### Port Control (Cargo Working Areas) Ordinance 《港口管制(貨物裝卸區)條例》

1. Short title
This Ordinance may be cited as the Port Control (Cargo Working Areas) Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
berth (停泊) means to berth, moor, anchor or secure any vessel;
cargo (貨物) means any freight carried, or intended to be carried, in or on any vessel or vehicle and means also ships’ stores;
cargo container (貨櫃) 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 (處長) means the Director of Marine;
excluded water-front (例外的海旁) means an area declared under section 3 to be an excluded water-front;
owner (擁有人)—
(a) in relation to any cargo or cargo container, means any person being or holding himself out to be the owner, importer, exporter, consignee, agent or person in possession of, or beneficially interested in, or having any control of, or power of disposition over, the cargo or cargo container;
(b) in relation to a vehicle, includes the person in whose name the vehicle is registered and the person by whom the vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement;
(c) in relation to a vessel, includes the registered or licensed owner of the vessel and, in relation to a vessel which is the subject of a hiring agreement, means the person in possession of the vessel under that agreement; (Added 56 of 1982 s. 2)

public cargo working area (公眾貨物裝卸區) means an area declared under section 3 to be a public cargo working area;
public water-front (公眾海旁) means an area declared under section 3 to be a public water-front;
vehicle (車輛) means any vehicle intended or adapted for use on roads;
vessel (船隻) 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.

### Port Control (Cargo Working Areas) Ordinance 《港口管制(貨物裝卸區)條例》

3. Declaration of areas to be public cargo working areas, public water-fronts and excluded water-fronts
(1) The Secretary for Transport and Logistics may, by order published in the Gazette, declare any area of unleased Government land (including any road), and any area of water adjoining any such area, to be— (Amended 4 of 1995 s. 2; 29 of 1998 s. 105; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) a public cargo working area;
(b) a public water-front; or
(c) an excluded water-front.
(2) In any order made under subsection (1) an area may be defined by reference to a plan deposited in the Land Registry, and a copy of any such plan purporting to be certified by the Director as a true copy thereof may be admitted as evidence of the plan without further proof in any criminal or civil proceedings before any court or magistrate. (Replaced 56 of 1982 s. 3. Amended 8 of 1993 s. 2)
(3) Any order made and any plan prepared and deposited under the provisions of this section in force immediately before the commencement* of the Port Control (Cargo Working Areas) (Amendment) Ordinance 1982 (56 of 1982) shall be deemed for all purposes to have been made, or prepared and deposited, as the case may be, under this section as amended by that Ordinance. (Replaced 56 of 1982 s. 3)

Editorial Note:
* Commencement date: 10 January 1983.

4. Public cargo working areas, etc. deemed to be public places
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 (Cap. 228).

### Port Control (Cargo Working Areas) Ordinance 《港口管制(貨物裝卸區)條例》

5. Director’s powers in respect of abandoned cargo, etc.
(1) Without prejudice to any other provisions of this Ordinance relating to the deposit of any cargo or cargo container in a public cargo working area or a public water-front, if the Director is satisfied that any cargo or cargo container has been left or abandoned in a public cargo working area or public water-front, he may, by affixing to such cargo or cargo container in a prominent position a notice in a form specified by him, seize such cargo or cargo container.
(2) The Director shall cause a copy of a notice affixed under subsection (1) to be displayed in a conspicuous place within the public cargo working area or public water-front, as the case may be.
(3) The Director may cause any cargo or cargo container seized under subsection (1) to be removed to a place of storage.
(4) The owner of any cargo or cargo container seized under subsection (1) may, within 14 days after the date of seizure, claim the same by notice in writing to the Director.
(5) The Director shall—
(a) on receipt of a claim in accordance with subsection (4); and
(b) on payment to him of the prescribed fees and the costs, if any, of removal and storage within the period referred to in that subsection,
release the cargo or cargo container to the claimant.
(6) Where in respect of any cargo or cargo container seized under subsection (1)—
(a) no claim is made in accordance with subsection (4); or
(b) the prescribed fees and the costs, if any, of removal and storage are not paid within the period referred to in that subsection,
the Director may cause such cargo or cargo container to be sold or otherwise disposed of in such manner as he thinks fit and the proceeds, if any, of such sale or disposal, after deduction of the prescribed fees and the costs, if any, of removal and storage, and of the sale or disposal, shall be paid into the general revenue of Hong Kong at the expiry of 3 months from the date of such sale or disposal if not previously claimed by the owner of the cargo or cargo container.
(7) No action in respect of any damage to property shall lie against the Director or any other officer performing or exercising any function, duty or power under this section.
(8) Any person who interferes with or removes any cargo or cargo container seized under subsection (1), unless authorized or directed to do so by the Director, commits an offence and is liable to a fine at level 4 and to imprisonment for 1 year. (Amended E.R. 5 of 2022)
(Replaced 56 of 1982 s. 4)