1934 THE HONGKONG GOVERNMENT GAZETTE, 23RD DECEMBER, 1899.
Restriction on buoys and moorings.
Pier not to be used for storage.
No building cxcept a
shelter to be erected.
Owners of ferries not entitled to exclusive use of pier.
Vessel not to
lie along end
of pier. Power to order
removal of pier.
Cost of removal.
Saving with regard to temporary piers.
Power to
lations,
<
8. No buoys or moorings shall be kept or placed by the owner of any Pier otherwise than in accordance with and subject to the provisions of any Merchant Shipping Statute which may from time to time be in force in the Colony,
9. No Pier shall be used by any person for the storage of materials of any description except gear required for working the Pier, and no articles or materials or things shall, except as aforesaid, remain on any Pier beyond the time actually required for their shipment or landing as the case may be.
10. No warehouse, shed or building of any kind, other than a shelter against the weather, shall, except with the consent of the Director of Public Works, be erected by any person on any Pier.
11. Steam-ferries and passenger boats shall not be enti- tled to make habitual use of any Pier not constructed for their sole use, but casual passengers and their luggage shall at all times have free access to any Pier for the purpose of landing or embarking, so long as they do not interfere with the proper working of any craft belonging to the owners of the Pier, or any other craft using the wharf by arrange- ment with the owners.
12. No vessel shall lie alongside the end of any Pier, unless the Pier is specially constructed for that purpose.
13. In the event of any portion of the land over which a Pier is erected being required for any purpose which the Governor-in-Council decides to be a public purpose, then it shall be lawful for the Governor-in-Council to cancel the licence for or lease of such Pier and to order that such Pier shall be either partially or entirely removed by the owner thereof and at his expense.
The Director of Public Works shall alone be entitled to dictate, in the event of a partial removal of such Pier, what portious of it are to be so re- moved, and any such removal, whether partial or total, shall be effected by the owner within such a period as shall be ordered by the Director of Public Works in a notice in writing served upon the owner.
The cost of such removal or partial removal of any Pier shall be defrayed exclusively by the owner thereof, and no compensation will be paid by the Government for, and no action, suit, or other legal proceeding shall lie against the Government in respect of any description of loss or damage, whether direct or indirect, which the owner of such Pier may sustain by reason of any such removal or partial removal.
The Governor-in-Council will, however, consider upon its merits, and upon such evidence as the Governor-in-Council may think fit any moral claim to compensation which may be brought forward by the owner of any Pier, in respect of the removal or partial removal of his Pier, and if the Governor-in-Council shall consider that compensation in... respect of such removal or partial removal ought to be paid to such owner, then compensation shall be paid to such owner accordingly:
Provided, nevertheless, that nothing contained in this section shall affect the rights of the Government with regard to any Pier already erected or hereafter to be erect- ed for a temporary purpose only.
14. The Governor-in-Council shall have power to make make Regu- Regulations for the erection, re-ercction, alteration, extension, or maintenance of Piers and generally for the further and better carrying out of the provisions of this Ordinance.
Such Regulations shall be published in the Gazette.
Penalty.
15. In the event of any person failing to comply with any of the provisions of this Ordinance, or of any Regu- lation made thereunder, such person shall be liable to pay a fine not exceeding one hundred dollars and in default of payment of such fine to imprisonment for a period not ex- reading six months, with or without bard labour, and in the event of a continued breach of any provisions of this Ordinance or of any Regulation made thereunder the person offending shall be liable to pay an additional fine of ten dollars a day for each and every day during which he shall so remain in default, and every such additional fiue shall be recoverable summarily under the provisions of any Magistrates Ordinance which may from time to time be iù force in the Colony.