【法规名称】
【法规编号】 79124 什么是编号？
【正 文】
第10页 CAP 104 FERRY SERVICES ORDINANCE
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[接上页] Cap 104 s 41 Appeal by grantee or licensee (1) A grantee or licensee aggrieved by any decision, direction or requirement of the Secretary for the Environment, Transport and Works, the Commissioner, the Director of Civil Engineering and 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 Chief Executive in Council, and the decision of the Chief Executive in Council on any such appeal shall be final. (Amended L.N. 127 of 1986; L.N. 364 of 1991; L.N. 106 of 2002; L.N. 104 of 2004) (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 Chief Executive in Council otherwise directs. (Amended 62 of 1999 s. 3) Cap 104 s 42 Obstruction of public officers 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 $5000 and to imprisonment for 6 months. Cap 104 s 43 Publication of franchised and licensed services 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. Cap 104 s 44 Regulations Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive in Council may make regulations for all or any of the following matters- (Amended 62 of 1999 s. 3) (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; (j) 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; (l) 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 $5000. Cap 104 s 45 By-laws (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; (iv) 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 $2000. (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. Cap 104 s 46 Repeals and savings (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 (Cap 266, 1979 Ed.) and the "Star" Ferry Company (Services) Ordinance (Cap 274, 1977 Ed.), 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. 345 of 1982) |
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