Cap 104 - FERRY SERVICES ORDINANCE 1
Chapter: 104 FERRY SERVICES ORDINANCE Gazette Number Version Date
Long title 30/06/1997
To provide for the granting of franchises and licences to operate ferry services, the regulation of the operation and
maintenance of such services, and for matters incidental thereto and connected therewith.
[15 June 1982]
(Originally 30 of 1982)
Part: I PRELIMINARY 30/06/1997
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Ferry Services Ordinance.
Section: 2 Interpretation 62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) In this Ordinance, unless the context otherwise requires-
"Commissioner" (署長) means the Commissioner for Transport;
"ferry vessel" (渡輪) means any vessel used for a ferry service;
"ferry service" (渡輪服務) means a service provided by means of a vessel, other than a vessel exclusively propelled
by oars, for the conveyance by water of passengers, baggage, goods or vehicles, for reward at separate fares
between 2 or more points within the waters of Hong Kong, whether or not such points are varied from time to
time and whether or not the service is operated to a fixed timetable;
"franchise" (專營權) means a franchise granted under section 6;
"franchise period" (專營期) means the period fixed under section 7 for which a franchise is granted and includes any
period for which the franchise is extended under that section;
"franchised service" (專營服務) means a ferry service in respect of which there is in force a franchise;
"grantee" (專營公司) means a company to which a franchise is granted;
"licence" (牌照) means a licence granted under section 28;
"licensed service" (領牌服務) means a ferry service in respect of which there is in force a licence;
"licensee" (持牌人) means a person to whom a licence is granted;
"proper and efficient ferry service" (適當而有效率的渡輪服務)-
(a) in relation to a grantee, has the meaning assigned to it by section 12;
(b) in relation to a licensee, has the meaning assigned to it by section 31;
"Victoria port" (維多利亞港口) means the area of the waters of Hong Kong declared under section 56 of the
Shipping and Port Control Ordinance (Cap 313) as Victoria port.
(2) Where under this Ordinance the Chief Executive in Council or the Commissioner is empowered to grant a
franchise or licence to operate a ferry service between any 2 or more points, such points may be fixed by reference to
any pier, berth, frontage or location. (Amended 62 of 1999 s. 3)
Section: 3 Power of Chief Executive to give directions to public
officer
62 of 1999 01/07/1997
Remarks:
Cap 104 - FERRY SERVICES ORDINANCE 2
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) The Chief Executive may give to a public officer such directions as he thinks fit with respect to the exercise
or performance of his powers, functions and duties under this Ordinance, either generally or in a particular case.
(2) A public officer shall, in the exercise or performance of his powers, functions and duties under this
Ordinance, comply with any direction given by the Chief Executive under subsection (1).
(Amended 62 of 1999 s. 3)
Part: II CONTROL OF FERRY SERVICES 30/06/1997
Section: 4 Prohibition of operation of ferry service except under a
franchise or licence
30/06/1997
(1) Subject to section 5, no person shall operate or permit the operation of a vessel on a ferry service except
under a franchise or a licence.
(2) Subject to section 5, no person shall operate or manage or assist in the management of a ferry service unless
that service is operated under a franchise or licence.
(3) Any person who contravenes subsection (1) or (2) commits an offence and is liable to a fine of $100000.
Section: 5 Exempted ferry services L.N. 282 of 2006 02/01/2007
(1) This Part does not apply to a tour service, a cargo service, an employees' service or a permitted service.
