FERRY SERVICES ORDINANCE
Title
FERRY SERVICES ORDINANCE
Description
LAWS OF HONG KONG
FERRY SERVICES ORDINANCE
CHAPTER 104
CHAPTER 104
FERRY SERVICES ORDINANCE
ARRANGEMENT OF SECTIONS
Section Page
PART 1
PRELIMINARY
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
2. Interpretation .1 . ... ... ... ... ... ... ... ... ... ... ... ... 3
3. Power of Governor to give directions to public officer ... ... ... ... ... ... 4
PART 11
CONTROL OF FERRY
SERVICES
4. Prohibition of operation of ferry service except under a franchise or licence 4
5. Exempted ferry services ..................... ... ... ... ... 4
PART Ill
FERRY SERVICE
FRANCHISES
6. Grant of franchises ......................... ... ... ... ... ... ... ... 5
7. Periods of franchise and extensions thereof ... ... ... ... ... ... ... 6
8. Restriction on transfer of franchise ........ ... ... ... ... ... ... 6
9. Directors of grantee companies .............. ... ... ... ... ... ... ... 6
10. Governor may appoint additional directors ... ... ... ... ... ... 6
11. Grantee not to alter memorandum or articles without Governor's approval ...
PART IV
OPERATION AND CONTROL OF FANCHISED
SERVICES
12. Grantee to maintain proper service ... ... ... ... ... ... ... ... 7
13. Alteration of services and provision of new services .1 . ... ... .. ... ... 7
14. Temporary alteration of services and provision of temporary new services ... ... 8
15. Commissioner may specify frequency of services and carrying capacity and types
of vessels ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
16. Conditions etc., with respect to directions ... ... ... ... ... ... ... 8
IT Application by grantee in respect of temporary alterations to services ... ... ... 9
Is. Suspension or alteration of franchised service in circumstances beyond the control
of a grantee ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
19. Fares on franchised services ... ... ... ... ... ... ... ... ... ... 10
20. Commissioner may specify piers and berths ... ... ... ... ... ... ... ... 11
21. Records ... ... ... ... ... ... ... ... ... ... ... ... ... . ... ... 11
22. Forward planning ... ... ... ... ... ... ... ... ... ... ... ... 12
23. Governor in Council may impose financial penalty ... ... ... ... ... 12
PART V
EMERGENCY AND
REVOCATION
24. Emergency or breakdown in franchised service ... ... 13
25. Revocation of authority to operate a franchised service or of franchise ... ... 14
Section Page
26. Temporary taking by Government of property where franchise has been revoked 15
27. Arbitration ................................ . ... ... ... ... ... 15
PART VI
FERRY SERVICE LICENCES
28. Grant of licence........................... ... ... ... ... ... ... ... ... 15
29. Period of grant............................ ... ... ... ... ... ... ... ... 16
30. Restriction on transfer of licence ......... ... ... ... ... ... ... ... 17
31. Licensee to maintain proper service ........ ... ... ... ... ... ... ... 17
32. Suspension or alteration of licensed service ... ... ... ... ... ... ... ... 17
33. Fares on licensed services................. ... ... ... ... ... ... ... ... is
34. Revocation of licence ..................... ... ... ... ... ... ... ... 18
35. Transitional provision .................... ... ... ... ... ... ... ... 18
36. Commissioner to report..................... ... ... ... ... ... ... 18
PART VII
MISCELLANEOUS
37. Profit Control Scheme ..................... ... ... ... ... ... ... ... 18
38. Inspection by Director of Engineering Development of premises ... ... ... ...
19
39. Inspection by, Director of Marine of ferry vessels ... ... ... ... ... ... ... 20
40. Commissioner may have access ............ . ... ... ... ... ... ... 20
41. Appeal by grantee or licensee ............. ... ... ... ... ... ... ... 20
42. Obstruction of public officers ............ ... ... ... ... ... ... ... 20
43. Publication of franchised and licensed services ... ... ... ... ... ... 20
44. Regulations ............................... ... ... ... ... ... ... ... 11
45. By-laws .......................... ... ... ... ... ... ... ... ... ... 21
46. Repeals and savings......................... ... ... ... ... ... ... ... 22
CHAPTER 104
FERRY SERVICES
To provide fop. the grantingand licences to operate
ferry v services, the regulation of the operation and maintenance
qf such services, and for matters incidental thereto and connec-
led therewith.
15 June 1982.
PART 1
PRELIMINARY
1. This Ordinance may be cited as the Ferry, Services Ordinance.
2. (1) In this Ordinance, unless the context otherwise requires
-Commissioner- means the Commissioner for Transport.
ferry vessel- means any vessel used for a ferry service:
ferry service- means a service provided by means of a vessel. other
than a vessel exclusively propelled by oars. for the conveyance
by water of passengers. baggage. W for reward
g goods or vehicles, reward a
at separate fares between 2 or `more points within the waters of
Hong Kong. whether or not such points are varied from time to time
and whether or not the service is operated to a fixed timetable;
-franchise- means a franchise granted under section 6,
-franchise period- means the period fixed under section 7 for which a
franchise is granted and includes any period for which the
franchise is extended under that section.
-franchised service--- means a ferry service in respect of which there is
in force a franchise,
'grantee' means a company to which a franchise is granted.
c C_
-licence- means a licence granted under section 28.
'1icensed service' means a ferry service in respect of which there is in
force a licence..
'licensee' means a person to whom a licence is granted.
proper and efficient ferry service'-
(a)in relation to a grantee. has the meaning assigned to it by
section 12;
(b)in relation to a licensee, has the meaning assigned to it by
section 3 1;
-Victoria port' means the area of the waters of Hong Kong declared
under section 56 of the Shipping and Port Control Ordinance as
Victoria port.
