Transfer of persons in custody.
Restriction orders.
THE HONG KONG GOVERNMENT GAZETTE.
(5) Any act or thing done before the coming into force of this
regulation which would have been lawfully done if this regulation had
been in force, shall be deemed to have been law- fully done under this
regulation.
38. Any person lawfully in the custody of the police, whether
under these regulations or under an order of Court
any or otherwise howsoever may, for the purpose of safe custody, if the
Colonial Secretary by warrant so direct, and notwithstand- ing any order
of a Court, be detained in or transferred to or from any prison or any
police station, police lock-up or any other similar place authorized
generally or specially by the Colonial Secretary in that behalf until
dealt with in due course
of law.
37. (1) The Commissioner of Police, or any person authorize ed by
him in that behalf, may make, in relation to any person, an order for
all or any of the following purposes, that is to
Say-
(a) for securing that, except in so far as he may be permitted by the
order, or by such authority or person as may be specified in the order,
that person shall not be in any such area in the Colony as may be so
specified;
(b) for requiring him to notify his movements, in such manner, at such
times and to such authority or person as may be specified in the order;
(c) prohibiting or restricting the possession of or use of that person
of any specified articles:
(d) imposing upon him such restrictions as may be specified in the order
in respect of his employment or business, in respect of his association
or communication with other persons, and in respect of his activities in
relation to the dissemination of news or the propagation of opinions.
(2) If any person against whom an order has been made as
aforesaid contravenes the terms of such order, he shall be guilty of an
offence against these regulations.
or any person
Special
38. (1) The Commissioner of Police, supervision, authorized by him in
that behalf, may by order direct that any person shall be placed under
special supervision for any period not exceeding one year.
(2) Any person placed under special supervision by order as
aforesaid shall be subject to all or any of the restric- tions as the
Commissioner of Police, or any person authorized by him in that behalf,
may direct, that is to say-
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(a) he shall be required to reside within the limits.
of any area as may be specified in the order;
(b) he shall not be permitted to transfer his re- sidence to any other
part of the area, or to any other area with- out the written authority
of the police officer in charge of such
area;
(c) he shall not leave the area or village within which he resides
without the written authority of the police officer in charge of such
area or village:
(d) he shall at all times keep the police officer in charge of the area
in which he resides notified of the house or the place in which he
resides;
(e) he shall, wherever called upon so to do by the police officer in
charge of the area in which he resides, present himself at the nearest
police station;
(f) he shall remain within the doors of his residence from one hour
after sunset until sunrise, and may be visited at his residence at any
time by a police officer.
(3) Any person in respect of whom an order has been made under
sub-regulation (1) and sub-regulation (2) of this regulation may be
arrested by any police officer or by any member of His Majesty's regular
forces or of any local naval, military or air force, corps or reserve
and conveyed to the area in which he should be.
(4) If any person against whom an order has been made as aforesaid
contravenes the terms of such order or of this regulation, he shall be
guilty of an offence against these regula- tions.
783
39. When an order under this Part has been made against Power of
Governor any public officer, the Governor may order the dismissal or
to order suspension of such officer, and the stoppage of his salary and
dismissal allowances in whole or in part during the period for which the
and
stoppage order is in force. Any order so made shall take effect as from
of salary of the date upon which it is made, but it shall be reported to
and public require the confirmation of the Secretary of State.
officer.
40. (1) No person arrested or detained under the powers Further
detention conferred by regulation 29 shall be detained for a period
exceeding deter 24 hours except with the authority of a police officer
of the rank of arrest or sub-inspector or above or subject as provided
by sub-regulation (2) under for a period exceeding forty-eight hours in
all and it shall be the regulaton
detention
29.
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784
THE HONG KONG GOVERNMENT GAZETTE.
Power to seize weapon.
General
control of navigation.
duty of the person effecting arrest or detention under regulation 29 to
report such arrest or detention to a police officer of the rank of
sub-inspector or above with all convenient speed.
(2) Whenever any person has been arrested by a police officer under
section 49 of the Police Force Ordinance, 1948, because such person has
been reasonably suspected of being guilty of an offence against these
regulations or has been arrested or detained pursuant to the provisions
of regulation 29 or of sub- regulation (1) of this regulation it shall
be lawful for a police officer of the rank of Superintendent of Police
or above if he is satisfied that the necessary inquiries cannot be
completed within a period of forty-eight hours from the time such person
was first arrested or detained, to authorize the further detention of
the person detained for an additional period not exceeding seven days
but he shall, on giving any such authorization, forthwith report the
circumstances to the Commissioner of Police.