(2) In this section-
"cargo service" (載貨服務) means a service for the carriage of cargo by lighters or cargo boats;
"employees' service" (運載僱員服務) means a service provided by an employer solely for the carriage of persons
employed by him;
"permitted service" (獲准許的服務) means a service-
(a) permitted by the Director of Marine in writing for the carriage of passengers between piers and moored
ships, or for the carriage of passengers for special purposes designated by the Director of Marine; or
(b) for the carriage of passengers across Victoria port between such hours as the Commissioner may by
notice in the Gazette approve and operated by a ferry vessel; (Amended 43 of 1999 s. 91)
"tour service" (遊覽服務) means a service-
(a) for the carriage of passengers for reward at separate fares;
(b) whereby the passengers travel together on a vessel from one or more places of embarkation on a
journey that ends at the place or places of embarkation or ends at a place from which transport on land
back to such place or places of embarkation is provided as part of the service;
(c) whereby the passengers do not disembark during the journey, or disembark solely for the purpose of
activities arranged or promoted as part of the service; and
(d) whereby all the passengers are carried for the greater part of the journey.
(3) For the purposes of this Ordinance, a payment made by a person entitling him to be carried as a passenger
on a ferry vessel shall be treated as a separate fare notwithstanding that it is made in consideration of other matters in
addition to the journey and irrespective of the person by or to whom it is made.
Part: III FERRY SERVICE FRANCHISES 30/06/1997
Section: 6 Grant of franchises L.N. 163 of 2013 03/03/2014
(1) Subject to this Ordinance, the Chief Executive in Council may grant to— (Amended 28 of 2012 ss. 912 &
920)
(a) any company within the meaning of the Companies Ordinance (Cap 622);
(b) a registered non-Hong Kong company as defined by section 2(1) of that Ordinance;
Cap 104 - FERRY SERVICES ORDINANCE 3
(c) a company registered under Part 17 of that Ordinance; or
(d) a company registered under Part IX of the Companies Ordinance (Cap 32) as in force from time to
time before the commencement date* of section 2 of Schedule 9 to the Companies Ordinance (Cap
622),
a franchise that confers the right to operate a ferry service between such points as are specified by the Chief
Executive in Council. (Amended 28 of 2012 ss. 912 & 920)
(2) A franchise may confer on the grantee the exclusive right to operate a franchised service.
(3) A franchise-
(a) may be granted following a public tender or in such other manner as the Chief Executive in Council
thinks fit;
(b) shall be subject to such conditions as the Chief Executive in Council specifies, which may include,
without limiting the generality of the foregoing, conditions in respect of the management and
commercial development of piers, pier rental and the maintenance of a proper and efficient ferry
service generally; and
(c) shall be subject to the provisions of this Ordinance as it may from time to time be amended.
(4) Without prejudice to any other provision of this Ordinance, a franchise may, with the written consent of the
grantee, be amended by the Chief Executive in Council. (Amended L.N. 387 of 1987)
(Amended 62 of 1999 s. 3)
_________________________________________________________________________________
Note:
* Commencement date : 3 March 2014.
Section: 7 Periods of franchise and extensions thereof 62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) A franchise may be granted for an initial period not exceeding 15 years, and in calculating a franchise
period no account shall be taken of any change made from time to time in the franchised services operated under the
franchise.
(2) The Chief Executive in Council may, at the request in writing of a grantee, if he is satisfied that the grantee
is capable of maintaining a proper and efficient ferry service and it is in the public interest to continue the franchised
service or services, extend the franchise for a period or periods not exceeding 15 years beginning on the date on which
the extension is granted. (Amended 62 of 1999 s. 3)
(3) A request under subsection (2) may be made-
(a) not more than once in each 5 year period during the franchise period, the first of such periods to be
treated as commencing on the date of the granting of the franchise and subsequent periods as
commencing on the fifth anniversary of the date of commencement of the prior period; and
(b) in any case not less than 2 years before the expiration of the franchise period.
Section: 8 Restriction on transfer of franchise 62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
A grantee shall not transfer its franchise, or any part thereof, without the approval of the Chief Executive in
Council.
(Amended 62 of 1999 s. 3)
Section: 9 Directors of grantee companies 28 of 1998; 62 of
1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 28 of 1998 s. 2; 62 of 1999 s. 3
Cap 104 - FERRY SERVICES ORDINANCE 4
It shall be a condition of the franchise that, unless the Chief Executive in Council otherwise permits, a majority
of the directors of a grantee shall be individuals ordinarily resident in Hong Kong and shall participate actively as
directors in the management of the grantee.
