TNAG-1545-FCO40-2109-Hong-Kong-legislation-for-public-health-and-urban-services-1986 — Page 187

PRINTED AND PUBLISHED BY H. MYERS, GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING DEPARTMENT, HONG KONG

SHIPPING AND PORT CONTROL (FEES)

Ord. No. 25/86

A137

HONG KONG

No. 25 of 1986

I assent.

L.S.

David AKERS-JONES, Deputy to the Governor. 15 May 1986

An Ordinance to amend the Shipping and Port Control Ordinance and the Merchant Shipping Ordinance so as to make improved provision for prescribing fees that are payable under those Ordinances.

[16 May 1986]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Shipping and Port Control (Fees) Short title. Ordinance 1986.

2.

Section 80 of the Shipping and Port Control Ordinance is amended by Amendment of inserting after subsection (1) the following—

"(IA) Any port dues or other fees or charges prescribed under this Ordin- ance may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration. regulation and control of ports, vessels and navigation in the waters of Hong Kong, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter.

(1B) Port dues and other fees and charges prescribed under this Ordinance may, without prejudice to the generality of subsection (1A)—

(a) in relation to moorings, be fixed having regard to any or all of the

following-

(i) the size, whether measured by tonnage, length or otherwise, of

any vessel moored or capable of being moored, at any mooring;

(ii) sums paid to owners of moorings by persons wishing to use or acquire them; and

(iii) the locations of moorings; and

(b) in any case be fixed at different amounts in relation to different sizes of vessel, whether measured by tonnage, length or otherwise, or in rela- tion to different classes. types or descriptions of service, facility, licence or vessel.".

section 30 of the Shipping and Port Control Ordinance. (Cap. 313.)

3. Section 114 of the Merchant Shipping Ordinance is amended by inserting Amendment of after subsection (3) the following—

(Cap.

313.)

section 114 of the Merchant

Ordinance. (Cap. 281.)

(4) Any fees prescribed under this Ordinance, or by virtue of Shipping section 35 of the Shipping and Port Control Ordinance--

(a) may be fixed at levels which provide for the recovery of expendi- ture incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of ports, vessels and navigation in the waters of Hong Kong, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter; and