(3) Any person detained under regulation 29 shall during the first 24
hours of his detention be deemed to be in lawful custody wherever
detained and thereafter shall be deemed to be in lawful custody if
detained in accordance with the provi- sions of this regulation in any
prison or in any police station or in similar place authorized generally
or specially by the Colonial Secretary or if he is in the course of
being taken to or transferred from any such prison, station or place.
any
41, (1) Any authorized officer may without warrant-
(a) enter and search any premises:
(b) stop and search any vessel, vehicle or individual, whether in a
public place or not,
if he suspects that any offensive weapon of any nature whatsoever or
anything which can be adapted or used as an offensive weapon is likely
to be found on such premises or individual or in such vessel or vehicle,
and may seize any weapon or thing so found. (2) No woman shall be
searched under this regulation except by a woman.
PART IV
Control of harbours, ports and territorial waters of the Colony and
movements of vessels and aircraft.
42. (1) The Governor may by order make provision as to the places in
or to which vessels may be or go, and generally for regulating the
movements, navigation, pilotage, anchorage,
SUPPLEMENT No. 2, DECEMBER 28, 1949.
mooring, berthing and lighting of vessels within the harbours and
territorial waters of the Colony, and any order made under this
regulation is hereafter in these regulations referred to as "a
navigation order."
(2) If, in the case of any vessel, a navigation order is contravened or
not complied with, the master of the vessel shall be guilty of an
offence against these regulations.
(3) An authorized officer may, in relation to any vessel, take such
steps, and use such force, as may appear to that person to be reasonably
necessary for securing compliance with any order under this regulation
relating to the vessel, or, where an offence against this regulation has
occurred in the case of the vessel, for enabling proceedings in respect
of the offence to be effectually taken.
(4) This regulation shall apply in relation to seaplanes on the surface
of the water as those provisions apply in relation to vessels, and
seaplanes taking off from, or alighting on, the water shall be deemed,
for the purpose of this regulation, to be on the surface of the water
while in contact therewith.
43. (1) Except Governor-
under
permission
785
granted by the Control of
lighthouses,
etc.
(a) no light, buoy, beacon or other apparatus used
in the Colony for the purpose of aiding navigation in or on the water,
shall be discontinued, altered or removed; and
(b) no variation shall be made in the mode of ex- hibiting or operating
any such light, buoy, beacon or other
apparatus.
(2) The Governor, and any person acting on his behalf, may, if it
appears to him to be necessary in the public interest so to do, give
directions for prohibiting or restricting the exhibition or operation
of, or requiring the removal, alteration or conceal- ment of, or the
making of any variation in the mode of exhibiting or operating, any such
light, buoy, beacon or other apparatus as aforesaid.
(3) If this regulation, or any direction given under this regulation, is
contravened or not complied with in the case of any light, buoy, beacon
or other apparatus, the person responsible for the maintenance of the
light, buoy, beacon or apparatus, as the case may be, shall be guilty of
an offence against these regula- tions; and, in the case of a failure to
comply with any such
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786
Power to exclude British
ships from particular
areas.
Measures
for safety of vessels in the
THE HONG KONG GOVERNMENT GAZETTE.
direction as aforesaid requiring the removal, alteration or conceal-
ment of any light, buoy, beacon or other apparatus, the Governor may
(without prejudice to any proceedings which may be taken in respect of
the offence) cause to be done all such work as may be necessary for
securing compliance with the direction.
44. (1) The Governor may, if it appears to him to be neces- sary
or expedient so to do for the purpose of facilitating the protection of
shipping or in the public interest, by order require any British ship to
leave, or to keep away from, any area specified in the order, and any
such order may make provision for such incidental and supplementary
matters as appear to the Governor to be necessary or expedient.
(2) If in the case of any British ship an order under this regulation is
contravened or not complied with, the master of the ship and the person
having the management thereof shall each be guilty of an offence against
these regulations.
(3) Any person acting on behalf of the Governor may, in relation to any
ship, take such steps and use such force, as may appear to that person
to be reasonably necessary for securing compliance with any order under
this regulation relating to the ship, or, where an offence against this
regulation has occurred in the case of the ship, for enabling procedings
in respect of the offence to be effectually taken.
