SHIPPING AND PORT CONTROL (HONG KONG - CHINA AND MACAO FERRY TERMINALS) REGULATIONS

SHIPPING AND PORT CONTROL (HONG KONG - CHINA AND MACAO FERRY TERMINALS) REGULATIONS

SHIPPING AND PORT CONTROL (HONG KONG-CHINA AND

MACAU FERRY TERMINALS) REGULATIONS


ARRANGEMENT OF REGULATIONS

Regulation Page


PART I

PRELIMINARY

1. Cita i ................................... ... ... ... ... H 3

2. Interpretation ........................... ... ... ... ... ... ... ... H3

3. Designation of terminals .............. ... ... ... ... ... ... ... ... H 4

PART II

CONTROL OF TERMINALS GENERALLY

4......................Terminals under control of Director ... ... ... ... ... ... ... ... H 4

5..................Ferry vessels to use terminals ... ... ... ... ... ... ... ... ... ... H 4

6. Owners or masters to comply with requirements of Director ... ... ... ... H 4

7. Control of arrivals and departures of ferry vessels ... ... ... ... ... ... H 5

8....................Returns by owners or masters ... ... ... ... ... ... ... ... ... H 5

9 ........................Entering, leaving or remaining in a terminal ... ... ... ... ... ... H 5

10...................Embarkation and disembarkation ... ... ... ... ... ... ... ... ... H 5

PART III

RESTRICTED AREAS

11...................Declaration of restricted areas ... ... ... ... ... ... .. 1 ... H 5

12.................................Prohibition of entry, etc. to restricted area without valid pass ... ... ... H 6

13.....................Issue of passes and grounds for refusal ... ... ... ... ... ... ... ... H 6

14...............Application for passes ..... ... ... ... ... ... ... ... ... ... ... H 6

15...................General provisions as to passes ... ... ... ... ... ... ... ... ... H 7

16............................Contents of passes and duration of validity thereof ... ... ... ... ... H 7

17...............Cancellation of passes ..... ... ... ... ... ... ... ... ... ... ... H 7

18...................Procedure on cancellation of pass ... ... ... ... ... ... ... ... ... H 8

19. Action by employer where pass no longer required .. ... ... ... ... ... H 8
20. Pass to be surrendered on cessation of employment ... ... ... ... ... ... H 9







21...................Pass to be surrendered on demand ... ... ... ... ... ... ... ... ... H 9
22...................Pass to be worn on outer clothing ... ... ... ... ... ... ... ... ... H 9

23......................Exemption for bona fide passengers ... ... ... ... ... ... ... ... H 9

24. Lost pass ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... H 10

25. Issue of replacement pass... ... ... ... ... ... ... ... ... ... ... H 10





Regulation Page
PART IV
MISCELLANEOUS
26. Control of vehicles ... ... ... ... ... ... ... ...
... ... ... ... ... H10
27. Power in relation to animals and articles ... ... ... ... ... ... ... ... H 10
28. Permission of master to board or load cargo ... ...
... ... ... ... ... H 11
29. Business and advertising in terminals ... ... ... ...
... ... ... ... ... H 11
30. Intoxicated persons ... ... ... ... ... ... ...
... ... H11
31. Per-mission to remain on a ferry vessel... ... ... ...
... ... ... ... ... H 11
32. General prohibitions ... ... ... ... ... ... ... .1 .
... ... ... ... H 11
33. Berthing fee ...... ... ... ... ... ... ... ... ... ... ... ... ... H 11
34. Embarkation fee ...... ... ... ... ... ... ... ... ... ... ... ... H 12
35. Offences and penalties... ... ... ... ... ... ...
... ... ... ... ... H 12
36. Power to detain persons ... ... ... ... ... ... ...
... ... ... ... ... H 13
37. Fees ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... H 13

Schedule..Fees.............................. ... ... ... ... ... ... ... ... ... H 14





SHIPPING AND PORT CONTROL (HONG KONG-CHINA
AND MACAU FERRY TERMINALS) REGULATIONS

(Cap. 313, section 80)

[1 February 1983.]