(Amended 28 of 1998 s. 2; 62 of 1999 s. 3)
Section: 10 Chief Executive may appoint additional directors L.N. 163 of 2013 03/03/2014
(1) The Chief Executive may, notwithstanding any provision of the Companies Ordinance (Cap 622), the
Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) or any other law or of any document,
appoint, for such period as he may direct, not more than 2 persons to be additional directors of a grantee; and,
notwithstanding any such provision as aforesaid, a person so appointed may not be removed from office as additional
director of a grantee except by the Chief Executive. (Amended 62 of 1999 s. 3; 28 of 2012 ss. 912 & 920)
(2) A person so appointed to be an additional director of a grantee shall primarily represent the interests of the
Government and for that purpose shall be entitled to participate at meetings of the grantee and the board of directors of
the grantee, to have access to all material concerning the affairs of the grantee which is available to any other director
and require such information with respect to the grantee's affairs as he may specify to be furnished to him; and,
without prejudice to the foregoing but subject to subsection (3), any such person shall be treated for all purposes as if
he had been appointed at a general meeting of the grantee as a director thereof.
(3) No fee or reward, financial or otherwise, shall be paid by a grantee to a person appointed to be an additional
director of the grantee under this section in respect of the performance of his functions as such additional director.
Section: 11 Grantee not to alter memorandum or articles without
Chief Executive's approval
62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
It shall be a condition of any franchise that the grantee shall not permit any alteration to its memorandum or
articles of association without the approval of the Chief Executive.
(Amended 62 of 1999 s. 3)
Part: IV OPERATION AND CONTROL OF FRANCHISED
SERVICES
30/06/1997
Section: 12 Grantee to maintain proper service 30/06/1997
(1) A grantee shall, at all times during the franchise period, maintain to the satisfaction of the Commissioner a
proper and efficient ferry service.
(2) Without prejudice to the generality of subsection (1), the grantee shall not be treated for any of the purposes
of this Ordinance as maintaining a proper and efficient ferry service unless it provides every service authorized by its
franchise or under this Ordinance and maintains and operates every such service in accordance with its franchise, this
Ordinance and any direction, specification or requirement under its franchise or this Ordinance or under any plan in
force under section 22 relating to the future operations of the grantee.
Section: 13 Alteration of services and provision of new services 62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) Subject to this section, the Chief Executive in Council may by notice in writing to the grantee authorize it,
before the expiration of such period as may be specified in the notice, to- (Amended L.N. 387 of 1987)
(a) alter a franchised service in the manner specified in the notice, whether by way of increasing or
reducing the number of points of call, or otherwise;
(b) operate a new ferry service under the franchise between such points of call as may be specified in the
Cap 104 - FERRY SERVICES ORDINANCE 5
notice.
(2) Where under subsection (1) the Chief Executive in Council authorizes a grantee to operate a new ferry
service, he may confer on the grantee the exclusive right to operate such service.
(3) The grantee shall operate a new ferry service or an altered franchised service authorized under this section
in accordance with the authorization.
(4) The period referred to in subsection (1) shall be-
(a) in the case of a notice given under paragraph (a) thereof, not less than 6 months; and
(b) in the case of a notice given under paragraph (b) thereof, not less than 12 months.
(5) The Chief Executive in Council shall not give an authorization under subsection (1) unless the grantee
agrees in writing to the proposal.
(6) A grantee may apply in writing through the Commissioner requesting the Chief Executive in Council to
alter a franchised service or to operate a new ferry service under this section.
(7) An application under subsection (6) shall be made, unless the Chief Executive in Council otherwise directs,
not less than 6 months before the proposed alteration or new ferry service is to come into force.
(8) The Commissioner may with the consent of the Chief Executive in Council by agreement with a grantee
permit the grantee to cease operating a ferry service.
