Cap. 1023 sub. leg. B

Ocean Terminal (Parking and Waiting) By-laws(Cap. 1023, section 3) [23 June 1972](Format changes—E.R. 6 of 2022) 1. Citation These by-laws may be cited as the Ocean Terminal (Parking and Waiting) By-laws. 2. Interpretation In these by-laws, unless the context otherwise requires—car park (停車場) means the car park on the 62 feet and 72 feet principal datum levels and the taxi quay at the 33 feet principal datum level of the Ocean Terminal being Kowloon Permanent Pier 83 and also means the ramps and entrances thereto;driver (司機) includes any person who is in charge of a vehicle;fee (費用) means the sum payable to the company for the use of the car park;Ocean Terminal (海運大廈) means that part of the company’s pier in Kowloon known as Kowloon Permanent Pier 83;official of the company (公司職員) includes any person employed as a car park attendant at the car park;parking permit (泊車許可證) means a ticket other than a pass issued to each driver who uses the car park;pass (通行證) means a monthly or quarterly pass issued in accordance with by-law 9(2);vehicle (車輛) means any mechanically propelled vehicle intended or adopted for the use on roads. 3. Use of car park (1) The driver of a vehicle in respect of which a pass has been issued shall, upon entering and leaving the car park and at any other time when requested to do so by an official of the company, produce the pass for inspection.(2) Any driver who proposes to use the car park otherwise than in accordance with a pass shall upon entering the car park obtain a parking permit in respect of his vehicle and shall at any time thereafter upon request by an official of the company produce such parking permit for inspection.(3) On leaving the car park a driver to whom a parking permit has been issued shall surrender such parking permit to an official of the company.(4) No person shall park any vehicle or cause or permit any vehicle to wait on the taxi quay on the 33 feet principal datum level in contravention of any sign or lines erected or delineated at or on such taxi quay for the direction of vehicles or for the designation of the type or class of vehicle which may be parked on such taxi quay or any park thereof.(5) No vehicle shall be parked or allowed to wait in the car park for more than 7 days unless by prior agreement with the company. 4. Duties of drivers within car parks (1) The driver of a vehicle who uses or proposes to use the car park and any person who enters or proposes to enter the park shall—(a) obey all lawful directions given to him by an official of the company;(b) obey all signs and signals within the car park which are applicable to him; and(c) on demand made by an official of the company give his name and address to such official.(2) The driver of a vehicle who uses the car park shall not—(a) sound any warning instrument therein except in an emergency;(b) park the vehicle in such a manner that it protrudes over any line indicating the space in which the vehicle is to be parked;(c) park the vehicle in any part of the car park other than within the lines indicating the space in which a vehicle is to be parked;(d) park any vehicle in any space marked “reserved” unless he is expressly authorized to do so by the company; or(e) remove the vehicle from the car park unless the fee has been paid or a pass relating to the vehicle has been produced to an official of the company.(3) Paragraph (2)(e) shall not apply to the drivers of vehicles using the taxi quay at the 33 feet principal datum level of the Ocean Terminal. (Amended E.R. 6 of 2022)(4) No driver shall park in the car park a vehicle which is, or is likely to be, in such condition as to be a danger to any person or other vehicle in the car park or which carries any goods or article likely to cause any such danger. 5. Duties of persons in the car park (1) Upon parking a vehicle in the car park the driver and all passengers in the vehicle shall leave the car park as soon as practicable by the exits provided.(2) No person shall remain in the car park after he has been lawfully ordered by an official of the company to leave.(3) If any person is in possession of a pass which is altered, defaced or otherwise mutilated, he shall immediately surrender it to an official of the company.(4) No person shall smoke in any part of the car park.(5) No person shall, without lawful authority, tamper with or interfere with a vehicle in the car park. 6. Loss of parking permit If a driver fails to produce a parking permit, the driver shall before removal of the vehicle from the car park pay a fee calculated from 7 a.m. on the day on which the vehicle entered the car park.(E.R. 6 of 2022) 7. Conduct and duties of attendants At 8 o’clock each morning an attendant on duty in the car park shall enter in a register, the registration mark of every motor vehicle in the car park at such time and, in the case of a motor vehicle exhibiting a valid pass, that fact, and shall date and sign such register and such register shall be retained at the car park for not less than 4 months from the date thereof and, in the calculation of any fees payable under these by-laws, such register completed and signed by an attendant shall be prima facie evidence that the motor vehicles whose registration marks are recorded in the register were in the car park at the date and time set forth on the register. 8. Removal and sale of vehicles upon contravention of by-laws (1) Where any vehicle appears to have been parked or allowed to wait in contravention of these by-laws, any official of the company may seize and remove the vehicle to any part of the car park or the company’s premises, or if it is not practicable so to remove it, to any other place of safety which the official of the company thinks fit.(2) Any vehicle removed under paragraph (1) may be detained by the company until—(a) there is paid to the company a removal charge of 50 dollars and a storage charge calculated at the same rate as would be payable if the vehicle had been properly parked in the car park during the period for which it was left in the car park or detained under this paragraph; or(b) the vehicle is released by order of a court.(3) Where a vehicle is detained under this by-law the company shall forthwith give notice in writing thereof to the owner, if he can be found, and if the vehicle is not claimed within 3 months after the date on which such notice is sent or, if notice cannot be given, after the date of detention, the company may sell the vehicle by public auction.(4) The company may apply the proceeds of a sale under paragraph (3) in payment of any parking fees, removal fee, storage charges and other sums due to or expenses incurred by the company in respect of the vehicle, and shall pay the balance of the proceeds to the owner of the vehicle. If such owner cannot be found after the expiry of 12 months from the date of such sale any such balance shall become the property of the company. 9. Fees (1) The fees payable for the use of the several parts of the car park shall be in accordance with notice prominently displayed by the company in respect of each part thereof.(2) The company may, upon application by any person, issue a monthly or quarterly pass to such person upon such terms as the company may see fit. 10. Weight limit of vehicles entering the car park Save with the permission of an official of the company, no person shall drive into the car park a vehicle of a weight unladen exceeding 1 1/2 tons or a vehicle with a seating capacity for more than 7 persons. 11. Prohibition of entry The company may by such signs prominently displayed at, in and outside the car park prohibit, as the company may from time to time think fit—(a) the entry of vehicles to the car park or any part thereof; or(b) the entry of persons into the car park or any part thereof. 12. Attendants Every person employed by the company as an attendant at the car park shall wear such uniform or badge as shall be sufficient to identify him to members of the public using the car park. 13. Offences Any person who contravenes any of the provisions of by-law 3, 4, 5 or 6 shall be guilty of an offence and shall be liable on conviction to a fine at level 1.(E.R. 6 of 2022)