PART 1

PRELIMINARY

1. These regulations may be cited as the Shipping and Port Control
(Hong Kong-China and Macau Ferry Terminals) Regulations.

2. In these regulations, unless the context otherwise requires

'authorized officer' means a public officer authorized in writing by the
Director for the purposes of any of these regulations and any
police officer on duty within a terminal;

'crew pass' means a standard or temporary crew pass issued under
regulation 13;

'Terry vessel' means a vessel which plies regularly from a terminal for
the conveyance of passengers between

(a) Hong Kong and Macau; or

(b) Hong Kong and any place in China,

whether or not the vessel also carries cargo;

'pass' means any pass issued under regulation 13 or a replacement
pass issued under regulation 25;

'pass holder' means

(a)in relation to a pool pass, the authorized officer to whom it is
issued and includes any person using a pool pass by the
authority of an authorized officer; and

(b)in relation to a crew pass or a restricted area pass, the person
in whose name the pass is issued;

'pool pass' means a pool pass issued under regulation 13;

'restricted area' means an area declared under regulation 11 to be a
restricted area;

'restricted area pass' means a standard or temporary restricted area
pass issued under regulation 13;

'terminal' means a terminal the boundaries of which are declared under
regulation 3;

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





3. (1) The Governor may, by order published in the Gazette, declare
the boundaries of terminals to be used by ferry vessels arriving in or
leaving the waters of Hong Kong.

(2) A terminal shall include-

(a)all land and water within the boundaries of the terminal; and

(b)any building, street, pier or pontoon within the said
boundaries.

PART 11

CONTROL OF TERMINALS
GENERALLY

4. (1) A terminal shall be under the control of the Director.

(2) Except with the permission of the Director, no vessel shall enter
a terminal.

(3) The Director may close the whole or a part of a terminal for such
period as he may specify.

(4) The Director may, by notice or sign exhibited in a terminal,
prohibit access to the whole or a part of the terminal, at such time as he
may specify, by

(a) any person or class of persons;

(b) any vessel or class of vessels;

(c) any vehicle or class of vehicles.

5. Except with the permission of the Director-

(a) no person shall be embarked on or disembarked from; and

(b) no cargo shall be loaded on or discharged from, a ferry vessel
other than at a place within a terminal which is allocated to that ferry
vessel for such purpose by the Director.

6. (1) The owner or master of a vessel in a terminal or entering or
leaving a terminal shall comply with such directions as the Director may
give.

(2) Without prejudice to the generality of paragraph (1), the
Director may direct the owner or master of a vessel in a terminal

(a) to anchor or secure the vessel at any place in the terminal;

(b)to move the vessel from any place in the terminal to any other
place therein;

(c)to remove the vessel from the terminal for such period as the
Director may specify.





(3) The owner or master of a ferry vessel when navigating
within or entering or leaving a terminal shall, so far as practicable,
have regard to any information or advice conveyed to him by an
authorized officer.

7. The Director may, by notice in writing served on the owner
or master of a ferry vessel, specify the time of arrival at, or departure
from, a terminal of the ferry vessel, either generally in respect of a
series of arrivals or departures, or in respect of a particular arrival or
departure, and the owner or master shall comply with such notice.

8. The owner or master of a ferry vessel shall, at such times as
the Director may require, make to the Director a return showing, in
respect of such period as may be specified by the Director, such
particulars as the Director may require-

(a) of each voyage made by the ferry vessel;

(b) of the cargo carried on each voyage of the ferry vessel;

(c)of the number of passengers carried on each voyage of the
ferry vessel, and the category of such passengers for the
purposes of regulation 34;

(d)of the number of persons embarking and disembarking at
each port of call during each voyage of the ferry vessel; and

(e) relating to the manning or operation of the ferry vessel.

9. No person shall-

(a) enter or leave a terminal or a restricted area except by such
entrances and exits as are specified by the Director; or

(b)remain in a terminal, or any part thereof, after he has been
ordered to leave the terminal, or such part thereof, by the
Director,

10. Except with the permission of the Director, no person shall
embark on, or disembark from, a ferry vessel in a terminal-

(a) whilst the ferry vessel is in motion;

(b) otherwise than by an authorized gangway; or

(c) by means of any other vessel.