45. (1) Any person authorized by the Governor to act under this
regulation (hereafter in this regulation referred to as "a com- petent
authority") may give directions to the owner or master of the Colony,
any vessel which is for the time being within the harbours and
territorial waters of the Colony requiring him--
waters of
(a) to take such steps as may be specified in the directions for the
purpose of securing that, while the vessel remains within the harbours
and territorial waters of the Colony, fires occurring in the vessel as
the result of hostile attack will be immediately detected and combated;
(b) to secure that, while the vessel remains within the harbours and
territorial waters of the Colony, either at all times or during such
periods as may be so specified-
(i) in a case where the vessel is equipped with
a gun or other instrument or device capable of being used to defend the
vessel against hostile attack, that the gun, instrument or device will
be manned; and
J
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(ii) in a case where the vessel is a ship propelled by mechanical power,
that she is capable of being moved under her own power immediately when
ordered to do so;
(c) for the purpose of taking such steps or securing such matters as
aforesaid, to secure that such number of persons, or such number of
persons of such class or description, as may be so specified, shall be
on board the vessel, either at all times while she remains within the
harbours and territorial waters of the Colony or during such periods
while she so remains as may be so specified;
(d) to do or not to do such other things as may appear to a competent
authority to be necessary or expedient to do or not to do for the
purpose of securing the safety of the vessel or preventing her
endangering other vessels or property within the harbours and
territorial waters of the Colony in the event of hostile attack.
(2) A competent authority may give directions to the owner or master of
any such vessel as aforesaid requiring him-
(a) to secure that, while the vessel remains within the harbours and
territorial waters of the Colony, such precau- tions, as may be
specified in the directions will be taken, either at all times or during
such periods as may be so specified, to guard against attempts to
interfere with or damage the vessel, or any part thereof, or anything
therein;
(b) for the purpose of securing such matters as aforesaid, to secure
that such number of persons, or such number of persons of such class or
description, as may be so specified, shall be on board the vessel,
either at all times while she remains within the harbours and
territorial waters of the Colony or during such periods while she so
remains as may be so specified.
(3) Where, to give effect to arrangements made for complying with
directions given under either of the preceding sub-regulations as
respects a vessel remaining within the har- bours and territorial waters
of the Colony, a person (not being a member of the crew of the vessel)
has been engaged or re- quired to perform duties on board the vessel,
then, if he fails to perform those duties, he shall be guilty of an
offence against these regulations.
(4) Any person acting on behalf of the Governor may,
in relation to any vessel, take such steps and use such force as may
appear to that person to be reasonably necessary for secur ing
compliance with any directions under this regulation relating
787
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788
THE HONG KONG GOVERNMENT GAZETTE.
Control
over visitors to ships.
Measure
for safety
of
British
ships.
to a vessel, or, where an offence against this regulation has occurred
in the case of a vessel for enabling proceedings in respect of the
offence to be effectually taken.
↑
(5) The cost of taking any steps under the last fore- going
sub-regulation in relation to vessel for securing compliance with
directions under this regulation shall be a debt due from the owner of
the vessel to the Crown, and without pre- judice to any other remedy may
be recovered by the Government of Hong Kong as a civil debt.
in
(6) In this regulation the expression "owner", relation to a
vessel, includes the person having the management of the vessel.
46. (1) Any person authorized by the Governor to act under this
regulation may, by directions given to the master of any ship which is
for the time being within the harbours and terri- torial waters of the
Colony, prohibit any person going on board the ship without the consent
in writing of the person so authorized so long as the ship remains
within the harbours and territorial waters of the Colony, or during such
periods while she so re- mains as may be specified in the directions.
(2) Any such directions may be given either generally with
respect to all persons, not being officers or members of the crew of the
ship or police officers or public servants acting in the course of their
duty as such, or with respect to any particular person or class or
description of persons.
(3) If any person goes on board a ship in contravention of
directions given under this regulation, the master of the ship shall be
guilty of an offence against these regulations.
47. (1) Subject as hereinafter provided the Governor may, if it appears
to him to be necessary or expedient for the safety of British ships and
of persons on board such ships so to do, make provision by order-
(u) for securing that any British ship to which the order
applies shall not, except under permission granted by or on behalf of
the Governor, proceed to sea unless such requirements in respect of the
alteration of the structure or external appear- ance of the ship, and in
respect of the equipping of the ship with any particular apparatus,
contrivance or appliance, as may be contained in the order has been
complied with;
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(b) for securing the proper maintenance and efficient use of any
apparatus, contrivance or appliance with which any such ship is equipped
in pursuance of the order.