(Amended 62 of 1999 s. 3)
Section: 14 Temporary alteration of services and provision of
temporary new services
30/06/1997
(1) The Commissioner may by notice in writing direct a grantee to alter a franchised service temporarily.
(2) The Commissioner may by notice in writing direct a grantee to operate a temporary new ferry service under
the franchise.
(3) A direction given under this section shall not begin until the expiration of a period specified by the
Commissioner which the Commissioner considers reasonable.
(4) A direction given under this section shall have effect for an initial period as specified in the notice not
exceeding 12 months from the date from which the direction has effect and may be extended by the Commissioner for
a further period or periods not exceeding 12 months in aggregate.
(5) In this section "to alter a franchised service" (更改專營服務) includes to vary the number of points of call
served by a franchised service.
Section: 15 Commissioner may specify frequency of services and
carrying capacity and types of vessels
30/06/1997
(1) As regards any franchised service, the Commissioner may direct the grantee by notice in writing as to the
frequency at which the franchised service shall be operated and the carrying capacity and type of ferry vessel to be
used from the fleet of vessels that the grantee has available for use.
(2) A direction under this section shall not begin until the expiration of a period of 3 months from the giving of
the notice unless the Commissioner and the grantee otherwise agree.
(3) As regards any franchised service for which a direction is given under this section, the grantee may increase
the frequency to a greater frequency than that at which the franchised service is directed to be operated under this
section.
(4) Where a grantee increases the frequency of a franchised service under subsection (3), the grantee shall, if
the alteration continues for a period in excess of 48 hours, notify the Commissioner of the increased frequency in
writing.
Section: 16 Conditions etc., with respect to directions L.N. 104 of 2004 01/07/2004
(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
Cap 104 - FERRY SERVICES ORDINANCE 6
(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.
Section: 17 Application by grantee in respect of temporary alterations
to services
30/06/1997
(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.
Section: 18 Suspension or alteration of franchised service in
circumstances beyond the control of a grantee
30/06/1997
(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.
Section: 19 Fares on franchised services 62 of 1999 01/07/1997
Remarks:
Cap 104 - FERRY SERVICES ORDINANCE 7
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) The Chief Executive in Council may by order determine- (Amended 62 of 1999 s. 3)
(a) the maximum fares that may be charged for the carriage of passengers, baggage, goods and vehicles on
any franchised service and may determine such fares in relation to classes of passengers, times of
operation of the franchised services, and standards of ferry vessel accommodation; and
(b) the maximum rate of increase that may be permitted by the Commissioner under subsection (3) within
the schedule of maximum fares determined under paragraph (a).
(2) Where the Commissioner directs a grantee under section 14 to alter a franchised service temporarily by
operating over a different journey distance, or to operate a temporary new ferry service under the franchise, the
Commissioner shall determine the maximum fares which may be charged for the carriage of passengers, baggage,
goods and vehicles on such service and such fares shall be calculated having regard to the appropriate maximum fares
determined under subsection (1)(a) and the classes of passengers and standards of ferry vessel accommodation.
(3) Where the Commissioner is satisfied that circumstances require a franchised service to be operated-
(a) where a direction is given under section 15, at a frequency greater than this specified in that direction.
(b) during a period or on a day other than that specified in a direction under section 15; or
(c) with a ferry vessel of a carrying capacity or type other than that specified in a direction under section
15,
he may by notice in writing permit the grantee to charge an increased fare for the carriage of passengers, baggage,
goods and vehicles on such service during the operation of such service, and such increased fare shall be calculated
having regard to the appropriate maximum fares determined under subsection (1)(a), and such additional amount as
the Commissioner may think fit not exceeding the maximum rate of increase determined under subsection (1)(b).
