OCEAN TERMINAL (PARKING AND WAITING) BY-LAWS

OCEAN TERMINAL (PARKING AND WAITING) BY-LAWS

OCEAN TERMINAL (PARKING AND WAITING)

BY-LAWS

(Cap. 1023, section 3)

[23rd June, 1972]

1. These by-laws may be cited as the Ocean Terminal (Parking and
Waiting) By-laws.

2. In these by-laws, unless the context otherwise requires

'car park' means the car park on the 62 feet and 72 feet principal datum
levels and the taxi quay at the 33 feet principal datum level of the
Ocean Terminal being Kowloon Permanent Pier 83 and also means
the ramps and entrances thereto;

'driver' includes any person who is in charge of a vehicle;

'Tee' means the sum payable to the company for the use of the car park;

'Ocean Terminal' means that part of the company's pier in Kowloon
known as Kowloon Permanent Pier 83;

'official of the company' includes any person employed as a car park
attendant at the car park;

'parking permit' means a ticket other than a pass issued to each driver
who uses the car park;

'pass' means a monthly or quarterly pass issued in accordance with by-
law 9(2);

'vehicle' means any mechanically propelled vehicle intended or
adopted for the use on roads.

3. (1) The driver of a vehicle in respect of which a pass has been
issued shall, upon entering and leaving the car park and at any other
time when requested to do so by an official of the company, produce
the pass for inspection.

(2) Any driver who proposes to use the car park otherwise than in
accordance with a pass shall upon entering the car park obtain a parking
permit in respect of his vehicle and shall at any time thereafter upon
request by an official of the company produce such parking permit for
inspection.

(3) On leaving the car park a driver to whom a parking permit has
been issued shall surrender such parking permit to an official of the
company.

(4) No person shall park any vehicle or cause or permit any vehicle
to wait on the taxi quay on the 33 feet principal datum level in
contravention of any sign or lines erected or delineated at or on such
taxi quay for the direction of vehicles or for the designation





of the type or class of vehicle which may be parked on such taxi quay or
any park thereof.

(5) No vehicle shall be parked or allowed to wait in the car park for
more than 7 days unless by prior agreement with the company.

4. (1) The driver of a vehicle who uses or proposes to use the car
park and any person who enters or proposes to enter the park shall

(a)obey all lawful directions given to him by an official of the
company;

(b)obey all signs and signals within the car park which are
applicable to him; and

(c)on demand made by an official of the company give his name
and address to such official.

(2) The driver of a vehicle who uses the car park shall not-

(a)sound any warning instrument therein except in an
emergency;

(b)park the vehicle in such a manner that it protrudes over any
line indicating the space in which the vehicle is to be parked;

(c)park the vehicle in any part of the car park other than within
the fines indicating the space in which a vehicle is to be
parked;

(d)park any vehicle in any space marked 'reserved' unless he is
expressly authorized to do so by the company; or

(e)remove the vehicle from the car park unless the fee has been
paid or a pass relating to the vehicle has been produced to an
official of the company.

(3) Paragraph 2(e) shall not apply to the drivers of vehicles using
the taxi quay at the 33 feet principal datum level of the Ocean Terminal.

(4) No driver shall park in the car park a vehicle which is, or is likely
to be, in such condition as to be a danger to any person or other vehicle
in the car park or which carries any goods or article likely to cause any
such danger.

5. (1) Upon parking a vehicle in the car park the driver and all
passengers in the vehicle shall leave the car park as soon as practicable
by the exits provided.

(2) No person shall remain in the car park after he has been
lawfully ordered by an official. of the company to leave.





(3) If any person is in possession of a pass which is altered,
defaced or otherwise mutilated, he shall immediately surrender it to an
official of the company.

(4) No person shall smoke in any part of the car park.

(5) No person shall, without lawful authority, tamper with or
interfere with a vehicle in the car park.

6. If a driver fails to produce a parking permit, the driver shall before
removal of the vehicle from the car park pay a fee calculated from 7.00
a.m. on the day on which the vehicle entered the car park.

7. At 8 o'clock each morning an attendant on duty in the car park
shall enter in a register, the registration mark of every motor vehicle in
the car park at such time and, in the case of a motor vehicle exhibiting a
valid pass, that fact, and shall date and sign such register and such
register shall be retained at the car park for not less than 4 months from
the date thereof and, in the calcula,ion of any fees payable under these
by-laws, such register completed and signed by an attendant shall be
prima facie evidence that the motor vehicles whose registration marks are
recorded in the register were in the car park at the date and time set forth
on the register.

8. (1) Where any vehicle appears to have been parked or allowed to
wait in contravention of these by-laws, any official of the company may
seize and remove the vehicle to any part of the car park or the company's
premises, or if it is not practicable so to remove it, to any other place of
safety which the official of the company thinks fit.

(2) Any vehicle removed under paragraph (1) may be detained by
the company until

(a)there is paid to the company a removal charge of 50 dollars
and a storage charge calculated at the same rate as would be
payable if the vehicle had been properly parked in the car park
during the period for which it was left in the car park or
detained under this paragraph; or

(b) the vehicle is released by order of a court.

(3) Where a vehicle is detained under this by-law the company shall
forthwith give notice in writing thereof to the owner, if he can be found,
and if the vehicle is not claimed within 3 months after the date on which
such notice is sent or, if notice cannot be given, after the date of
detention, the company may sell the vehicle by public auction.

(4) The company may apply the proceeds of a sale under paragraph
(3) in payment of any parking fees, removal fee, storage





charges and other sums due to or expenses incurred by the company
in respect of the vehicle, and shall pay the balance of the proceeds
to the owner of the vehicle. If such owner cannot be found after
the expiry of 12 months from the date of such sale any such balance
shall become the property of the company.

9. (1) The fees payable for the use of the several parts of
the car park shall be in accordance with notice prominently dis-
played by the company in respect of each part thereof.

(2) The company may, upon application by any person, issue
a monthly or quarterly pass to such person upon such terms as the
company may see fit.

10. Save with the permission of an official of the company,
no person shall drive into the car park a vehicle of a weight unladen
exceeding 1 1/2 tons or a vehicle with a seating capacity for more than
7 persons.

11. The company may by such signs prominently displayed at,
.in and outside the car park prohibit, as the company may from time
to time think fit-
(a)the entry of vehicles to the car park or any part thereof;
or
(b) the entry of persons into the car park or any part thereof.

12. Every person employed by the company as an attendant at
the car park shall wear such uniform or badge as shall be sufficient
to identify him to members of the public using the car park.

13. Any person who contravenes any of the provisions of by-
law 3, 4, 5 or 6 shall be guilty of an offence and shall be liable on
conviction to a fine of five hundred dollars.
L.N. 124/72. Citation. Interpretation. Use of car park. Duties of drivers within car parks. Duties of persons in the car park. Loss of parking permit. Conduct and duties of attendants. Removal and sale of vehicles upon contravention of by-laws. Fees. Weight limit of vehicles entering the car park. Prohibition of entry. Attendants. Offences.

L.N. 124/72. Citation. Interpretation. Use of car park. Duties of drivers within car parks. Duties of persons in the car park. Loss of parking permit. Conduct and duties of attendants. Removal and sale of vehicles upon contravention of by-laws. Fees. Weight limit of vehicles entering the car park. Prohibition of entry. Attendants. Offences.

https://oelawhk.lib.hku.hk/items/show/3493

1964

v26

1023

4