(e) for prescribing the wireless telegraph services to
be maintained, and the number, grade and qualifications of operators and
watchers to be carried, in connection with the opera- tion of any
wireless telegraph installation provided in any such ship, whether in
pursuance of the order or otherwise;
(d) for any incidental and supplementary matters for which it appears to
the Governor to be necessary or expedient for the purposes of the order
to provide;
and an order under this regulation may be made so as to apply either to
a particular British ship or to British ships of a particular class, and
so as to apply to any such ship or ships either wherever it or they may
be or while in such waters, or engaged on such voyage, as may be
specified in the order, but shall not apply to any Dominion ship.
(2) If any ship proceeds or attempts to proceed to sea in contravention
of an order made under this regulation, the master of the ship and the
person having the management thereof shall each be guilty of an offence
against these regulations.
(3) Any person acting on behalf of the Governor may, in relation to any
ship, take such steps, and use such force, as may appear to that person
to be reasonably necessary for securing compliance with any order under
this regulation relating to the ship, or, where an offence against this
regulation has occurred in the case of the ship, for enabling
proceedings in respect of the offence to be effectually taken.
British
789
48. (1) The Governor, if it appears to him to be necessary Employ- or
expedient in the public interest may, as respects any class of ment in
British ships other than Dominion ships, make provision by ships and
order-
aircraft.
(a) for securing that, subject to any exemptions for which provision may
be made by the order, any such class of persons as may be specified in
the order shall not be employed on board ships to which the order
applies;
(b) for prohibiting the employment of any persons
or class of persons on board such ships unless they are holders of
certificates of identity issued in such form and manner as may be
prescribed by the order, and for determining the circumstances in which
certificates of identity may be granted and revoked under the order;
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790
THE HONG KONG GOVERNMENT GAZETTE.
3
Emenger
Employ- ment
agents for ships and aircraft.
and an order under this regulation may be made so as to restrict the
employment of persons either in any capacity or in such capacity as may
be specified in the order, and so as to restrict the employment of
persons on such ships as aforesaid either wherever they may be or while
in such waters, or engaged in such trades or on such voyages, as may be
so specified.
(2) The preceding provisions of this regulation shall apply in
relation to aircraft as they apply in relation to ships.
49. (1) The Governor, with a view to preventing the employ- outside the
ment outside this Colony, in connection with the management of Colony of
British ships, of persons whom he has reasonable cause to believe to be
of hostile origin or associations or to have been recently concerned in
acts prejudicial to the public interest, may by order direct that, as
from such date as may be specified in the order, the owner, manager or
charterer of any British ship, being a person resident in this Colony,
shall not employ in any foreign country or territory, in connection with
the management of the ship, any person other than a person approved for
the purpose by the Governor; and an order under this regulation may be
made so as to apply either generally or to employment in all foreign
countries or territories, or to employment in such foreign countries or
territories, or such class of foreign countries or territories, as may
be specified in the order.
Entry and departure of thips and aircraft.
(2) The preceding provisions of this regulation shall apply in
relation to aircraft as they apply in relation to ships.
50. (1) The Governor, and any person acting on his behalf, may, if
it appears to him to be necessary or expedient in the public interest so
to do, give directions, as respects any particular ship or aircraft, or
any class of ships or aircraft-
(2) that no such ship or aircraft shall enter or leave
the harbours and territorial waters of the Colony or the Colony, as the
case may be, except with permission granted by him or such person as may
be specified in the directions; or
(b) that any such ship or aircraft shall within such
time as may be specified by any such directions leave the harbours and
territorial waters of the Colony or the Colony.
(2) If any ship or aircraft enters or attempts to enter, or
leaves or attempts to leave the harbours and territorial waters of the
Colony or the Colony, as the case may be, in contravention
SUPPLEMENT No. 2, DECEMBER 28, 1949.
of any directions given under this regulation, the master of the ship
or, as the case may be, the pilot of the aircraft, shall be guilty of an
offence against these regulations,
(3) Any person acting on behalf of the Governor may, in relation to any
ship or aircraft, take such steps, and use such force, as may appear to
that person to be reasonably necessary for securing compliance with any
directions given under this regulation relating to the ship or aircraft,
or, where an offence against this regulation has occurred in the case of
the ship or aircraft, for enabling proceedings in respect of the offence
to be effectually taken.