(4) A grantee may apply in writing to the Chief Executive in Council through the Commissioner for a revision
of the maximum fares applicable in relation to a ferry service. (Amended 62 of 1999 s. 3)
(5) If a grantee applies under subsection (4) for a revision of the maximum fares applicable in relation to a ferry
service and provides full details including all documents, papers, submissions and financial particulars upon which it
bases its application for revision, the Commissioner shall submit the application to the Chief Executive in Council for
determination as soon as is practicable after receiving such details and in any event not more than 6 months after
receiving such details. (Amended 62 of 1999 s. 3)
(6) A grantee shall not charge-
(a) a fare exceeding the maximum fare determined under subsection (1)(a) or (2) or permitted under
subsection (3); or
(b) except with the prior permission of the Commissioner, a fare other than that determined or permitted
under this section.
Section: 20 Commissioner may specify piers and berths L.N. 104 of 2004 01/07/2004
(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.
Section: 21 Records 30/06/1997
(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
Cap 104 - FERRY SERVICES ORDINANCE 8
connection 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 connection
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 connection with its franchise and make and take away copies of any
such records or accounts.
Section: 22 Forward planning L.N. 130 of 2007 01/07/2007
Remarks:
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.
(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 Housing 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 Housing shall be incorporated
in the plan. (Amended L.N. 106 of 2002; L.N. 130 of 2007)
(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.
Section: 23 Chief Executive in Council may impose financial penalty 62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) The Chief Executive in Council may by notice in writing impose on a grantee a financial penalty specified
in the notice for any failure by the grantee to comply with its franchise or this Ordinance or any direction or
requirement under its franchise or this Ordinance or any provision of any plan in force under section 22 where the
Chief Executive in Council is satisfied that the grantee has had reasonable opportunity of complying with its franchise,
this Ordinance, the direction or the requirement, as the case may be, and an opportunity of showing cause why the
penalty should not be imposed.
(2) A financial penalty imposed under this section shall not exceed-
(a) in respect of any one or more failures-
(i) $10000 in the case of a first imposition of such penalty;
(ii) $20000 in the case of a second imposition of such penalty;
(iii) $50000 in the case of a third or subsequent imposition of such penalty; and
(b) in respect of any failure which is of a continuing nature $10000 for each day on which the failure
continues.
(3) A financial penalty imposed under this section shall be recoverable by the Government as a civil debt.
(4) Where the Chief Executive in Council is considering the imposition of a penalty on a grantee under this
section and a penalty has previously been imposed on the grantee under this section, the Chief Executive in Council
shall not consider any failures of the grantee which were considered for the imposition of the penalty on the previous
occasion unless the grantee has failed to pay that previous penalty or to rectify any default that gave rise to such
failure.
(Amended 62 of 1999 s. 3)
Cap 104 - FERRY SERVICES ORDINANCE 9
Part: V EMERGENCY AND REVOCATION 30/06/1997
Section: 24 Emergency or breakdown in franchised service 62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) If the Chief Executive in Council considers-
(a) that an emergency exists or is likely to come into existence; or
(b) after consultation between the grantee and the Commissioner, that there is or is likely to be a
substantial breakdown for any reason in the operation of a franchised service,
he may suspend the franchise either altogether or in respect of any such franchised service operated thereunder as he
may specify, and such suspension shall have effect until the Chief Executive in Council terminates the suspension or
declares that the circumstances that gave rise to the suspension no longer exist. (Amended 62 of 1999 s. 3)
(2) Where under subsection (1) a franchise is suspended altogether or in respect of any franchised service, the
Government may take possession of any property of the grantee used or kept by it for the purposes of or in connection
with its franchise and the Government or its nominee may use such property in the operation of such ferry service as
the Commissioner thinks fit.
(3) A grantee shall be entitled to compensation for the use or loss of or damage to any of its property of which
possession has been taken under subsection (2) and, except where a franchise is revoked under section 25, for any loss
or damage sustained in consequence of any suspension of its franchise or of any franchised service under subsection
(1).