(2) Where under this Ordinance the Governor in Council or
the Commissioner is empowered to grant a franchise or licence
to operate a ferry service between any 2 or more points, such
points may be fixed by reference to any pier, berth, frontage or
location.
3. (1) The Governor may give to a public officer such
directions as he thinks fit with respect to the exercise or performance
of his powers, functions and duties under this Ordinance, either
generally or in a particular case.
(2) A public officer shall, in the exercise or performance of his
powers, functions and duties under this Ordinance, comply with any
direction given by the Governor under subsection (1).
PART 11
CONTROL OF FERRY SERVICES
4. (1) Subject to section 5, no person shall operate or permit
the operation of a vessel on a ferry service except under a franchise
or a licence.
(2) Subject to section 5, no person shall operate or manage or
assist in the management of a ferry service unless that service is
operated under a franchise or licence.
(3) Any person who contravenes subsection (1) or (2) commits
an offence and is liable to a fine of $100,000.
5. (1) This Part does not apply to a tour service, a cargo
service, an employees' service or a permitted service.
(2) In this section-
'cargo service' means a service for the carriage of cargo by lighters
or cargo boats;
,,employees' service- means a service provided by an employer solely
for the carriage of persons employed by him;
.'permitted service' means a service-
(a)permitted by the Director of Marine in writing for the
carriage of passengers between piers and moored ships,
or for the carriage of passengers for special purposes
designated by the Director of Marine; or
(b)for the carriage of passengers across Victoria port between
such hours as the Commissioner may by notice in the
Gazette approve and operated by a ferry vessel issued
with a Class 1 licence for the Victoria Harbour Area under
the Merchant Shipping (Launches and Ferry Vessels)
Regulations;
'tour service' means a service-
(a) for the carriage of passengers for reward at separate fares;
(b)whereby the passengers travel together on a vessel from one
or more places of embarkation on a journey that ends at the
place or places of embarkation or ends at a place from which
transport on land back to such place or places of embarkation
is provided as part of the service;
(c)whereby the passengers do not disembark during the journey,
or disembark solely for the purpose of activities arranged or
promoted as part of the service; and
(d)whereby all the passengers are carried for the greater part of
the journey.
(3) For the purposes of this Ordinance, a payment made by a
person entitling him to be carried as a passenger on a ferry vessel shall
be treated as a separate fare notwithstanding that it is made in
consideration of other matters in addition to the journey and
irrespective of the person by or to whom it is made.
PART 111
FERRY SERVICE FRANCHISES
6. (1) Subject to this Ordinance, the Governor in Council may grant
to any company within the meaning of the Companies Ordinance, or any
company to which Part IX or Part XI of the Companies Ordinance
applies, a franchise that confers the right to operate a ferry service
between such points as are specified by him.
(2) A franchise may confer on the grantee the exclusive right to
operate a franchised service.
(3) A franchise-
(a)may be granted following a public tender or in such other
manner as the Governor in Council thinks fit;
(b)shall be subject to such conditions as the Governor in Council
specifies, which may include, without limiting the generality of
the foregoing, conditions in respect of the management and
commercial development of piers, pier rental and the
maintenance of a proper and efficient ferry service generally;
and
(c)shall be subject to the provisions of this Ordinance as it may
from time to time be amended.
(4)Without prejudice to any other provision of this Ordinance, a
franchise may, with the written consent of the grantee, be amended by
the Governor in Council.
7. (1) A franchise may be granted for an initial period not exceeding
15 years, and in calculating a franchise period no account shall be taken
of any change made from time to time in the franchised services
operated under the franchise.
(2) The Governor in Council may, at the request in writing of a
grantee, if he is satisfied that the grantee is capable of maintaining a
proper and efficient ferry service and it is in the public interest to
continue the franchised service or services. extend the franchise for a
period or periods not exceeding 15 years beginning on the date on
which the extension is granted.
(3) A request under subsection (2) may be made-
(a)not more than once in each 5 year period during the franchise
period, the first of such periods to be treated as commencing
on the date of the granting of the franchise and subsequent
periods as commencing on the fifth anniversary of the date of
commencement of the prior period, and
(b)in any case not less than 2 years before the expiration of the
franchise period.
8. A grantee shall not transfer its franchise. or any part thereof.
without the approval of the Governor in Council.
9. It shall be a condition of the franchise that. unless the Governor
in Council otherwise permits. a majority, of the directors of a grantee
shall be Commonwealth citizens ordinarily resident in Hong
Kong and shall participate actively as directors in the
management of the grantee.
10. (1) The Governor may notwithstanding any provision of the
Companies Ordinance or any other law or of any document. appoint. for
such period as he may direct, not more than 2 persons to be additional
directors of a grantee. and. notwithstanding any such provision as
aforesaid, a person so appointed may not be removed from office as
additional director of a grantee except by the Governor.
(2) A person so appointed to be an additional director of a grantee
shall primarily represent the interests of the Government and for that
purpose shall be entitled to participate at meetings of the grantee and
the board of directors of the grantee, to have access to all material
concerning' the affairs of the grantee which is available to any other
director and require such information with respect to the grantee's affairs
as lie may specify to be furnished to him; and. without prejudice to the
foregoing but subject to subsection (3). any such person shall be
treated for all purposes as if he had been appointed at a general meeting
of the grantee as a director thereof.
(3) No fee or reward. financial or otherwise. shall be paid by a
grantee to a person appointed to be an additional director of the
grantee under this section in respect of the performance of his
functions as such additional director.
11. It shall be a condition of any franchise that the grantee
shall not permit any alteration to its memorandum or articles of
association without the approval of the Governor.
