public water-front; or

(b) in any vessel or vehicle in such an area or water-front.

(2) Any person who contravenes paragraph (1) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 6 months.

9. (1) No person shall, unless he is authorized in writing by the
Director, engage in the inspection. weighing or measurement of cargo or
cargo containers in a public cargo working area or public water-front.





(2) Any person who contravenes paragraph (1) shall be guilty
of an offence and shall be liable on conviction to a fine of 55,000.

10. (1) Subject to paragraph (1A), no person shall bring any
vehicle other than a goods vehicle. or cause any vehicle other than a
goods vehicle to be brought, into a public water-front.

(1A) Paragraph (1) shall not apply to-

(a)a mobile crane for which there is a valid mobile crane
permit; or

(b)a fork lift truck for which there is a valid fork lift truck
permit,

in relation to a public water-front specified in the permit.

(2) Any person who contravenes paragraph (1) shall be guilty
of an offence and shall be liable on conviction to a fine of 55,000 and
to imprisonment for 6 months.

11. (1) Without prejudice to any other provision of these
regulations, a supervisor may require the person in charge of a
vessel, or the driver of a vehicle, in a public cargo working area or
public water-front to move the vessel or vehicle from one place
within the public cargo working area or public water-front to
another.

(2) The person in charge of a vessel, or the driver of a vehicle,
in a public cargo working area or public water-front shall at all
reasonable times attend at the place where the vessel is berthed or
the vehicle is parked or kept waiting:

Provided that this paragraph shall not apply where a vessel is
berthed or a vehicle is parked at a place set aside by the Director in
which vessels may be berthed or vehicles may be parked unattended.

(3) If the person in charge of a vessel or the driver of a
vehicle-

(a)fails to move his vessel or vehicle in accordance with a
requirement under paragraph (1); or

(b) is not in attendance in accordance with paragraph (2),

he shall be guilty of an offence and shall be liable on conviction to a
fine of 55,000 and to imprisonment for 6 months.

(4) Where a supervisor has reason to believe that an offence
has been committed under paragraph (3) he may, with the assistance
of any other person, move the vessel or vehicle referred to in that
paragraph from one place in the public cargo working area or public
water-front to another.





IIA. (1) Without prejudice to any other provision of these
regulations, the Director may, where any vessel enters, or remains in, a
public cargo working area or public water-front in contravention of these
regulations, direct the owner or the person in charge of such vessel to
remove the vessel from the public cargo working area or public water-
front within such time as the Director may specify in the direction.

(2) If the owner or the person in charge of a vessel fails, without
reasonable excuse, to comply with a direction given under paragraph (1),
he shall be guilty of an offence and shall be liable on conviction to a fine
of $5,000 and to imprisonment for 6 months.

(3) Where the Director has reason to believe that an offence has
been committed under paragraph (2) he may, whether or not any person
is or will be prosecuted for that offence, remove such vessel or cause it
to be removed from the public cargo working area or public water-front
and may take possession of the vessel or cause possession of it to be
taken for the purposes of such removal.

(4) The Director may recover the cost of any action taken or caused
to be taken under paragraph (3) as a civil debt from the owner of the
vessel in respect of which the action was taken.

12. (1) No rickshaw, trolley, handcart or other similar form of
conveyance shall be brought into. or used for the conveyance of cargo
or cargo containers in, a public cargo working area or public water-front.

(2) Any person who contravenes paragraph (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 6 months.

PART IV

PUBLIC CARGO WORKING
AREAS

13. (1) No person shall-

(a)bring a goods vehicle, or cause or permit a goods vehicle to
be brought into a public cargo working area; or

(b)cause or permit a goods vehicle to remain in a public cargo
working area,

without either a valid working area ticket or a valid parking area ticket
issued in respect of the vehicle under regulation 14.

(2) Subject to paragraph (2A), no person shall bring any vehicle
other than a goods vehicle, or cause any vehicle other than a goods
vehicle to be brought, into a public cargo working area without the
permission, in writing, of the Director.





(2A) Paragraph (2) shall not apply to-

(a)a mobile crane for which there is a valid mobile crane
permit; or

(b)a fork lift truck for which there is a valid fork lift truck
permit,

in relation to a public cargo working area specified in the permit.