Section: 25 Revocation of authority to operate a franchised service or
of franchise
62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) If it appears to the Chief Executive in Council that without good cause a grantee has failed, or is likely to
fail, to maintain a proper and efficient ferry service, either generally or in respect of any franchised service the Chief
Executive in Council may direct the Commissioner to serve on the grantee a notice in writing requiring the grantee to
show cause in writing, within 28 days after the service of the notice-
(a) why its authority to operate any franchised service set out in the notice should not be revoked; or
(b) why its franchise should not be revoked altogether.
(2) Any notice served under subsection (1) shall specify the ground for revoking the franchise or any authority
thereunder and may relate to and include any franchised service whether the grantee has failed to maintain a proper
and efficient ferry service in relation to that service or not.
(3) If, after the service of a notice under subsection (1)(a)-
(a) the grantee does not show cause why its authority to operate the franchised services set out therein
should not be revoked; or
(b) the Chief Executive in Council, having considered any representations made by the grantee, is of the
opinion that the grantee has not shown cause why such authority should not be revoked,
the Chief Executive in Council may, with effect from such date as he may specify, revoke the right of the grantee to
operate all or any of the franchised services set out in the notice.
(4) If, after the service of a notice under subsection (1)(b)-
(a) the grantee does not show cause why the franchise should not be revoked altogether; or
(b) the Chief Executive in Council, having considered any representations made by the grantee, is of the
opinion that the grantee has not shown cause why the franchise should not be revoked altogether,
the Chief Executive in Council may, with effect from such date as he may specify, revoke the franchise.
(5) Notice of any revocation under this section shall be served on the grantee and, as soon as practicable
thereafter, published in the Gazette.
(6) A grantee shall not be entitled to compensation in respect of the revocation of a right or franchise under this
section.
Cap 104 - FERRY SERVICES ORDINANCE 10
(Amended 62 of 1999 s. 3)
Section: 26 Temporary taking by Government of property where
franchise has been revoked
62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) Where a franchise is revoked under section 25 the Government may take possession of any property used or
kept by a grantee for the purposes of or in connection with the operation of any ferry service under the franchise so
revoked and such property may be used by the Government, or its nominee, in the operation of such ferry service as
the Commissioner thinks fit.
(2) Any property of which possession is taken under subsection (1) may be retained by the Government for
such initial period, not exceeding 2 years, as the Chief Executive in Council may direct and such period may be
extended by resolution of the Legislative Council for further successive periods not exceeding 6 months each.
(Amended 62 of 1999 s. 3)
(3) At any time during or upon the expiration of the period, including any extension thereof, referred to in
subsection (2), any property of which possession is taken under subsection (1) may be returned to the grantee of the
revoked franchise or otherwise disposed of in such manner and upon such terms as the Chief Executive in Council
thinks fit and where any property is disposed of otherwise than by return the owner shall be entitled to compensation
to the extent that the property is not replaced or otherwise compensated for. (Amended 62 of 1999 s. 3)
(4) Where possession is taken under subsection (1) of any property, the owner shall be entitled to compensation
for the use or loss of or damage to such property.
(5) In calculating the amount of compensation payable under subsection (4), the amount of any compensation
payable under section 24(3) shall be deducted from such amount.
(6) In this section "property used or kept by a grantee for the purposes of or in connection with the operation of
any ferry service" (為經營任何渡輪服務的目的或與經營任何渡輪服務相關而由專營公司使用或備存的
財產) includes property so used or kept which is also used or kept for any other purposes.
Section: 27 Arbitration L.N. 38 of 2011 01/06/2011
(1) If the Government and an owner are unable to agree as to the amount of compensation payable under this
Part, either party may refer the matter to arbitration under the Arbitration Ordinance (Cap 609). (Amended 17 of 2010
s. 112)
(2) In determining the amount of compensation payable an arbitrator shall have regard to any matter he
considers relevant, subject to this Ordinance and to the value of any asset taken over in the operation of a ferry service.
