Hong Kong Regulations

PORT CONTROL (CARGO WORKING AREAS) REGULATIONS - REGULATION 5C

Allocation of cargo working berths

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 64 of 1999 s. 3

(1) A supervisor may allocate a cargo working berth to a vessel in respect of
which a berthing permit has been issued.

(2) Where a cargo working berth is allocated to a vessel, the supervisor shall
cause the date and time of such allocation to be endorsed on the
berthing permit issued in respect of the vessel.

(3) Except where a vessel is moved pursuant to a direction under paragraph
(4)(a), a cargo working berth allocated to a vessel shall remain allocated to
the vessel until the berthing permit issued in respect of the vessel ceases to
be valid.

(4) A supervisor may direct the person in charge of a vessel to which a
cargo working berth is allocated, to-

   (a)  move the vessel from that cargo working berth to another cargo 
        working berth allocated to the vessel;

   (b)  berth the vessel at the cargo working berth allocated to it in such
        position and manner as he thinks fit.

(5) Where a cargo working berth is allocated to a vessel a surcharge shall be
payable, in addition to the prescribed fee payable in respect of the
berthing permit, at the appropriate rate prescribed in the Schedule for each
surcharged day.

(6) For the purposes of paragraph (5) and the Schedule, "surcharged day"
(附加費徵收日) means any period of 24 hours or part thereof during which
a cargo working berth remains allocated to a vessel after the expiry of-

   (a)  in the case of a vessel exceeding 48 metres in length overall and
        engaged in the coastal and river trade between Hong Kong and Mainland
        of China, 64 operating hours; and (64 of 1999 s. 3)

   (b)  in the case of any other vessel, 48 operating hours, from the time of
        allocation endorsed on the berthing permit under paragraph (2). (L.N.
        226 of 1984)

(7) A person in charge of a vessel shall not- (L.N. 71 of 1999)

   (a)  berth a vessel or cause or permit a vessel to be berthed or remain
        berthed at any cargo working berth not allocated to the vessel; or

   (b)  fail to comply with a direction under paragraph (4).

(8) (Repealed L.N. 71 of 1999)

(9) Any person who without reasonable excuse contravenes paragraph

(7) shall be guilty of an offence and shall be liable on conviction to a fine
of $10000 and to imprisonment for 6 months. (L.N. 332 of 1982)

"surcharged day" (附加費徵收日)