PART 111

RESTRICTED AREAS

11. The Director may, by notice published in the Gazette,
declare any area within a terminal to be a restricted area.





12. Subject to these regulations, no person shall enter or
remain in a restricted area unless he has on his person a valid pass
issued to him in respect of that restricted area.

13. (1) The, Director may issue-

(a) a pool pass-
(i) to any authorized officer; and
(ii) to any other person where he is satisfied that by
reason of the nature of his occupation or employment such
person requires immediate access to a restricted area; or

(b)a crew pass or a restricted area pass to any person on
application being made therefor under regulation 14 and,
in the case of an applicant who is not an authorized officer,
on payment of the prescribed fee.

(2) A pass shall be in such form and subject to such conditions
as may be specified by the Director.

(3) The following provisions shall apply in relation to the issue
of passes under paragraph (1)(b), that is to say-

(a)a crew pass, which may be either standard or temporary,
may be issued only to a person who is a member of
the crew of a ferry vessel permitted to use the terminal
concerned if it is shown to the satisfaction of the Director
that such person is signed on the articles of agreement of
that vessel;

(b)a restricted area pass, which may be either standard or
temporary, may be issued only to a person in respect of
whom it is shown to the satisfaction of the Director that
by reason of the nature of his occupation or employment
such person requires frequent and regular access to the
restricted area concerned.

(4) The Director shall refuse to issue a pass if it appears to
him that-

(a)the person requiring the pass or for whom it is required is
for any reason relating to or connected with the security of
the terminal concerned not a fit person to have access to a
restricted area; or

(b)access to a restricted area is unnecessary by reason of the
nature of the occupation or employment of the person
requiring the pass or for whom it is required.

14. Application for the issue of a crew pass or a restricted area
pass shall be-

(a)made by a person requiring the pass or an employer on
behalf of his employee;





(b) made to the Director in the form specified by him; and

(c) accompanied by-
(i) the documents specified therein;
(ii) such other particulars as may be required by the
Director; and
(iii) in the case of an applicant who is not an authorized
officer, the prescribed fee.

15. (1) A pass shall not entitle the holder thereof to embark
on a ferry vessel as a passenger.

(2) A pass holder shall not transfer his pass to any other
person.

(3) A pass holder shall produce his pass for examination on
entering or leaving the terminal in respect of which the pass is issued,
and at any time while he is present therein if so required by the
Director.

16. Every pass shall-

(a)if so required by the Director, bear sufficient means of
identification of the pass holder;

(b)specify the restricted area or areas in respect of which it is
issued;

(c) indicate the period for which it is issued which-
(i) in the case of a pool pass or a standard pass, shall be
for such period as may be specified therein;
(ii) in the case of a temporary pass, shall not be greater
than 3 months; and

(d) cease to be valid-
(i) on the expiration of the period for which it was
issued; or
(ii) upon its cancellation under regulation 17; or
(iii) where a pass holder ceases to be employed by the
person who was his employer at the date of the issue of
the pass; or
(iv) upon a demand made by the Director under regu-
lation 21 for a pass holder to surrender his pass to the
Director.

17. The Director---

(a) shall cancel a pass if it appears to him that-
(i) in the case of a crew pass the pass holder has ceased
to be a member of the crew of the ferry vessel in respect of
which the pass is issued or ceases to be signed on the
articles of agreement of that vessel;





(ii) the pass holder is, for any reason relating to or
connected with the security of the terminal concerned, not
a fit person to have access to a restricted area; or
(iii) access to a restricted area is unnecessary by reason
of the nature of the occupation or employment of the pass
holder; and

(b) may cancel a pass-
(i) on the ground that any condition subject to which it
was issued has been contravened;
(ii) on the ground that the pass holder or his employer
has contravened any of these regulations; or
(iii) in any case where he is satisfied that the pass has
been lost, destroyed or defaced.

18. (1) Where the Director cancels a pass under regulation 17,
he shall notify the pass holder and, if he thinks fit, the employer (if
any) of the pass holder, accordingly.

