### Kai Tak Cruise Terminal Ordinance 《啟德郵輪碼頭條例》

5. Operation and management of Terminal
(1) The Commissioner may operate and manage the Terminal on a commercial basis.
(2) Subject to the tenancy agreement between the Government and a terminal operator, the operator may operate and manage the Terminal in relation to any part of the Terminal Area specified in the agreement on a commercial basis.
(3) Without limiting subsection (1) or (2), for the purposes of operating and managing the Terminal on a commercial basis under that subsection, the Commissioner or a terminal operator may determine, demand and collect any or all of the following fees and rents—
(a) fees for the berthing or anchorage of cruise ships or other vessels;
(b) rents for the lease or sublease of any premises;
(c) fees for licences for the entry, use or occupation of any premises;
(d) fees for the use of vehicle parking facilities;
(e) any other fees.
(4) The fees and rents referred to in subsection (3) are not limited by reference to—
(a) the administrative or other costs incurred or likely to be incurred in operating and managing the Terminal; or
(b) the recovery of expenditure in operating and managing the Terminal.
(5) To avoid doubt, subject to the tenancy agreement between the Government and a terminal operator, any moneys received by the operator in the course of operating and managing the Terminal in accordance with the agreement—
(a) are not moneys raised or received for the purposes of the Government under section 3 of the Public Finance Ordinance (Cap. 2); and
(b) may be retained by the operator.

### Kai Tak Cruise Terminal Ordinance 《啟德郵輪碼頭條例》

6. Authorization and delegation by Commissioner
(1) The Commissioner may authorize a public officer, or any member of a class of public officers, to be an authorized officer for the purposes of this Ordinance.
(2) An authorization under subsection (1)—
(a) must be in writing; and
(b) may be given in relation to specified provisions of this Ordinance or in relation to this Ordinance generally.
(3) Subject to subsection (4), the Commissioner may, in writing, delegate any of his or her functions under this Ordinance to—
(a) a public officer or any member of a class of public officers;
(b) a terminal operator; or
(c) a property manager.
(4) The Commissioner may not delegate under subsection (3) his or her function under—
(a) subsection (1) or (3);
(b) section 9(1); or
(c) section 24(1).
(5) If a function is delegated to a terminal operator or property manager (delegate) under subsection (3), the delegate may sub-delegate that function to the delegate’s employee.
(6) If a function under this Ordinance is performed by a person who is—
(a) a public officer;
(b) a terminal operator or an employee of a terminal operator; or
(c) a property manager or an employee of a property manager,
then, until the contrary is proved, the person is taken to have performed the function in accordance with an authorization or delegation under this section.
(7) In this Ordinance (other than in subsections (1) and (3) and sections 9(1) and 24(1)), a reference to the Commissioner in relation to a function includes—
(a) a person to whom the function is delegated by the Commissioner under subsection (3); and
(b) if the person sub-delegates that function to the person’s employee under subsection (5), that employee.

### Kai Tak Cruise Terminal Ordinance 《啟德郵輪碼頭條例》

7. Access by persons to and from Terminal Area and order to leave
(1) A person must not enter or leave the Terminal Area except—
(a) by an entrance or exit of the Terminal Area specified by the Commissioner or an authorized officer; or
(b) by means of a vessel.
(2) If the Commissioner or an authorized officer considers it necessary for the operation, safety or security of the Terminal, the Commissioner or officer may order a person to leave the Terminal Area, or any part of it.
(3) If the Commissioner or an authorized officer considers it necessary for the operation, safety or security of the Terminal, the Commissioner or officer may, by notice or sign exhibited in a conspicuous place within or near the Terminal Area, prohibit access by any person or class of persons to the Terminal Area, or any part of it.
(4) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1.
(5) A person who, without reasonable excuse, fails to comply with an order given under subsection (2) or a notice or sign exhibited under subsection (3) commits an offence and is liable on conviction to a fine at level 1.

### Kai Tak Cruise Terminal Ordinance 《啟德郵輪碼頭條例》

8. Vehicles and vessels within, entering, leaving Terminal Area etc.
(1) A person must not drive a vehicle into or out of the Terminal Area except by an entrance or exit of the Terminal Area specified by the Commissioner or an authorized officer.
(2) Except with the permission of the Commissioner or an authorized officer, a person must not—
(a) navigate a vessel into, within or out of the Terminal Area; or
(b) cause an object to float on, or be in, the sea within the Terminal Area.
(3) Subsection (2) does not apply in relation to—
(a) the navigation of a vessel that is used by a person acting in his or her capacity as a public officer;
(b) the navigation of a vessel that is scheduled to be berthed or anchored within the Terminal Area; or
(c) the use of a life-saving appliance in an emergency.
(4) If the Commissioner or an authorized officer considers it necessary for the operation, safety or security of the Terminal, the Commissioner or officer may—
(a) give a direction or an order to the driver of a vehicle or the owner or master of a vessel (including an order requiring the vehicle or vessel to leave the Terminal Area, or any part of it); or
(b) exhibit a notice or sign in a conspicuous place within or near the Terminal Area for vehicles or vessels.
(5) Without limiting subsection (4)(b), the Commissioner or an authorized officer may exhibit a notice or sign under that subsection to prohibit access by—
(a) any vehicle or class of vehicles; or
(b) any vessel or class of vessels,
to the Terminal Area, or any part of it.
(6) A person who, without reasonable excuse, contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 1.
(7) If the driver of a vehicle or the owner or master of a vessel, without reasonable excuse, fails to comply with a direction or an order given, or a notice or sign exhibited, under subsection (4) while the vehicle or vessel is within, entering or leaving the Terminal Area, the driver, owner or master commits an offence and is liable on conviction to a fine at level 1.