PART IV
OPERATION AND CONTROL OF FRANCHISED SERVICES
12. (1) A grantee shall, at all times during the franchise
period, maintain to the satisfaction of the Commissioner a proper
and efficient ferry service.
(2) Without prejudice to the generality of subsection (1). the
grantee shall not be treated for any of the purposes of this
Ordinance as maintaining a proper and efficient ferry service unless it
provides every service authorized by its franchise or under this
Ordinance and maintains and operates every such service in accord-
ance with its franchise, this Ordinance and any direction. specifica-
tion or requirement under its franchise or this Ordinance or under
any plan in force under section 22 relating to the future operations
of the grantee.
13. (1) Subject to this section. the Governor in Council may
be notice in writing to the grantee authorize it, before the expiration
of such period as may be specified in the notice, to-
(a)alter a franchised service in the manner specified in the
notice, whether by way of increasing or reducing the
number of points of call, or otherwise;
(b)operate a new ferry service under the franchise between
such points of call as may be specified in the notice.
(2) Where under subsection (1) the Governor in Council
authorizes a grantee to operate a new ferry service, he may confer on
the grantee the exclusive right to operate such service.
(3) The grantee shall operate a new ferry service or an altered
franchised service authorized under this section in accordance with
the authorization.
(4) The period referred to in subsection (1) shall be-
(a)in the case of a notice given under paragraph (a) thereof,
not less than 6 months; and
(b)in the case of a notice given under paragraph (b) thereof,
not less than 12 months.
(5) The Governor in Council shall not give an authorization
under subsection (1) unless the grantee agrees in writing to the
proposal.
(6) A grantee may apply in writing through the Commissioner
requesting the Governor in Council to alter a franchised service or to
operate a new ferry service under this section.
(7) An application under subsection (6) shall be made, unless the
Governor in Council otherwise directs, not less than 6 months before
the proposed alteration or new ferry service is to come into force.
(8) The Commissioner may with the consent of the Governor in
Council by agreement with a grantee permit the grantee to cease
operating a ferry service.
14. (1) The Commissioner may by notice in writing direct a grantee
to alter a franchised service temporarily.
(2) The Commissioner may by notice in writing direct a grantee to
operate a temporary new ferry service under the franchise.
(3) A direction given under this section shall not begin until the
expiration of a period specified by the Commissioner which the
Commissioner considers reasonable.
(4) A direction given under this section shall have effect for an
initial period as specified in the notice not exceeding 12 months from the
date from which the direction has effect and may, be extended by the
Commissioner for a further period or periods not exceeding I
months in aggregate.
(5) In this section 'to alter a franchised service- includes to vary
the number of points of call served by a franchised service.
15. (1) As regards any franchised service. the Commissioner may
direct the grantee by notice in writing as to the frequency at which the
franchised service shall be operated and the carrying capacity and type
of ferry vessel to be used from the fleet of vessels that the grantee has
available for use.
(2) A direction under this section shall not begin until the
expiration of a period of 3 months from the giving of the notice unless
the Commissioner and the grantee otherwise agree.
(3) As regards any franchised service for which a direction is given
under this section, the grantee may increase the frequency to a greater
frequency than that at which the franchised service is directed to be
operated under this section.
(4) Where a grantee increases the frequency of a franchised service
under subsection (3), the grantee shall, if the alteration continues for a
period in excess of 48 hours, notify the Commissioner of the increased
frequency in writing.
16. (1) The Commissioner shall not direct a grantee under section
14 or 15, unless he
(a)has consulted with the Director of Engineering Development
and the Director of Marine;
(b) has given reasonable notice of the direction to the grantee;
(e) has considered any submissions made by the grantee; and
(d) has had regard to-
(i) the projected demand over a reasonable period for ferry
services;
(ii) other transport services and facilities provided or to be
provided (whether by the grantee or otherwise);
(iii) the availability of piers and ferry vessels;
(iv) the financial implications for the grantee;
(v) any additional resources that may be required by the
grantee, and
(vi) any other factors that the Commissioner considers
relevant.
(2) If a grantee disagrees with a direction given by the
Commissioner the grantee may, within 14 days of the direction. or such
further period as the Commissioner may allow. object by notice in
writing served on the Commissioner.
(3) Subject to subsection (4), the Commissioner shall within 28
days of receiving of an objection under subsection (2) notify the
grantee whether he allows or rejects the objection or intends to refer the
matter to the Governor in Council.
(4) Where an objection under subsection (2) is based on the
ground of adverse financial implications the Commissioner shall not
reject the objection until he has referred the objection and his comments
on it to the Governor in Council for his determination.
(5) Where a grantee objects under this section, it shall provide full
details of its objection including copies of all documents, papers,
submissions and financial particulars upon which it relies in support of
its objection.
17. (1) A grantee may apply in writing to the Commissioner to
exercise his powers under section 14 or 15 in respect of a franchised
service operated by the grantee.
(2) Unless the Commissioner otherwise agrees, an application
under subsection (1) shall be delivered to the Commissioner not less
than 28 days prior to the date upon which the grantee desires to
introduce the alteration or commence operating the new ferry service set
out in its application.
18. (1) Whenever a grantee suspends or alters otherwise than in
accordance with section 15(3) a franchised service for a period of more
than 48 hours, or it appears likely that a suspension or alteration will last
for more than 48 hours, the grantee shall notify the Commissioner as
soon as practicable after it becomes aware that the suspension or
alteration is likely to last for more than 48 hours.
(2) The Commissioner may direct a grantee to supply within a
reasonable time such information as the Commissioner thinks fit relating
to the cause of any suspension or alteration referred to in subsection (1)
and the steps taken or proposed to be taken by the grantee in relation
thereto.
(3) Whenever a grantee suspends or alters a service for less than
48 hours, the Commissioner may direct the grantee to supply within a
reasonable time such information as the Commissioner thinks fit relating
to the suspension or alteration.