as in
791
51. (1) The Governor may, if it appears to him to be Prohibition
necessary or expedient in the public interest by order prohibit supply
of any ship or aircraft to take on board any fuel, victuals or fuel,
necessaries or to effect any repairs, as may be specified in such
victuals
and order, whilst such ship is within the harbours and territorial
necessaries, waters of the Colony or whilst such aircraft is in the
Colony. and the
repair of shipa and
Any such order under this regulation may be made so aircraft. as to
apply either to a particular ship or aircraft or to ships or aircraft of
a particular class,
(2) Any person who acts in contravention of any order under this
regulation by supplying or taking on board any ship or aircraft, against
which such order has been made, any such fuel, victuals or necessaries,
or by effecting any such repairs whilst such ship is within the harbours
and territorial waters of the Colony or whilst such aircraft is in the
Colony, or, if there is any contravention of such an order in the case
of a ship or aircraft, the master of the ship or the pilot of the
aircraft, as the case may be, and the person having the management
thereof shall all be individually guilty of an offence against these
regulations.
(3) Any person acting on behalf of the Governor may, in relation to any
ship or aircraft, take such steps, and use such force, as may appear to
that person to be reasonably necessary for securing compliance with any
order made under this regulation relating to the ship or aircraft, or,
where an offence against this regulation has occurred in the case of the
ship or aircraft, for enabling proceedings in respect of the offence to
be effectually taken.
52. (1) No person lawfully engaged to serve on board any Desertion ship
to which this regulation applies shall-
from ships,
etc.
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792
Ordinance
No. 10 of 1899.
THE HONG KONG GOVERNMENT GAZETTE,
(a) neglect or refuse without reasonable cause to join his ship or to
proceed to sea on his ship; or
ship; or
time,
(b) desert or be absent without leave from his
(c) be absent without leave from his duty at any
(2) Nothing in this sub-regulation shall be taken to prejudice the
provisions of paragraphs (4) and (b) of sub-section (5) of section y of
the Merchant Shipping Ordinance, 1899. relating to forfeiture of effects
or wages for desertion or absence without leave.
(3) Where an authorized officer has reasonable cause to
believe that any person has contravened the provisions of sub-
regulation (1) of this regulation, that person may be conveyed on board
his ship by or under the directions of that officer.
(4) For the purpose of the last foregoing sub-regulation "authorized
officer" shall be deemed to include, in addition to the persons
mentioned in regulation 4 hereof, the master of the ship, any mate of
the ship, the person having the management of the ship, any police
officer, and the Director of Marine, the Assistant Director of Marine
(Port Control), any Senior Marine Officer or any Marine Officer.
(5) In relation to ships to which this regulation applies,
sub-regulations (3) and (4) shall have effect in substitution for the
provisions of paragraplis (a) and (b) of sub-section (1) of section o of
the Merchant Shipping Ordinance, 1899, in the case of a British ship and
a ship belonging to a subject of a foreign country to which section 238
of the Merchant Shipping Act, 1894. Vict. c. 60. for the time being
applies, respectively.
57 458
(6) No person lawfully engaged to serve on board any ship to which this
regulation applies shall-
(a) join his ship. or be whilst on board his ship, in a state of
drunkenness so that the performance of his duties or the navigation of
the ship is thereby impeded;
(b) continually and wilfully disobey lawful com- mands or continually
and wilfully neglect his duty;
(c) assault the master or any mate or certified engineer of his ship; or
(d) wilfully damage his ship or embezzle or wil- fully damage any of her
stores or cargo.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
Nothing in this sub-regulation shall be taken to
prejudice the provisions of paragraphs (c), (d), (e), (f), (g) and
798
ty of sub-section (5) of section of the Merchant Shipping Ordinance
Ordinance, 1890, relating to forfeiture of wages for wilful damage No.
10 of to a ship or embezzlement of, or wilful damage to, any of her
stores or cargo.
(7) The ships to which this regulation applies are--
(a) every ship belonging to His Majesty or the Government of any British
possession and every ship, whether British or foreign, chartered or
requisitioned by or on behalf of His Majesty or the Government of any
British possession; and (b) every ship in respect of which there is for
the time being in force a licence granted in pursuance of an order made
under regulation 53 hereof.
(8) In any proceedings for an offence against this re- gulation, a
certificate of the competent authority that at a particular time a ship
was one to which this regulation applies shall be evidence of that fact.
