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

5A. Entry of vessels
(1) The person in charge of a vessel shall, upon the vessel entering a public cargo working area or public water-front— (L.N. 71 of 1999)
(a) if there is a lay-by, cause the vessel to proceed directly to the lay-by;
(b) report the arrival of the vessel to a supervisor on duty at the public cargo working area or public water-front; and
(c) apply to such supervisor for a berthing permit under regulation 5B(1).
(2) The person in charge of a vessel in a lay-by shall not cause or permit the vessel to leave the lay-by unless— (L.N. 71 of 1999)
(a) a cargo working berth has been allocated to the vessel under regulation 5C; or
(b) the vessel is proceeding to leave the public cargo working area or public water-front.
(3) (Repealed L.N. 71 of 1999)(4) Any person who without reasonable excuse contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months. (E.R. 1 of 2021)
(L.N. 332 of 1982)

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

5B. Berthing permits
(1) A supervisor may, upon application and on payment of the prescribed fee, issue a berthing permit to any person in respect of a vessel in a public cargo working area or public water-front.
(2) A supervisor may refuse to issue a berthing permit in any case where in his opinion it is necessary to do so in the interests of the proper management of the public cargo working area or public water-front.
(3) A berthing permit ceases to be valid if—
(a) it is cancelled under regulation 21;
(b) the prescribed fee or the surcharge payable under regulation 5C(5) is not paid in accordance with regulation 22(2); or
(c) the vessel in respect of which it is issued—
(i) leaves the cargo working berth allocated to it under regulation 5C(1) other than pursuant to a direction under regulation 5C(4); or
(ii) leaves the public cargo working area or public water-front.
(4) The person in charge of a vessel shall not cause or permit the vessel to remain in a public cargo working area or public water-front unless— (L.N. 71 of 1999)
(a) there is a valid berthing permit issued in respect of the vessel; or
(b) if there is no such permit, an application for a berthing permit in respect of the vessel has been made under paragraph (1), and the supervisor has not refused to issue the permit.
(5) (Repealed L.N. 71 of 1999)(6) Any person who without reasonable excuse contravenes paragraph (4) shall be guilty of any offence and shall be liable on conviction to a fine at level 4 and to imprisonment for 1 year. (E.R. 1 of 2021)
(L.N. 332 of 1982)

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

5C. Allocation of cargo working berths
(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 at level 3 and to imprisonment for 6 months. (E.R. 1 of 2021)
(L.N. 332 of 1982)

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

5E. Permission to depart
(1) The person in charge of a vessel in a public cargo working area or public water-front shall, before the departure of the vessel from the public cargo working area or public water-front—
(a) report to a supervisor on duty at the public cargo working area or public water-front;
(b) pay all outstanding fees and charges incurred in respect of the vessel under these regulations; and
(c) obtain the permission of the supervisor for the departure of the vessel.
(2) Any person who without reasonable excuse contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months. (E.R. 1 of 2021)
(L.N. 332 of 1982)

6. Loading and unloading of cargo
(1) Except as otherwise provided in these regulations, no person shall use a public cargo working area or public water-front otherwise than for the loading or unloading of cargo or cargo containers into or from any vehicle or vessel.
(2) (Repealed L.N. 279 of 1999)(3) (Repealed L.N. 226 of 1984)(4) Any person who without reasonable excuse contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months. (L.N. 332 of 1982; L.N. 226 of 1984; L.N. 279 of 1999; E.R. 1 of 2021)

6AA. Circumstances under which certain activities may be carried out
(1) The Director may, upon application by any person and on payment of the prescribed fee, permit that person in writing to carry out any activity prohibited under regulation 6 within a public cargo working area or public water-front specified in the permission.
(2) The permission under paragraph (1) is valid— (E.R. 1 of 2021)
(a) only for the public cargo working area or public water-front specified in the permission; and
(b) for the period specified in the permission.
(3) This regulation shall not apply to any thing or activity for which provision is made elsewhere in these regulations.
(L.N. 279 of 1999)