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

5A. Obligation to give certain information in respect of offences
(1) Where the person in charge of a vessel or the driver of a vehicle is suspected of having committed an offence under this Ordinance, any person (including the owner of the vessel or vehicle, and the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the alleged offence) shall, on demand made by the Director or a supervisor within 3 months after the date of the alleged offence, give to the Director or a supervisor in the manner prescribed in this section the name and address of the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the alleged offence.
(2) A demand under subsection (1) may be made orally or by means of a notice served personally or by post on the person to whom it is made.
(3) Where a demand under subsection (1) is made orally to any person he shall—
(a) if he was the person in charge of the vessel or driver of the vehicle at the time of the alleged offence, give immediately his name and address; or
(b) if he was not the person in charge of the vessel or driver of the vehicle at the time of the alleged offence, give the information required under subsection (1) to the Director or to a specified supervisor either orally or in writing within 21 days after the date of the demand.
(4) A notice served under subsection (2) shall require the person to whom it is addressed—
(a) to furnish to the Director, within 21 days after the date of the notice, a written statement, in such form as may be specified in the notice, giving the name and address of the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the alleged offence; and
(b) to sign the statement.
(5) Subject to subsection (6), any person who contravenes subsection (1) commits an offence and is liable to a fine at level 2 and to imprisonment for 3 months. (Amended E.R. 5 of 2022)
(6) In proceedings for an offence under subsection (5), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address of the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the alleged offence.
(7) In this section—
alleged offence (指控罪行) means the suspected offence referred to in subsection (1);
supervisor (主管) means a person appointed under regulations made under this Ordinance to be a supervisor at a public cargo working area or public water-front.
(Added 56 of 1982 s. 4)

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

5B. Proof in summary proceedings of identity of driver
If, in any summary proceedings for an offence under this Ordinance, there is produced to the magistrate a statement which—
(a) purports to have been signed by the accused person;
(b) was furnished in accordance with a notice served on him under section 5A(2); and
(c) states that the accused person was the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the offence,
the magistrate shall admit the statement as prima facie evidence that the accused person was the person in charge of the vessel or driver of the vehicle at the time of the offence.
(Added 56 of 1982 s. 4)

5C. Copies of notices admissible as evidence
(1) Where under this Ordinance a notice is required to be affixed to any cargo or cargo container or displayed in any place, a document purporting to be a copy of such notice, signed and certified as a true copy by the Director or by any person authorized by him, in writing, in that behalf, shall be admissible in any criminal or civil proceedings before any court or magistrate on its production without further proof as evidence of the original notice and, until the contrary is proved, the court or magistrate shall presume that—
(a) the signature and certification to the document is that of the Director or a person authorized by him, in writing, in that behalf; and
(b) the document is a true copy of the original notice.
(2) Nothing in this section shall prejudice the admissibility of any evidence which would be admissible apart from the provisions of this section.
(Added 56 of 1982 s. 4)

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

6. Regulations
(1) The Chief Executive in Council may make regulations for all or any of the following purposes— (Amended 64 of 1999 s. 3)
(a) providing for any matter or thing which is to be or may be prescribed under this Ordinance;
(b) regulating entry to and the use of any public cargo working area, public water-front or excluded water-front;
(c) controlling or providing for the control of—
(i) the handling, inspection or weighing of cargo or cargo containers in any public cargo working area, public water-front or excluded water-front;
(ii) vessels and vehicles in any public cargo working area, public water-front or excluded water-front;
(ca) empowering the Director to set aside areas in a public cargo working area, public water-front or excluded water-front for purposes specified in the regulations; (Added 56 of 1982 s. 5)
(cb) empowering the Director to specify the type of cargo handling machinery and equipment to be used in a public cargo working area, public water-front or excluded water-front for any purpose specified by him and to specify conditions subject to which such cargo handling machinery and equipment may be so used; (Added 56 of 1982 s. 5)
(d) empowering the Director—
(i) to give directions in relation to such matters as may be specified;
(ii) to take such action as may be necessary to give effect to any such direction which is not complied with;
(iii) to recover the cost of any such action taken by the Director;
(e) empowering the Director or any person authorized by him to require any person using any public cargo working area, public water-front or excluded water-front to provide his name and address; (Replaced 56 of 1982 s. 5)
(f) empowering the Director to require persons using any public cargo working area, public water-front or excluded water-front, and the owner of any cargo or cargo container handled therein, to give any specified information in respect of the use of such area or water-front or in respect of any such cargo or cargo containers;
(g) prescribing fees and charges; (Amended 56 of 1982 s. 5)
(h) empowering the Director to waive the payment of any fee or charge or to remit any fee or charge so paid; and (Amended 56 of 1982 s. 5)
(i) generally for the better carrying out of the purposes of this Ordinance.
(2) Regulations made under this section may provide that a contravention thereof shall be an offence and prescribe a penalty on conviction of any such offence not exceeding a fine at level 4 and imprisonment for a term not exceeding 1 year. (Amended 56 of 1982 s. 5; E.R. 5 of 2022)