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[接上页] (3) A person shall not without the permission in writing of the Director load or unload cargo or cargo containers outside the operating hours within a public cargo working area or public water-front, or any part thereof, specified in a notice under paragraph (1). (L.N. 279 of 1999) (4) The Director may, upon application by any person and on payment of the prescribed fee, permit that person in writing to load or unload cargo or cargo containers outside the operating hours. (L.N. 279 of 1999) (5) The permission under subsection (4) is valid- (a) only for the public cargo working area or public water-front specified in the permission; and (b) for the period specified in the permission. (L.N. 279 of 1999)(6) Any person who contravenes paragraph (3) is guilty of an offence and is liable on conviction to a fine of $10000 and to imprisonment for 6 months. (L.N. 279 of 1999) (L.N. 226 of 1984) Cap 81A reg 5 Lay-bys (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 (1)- (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. (L.N. 332 of 1982) Cap 81A reg 5A Entry of vessels (1) The person in charge of a vessel shall, upon the vessel entering a public cargo working area or public water-front- (L.N. 71 of 1999) (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(1).(2) The person in charge of a vessel in a lay-by shall not cause or permit the vessel to leave the lay-by unless- (L.N. 71 of 1999) (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under regulation 5C; or (b) the vessel is proceeding to leave the public cargo working area or public water-front.(3) (Repealed L.N. 71 of 1999) (4) Any person who without reasonable excuse contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction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 $10000 and to imprisonment for 6 months. (L.N. 332 of 1982) Cap 81A reg 5B Berthing permits (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 it 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 21; (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- (i) 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) 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- (L.N. 71 of 1999) (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) (Repealed L.N. 71 of 1999) (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 $20000 and to imprisonment for 1 year. (L.N. 332 of 1982) Cap 81A reg 5C Allocation of cargo working berths Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (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. |