1899.
sea.
53. (1) Without prejudice to any navigation order, the Control of
Governor, with a view to securing that British ships are used in trade
by such manner only as may be considered expedient in the public
interest may by order provide that a British ship shall not proceed to
sea from any port (whether within or outside this Colony) except under
the authority of a licence granted by such authority or person as may be
specified in the order; and any such order may contain provisions
whereby a licence under the order may be granted subject to such
limitations and conditions as the authority or person granting the
licence thinks fit to impose with respect to-
(a) the trades in which the ship may be engaged, and the voyages which
may be undertaken by the ship;
(b) the class of cargoes or passengers which may be carried in the ship;
and
(c) the hiring of the ship, and the terms upon which cargoes or
passengers may be carried in the ship;
and may
also contain such prov isions with respect to incidental and
supplementary matters as appear to the Governor to be necessary or
expedient for the purposes of the order.
Any provisions of an order under this sub-regulation may be so framed so
as to apply to any specified class of British ships, and so as to apply
to any such ships either wherever they
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I
794
THE HONG KONG GOVERNMENT GAZETTE.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
795
Control of agreements for une or hire of, or
carriage of goods in, ships.
may be or while in such waters, or engaged in such trades or on such
voyages, as may be specified in the order, but nothing in such an order
shall apply to any Dominion ship.
(2) Without prejudice to any navigation order or to the preceding
provisions of this regulation, any person acting on behalf of the
Governor, or any such authority, or person as may be designated by the
Governor for the purposes of this sub- regulation, may give such
directions with respect to any particular ship--
(a) for determining the place in the Colony to which the
ship may go, or the position within any such place at which the ship may
lie; and
(b) for determining the class of goods or passengers which
may be put off or taken on board the ship at any particular place in the
Colony;
as the Governor or the said authority or person, as the case may be,
considers necessary or expedient in the public interest.
(3) If any ship proceeds or attempts to proceed to sea in
contravention of an order made under this regulation, or if otherwise
there is any contravention of such an order in the case of a ship, the
master of the ship and the person having the management thereof shall
each be guilty of an offence against this regulation.
(4) Any person acting on behalf of the Governor may, in relation
to any ship, take such steps, and use such force, as may appear to that
person to be reasonably necessary for securing compliance with any order
under this regulation relating to the ship, or, where an offence against
this regulation has occurred in the case of the ship, for enabling
proceedings in respect of the offence to be effectually taken.
54. (1) The competent authority may by order direct that. subject to
the provisions of the order, no person shall enter into or offer to
enter into an agreement for the use or hire of a ship of any such class
as may be specified in the order or for the carriage of goods in any
such ship.
(2) Notwithstanding any thing in regulation 136 hereof where it
is proved that an offer made by any person in contra- vention of an
order under the preceding sub-regulation has been followed by an
agreement so made by him in pursuance of that offer, those transactions
together shall be taken to constitute a single offence.
for service
in ships.
55. Where a British ship (not being a Dominion ship) is Effect of
requisition acquired, chartered or requisitioned by or on behalf of the
Govern- etc., on ment of Hong Kong and the employment or engagement in
that agreements ship of the master or any member of the crew would, but
for this regulation, be terminated by the acquisition, charter or
requisition, then, unless in any case the Governor or any person on his
behalf otherwise directs, the employment or engagement shall not be
terminated thereby, but the agreement under which the master or member
of the crew is employed or engaged shall have effect, as respects the
period during which the ship is owned, chartered or requisitioned by or
on behalf of the Government of Hong Kong, as if it were an agreement
made with the said Government for service in that ship: Provided that
nothing in this regulation shall be construed as affecting the
expiration, by effluxion of time, of any such agreement.
uf
58. In the public interest the Governor may, by order, Regulation
regulate or prohibit, either absolutely or subject to such er
prohibition conditions as may be contained in the order, the navigation
of of the all or any descriptions of aircraft over the Colony or any
portion navigation thereof, or the territorial waters adjacent thereto
and may by aircraft order provide for regulating or prohibiting the use,
erection, over the
Colony. building, maintenance or establishment of any aerodrome, flying
school or landing ground, or any class or description thereof.
PART V.