(4) Where a grantee suspends or alters a franchised service for
more than 48 hours otherwise than in accordance with section 15(3) the
Commissioner may--
(a)direct the grantee to make application for a variation of the
franchised service;
(b) direct the grantee to resume the franchised service; or
(c) take such other action under this Part as he sees fit.
(5) Where a grantee suspends or alters a franchised service by
reason of circumstances beyond its control, such suspension or
alteration shall not be taken as a breach of its franchise or a failure to
maintain a proper and efficient service if the grantee complies with the
requirements of this section and all the requirements and directions of
the Commissioner in relation to the suspension or alteration.
19. (1) The Governor in Council may by order determine-
(a)the maximum fares that may be charged for the carriage of
passengers, baggage. goods and vehicles on any franchised
service and may determine such fares in relation to classes of
passengers. times of operation of the franchised services. and
standards of ferry vessel accommodation, and
(b)the maximum rate of increase that may be permitted by the
Commissioner under subsection (3) within the schedule of
maximum fares determined under paragraph (a).
(2) Where the Commissioner directs a grantee under section 14 to
alter a franchised service temporarily by operating over a different
journey distance, or to operate a temporary new ferry service under the
franchise, the Commissioner shall determine the maximum fares which
may be charged for the carriage of passengers, baggage., goods and
vehicles on such service and such fares shall be calculated having
regard to the appropriate maximum fares determined under subsection
(1)(a) and the classes of passengers and standards of ferry vessel
accommodation.
(3) Where the Commissioner is satisfied that circumstances require
a franchised service to be operated
(a)where a direction is given under section 15. at a frequency
greater than that specified in that direction.
(b)during a period or on a day other than that specified in a
direction under section 15; or
(c)with a ferry vessel of a carrying capacity or type other than
that specified in a direction under section 15.
he may by notice in writing permit the grantee to charge an increased
fare for the carriage of passengers. bag-age, goods and vehicles on
such service during the operation of such service, and such increased
fare shall be calculated having regard to the appropriate maximum fares
determined under subsection (1)(a), and such additional amount as the
Commissioner may think fit not exceeding the maximum rate of increase
determined under subsection (1)(b).
(4) A grantee may apply in writing to the Governor in Council
through the Commissioner for a revision of the maximum fares applicable
in relation to a ferry service.
(5) If a grantee applies under subsection (4) for a revision of the
maximum fares applicable in relation to a ferry service and provides full
details including all documents. papers. submissions and financial
particulars upon which it bases its application for revision, the
Commissioner shall submit the application to the Governor in Council for
determination as soon as is practicable after receiving such details and
in any event not more than 6 months after receiving such details.
(6) A grantee shall not charge
(a)a fare exceeding the maximum fare determined under
subsection (1)(a) or (2) or permitted under subsection (3); or
(b)except with the prior permission of the Commissioner, a fare
other than that determined or permitted under this section.
20. (1) As regards any franchised service the Commissioner may,
from time to time, after consultation with the Director of
Marine, the Director of Engineering Department and the grantee,
by notice in writing specify the piers or berths to be used by the
grantee for the purposes of such franchised service.
(2) Subject to this Ordinance, the grantee shall not use a pier or
berth other than a pier or berth specified under this section for the
purposes of any franchised service.
21. (1) In respect of any franchise, the Commissioner may by notice
in writing direct the grantee to keep. in such form as the Commissioner
may reasonably require, records in respect of all or any of the following
matters
(a)the number and capacity of the ferry vessels in use on each
franchised service each day;
(b)the number of journeys operated by each ferry vessel on a
franchised service each day;
(c)the number and classification of passengers and vehicles
carried on each ferry journey on each franchised service each
day,
(d)the number and classification of passengers and vehicles
carried on each franchised service each day;
(e) the daily receipts in respect of each franchised service;
the number and specifications of ferry vessels used or kept by
the grantee for the purposes of or in connexion with its
franchise, and the number and specifications of ferry vessels
under construction or which have been ordered for the
purposes of the franchise;
(g)the maintenance of ferry vessels, piers and any other facilities
employed by a grantee in connexion with the franchise.
(2) A grantee shall furnish to the Commissioner, at such times and
in such form as he may reasonably direct, copies of any records which it
is directed to keep pursuant to any notice under subsection (1
(3) The Financial Secretary or any person authorized in writing by
him may inspect, at any reasonable time, any records and accounts kept
by the grantee in connexion with its franchise and make and take away
copies of any such records or accounts.
22. (1) A grantee and the Commissioner shall not later than 30
November in each year reach agreement as far as they are able on a plan
relating to the operations of the grantee for the next 5 years.
(2) In the event that the grantee and the Commissioner fail to reach
agreement on any point in a plan, the Commissioner shall forward the
details of the point in disagreement. including the grantee's submissions
in relation thereto, to the Secretary for Transport who shall decide on
the point having regard to the submissions of the grantee and the
Commissioner and such decisions of the Secretary for Transport shall be
incorporated in the plan.
(3) In the exercise of any power under this Ordinance, the
Governor in Council and the Commissioner shall have regard to any plan
in force under this section.
(4) Where a grantee fails to comply with a plan in force under this
section by reason of circumstances beyond its control, such failure shall
not be taken as a breach of its franchise or a failure to maintain a proper
and efficient service.
23. (1) The Governor in Council may by notice in writing impose on
a grantee a financial penalty specified in the notice for any failure by the
grantee to comply with its franchise or this Ordinance or any direction or
requirement under its franchise or this Ordinance or any provision of
any plan in force under section 22 where the Governor in Council is
satisfied that the grantee has had reasonable
opportunity of complying with its franchise, this Ordinance. the
direction or the requirement, as the case may be. and an opportunity of
showing cause why the penalty should not be imposed.