(2) A pass holder, upon receipt of a notice under paragraph
(1), shall, save where the notice relates to a pass which has been lost
or destroyed, forthwith surrender his pass to-

(a) the Director;

(b)an authorized officer specified in the notice for the pur-
pose; or

(e)the employer of the pass holder if specified in the notice
for the purpose,

as the case may be.

(3) An employer to whom a pass has been surrendered by
virtue of a notice under paragraph (1) shall forthwith surrender
that pass to the Director or an authorized officer specified in the
notice.

19. The employer of a pass holder shall-

(a)if the nature of the employment of the pass holder no
longer requires that he have access to any restricted area
specified in his pass; or

(b)if the pass holder ceases, for any reason, to be employed by
him,

without delay-
(i) inform the Director accordingly;
(ii) take possession of the pass from the pass holder; and
(iii) surrender the pass to the Director.





20. A pass holder who ceases to be employed by the person
who was his employer at the date of the issue of the pass shall,
immediately on the cessation of his employment, surrender his pass
to that person.

21. The Director may demand a pass holder to surrender his
pass to the Director, and the pass holder shall forthwith comply with
such demand.

22. A pass holder shall, when entering, remaining in or depart-
ing from a restricted area-

(a)wear the pass affixed in a prominent position on his outer
clothing;

(b)comply with the conditions subject to which the pass is
issued;

(c)comply with all reasonable directions given to him by any
authorized officer;

(d) if the pass is a pool pass, carry on his person-
(i) an identity card issued to him under the Registration
of Persons Ordinance; or
(ii) such warrant card, valid travel document or
other means of identification as may be approved by the
Director.

23. (1) Subject to this regulation, the provisions of regulation
12 shall not apply to any bona fide passenger who-

(a) is in the course of passage through any restricted area-
(i) having disembarked from a ferry vessel; or
(ii) for the purpose of embarking on a ferry vessel of
which he is a ferry passenger; or

(b)is awaiting an onward ferry voyage in any area reserved for
transit or transfer passengers which is within a restricted
area.

(2) A ferry passenger shall not, by virtue of paragraph (1), be
exempt from the provisions of regulation 12 unless-

(a)being a departing passenger, he is in possession of a valid
travel document and a valid passenger ticket issued by the
owner or master of a ferry vessel for passage on a ferry
vessel; or

(b)being an arriving passenger or a transit or transfer passen-
ger, he is in possession of a valid travel document.

(3) A passenger ticket shall be in such form as may be
approved by the Director.





24. (1) If a pass has been lost the pass holder shall, without
delay, report in writing the loss and the circumstances thereof to his
employer (if any) or, where the permit holder has no employer or is
himself an employer, to the Director.

(2) Where a report has been received by an employer as to the
loss of a pass and the circumstances thereof, he shall, without delay,
report in writing such loss and the circumstances thereof to the
Director.

(3) Any person who finds a pass shall, without delay, deliver it
to the Director or to the officer in charge of any police station or to
any police officer.

25. Where a pass has been lost, destroyed or defaced, applica-
tion may be made to the Director by the persons to whom the pass
had been issued or the employer of that person for the issue of a
replacement pass and the Director, upon being satisfied as to such
loss, destruction or defacement, may, upon payment of the pre-
scribed fee in the case of an applicant who is not an authorized
officer, issue to the pass holder a replacement pass which shall
replace the pass which has been lost, destroyed or defaced.

PART IV

MISCELLANEOUS

26. (1) Except with the permission of the Director, no person
shall drive a vehicle into, within or out of a terminal.

(2) The driver of a vehicle while within, or while entering or
leaving, a terminal shall comply with such directions as may be given
by the Director and with any notice or sign exhibited in a terminal
by order of the Director.

27. The Director may-

(a) by order, either orally or in writing-
(i) prohibit the entry of any animal or article into a
terminal;
(ii) require any animal or article to be moved within a
terminal in such manner as he may specify;
(iii) require any animal or article to be removed from a
terminal;

(b)move within a terminal any animal or article which in
his opinion constitutes an obstruction, nuisance or
annoyance;

(e)remove from a terminal any animal or article which is
unattended, or which in his opinion constitutes an obstruc-
tion, nuisance or annoyance.





