【法规名称】
【法规编号】 79124 什么是编号？
【正 文】
CAP 104 FERRY SERVICES ORDINANCE
|
To provide for the granting of franchises and licences to operate ferry services, the regulation of the operation and maintenance of such services, and for matters incidental thereto and connected therewith. [15 June 1982] (Originally 30 of 1982) Cap 104 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Ferry Services Ordinance. Cap 104 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) In this Ordinance, unless the context otherwise requires- "Commissioner" (署长) means the Commissioner for Transport; "ferry vessel" (渡轮) means any vessel used for a ferry service; "ferry service" (渡轮服务) 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, goods or vehicles, for reward 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" (专营权) means a franchise granted under section 6; "franchise period" (专营期) 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" (专营服务) means a ferry service in respect of which there is in force a franchise; "grantee" (专营公司) means a company to which a franchise is granted; "licence" (牌照) means a licence granted under section 28; "licensed service" (领牌服务) means a ferry service in respect of which there is in force a licence; "licensee" (持牌人) means a person to whom a licence is granted; "proper and efficient ferry service" (适当而有效率的渡轮服务)- (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 31; "Victoria port" (维多利亚港口) means the area of the waters of Hong Kong declared under section 56 of the Shipping and Port Control Ordinance (Cap 313) as Victoria port. (2) Where under this Ordinance the Chief Executive 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. (Amended 62 of 1999 s. 3) Cap 104 s 3 Power of Chief Executive to give directions to public officer Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive 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 Chief Executive under subsection (1). (Amended 62 of 1999 s. 3) Cap 104 s 4 Prohibition of operation of ferry service except under a franchise or licence PART II CONTROL OF FERRY SERVICES (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 $100000. Cap 104 s 5 Exempted ferry services (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" (载货服务) means a service for the carriage of cargo by lighters or cargo boats; "employees' service" (运载雇员服务) means a service provided by an employer solely for the carriage of persons employed by him; "permitted service" (获准许的服务) 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 I licence for the Victoria Harbour Area under the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap 313 sub. leg.);"tour service" (游览服务) 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 |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！