(2) A financial penalty imposed under this section shall not exceed
(a) in respect of any one or more failures-
(i) $10,000 in the case of a first imposition of such penalty;
(ii) $20,000 in the case of a second imposition of such
penalty;
(iii) $50,000 in the case of a third or subsequent imposition
of such penalty; and
(b)in respect of any failure which is of a continuing nature
$10,000 for each day on which the failure continues.
(3) A financial penalty imposed under this section shall be
recoverable by the Government as a civil debt.
(4) Where the Governor in Council is considering the imposition of
a penalty on a grantee under this section and a penalty has previously
been imposed on the grantee under this section, the Governor in
Council shall not consider any failures of the grantee which were
considered for the imposition of the penalty on the previous occasion
unless the grantee has failed to pay that previous penalty or to rectify
any, default that gave rise to such failure.
PART V
EMERGENCY AND REVOCATION
24. (1) If the Governor in Council considers-
(a)that an emergency exists or is likely to come into existence; or
(b)after consultation between the grantee and the Commissioner,
that there is or is likely to be a substantial breakdown for any
reason in the operation of a franchised service,
he may suspend the franchise either altogether or in respect of any such
franchised service operated thereunder as he may specify, and such
suspension shall have effect until the Governor in Council terminates
the suspension or declares that the circumstances that gave rise to the
suspension no longer exist.
(2) Where under subsection (1) a franchise is suspended altogether
or in respect of any franchised service, the Government may take
possession of any property of the grantee used or kept by it for the
purposes of or in connexion with its franchise and the Government or its
nominee may use such property in the operation of such ferry service as
the Commissioner thinks fit.
(3) A grantee shall be entitled to compensation for the use or
loss of or damage to any of its property of which possession has been
taken under subsection (2) and, except where a franchise is revoked
under section 25, for any loss or damage sustained in consequence of
any suspension of its franchise or of any franchised service under
subsection (1).
25. (1) If it appears to the Governor in Council that without
good cause a grantee has failed, or is likely to fail, to maintain a
proper and efficient ferry service, either generally or in respect of any
franchised service the Governor in Council may direct the Commis-
sioner to serve on the grantee a notice in writing requiring the
grantee to show cause in writing, within 28 days after the service of
the notice-
(a)why its authority to operate any franchised service set out
in the notice should not be revoked; or
(b) why its franchise should not be revoked altogether.
(2) Any notice served under subsection (1) shall specify the
ground for revoking the franchise or any authority thereunder and
may relate to and include any franchised service whether the grantee
has failed to maintain a proper and efficient ferry service in relation
to that service or not.
(3) If, after the service of a notice under subsection (1)(a)-
(a)the grantee does not show cause why its authority to
operate the franchised services set out therein should not
be revoked; or
(b)the Governor in Council. having considered any repre-
sentations made by the grantee, is of the opinion that the
grantee has not shown cause why such authority should
not be revoked,
the Governor in Council may, with effect from such date as he may
specify, revoke the right of the grantee to operate all or any of the
franchised services set out in the notice.
(4) If, after the service of a notice under subsection (1)(b)-
(a)the grantee does not show cause why the franchise should
not be revoked altogether; or
(b)the Governor in Council, having considered any representa-
tions made by the grantee, is of the opinion that the
grantee has not shown cause why the franchise should
not be revoked altogether,
the Governor in Council may, with effect from such date as he may
specify, revoke the franchise.
(5) Notice of any revocation under this section shall be served
on the grantee and, as soon as practicable thereafter, published in
the Gazette.
(6) A grantee shall not be entitled to compensation in respect of
the revocation of a right or franchise under this section.
26. (1) where a franchise is revoked under section 25 the
Government may take possession of any property used or kept by a
grantee for the purposes of or in connexion with the operation of any
ferry service under the franchise so revoked and such property may be
used by the Government, or its nominee. in the operation of such ferry
service as the Commissioner thinks fit.
(2) Any property of which possession is taken under subsection
(1) may be retained by the Government for such initial period, not
exceeding 2 years, as the Governor in Council may direct and such
period may be extended by resolution of the Legislative Council for
further successive periods not exceeding 6 months each.
(3) At any time during or upon the expiration of the period.
including any extension thereof, referred to in subsection (2), any
property of which possession is taken under subsection (1) may be
returned to the grantee of the revoked franchise or otherwise disposed
of in such manner and upon such terms as the Governor in Council
thinks fit and where any property is disposed of otherwise than by
return the owner shall be entitled to compensation to the extent that the
property is not replaced or otherwise compensated for.
(4) Where possession is taken under subsection (1) of any
property. the owner shall be entitled to compensation for the use or loss
of or damage to such property.
(5) In calculating the amount of compensation payable under
subsection (4), the amount of any compensation payable under section
24(3) shall be deducted from such amount.
(6) In this section 'property used or kept by a grantee for the
purposes of or in connexion with the operation of any ferry Service'
includes property so used or kept which is also used or kept for any
other purposes.
27. (1) If the Government and an owner are unable to agree as to the
amount of compensation payable under this Part, either party may refer
the matter to arbitration under the Arbitration Ordinance.
(2) In determining the amount of compensation payable an
arbitrator shall have regard to any matter he considers relevant, subject
to this Ordinance and to the value of any asset taken over in the
operation of a ferry service.
PART VI
FERRY SERVICE LICENCES
28. (1) Subject to this Ordinance, the Commissioner may if he thinks
fit grant to any person a licence to operate a ferry service between such
points as are specified in the licence.
(2) A licence-
(a) may be granted in such form as the Commissioner thinks fit;
(b)shall be subject to such conditions as the Commissioner may
specify; and
(c)may, after consultation with the licensee, be amended by the
Commissioner.