(3) The driver of a goods vehicle in a public cargo working
area shall not use the vehicle or cause or permit the vehicle to be used
in the loading or unloading of any cargo or cargo container unless a
working area ticket has been issued in respect of the vehicle.

(4) Any person who contravenes paragraph (1), (2) or (3) shall
be guilty of an offence and shall be liable on conviction to a fine of
$5,000 and to imprisonment for 6 months.

14. (1) Subject to paragraph (2), a supervisor in a public
cargo working area may cause to be issued to the driver of a goods
vehicle-

(a)a working area ticket entitling the driver, subject to these
regulations, to use the vehicle in the loading or unloading
of cargo or cargo containers in the public cargo working
area, or

(b)a parking area ticket entitling the driver, subject to these
regulations, to keep the vehicle parked or waiting in
parking and waiting facilities in the public cargo working
area.

(2) A parking area ticket may only be issued in respect of a
goods vehicle within the meaning of paragraph (a) of the definition
of 'goods vehicle' in regulation 2.

(3) A working area ticket and a parking area ticket shall be
endorsed with-

(a)the registration number of the vehicle in respect of which
the ticket is issued; and

(b) the date and time of issue.

(4) Where in respect of any goods vehicle-

(a)a parking area ticket is issued under paragraph (1) and the
vehicle is, while remaining in the public cargo working
area, to be used in the loading or unloading of any cargo or
cargo container; or

(b)a working area ticket is issued under paragraph (1) and the
vehicle is, while remaining in the public cargo working
area, to be parked or kept waiting in the parking and
waiting facilities,





a supervisor may, on presentation of the ticket and payment of the
prescribed fee incurred thereon in the manner provided by para-
graph (5), cause to be issued to the driver of the vehicle a working
area ticket or parking area ticket, as the case may be, in place of the
ticket previously issued.

(5) Where a goods vehicle is to be removed from a public
cargo working area, any working area ticket or parking area ticket
issued in respect of the vehicle and not previously presented under
paragraph (4) shall be presented at such place as shall be provided at
the public cargo working area, where the ticket shall be marked with
the time of presentation and the prescribed fee incurred between that
time and the time of issue and, on demand, such fee shall be paid by
the person presenting the ticket.

(6) Where a ticket has been presented under paragraph (5) and
the prescribed fee paid, the goods vehicle shall be removed from the
public cargo working area as soon as is practicable thereafter and in
any case within 15 minutes of the latest time marked on the ticket
and the driver of the vehicle shall surrender the ticket at the exit gate.

(7) If the goods vehicle is not removed from the public cargo
working area within the time specified in paragraph (6) the appro-
priate prescribed fee shall be paid in respect of the further period
(after the time of presentation marked on the ticket under para-
graph (5)) during which the vehicle remains in the public cargo
working area.

(8) No goods vehicle in respect of which a working area ticket
or parking area ticket has been issued shall be removed from a
public cargo working area before the ticket has been presented and
all prescribed fees incurred in respect of the vehicle under this
regulation have been paid.

(9) Where paragraph (8) is contravened the driver of the
vehicle at the time of the contravention shall be guilty of an offence
and shall be liable on conviction to a fine of $5,000.

(10) Any working area ticket and any parking area ticket issued
in respect of a goods vehicle shall be displayed on the lower left-hand
side of the vehicle's windscreen in such a manner that it is clearly
visible from the front of the vehicle.

(11) Where paragraph (10) is contravened the driver of the
vehicle in respect of which the contravention occurs shall be guilty of
an offence and shall be liable on conviction to a fine of $1,000.

15. (1) The driver of a vehicle in a public cargo working area
shall-

(a)not park the vehicle or cause or permit the vehicle to wait
except in such place in the public cargo working area as a
supervisor may direct;





(b)comply with all signs and signals exhibited in the public
cargo working area for the regulation of vehicles therein.

(2) The driver of a vehicle shall not park the vehicle or cause
or permit the vehicle to wait in a public cargo working area in such
manner that the vehicle unnecessarily projects over any line or other
mark which divides the space in which the vehicle is parked or kept
waiting from any other place.

