1974-HKRS28-16-22_Part03 — Page 55

3

Declaration

of areas to be public cargo work ing areas. public

water-fronts

and

excluded water-frouts.

Public cargo

Working

areas, etc.

decmed to be public places. (Cap. 235.)

Director's powers in respect of abandoned cargo, etc.

"cargo container" includes an empty container of any kind used, or intended to be used, for the carriage of cargo and includes also any packing material used, or intended to be used, for or in connexion with the carriage of cargo: "Director" means the Director of Marine;

"excluded water-front" means an area declared under section

3 to be an excluded water-front;

"public cargo working area” means an area declared under

section 3 to be a public cargo working area;|| "public water-front" means an area declated under section 3 to

be a public water-front;

junk!

I

"vehicle" means any vehicle intended or adapted for use on

roads: "vessel" includes any ship, boat, junk or lorcha and any other description of vessel used in navigation and includes also any floating wharf, ramp, pontoon or landing place.

3. (1) The Governor may, by order published in the Gazette, declare any area of unleased Crown land (including any: road), and any area of water adjoining any such area, to be-

(a) a public cargo working area?

(6) a public water-front; or

(c) an excluded water-front.

(2) The Director of Public Works shall cause to be pre- pared and deposited in the Land Office a plan of every public cargo working area, public water-front or excluded water-front.

(3) A copy of any plan deposited in the Land Office in accordance with subsection (2) purporting to be certified by the Director as a true copy of such plan may be admitted without further proof in any criminal or civil proceedings before any court.

Every public cargo working area, public water-front or excluded water-front shall be a public place for the purposes of the Summary Offences Ordinance.

5. (1) If the Director is satisfied that any cargo or cargo container has been left or abandoned in a public cargo working area or a public water-front, he may affix to it in a prominent position a notice requiring the owner thereof to remove it from

the public cargo working area or public water-front within a time specified in the notice.

(2) If any cargo or cargo container to which a notice has been affixed under subsection (1) is not removed from the public cargo working area or public water-front within the time specified in the notice, the Director may cause it to be seized and removed.

(3) If the owner of any cargo or cargo container which has been seized and removed under subsection (2) claims the same, by notice in writing to the Director, within 7 days after its seizure and removal, the Director shall, on payment to him of the costs incurred in seizing, removing and storing the same, release it to the owner thereof.

(4) If the owner of any cargo or cargo container does not claim the same under subsection (3), the Director may cause it to be sold or otherwise disposed of in such manner as he thinks fit. (5) Any proceeds from the sale or disposal of any cargo or cargo container under subsection (4) shall be paid into the public

revenue.

6. (1) The Governor in Council may make regulations for Regulations. all or any of the following purposes-

(4) providing for any malter or thing which is to be or may

be prescribed under this Ordinance;

(b) regulating entry to and the use of any public cargo working area, public water-front or excluded water- front;

(c) controlling or providing for the control of-

()the handling, inspection or weighing of cargo or cargo containers in any public cargo working area, public water-front or excluded water-front:

(ii) vessels and vehicles in any public cargo working area, public water-front or excluded water-front; (d) empowering the Director-

(i) to give directions in relation to such matters as may be specified;

(ii) to take such action as may be necessary to give effect to any such direction which is not complied with; (iii) to recover the cost of any such action taken by the Directors;