(3) The Commissioner may, after consultation with a licensee and
having regard to the financial circumstances of the licensee, specify by
notice in writing served by post on the licensee the minimum frequency
of a licensed service.
(4) The Commissioner shall, before granting a licence under
subsection (1), consult with the Director of Marine and the Director
of Engineering Development with respect to the proposed grant and
the proposed conditions of such licence.
(5) The Commissioner may require an applicant for a licence to
supply such information in such manner as the Commissioner may
reasonably require in order to decide whether or not to grant a licence to
the applicant.
(6) Where 2 or more persons apply, or it appears to the
Commissioner that 2 or more persons are likely to apply, separately for a
licence to operate substantially the same ferry service between the same
points, the Commissioner shall. without prejudice to this section, make
arrangements for such applications to be made by way of public tender
in such manner and within such period as he may determine; but the
Commissioner shall not be bound to grant any application so made, and
any application relating to such ferry service which is made otherwise
than in accordance with such arrangements while they are in force shall
not be considered.
(7) Any person whose application for a licence is not granted by
the Commissioner may appeal in writing-
(a)against the decision of the Commissioner, within 28 days of
the date of such decision, to the Secretary for Transport who
may confirm or set aside such decision after considering any
written representations submitted to him by the appellant and
the Commissioner in respect of that decision; and
(b)if he is aggrieved by the decision of the Secretary for
Transport, to the Governor in Council within 28 days of the
date of that decision, and the decision of the Governor in
Council on any such appeal shall be final.
29. (1) A licence may be granted for any period not exceeding 3
years.
(2) The Commissioner may, at the request of the licensee, during
any period while the licence is in force, extend the period of the licence
for a further period or periods not exceeding 3 years at any one time. so
that the period for which the licence was granted
together with all extensions thereof shall not in any case exceed in
the aggregate a period of 10 years.
30 A licensee shall not transfer his licence without the
approval of the Commissioner.
31. (1) A licensee shall, at all times during the licence period,
maintain to the satisfaction of the Commissioner a proper and
efficient ferry service.
(2) Without prejudice to the generally of subsection (1), the
licensee shall not be treated for any of the purposes of this Ordi-
nance as maintaining a proper and efficient ferry service unless he
maintains the service and operates the same in accordance with the
licence, this Ordinance and any direction. specification or require-
ment under the licence or this Ordinance.
32. (1) Whenever a licensee suspends or alters a licensed
service so that it is suspended or altered for---
(a)more than 48 hours in the case of a daily or more frequent
service, or
(b)two or more successive occasions occurring during a
period of not less than 5 days in any other case,
the licensee shall give notice in writing to the Commissioner as soon
as practicable after the licensee becomes aware that the suspension
or alteration is likely so to continue or occur for such a period.
(2) The Commissioner may require a licensee to supply, within
a reasonable time, such information as the Commissioner thinks fit
relating to the cause of any suspension or alteration referred to in
subsection (1) and the steps taken or proposed to be taken by the
licensee in relation thereto.
(3) Whenever a licensee suspends or alters a licensed service
and is not required to give notice to the Commissioner under
subsection (1), the Commissioner may require a licensee to supply,
within a reasonable time, such information as the Commissioner
thinks fit relating to the suspension or alteration.
(4) As regards any suspension of or alteration to any licensed
service, the Commissioner may-
(a)authorize the suspension or alteration of such service on
such terms and conditions as he sees fit; or
(b)direct the licensee to resume any service so altered or
suspended.
(5) Where a licensee suspends or alters a licensed service by
reason of circumstances beyond his control, such suspension or
alteration shall not be taken as a breach of his licence if he complies
with all the requirements of this section and all the requirements and
directions of the Commissioner in relation to the suspension or
alteration.
33. (1) The Commissioner may by notice in the Gazette determine
the maximum fares that may be charged for the carriage of passengers,
baggage, goods and vehicles on any licensed service.
(2) A licensee shall not charge a fare exceeding the maximum fare
determined under subsection (1).
(3) Nothing in this section shall prevent a licensee from charging a
fare lower than the maximum fare determined under subsection (1).
34. (1) If it appears to the Commissioner that without good cause a
licensee has failed, or is likely to fail, to maintain a proper and efficient
ferry service the Commissioner may serve on the licensee a notice
requiring the licensee to show cause in writing, within 14 days after the
service of the notice, why his licence should not be revoked, and any
such notice shall specify the ground for revoking such licence.
(2) If, after the service of a notice under subsection (1)-
(a)the licensee does not show cause why the licence should not
be revoked; or
(b)the Commissioner, having considered any representations
made by the licensee, is of the opinion that the licensee has
not shown cause why the licence should not be revoked.
the Commissioner may by notice in writing served on the licensee
revoke the licence, with effect from such date as he may specify in such
notice.
35. Any person who at the commencement of this Ordinance. is
licensed to maintain a ferry under the repealed Ferries Ordinance shall be
deemed to be licensed to operate a ferry service under this Ordinance
until the date on which the licence under the Ferries Ordinance would, if
this Ordinance had not been enacted, have expired by virtue of
regulation 4 of the Ferries Regulations made under that Ordinance.
36. The Commissioner shall, not later than 31 March in each year,
report to the Governor in Council on all actions taken by him under this
Part during the preceding year.
PART VII
MISCELLANEOUS
37. (1) The Financial Secretary and the grantee may, with the
approval of the Governor in Council, enter into an agreement to control
the level and distribution of profits arising from the operations of the
grantee under the franchise, any agreement entered into in pursuance of
this Ordinance and any other operations of the
grantee specified in the agreement.
(2) An agreement entered into under subsection (1) may specify
circumstances under which the right to control the level and distribution
of profits may be exercised.