(3) The driver of a vehicle who contravenes paragraph (1)
or (2) shall be guilty of an offence and shall be liable on conviction
to a fine of $2,000.

16. (1) A supervisor may require any person who is found
loitering in a public cargo working area and who cannot give a
satisfactory account of himself to leave the public cargo working
area.

(2) A supervisor may prohibit any person who does not have a
satisfactory reason for being in a public cargo working area from
entering the public cargo working area, either by land or sea.

(3) Any person who-

(a)fails to leave a public cargo working area when required to
do so under paragraph (1); or

(b)enters a public cargo working area when prohibited from
doing so under paragraph (2),

shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000 and to imprisonment for 3 months.

PART V

MISCELLANEOUS PROVISIONS

17. (1) The Director may require the owner or person in
charge of any cargo loaded or unloaded in a public cargo working
area or public water-front to supply to him any or all of the
following particulars in respect of such cargo-
(a) its nature;
(b) its quantity or weight;
(c) its origin;
(d) its destination;
(e) such other particulars as the Director may specify.
(2) Any person who contravenes a requirement under para-
graph (1) shall be guilty of an offence and shall be liable on
conviction to a fine of $2,000 and to imprisonment for 3 months.





18. (1) A supervisor may require-

(a)the person in charge of a mobile office or mobile shelter, or
a vessel; or

(b) the driver or operator of a vehicle,

in a public cargo working area or public water-front to produce to
him any written permission, permit or ticket issued under these
regulations in respect of the mobile office or mobile shelter, or vessel
or vehicle, as the case may be.

(2) The person in charge of a mobile office or mobile shelter,
or a vessel, or the driver or operator of a vehicle, who contravenes
a requirement under paragraph (1) shall be guilty of an offence and
shall be liable on conviction to a fine of 52,000.

19. [Revoked, L.N. 3321821

20. Any person who obstructs the Director or a supervisor in
the exercise of any power or the performance of any duty under
these regulations shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000 and to imprisonment for 6 months.

21. (1) A permit or ticket issued under these regulations
shall be-

(a) in such form as the Director may think fit; and

(b) subject to the conditions (if any) endorsed thereon.

(2) Any person who contravenes a condition of a permit or
ticket issued under these regulations, or causes or permits a condi-
tion of any such permit or ticket to be contravened, shall be guilty of
an offence and shall be liable on conviction-

(a)where the contravention relates to a permit, to a fine of
55,000, or

(b)where the contravention relates to a ticket, to a fine of
52,000.

(3) Without prejudice to paragraph (2), the Director may at
any time, where in his opinion-

(a)any condition of a permit issued under these regulations in
respect of a mobile office or mobile shelter, or a vehicle or
vessel, is contravened; or

(b)a mobile office or mobile shelter, or a vehicle or vessel is
involved in a contravention of any provision of these
regulations,

by notice in writing to the owner or person in charge of the mobile
office or mobile shelter, or the vessel, or the owner, driver or
operator of the vehicle, cancel the permit.





22. (1) The fees and charges prescribed in the Schedule shall be
payable in respect of the matters specified therein.

(2) Unless otherwise permitted by the Director, the fee payable in
respect of a berthing permit and the surcharge payable under regulation
5C(5) shall be paid daily in advance.

(3) The Director may waive the payment of any fee or charge
payable under these regulations, or remit, in whole or in part, any fee or
charge so paid, except that

(a) no fee in respect of a berthing permit shall be remitted;

(b)no surcharge paid under regulation 5C(5) shall be remitted
unless any day or part thereof falling within the appropriate
period free of surcharge under regulation 5C(6) is declared by
the Director to be a non-working day due to weather
conditions; and

(e)no fee paid in respect of a crane barge permit, a mobile crane
permit, a fork lift truck permit, a mobile office permit or a mobile
shelter permit shall be remitted where the permit is cancelled
under regulation 2 1.

SCHEDULE [regs. 5C(5) & 22.]

FEES AND CHARGES

Berthing Permit

(a) Daily Fees

(i) for a vessel to be berthed alongside the seawall or secured alongside a crane barge

$15 per day (or part
thereof) in respect of the
first 8 metres (or part
thereof) of the length of
the vessel as shown in its
licence book or Certificate
of Registry, and S15 per
day (or part thereof) in
respect of each additional
8 metres (or part thereof)
of the length.