Transport.
and
57. The Governor, if he considers it necessary or expedient Control of
in the public interest may by order provide for the stopping up,
highways restriction of the use of or diversion of any highway, and for
territorial prohibiting or restricting the exercise of any right of way
or waters. the use of the territorial waters of the Colony or any part
thereof,
58. Without prejudice to any other of these regulations, Traffic on the
Governor may by order provide for the regulation of traffic highways, on
highways, and, without prejudice to the generality of the power
aforesaid, any such order may in particular provide-
(a) for determining the routes to be followed by any particular class of
vehicles proceeding on highways, either generally or in such
circumstanes as may be determined by or in accordance with the order;
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Control of mechanical-
vessels or
THE HONG KONG GOVERNMENT GAZETTE.
(b) for prohibiting or regulating the use of vehicles or any
class of vehicles on highways or the use by vehicles of specified roads
or classes of roads, either generally or in such circumstances as may be
so specified;
and may be made so as to apply either generally or to any specified
area, and may make different provision for different parts of the area
to which the order applies.
59. The Governor may by order provide for requiring ly propelled
mechanically propelled vessels or vehicles, or any such class of
mechanically propelled vessels or vehicles as may be specified vehicles.
in the order, to be rendered incapable of use by unauthorized persons
during such periods or occasions as may be specified; and any such order
may contain provisions with respect to the method by which such vessels
or vehicles are to be rendered incapable of use as aforesaid.
Control of fuel etc. required
for
60. (1) The Governor may by order provide for regulating the supply and
storage of any substances and articles capable of being used as fuel or
lubricants for mechanically propelled mechanical- vessels or vehicles or
otherwise in connexion with such vessels ly propelled vessels or or
vehicles, with a view to preventing supplies thereof being vehicles.
available for use in any manner prejudicial to the public interest and
any such order may, in particular, provide for prohibiting the supply
and storage of such substances and articles as aforesaid elsewhere than
in such places and under such conditions as may be approved by such
authorities or persons as may be specified in the order.
Main- Lenance of highways.
(2) Any order under this regulation may be made so as to apply either
generally or to a particular area, and may provide for any incidental or
supplementary matters for which the Governor thinks it is expedient for
the purposes of the order to provide, including, in particular, the
entry and inspection of premises to which the order relates and the
taking of such steps as may be expedient with a view to securing
compliance with the order.
61. (1) Where any person is under a duty to improve or maintain a
highway, the Governor may give such directions with respect to the
manner in which that duty is to be performed as he thinks necessary in
the public interest.
Directions under this sub-regulation shail apply in relation to any
bridge over or under a highway, and to any tunnel in the course of a
highway, as they apply in relation to a highway.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(2) If any directions given under this regulation are not complied with
by the person to whom they are given, then (without prejudice to any
proceedings which may be taken in respect of the offence) the Governor
may cause to be done all such work as may be necessary for securing
compliance with the directions.
traffic
797
62. (1) Without prejudice to any navigation order, the Control of
Governor, if it appears to him to be necessary or expedient so to within
the de in the public interest, may make provision by order-
harbours and
(a) for prohibiting or restricting the shipping or territorial
unshipping of articles or persons, or any specified class of articles
waters of
the Colony. for persons, at any place within the harbours and
territorial waters of the Culony or at any pier, quay, wharf or any
place bordering thereon:
(b) generally for regulating, facilitating or expedit- ing the traffic
at any such place;
and an order under this regulation may contain such incidental and
supplementary provisions as appear to the Governor to be necessary or
expedient for the purposes of the order.
(2) The reference in this regulation to shipping or unshipping shall be
construed as including a reference to embark- ing or putting on board
seaplanes or disembarking or unloading from scaplanes.
within the
and,
waters of the Colony
63. (1) A competent authority may, if u appears to him to Congestion be
necessary for the purpose of preventing or avoiding any undue of trafic
congestion of traffic at any place within the harbours and territorial
harbours waters of the Colony or upon railway premises cause to be
removed
territorial from any such place or premises, and to be kept at such
place in the Colony as he thinks proper, any goods at such place or on
the premises which are not removed therefrom with reasonable railways.
despatch by or on behalf of the consignee, after reasonable notice in
writing to the consignee to remove the goods shall have been given. Such
competent authority may make provision by order-
(a) for carrying into effect the provisions of this
regulation:
(b) for making charges in respect of the removal and storage elsewhere
of any goods, coming within the provisions of this regulation and an
order under this regulation may contain such incidental and
supplementary provisions as appear to such competent authority to be
necessary or expedient for the purposes of the order.
and on
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Handling and
conveyance
of
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