(3) The operations of the grantee which may be specified in an
agreement entered into under this section may include any operation of
the grantee and shall not be limited to operations conducted under or in
pursuance of this Ordinance or the franchise.
(4) The terms of any agreement entered into under this section shall
be reviewed every 3 years by the Financial Secretary and the grantee.
(5) Any amendment agreed to by the Financial Secretary and the
grantee shall be subject to the approval of the Governor in Council.
(6) The Financial Secretary may at any reasonable lime. inspect any
record or account kept by the grantee in connexion with its franchise or
any operations specified in an agreement entered into tinder this section
and the Financial Secretary may make and take away copies of any such
record or account.
(7) The grantee shall supply upon the written request of the
Financial Secretary any relevant financial information regarding the
operations under the franchise.
38. (1) The Director of Engineering Development or any person authorized by him, may-
(a) at all reasonable times inspect-
(i) any premises used by a grantee or licensee in connexion
with a franchise or licence and all facilities provided by a
grantee or licensee for the safe operation. maintenance and
repair of all buildings, structures, piers and electrical and
mechanical plant and equipment so used;
(ii) any pier wholly or partly maintained by a grantee or
licensee in connexion with a franchise or licence;
(b)require a grantee or licensee to carry out in respect of all such
piers or such of those piers as he may specify, any inspection
or survey, repair, provision of equipment, maintenance or other
works, within such reasonable time as he may specify.,
(c)require an independent inspection or survey of any such plant,
equipment or pier at such periodical intervals as he may
reasonably specify, by a qualified person approved by him.
(2) A grantee or licensee shall afford such facilities for carrying
out of any inspections referred to in subsection (1) as may be
required by the Director of Engineering Development.
(3) The cost of any inspection, independent inspection or survey,
repair, equipment, maintenance or other works required
under subsection (1)(b) or (c) shall be borne by the grantee or licensee.
(4) This section shall be construed so that the powers granted
by it to the Director of Engineering Development are in addition to
and do not derogate from any other power howsoever granted to or
vested in the Director of Engineering Development.
39. (1) The Director of Marine or any person authorized by him,
may
(a)at all reasonable times inspect any ferry vessel and any
premises or pier used by a grantee in connexion with its
franchise; and
(b)require a grantee to carry out in respect of all such ferry
vessels or such of those vessels as he may specify, any repair,
provision of equipment, maintenance or other works, within
such reasonable time as he may specify.
(2) A grantee shall afford such facilities for the carrying out of any
inspections referred to in subsection (1)(a) as may be required by the
Director of Marine.
(3) This section shall be construed so that the powers granted by it
to the Director of Marine are in addition to and do not derogate from
any other power howsoever granted to or vested in the Director of
Marine.
40. The Commissioner or any person authorized in writing by him
may at all reasonable times have access to and may enter upon any pier
or ferry vessel used in connexion with any ferry service.
41. (1) A grantee or licensee aggrieved by any decision, direction or
requirement of the Secretary for the Transport, the Commissioner. the
Director of Engineering Development or the Director of Marine or any
person authorized by any one of them, under this Ordinance or the
franchise or licence may, within 28 days of the giving or making of the
decision, direction or requirement. appeal by petition to the Governor in
Council, and the decision of the Governor in Council on any such appeal
shall be final.
(2) Where a grantee or licensee appeals under subsection (1), the
decision, direction or requirement, as the case may be, shall not have
effect until the appeal has been determined, unless the Governor in
Council otherwise directs.
42. Any person who obstructs a public officer in the carrying out of
his duties or the exercise of his powers under this Ordinance commits an
offence and is liable to a fine of 55,000 and to imprisonment for 6
months.
43. The Commissioner shall from time to time, as he thinks
necessary, cause to be published in the Gazette a list of all franchised
services and licensed services.
44. (1) The Governor in Council may make regulations for all or any
of the following matters
(a)the provision of adequate signs and destination indicators at
piers used by ferry vessels;
(b)regulating the conduct of persons while employed by a
grantee or a licensee;
(c)regulating the carriage of passengers, baggage, goods and
vehicles on ferry vessels,
(d)the method of payment of fares by passengers and for vehicles
carried on, such vessels;
(e) regulating the use of piers used by ferry vessels,
(f) the safe and efficient operation of ferry services;
(g)the control and marshalling of passengers and of vehicular
traffic on or about any ferry vessel, pier or adjacent roadway;
(h)the fees, rent, pier rent or premium to be paid in respect of any
licence;
(i)the publication by grantees and licensees of adequate
information in relation to schedules of services and fares:
regulating the use of defined areas of ferry vessels, piers and
adjacent or ancillary buildings by restricting or permitting
such activities therein as may be prescribed,
(k)permitting prescribed persons to seek prescribed information
relating to the identity of persons reasonably suspected of
contravening the Ordinance.
(1) generally for the purposes of this Ordinance.
(2) Any such regulations may provide that a contravention of
specified provisions thereof shall be an offence and may provide
penalties therefor not exceeding 6 months imprisonment and a fine of
$5,000.
45. (1) Subject to this Ordinance and to the terms of its franchise, a
grantee may make by-laws for all or any of the following matters
(a)the protection of property owned or controlled by the grantee;
(b)the prevention of frauds by passengers or members of the
public on the grantee;
(c)the safe and efficient operation of the grantee's ferry, service;
(d)the procedure to be followed in respect of accidents involving
ferry vessels;
(e)generally as to the conduct of persons while using piers and
the grantee's ferry vessels and in particular (but without
prejudice to the generality of the foregoing) for
(i) authorizing the removal from such a ferry vessel or pier
of any person contravening the by-laws by an employee of
the grantee or at the request of an employee by a police
officer;
(ii) requiring any person on a ferry vessel or pier
reasonably suspected of contravening the by-laws to give his
name and address on demand.,
(iii) requiring a passenger to declare, if so requested, the
journey he intends to take or has taken on the ferry vessel
and to pay the fare for the whole of that journey and to accept
any ticket provided therefor;
(M requiring, on demand being made for the purpose by a
person authorized by the grantee. production during the
journey and surrender at the end of the Journey by a
passenger of any ticket issued to him.
