### Occupiers Liability Ordinance 《佔用人法律責任條例》

1. Short title
This Ordinance may be cited as the Occupiers Liability Ordinance.

2. Preliminary
(1) The rules enacted by sections 3 and 4 shall have effect, in place of the rules of the common law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them.
(2) The rules so enacted shall regulate the nature of the duty imposed by law in consequence of a person’s occupation or control of premises and of any invitation or permission he gives (or is to be treated as giving) to another to enter or use the premises, but they shall not alter the rules of the common law as to the persons on whom a duty is so imposed or to whom it is owed; and accordingly for the purpose of the rules so enacted the persons who are to be treated as an occupier and as his visitors are the same as the persons who would at common law be treated as an occupier and as his invitees or licensees.
(3) The rules so enacted in relation to an occupier of premises and his visitors shall also apply, in like manner and to the like extent as the principles applicable at common law to an occupier of premises and his invitees or licensees would apply, to regulate—
(a) the obligations of a person occupying or having control over any fixed or movable structure, including any vessel, vehicle or aircraft; and
(b) the obligations of a person occupying or having control over any premises or structure in respect of damage to property, including the property of persons who are not themselves his visitors.
[cf. 1957 c. 31 s. 1 U.K.]

3. Extent of occupier’s ordinary duty
(1) An occupier of premises owes the same duty, the common duty of care

### Occupiers Liability Ordinance 《佔用人法律責任條例》

4. Effect of contract on occupier’s liability to third party
(1) Where an occupier of premises is bound by contract to permit persons who are strangers to the contract to enter or use the premises, the duty of care which he owes to them as his visitors cannot be restricted or excluded by that contract, but (subject to any provision of the contract to the contrary) shall include the duty to perform his obligations under the contract, whether undertaken for their protection or not, in so far as those obligations go beyond the obligations otherwise involved in that duty.
(2) A contract shall not by virtue of this section have the effect, unless it expressly so provides, of making an occupier who has taken all reasonable care answerable to strangers to the contract for dangers due to the faulty execution of any work of construction, maintenance or repair or other like operation by persons other than himself, his servants and persons acting under his direction and control.
(3) In this section stranger to the contract (合約的局外人) means a person not for the time being entitled to the benefit of the contract as a party to it or as the successor by assignment or otherwise of a party to it, and accordingly includes a party to the contract who has ceased to be so entitled.
(4) Where by the terms or conditions governing any tenancy (including a statutory tenancy which does not in law amount to a tenancy) either the landlord or the tenant is bound, though not by contract, to permit persons to enter or use premises of which he is the occupier, this section shall apply as if the tenancy were a contract between the landlord and the tenant.
(5) This section, in so far as it prevents the common duty of care from being restricted or excluded, applies to contracts entered into and tenancies created before the commencement of this Ordinance, as well as to those entered into or created after its commencement; but, in so far as it enlarges the duty owed by an occupier beyond the common duty of care, it shall have effect only in relation to obligations which are undertaken after that commencement or which are renewed by agreement (whether express or implied) after that commencement.
[cf. 1957 c. 31 s. 3 U.K.]

### Occupiers Liability Ordinance 《佔用人法律責任條例》

6. Implied term in contracts
(1) Where persons enter or use, or bring or send goods to, any premises in exercise of a right conferred by contract with a person occupying or having control of the premises, the duty he owes them in respect of dangers due to the state of the premises or to things done or omitted to be done on them, in so far as the duty depends on a term to be implied in the contract by reason of its conferring that right, shall be the common duty of care.
(2) Subsection (1) shall apply to fixed and movable structures as it applies to premises.
(3) This section does not affect the obligations imposed on a person by or by virtue of any contract for the hire of, or for the carriage for reward of persons or goods in, any vehicle, vessel, aircraft or other means of transport, or by or by virtue of any contract of bailment.
(4) This section does not apply to contracts entered into before the commencement of this Ordinance.
[cf. 1957 c. 31 s. 5 U.K.]

7. Application to Crown
This Ordinance shall bind the Crown, but as regards the Crown’s liability in tort shall not bind the Crown further than the Crown is made liable in tort by the Crown Proceedings Ordinance (Cap. 300) and that Ordinance and in particular section 4 of it shall apply in relation to duties under sections 3 to 5 of this Ordinance as statutory duties. 
[cf. 1957 c. 31 s. 6 U.K.]

### Shipping and Port Control (Ferry Terminals) Regulations 《船舶及港口管制(渡輪終點碼頭)規例》

1. Citation
These regulations may be cited as the Shipping and Port Control (Ferry Terminals) Regulations.
(64 of 1999 s. 3)

### Shipping and Port Control (Ferry Terminals) Regulations 《船舶及港口管制(渡輪終點碼頭)規例》

3. Declaration of terminals
(1) Each area the name and boundaries of which are respectively specified in columns 2 and 3 of Schedule 1 is hereby declared as a terminal.
(2) For the purpose of this regulation, “area” (範圍) includes the land and water, and any building, street, pier or pontoon, within the boundaries of the area.
(L.N. 57 of 2004)

4. Terminals under control of Director
(1) A terminal shall be under the control of the Director.
(2) Except with the permission of the Director, no vessel shall enter a terminal.
(3) The Director may close the whole or a part of a terminal for such period as he may specify.
(4) The Director may, by notice or sign exhibited in a terminal, prohibit access to the whole or a part of the terminal, at such time as he may specify, by—
(a) any person or class of persons;
(b) any vessel or class of vessels;
(c) any vehicle or class of vehicles.
(5) The Director may, by notice or sign exhibited in any air-conditioned area communally used by passengers in a terminal, declare that smoking is allowed in so much of that area as is indicated in the notice or sign and in such case the prohibition imposed under regulation 32(2) and the offence and penalty created and imposed under regulation 35(6A) and (11)(b) respectively shall not extend to the area so indicated. (L.N. 290 of 1995)

5. Vessels to use terminals
(1) A ferry vessel shall berth at a terminal unless the Director otherwise directs.
(2) Except with the permission of the Director—
(a) no person shall be embarked on or disembarked from; and
(b) no cargo shall be loaded on or discharged from,
a vessel within a terminal other than at a place in the terminal which is allocated to the vessel for such purpose by the Director.
(L.N. 253 of 1994)