28. (1) Except with the permission of the master of a ferry
vessel, no person shall board, or load any vehicle or other cargo on,
the ferry vessel.

(2) No person shall travel, or bring a vehicle or other cargo,
on board a ferry vessel after being warned by the Director that
the vessel contains its full complement of passengers, vehicles or
other cargo.

29. Except with the written permission of the Director, no
person shall, within a terminal-

(a)sell or distribute anything, or offer anything for sale, or
make any offer of service;

(b) exhibit any notice or advertisement.

30. The Director may prohibit from entering a terminal any
person who, in the opinion of the Director, is under the influence of
alcohol or drugs to such an extent as to render him a probable
danger or source of annoyance to other users of the terminal.

31. Except with the permission of the master, no person shall
remain on board a ferry vessel in a terminal.

32. No person shall, whilst within a terminal or on a vessel
within a terminal-

(a)throw, deposit, leave or drop litter, paper or rubbish, save
in bins or containers provided for the purpose;

(b)throw, deposit, leave or drop anything capable of causing
injury to person or damage to property;

(e)throw any life buoy or equipment from the terminal or
vessel, except in a case of emergency;

(d)open or remove, or climb over, any wall, fence, railing,
barrier, gate or post erected in the terminal;

(e) beg;

(f) fish.

33. (1) Subject to paragraph (2), the berthing fee prescribed
shall be paid by the owner or master in respect of every vessel which
berths in a terminal.

(2) The following vessels shall be exempt from the payment of
berthing fees-

(a)a cargo lighter or junk working cargo to or from a terminal
or to or from a vessel moored alongside a terminal;

(b)a fresh water lighter, barge or other vessel supplying fresh
water to a vessel in a terminal;





(c)a fuelling lighter or barge supplying fuel to a vessel or to a
storage tank in a terminal;

(d)a vessel used to transfer passengers to or from a ferry vessel
in a terminal;

(e)any other vessel or class of vessels which the Director may
exempt.

(3) Subject to paragraph (4), a separate fee shall be paid for each
berthing.

(4) Where a vessel leaves a berth in a terminal in compliance with a
direction under regulation 6(2)(b) or (c), no fee shall be chargeable on
the reberthing of the vessel.

(5) Except with the permission in writing of the Director, no vessel
shall remain at a berth in a terminal for more than 24 hours.

(6) For the purpose of this regulation, a vessel berths in a terminal
when it comes alongside, or is in any way secured to, any part. of the
terminal.

34. The passenger embarkation fee prescribed shall be paid by the
owner of a ferry vessel in respect of each passenger embarking on the
ferry vessel at a terminal.

35. (1) If without reasonable excuse regulation 4(2) or 5 is
contravened, the master of the vessel commits an offence.

(2) If without reasonable excuse a notice or sign exhibited under
regulation 4(4) is contravened, the person, master of the vessel or
driver of the vehicle, as the case may be, commits an offence.

(3) Any owner or master of a vessel who without reasonable
excuse fails to comply with any direction given to him under regulation
6 commits an offence.

(4) Any owner or master of a ferry vessel who without reasonable
excuse fails to comply with a notice served on him under regulation 7,
or fails to make a return under regulation 8, commits an offence.

(5) Any person who, without reasonable excuse, contravenes
regulation 9, 10, 24(3), 26(1) or 31 commits an offence.

(6) Any person who contravenes regulation 28, 29 or 32 commits
an offence.

(7) Any person who, without reasonable excuse, fails to comply
with any direction given, or any notice or sign exhibited, under
regulation 26(2), or an order under regulation 27(a), commits an offence.

(8) Any person who-

(a)being a pass holder, without reasonable excuse, contravenes
regulation 15(3), 18(2), 20, 21, 22 or 24(1);





(b)being an employer, without reasonable excuse, contravenes
regulation 18(3), 19 or 24(2),

commits an offence.