(v) requiring a passenger, if so requested. to leave the ferry
vessel on the completion of the journey for which he has
paid;
(vi) requiring the surrender by a passenger on the
expiration of the period for which it is issued of a ticket issued
to him.
(2) By-laws made under subsection 1 shall be subject to the
approval of the Legislative Council.
(3) Any such by-laws may provide that a contravention of specified
provisions thereof shall be an offence and may provide penalties
therefor not exceeding a fine of 52.000.
(4) A grantee shall cause printed copies of all by-laws made under
this section to be kept at its registered office and to be sold at a
reasonable charge to any person applying therefor.
46. (1) [Spent]
(2) For the avoidance of doubt. it is hereby declared that
notwithstanding the repeal of the Hong Kong and Yaumati Ferry
Company (Services) Ordinance and the ---Star-Ferry Company,
(Services) Ordinance, the Hong Kong and Yaumati Ferry Company By-
laws and the 'Star- Ferry Company. Limited, By-laws shall. save in so far
as they are inconsistent with any of the provisions of this Ordinance,
continue in operation until they are replaced by by-laws made under
section 45 which are expressed to be in substitution for such by-laws.
(Amended, L.N. 345182)
Originally 30 of 1982. L.N. 345/82. Short title. Interpretation. (Cap. 313.) Power of Governor to give directions to public officer. Prohibition of operation of ferry service except under a franchise or licence. Exempted ferry services. (Cap. 281, sub. leg.) Grant of franchises. (Cap. 32.) Periods of franchise and extensions thereof. Restriction on transfer of franchise. Directors of grantee companies. Governor may appoint additional directors. (Cap. 32.) Grantee not to alter memorandum or articles without Governor's approval. Grantee to maintain proper service. Alteration of services and provision of new services. Temporary alteration of services and provision of temporary new services. Commissioner may specify frequency of services and carrying capacity and types of vessels. Conditions etc., with respect to directions. Application by grantee in respect of temporary alterations to services. Suspension or alteration of franchised service in circumstances beyond the control of a grantee. Fares on franchised services. Commissioner may specify piers and berths. Records. Forward planning. Governor in Council may impose financial penalty. Emergency or breakdown in franchised service. Revocation of authority to operate a franchised service or of franchise. Temporary taking by Government of property where franchise has been revoked. Arbitration. (Cap. 341.) Grant of licence. Period of grant. Restriction on transfer of licence. Licensee to maintain proper service. Suspension or alteration of licensed service. Fares on licensed services. Revocation of licence. Transitional provision. (Cap. 104, 1977 Ed.) (Cap. 104, 1977 Ed.) (Cap. 104, sub. leg. A. 1964 Ed.) Commissioner to report. Profit Control Scheme. Inspection by Director of Engineering Development of premises. Inspection by Director of Marine of ferry vessels. Commissioner may have access. Appeal by grantee or licensee. Obstruction of public officers. Publication of franchised and licensed services. Regulations. By-laws. Repeals and savings. (Cap. 266, 1979 Ed.) (Cap. 274, 1977 Ed.)
Abstract
Originally 30 of 1982. L.N. 345/82. Short title. Interpretation. (Cap. 313.) Power of Governor to give directions to public officer. Prohibition of operation of ferry service except under a franchise or licence. Exempted ferry services. (Cap. 281, sub. leg.) Grant of franchises. (Cap. 32.) Periods of franchise and extensions thereof. Restriction on transfer of franchise. Directors of grantee companies. Governor may appoint additional directors. (Cap. 32.) Grantee not to alter memorandum or articles without Governor's approval. Grantee to maintain proper service. Alteration of services and provision of new services. Temporary alteration of services and provision of temporary new services. Commissioner may specify frequency of services and carrying capacity and types of vessels. Conditions etc., with respect to directions. Application by grantee in respect of temporary alterations to services. Suspension or alteration of franchised service in circumstances beyond the control of a grantee. Fares on franchised services. Commissioner may specify piers and berths. Records. Forward planning. Governor in Council may impose financial penalty. Emergency or breakdown in franchised service. Revocation of authority to operate a franchised service or of franchise. Temporary taking by Government of property where franchise has been revoked. Arbitration. (Cap. 341.) Grant of licence. Period of grant. Restriction on transfer of licence. Licensee to maintain proper service. Suspension or alteration of licensed service. Fares on licensed services. Revocation of licence. Transitional provision. (Cap. 104, 1977 Ed.) (Cap. 104, 1977 Ed.) (Cap. 104, sub. leg. A. 1964 Ed.) Commissioner to report. Profit Control Scheme. Inspection by Director of Engineering Development of premises. Inspection by Director of Marine of ferry vessels. Commissioner may have access. Appeal by grantee or licensee. Obstruction of public officers. Publication of franchised and licensed services. Regulations. By-laws. Repeals and savings. (Cap. 266, 1979 Ed.) (Cap. 274, 1977 Ed.)
Identifier
https://oelawhk.lib.hku.hk/items/show/2453
Edition
1964
Volume
v8
Subsequent Cap No.
104
Number of Pages
23
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FERRY SERVICES ORDINANCE,” Historical Laws of Hong Kong Online, accessed May 3, 2025, https://oelawhk.lib.hku.hk/items/show/2453.
