53970-1917-Supplementary-Draft-Ferries-Bill-and-Regulations — Page 1

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LEGISLATIVE COUNCIL.

No. S. 284. The following Bill, which it is proposed to introduce in the Legisla- tive Council at an early date, is published for general information:-

Short title.

Interpreta- tion.

No un- licensed

ferry to be maintained in certain

areas.

Issue of licence dis- cretionary.

A BILL

ENTITLED

An Ordinance to regulate Ferries.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Ferries Ordi- nance, 1917.

2.-(1.) In this Ordinance-

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(a) Ferry means any service, conducted by means of a vessel or vessels propelled by any means except oars and sails, for the conveyance of persons or of persons and things, by water, for payment or reward, between two or more points within the Colony, whether such service be also to any point or points without the Colony or not, and whether the points between which the service is provided be varied from time to time or not, but does not include the hiring of any vessel to one person for a single journey, and does not include the hiring of any vessel to a single pleasure party.

CL

(b) 'Ferry Vessel" means any vessel which is

employed for the purpose of a ferry.

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(c) "Illegal Ferry means a ferry which is main- tained in contravention of section 3 of this Ordinance.

(2.) Every person who shall have been entitled to any share in the profits of an illegal ferry shall be deemed to have maintained such ferry during the period in respect of which he was so entitled, and every owner of a ferry vessel, or, if the vessel is under charter, every charterer of the said vessel, shall be presumed to have been entitled to a share in the profits of the ferry until he shall prove affirmatively that he was not entitled to any such share or that such vessel was employed as a ferry vessel without his consent or connivance.

(3.) Nothing contained in sub-section (2) of this section shall be construed as relieving from liability any person who, without being himself cutitled to any share in the profits of the ferry, maintains any illegal ferry or counsels procures aids or abets the maintaining of any illegal ferry.

3.-(1.) No person shall without a licence under this Ordinance maintain a ferry in any area to which this section is by any regulation made under this Ordinance declared to apply.

(2.) Any such regulation may provide that such declara- tion shall not have the effect of prohibiting the maintenance of a ferry between any single point or any particular points within the area declared and some point or points outside that area.

4. The issue of any licence under this Ordinance shall be subject to the absolute discretion of the Governor in Council.

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