### Ferry Services Ordinance 《渡輪服務條例》

16. Conditions etc., with respect to directions
(1) The Commissioner shall not direct a grantee under section 14 or 15, unless he—
(a) has consulted with the Director of Civil Engineering and Development and the Director of Marine; (Amended L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004) 
(b) has given reasonable notice of the direction to the grantee; 
(c) has considered any submissions made by the grantee; and 
(d) has had regard to—
(i) the projected demand over a reasonable period for ferry services; 
(ii) other transport services and facilities provided or to be provided (whether by the grantee or otherwise); 
(iii) the availability of piers and ferry vessels; 
(iv) the financial implications for the grantee; 
(v) any additional resources that may be required by the grantee; and 
(vi) any other factors that the Commissioner considers relevant. 
(2) If a grantee disagrees with a direction given by the Commissioner the grantee may within 14 days of the direction, or such further period as the Commissioner may allow, object by notice in writing served on the Commissioner. 
(3) Subject to subsection (4), the Commissioner shall within 28 days of receiving of an objection under subsection (2) notify the grantee whether he allows or rejects the objection or intends to refer the matter to the Chief Executive in Council. (Amended 62 of 1999 s. 3)
(4) Where an objection under subsection (2) is based on the ground of adverse financial implications the Commissioner shall not reject the objection until he has referred the objection and his comments on it to the Chief Executive in Council for his determination. (Amended 62 of 1999 s. 3)
(5) Where a grantee objects under this section, it shall provide full details of its objection including copies of all documents, papers, submissions and financial particulars upon which it relies in support of its objection. 

17. Application by grantee in respect of temporary alterations to services
(1) A grantee may apply in writing to the Commissioner to exercise his powers under section 14 or 15 in respect of a franchised service operated by the grantee. 
(2) Unless the Commissioner otherwise agrees, an application under subsection (1) shall be delivered to the Commissioner not less than 28 days prior to the date upon which the grantee desires to introduce the alteration or commence operating the new ferry service set out in its application.

### Ferry Services Ordinance 《渡輪服務條例》

18. Suspension or alteration of franchised service in circumstances beyond the control of a grantee
(1) Whenever a grantee suspends or alters otherwise than in accordance with section 15(3) a franchised service for a period of more than 48 hours, or it appears likely that a suspension or alteration will last for more than 48 hours, the grantee shall notify the Commissioner as soon as practicable after it becomes aware that the suspension or alteration is likely to last for more than 48 hours. 
(2) The Commissioner may direct a grantee to supply within a reasonable time such information as the Commissioner thinks fit relating to the cause of any suspension or alteration referred to in subsection (1) and the steps taken or proposed to be taken by the grantee in relation thereto. 
(3) Whenever a grantee suspends or alters a service for less than 48 hours, the Commissioner may direct the grantee to supply within a reasonable time such information as the Commissioner thinks fit relating to the suspension or alteration. 
(4) Where a grantee suspends or alters a franchised service for more than 48 hours otherwise than in accordance with section 15(3) the Commissioner may—
(a) direct the grantee to make application for a variation of the franchised service; 
(b) direct the grantee to resume the franchised service; or 
(c) take such other action under this Part as he sees fit. 
(5) Where a grantee suspends or alters a franchised service by reason of circumstances beyond its control, such suspension or alteration shall not be taken as a breach of its franchise or a failure to maintain a proper and efficient service if the grantee complies with the requirements of this section and all the requirements and directions of the Commissioner in relation to the suspension or alteration.

### Ferry Services Ordinance 《渡輪服務條例》

20. Commissioner may specify piers and berths
(1) As regards any franchised service the Commissioner may, from time to time, after consultation with the Director of Marine, the Director of Civil Engineering and Development and the grantee, by notice in writing specify the piers or berths to be used by the grantee for the purposes of such franchised service. (Amended L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004) 
(2) Subject to this Ordinance, the grantee shall not use a pier or berth other than a pier or berth specified under this section for the purposes of any franchised service.

21. Records
(1) In respect of any franchise, the Commissioner may by notice in writing direct the grantee to keep, in such form as the Commissioner may reasonably require, records in respect of all or any of the following matters—
(a) the number and capacity of the ferry vessels in use on each franchised service each day; 
(b) the number of journeys operated by each ferry vessel on a franchised service each day; 
(c) the number and classification of passengers and vehicles carried on each ferry journey on each franchised service each day; 
(d) the number and classification of passengers and vehicles carried on each franchised service each day; 
(e) the daily receipts in respect of each franchised service; 
(f) the number and specifications of ferry vessels used or kept by the grantee for the purposes of or in connexion with its franchise, and the number and specifications of ferry vessels under construction or which have been ordered for the purposes of the franchise; 
(g) the maintenance of ferry vessels, piers and any other facilities employed by a grantee in connexion with the franchise. 
(2) A grantee shall furnish to the Commissioner, at such times and in such form as he may reasonably direct, copies of any records which it is directed to keep pursuant to any notice under subsection (1). 
(3) The Financial Secretary or any person authorized in writing by him may inspect, at any reasonable time, any records and accounts kept by the grantee in connexion with its franchise and make and take away copies of any such records or accounts.

### Ferry Services Ordinance 《渡輪服務條例》

22. Forward planning

(1) A grantee and the Commissioner shall not later than 30 November in each year reach agreement as far as they are able on a plan relating to the operations of the grantee for the next 5 years. 
(2) In the event that the grantee and the Commissioner fail to reach agreement on any point in a plan, the Commissioner shall forward the details of the point in disagreement, including the grantee’s submissions in relation thereto, to the Secretary for Transport and Logistics who shall decide on the point having regard to the submissions of the grantee and the Commissioner and such decisions of the Secretary for Transport and Logistics shall be incorporated in the plan. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(3) In the exercise of any power under this Ordinance, the Chief Executive in Council and the Commissioner shall have regard to any plan in force under this section. (Amended 62 of 1999 s. 3)
(4) Where a grantee fails to comply with a plan in force under this section by reason of circumstances beyond its control, such failure shall not be taken as a breach of its franchise or a failure to maintain a proper and efficient service.

Editorial Note:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.