(9) Any person who-

(a)makes use of or retains in his possession any pass which he
knows or ought reasonably to know

(i) has been cancelled; or
(ii) has ceased to be valid;

(b)without reasonable excuse, defaces, alters or destroys any
pass;

(e)in, or in connexion with, an application under regulation 14 or
25 makes any statement or gives any information which he
knows or ought reasonably to know is false in a material
particular or recklessly makes any statement which is false in
a material particular or knowingly omits any material
particular;

(d)being a pass holder, contravenes any condition subject to
which the pass was issued,

commits an offence.

(10) Any person who contravenes regulation 12 or 15(2) commits an
offence.

(11) Any person who--

(a)commits an offence under paragraph (1), (2), (3), (4), (5), (6), or
(7) is liable to a fine of $2,000;

(b)commits an offence under paragraph (8) is liable to a fine of
55,000;

(c)commits an offence under paragraph (9) is liable to a fine of
$10,000 and to imprisonment for 3 months;

(d)commits an offence under paragraph (10) is liable to a fine of
$20,000 and to imprisonment for 6 months.

36. An authorized officer may, if he has reasonable grounds for
believing that any person has contravened regulation 12, without
warrant arrest that peron and forthwith take him to a police station
there to be dealt with in accordance with the Police Force Ordinance.

37. The fees prescribed under these regulations are set out in the
Schedule.
1986 ED CAP 313 H14 L.N. 424/82. L.N. 234/83. L.N. 186/84. L.N. 62/85. L.N. 126/85. L.N. 360/85. L.N. 25/83. Citation. Interpretation. Designation of terminals. Terminals under control of Director. Ferry vessels to use terminals. Owners or masters to comply with requirements of Director. Control of arrivals and departures and ferry vessels. Returns by owners or masters. Entering, leaving or remaining in a terminal. Embarkation and disembarkation. Declaration of restricted areas. Prohibition of entry, etc. to restricted area without valid pass. Issue of passes and grounds for refusal. General provisions as to passes. Contents of passes and duration of validity thereof. Cancellation of passes. Procedure on cancellation of pass. Action by employer where pass no longer required. Pass to be surrendered on cessation of employment. Pass to be surrendered on demand. Pass to be worn on outer clothing. (Cap. 177.) Exemption for bona fide passengers. Lost pass. Issue of replacement pass. Control of vehicles. Power in relation to animals and articles. Permission of master to board or load cargo. Business and advertising in terminals. Intoxicated persons. Permission to remain on a ferry vessel. General prohibitions. Berthing fee. Embarkation fee. Offences and penalties. Power to detain persons. (Cap. 232.) Fees. Schedule. L.N. 126/85. L.N. 234/83. L.N. 186/84. L.N. 62/85. L.N. 360/85. L.N. 234/83. L.N. 62/85.

L.N. 424/82. L.N. 234/83. L.N. 186/84. L.N. 62/85. L.N. 126/85. L.N. 360/85. L.N. 25/83. Citation. Interpretation. Designation of terminals. Terminals under control of Director. Ferry vessels to use terminals. Owners or masters to comply with requirements of Director. Control of arrivals and departures and ferry vessels. Returns by owners or masters. Entering, leaving or remaining in a terminal. Embarkation and disembarkation. Declaration of restricted areas. Prohibition of entry, etc. to restricted area without valid pass. Issue of passes and grounds for refusal. General provisions as to passes. Contents of passes and duration of validity thereof. Cancellation of passes. Procedure on cancellation of pass. Action by employer where pass no longer required. Pass to be surrendered on cessation of employment. Pass to be surrendered on demand. Pass to be worn on outer clothing. (Cap. 177.) Exemption for bona fide passengers. Lost pass. Issue of replacement pass. Control of vehicles. Power in relation to animals and articles. Permission of master to board or load cargo. Business and advertising in terminals. Intoxicated persons. Permission to remain on a ferry vessel. General prohibitions. Berthing fee. Embarkation fee. Offences and penalties. Power to detain persons. (Cap. 232.) Fees. Schedule. L.N. 126/85. L.N. 234/83. L.N. 186/84. L.N. 62/85. L.N. 360/85. L.N. 234/83. L.N. 62/85.

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