(ii) for a vessel to be berthed end on to the seawall or secured end on to a crane barge
S15 per day (or part
thereof) in respect of the
first 8 metres (or part
thereof) of the breadth of
the vessel as shown in its
licence book or Certificate
of Registry, and 515 per
day (or part thereof) in
respect of each additional
8 metres (or part thereof)
of the breadth.





(b) Daily Surcharge

(i) for a vessel to be berthed alongside the seawall or secured alongside a crane barge
$200 per day (or part
thereof) in respect of
every 8 metres (or part
thereof) of the length of
the vessel as shown in its
licence book or Certificate
of Registry, for the 1st and
2nd surcharged days and
$400 per day (or part
thereof) in respect of
every 8 metres (or part
thereof) for the 3rd and
subsequent surcharged days.

(ii) for a vessel to be berthed end on the seawall or secured end on to a crane barge
$200 per day (or part
thereof) in respect of
every 8 metres (or part
thereof) of the breadth of
the vessel as shown in its
licence book or Certificate
of Registry, for the 1st and
2nd surcharged days and
$400 per day (or part
thereof) in respect of
every 8 metres (or part
thereof) for the 3rd and
subsequent surcharged days.

2. Crane Barge Permit ...................... ........ $3,600 per
calendar
month (or part thereof) in
respect of every 8 metres
(or part thereof) of the
length of the vessel as
shown in its licence book
or Certificate of Registry.

2A. Cargo Transfer Permit ....... ....... $18.

3. Cargo Depositing Permit

(a) in respect of any China trade cargo........ $1.40 per tonne (or part
thereof
(b) in respect of any other cargo or cargo
container ................................... $35 per sq. metre (or part
thereof) of land occupied.

3A. Mobile Crane Permit ............... $4,000 per calendar
month (or part thereof).
3B. Fork Lift Truck Permit ........................ $3,000 per calendar
month (or part thereof)
or $150 per day (or part
thereof), whichever is the
lesser.

3C. Mobile Office Permit-
(a) standard wooden .................................. $600 per calendar month
(or part thereof).

(b) standard 20 foot container . $1,600 per calendar
month (or part thereof).

3D. Mobile Shelter Permit ... ........... ................ $200 per
calendar month (or part thereof).





4.Working Area Ticket $10 per hour (or part
thereof).
5.Parking Area Ticket-

(a) from 8.00 a.m. to 6.00 p.m . .............. ............. $10 per
hour (or part thereof) to a maximum of $40.

(b) from 6.00 p.m. to 8.00 a.m . .............. ............. $25.

6. Fees payable for the release of any cargo or cargo
container seized under section 5 of the Ordinance $200 per day (or part
thereof) per sq. metre (or
part thereof) of land
occupied.
7. Miscellaneous fees-
(a) for the issue of any permission in writing not
otherwise specified ............................... $100.

(b) for the issue of duplicate or replacement ticket.
permit or other written permission ............ $50.
L.N. 155/74. L.N. 2/77. L.N. 14/77. L.N. 332/82. L.N. 2/83. L.N. 226/84. L.N. 125/85. Citation. Interpretation. L.N. 332/82. L.N. 226/84. L.N. 226/84. L.N. 125/85. L.N. 2/77. L.N. 125/85. L.N. 125/85. L.N. 125/85. L.N. 226/84. L.N. 226/84. L.N. 125/85. L.N. 226/84. Supervisors. L.N. 332/82. L.N. 332/82. Use of excluded water-fronts. L.N. 332/82. Operating hours. L.N. 226/84. Lay-bys. L.N. 332/82. Entry of vessels. L.N. 332/82. Berthing permits. L.N. 332/82. Allocation of cargo working berths. L.N. 332/82. Schedule. L.N. 226/84. Crane barge permits. L.N. 332/82. L.N. 226/84. L.N. 226/84. L.N. 226/84. Permission to depart. L.N. 332/82. Loading and unloading of cargo. L.N. 332/82. L.N. 226/84. Special cargo handling areas and equipment. L.N. 332/82. Cargo transfer permits. L.N. 226/84. L.N. 125/85. L.N. 125/85. L.N. 125/85. Cargo depositing permits. L.N. 332/82. L.N. 226/84. L.N. 226/84. L.N. 226/84. Mobile crane permits. L.N. 125/85. Fork lift truck permits. L.N. 125/85. Mobile office and mobile shelter permits. L.N. 125/85. Prohibition of sale, etc., of cargo. Inspection, etc. of cargo. Prohibition of certain vehicles at public water-fronts. L.N. 125/85. L.N. 125/85. Movement of vessels or vehicles. L.N. 332/82. L.N. 332/82. L.N. 332/82. Removal of vessels. L.N. 332/82. Prohibition of rickshaws, handcarts, etc. Entry of vehicles, etc. L.N. 332/82. L.N. 226/84. L.N. 125/85. L.N. 125/85. Parking area and working area tickers. L.N. 226/84. Compliance with parking and other signs. Power to remove persons. Supply of particulars of cargo. Production of permits or tickets. L.N. 125/85. Obstruction. Form, conditions and cancellation of permits, etc. L.N. 332/82. L.N. 125/85. Fees and charges. Schedule. L.N. 332/82. L.N. 226/84. L.N. 125/85. L.N. 332/82. L.N. 125/85. L.N. 226/84. L.N. 2/83. L.N. 226/84. L.N. 226/84. L.N. 226/84. L.N. 125/85. L.N. 125/85. L.N. 125/85. L.N. 125/85. L.N. 125/85. L.N. 226/84. L.N. 125/85.

L.N. 155/74. L.N. 2/77. L.N. 14/77. L.N. 332/82. L.N. 2/83. L.N. 226/84. L.N. 125/85. Citation. Interpretation. L.N. 332/82. L.N. 226/84. L.N. 226/84. L.N. 125/85. L.N. 2/77. L.N. 125/85. L.N. 125/85. L.N. 125/85. L.N. 226/84. L.N. 226/84. L.N. 125/85. L.N. 226/84. Supervisors. L.N. 332/82. L.N. 332/82. Use of excluded water-fronts. L.N. 332/82. Operating hours. L.N. 226/84. Lay-bys. L.N. 332/82. Entry of vessels. L.N. 332/82. Berthing permits. L.N. 332/82. Allocation of cargo working berths. L.N. 332/82. Schedule. L.N. 226/84. Crane barge permits. L.N. 332/82. L.N. 226/84. L.N. 226/84. L.N. 226/84. Permission to depart. L.N. 332/82. Loading and unloading of cargo. L.N. 332/82. L.N. 226/84. Special cargo handling areas and equipment. L.N. 332/82. Cargo transfer permits. L.N. 226/84. L.N. 125/85. L.N. 125/85. L.N. 125/85. Cargo depositing permits. L.N. 332/82. L.N. 226/84. L.N. 226/84. L.N. 226/84. Mobile crane permits. L.N. 125/85. Fork lift truck permits. L.N. 125/85. Mobile office and mobile shelter permits. L.N. 125/85. Prohibition of sale, etc., of cargo. Inspection, etc. of cargo. Prohibition of certain vehicles at public water-fronts. L.N. 125/85. L.N. 125/85. Movement of vessels or vehicles. L.N. 332/82. L.N. 332/82. L.N. 332/82. Removal of vessels. L.N. 332/82. Prohibition of rickshaws, handcarts, etc. Entry of vehicles, etc. L.N. 332/82. L.N. 226/84. L.N. 125/85. L.N. 125/85. Parking area and working area tickers. L.N. 226/84. Compliance with parking and other signs. Power to remove persons. Supply of particulars of cargo. Production of permits or tickets. L.N. 125/85. Obstruction. Form, conditions and cancellation of permits, etc. L.N. 332/82. L.N. 125/85. Fees and charges. Schedule. L.N. 332/82. L.N. 226/84. L.N. 125/85. L.N. 332/82. L.N. 125/85. L.N. 226/84. L.N. 2/83. L.N. 226/84. L.N. 226/84. L.N. 226/84. L.N. 125/85. L.N. 125/85. L.N. 125/85. L.N. 125/85. L.N. 125/85. L.N. 226/84. L.N. 125/85.

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