Part: VI FERRY SERVICE LICENCES 30/06/1997
Section: 28 Grant of licence L.N. 130 of 2007 01/07/2007
Remarks:
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.
(1) Subject to this Ordinance, the Commissioner may if he thinks fit grant to any person a licence to operate a
ferry service between such points as are specified in the licence.
(2) A licence-
(a) may be granted in such form as the Commissioner thinks fit;
(b) shall be subject to such conditions as the Commissioner may specify; and
(c) may, after consultation with the licensee, be amended by the Commissioner.
(3) The Commissioner may, after consultation with a licensee and having regard to the financial circumstances
of the licensee, specify by notice in writing served by post on the licensee the minimum frequency of a licensed
Cap 104 - FERRY SERVICES ORDINANCE 11
service.
(4) The Commissioner shall, before granting a licence under subsection (1), consult with the Director of Marine
and the Director of Civil Engineering and Development with respect to the proposed grant and the proposed
conditions of such licence. (Amended L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004)
(5) The Commissioner may require an applicant for a licence to supply such information in such manner as the
Commissioner may reasonably require in order to decide whether or not to grant a licence to the applicant.
(6) Where 2 or more persons apply, or it appears to the Commissioner that 2 or more persons are likely to
apply, separately for a licence to operate substantially the same ferry service between the same points, the
Commissioner shall, without prejudice to this section, make arrangements for such applications to be made by way of
public tender in such manner and within such period as he may determine; but the Commissioner shall not be bound to
grant any application so made, and any application relating to such ferry service which is made otherwise than in
accordance with such arrangements while they are in force shall not be considered.
(7) Any person whose application for a licence is not granted by the Commissioner may appeal in writing-
(a) against the decision of the Commissioner, within 28 days of the date of such decision, to the Secretary
for Transport and Housing who may confirm or set aside such decision after considering any written
representations submitted to him by the appellant and the Commissioner in respect of that decision;
and
(b) if he is aggrieved by the decision of the Secretary for Transport and Housing, to the Chief Executive in
Council within 28 days of the date of that decision, and the decision of the Chief Executive in Council
on any such appeal shall be final. (Amended 62 of 1999 s. 3; L.N. 106 of 2002; L.N. 130 of 2007)
Section: 29 Period of grant 30/06/1997
(1) A licence may be granted for any period not exceeding 3 years.
(2) The Commissioner may, at the request of the licensee, during any period while the licence is in force,
extend the period of the licence for a further period or periods not exceeding 3 years at any one time, so that the period
for which the licence was granted together with all extensions thereof shall not in any case exceed in the aggregate a
period of 10 years.
Section: 30 Restriction on transfer of licence 30/06/1997
A licensee shall not transfer his licence without the approval of the Commissioner.
Section: 31 Licensee to maintain proper service 30/06/1997
(1) A licensee shall, at all times during the licence period, maintain to the satisfaction of the Commissioner a
proper and efficient ferry service.
(2) Without prejudice to the generally of subsection (1), the licensee shall not be treated for any of the purposes
of this Ordinance as maintaining a proper and efficient ferry service unless he maintains the service and operates the
same in accordance with the licence, this Ordinance and any direction, specification or requirement under the licence
or this Ordinance.
Section: 32 Suspension or alteration of licensed service 30/06/1997
(1) Whenever a licensee suspends or alters a licensed service so that it is suspended or altered for-
(a) more than 48 hours in the case of a daily or more frequent service; or
(b) two or more successive occasions occurring during a period of not less than 5 days in any other case,
the licensee shall give notice in writing to the Commissioner as soon as practicable after the licensee becomes aware
that the suspension or alteration is likely so to continue or occur for such a period.
(2) The Commissioner may require a licensee 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 licensee in relation thereto.
(3) Whenever a licensee suspends or alters a licensed service and is not required to give notice to the
Commissioner under subsection (1), the Commissioner may require a licensee to supply, within a reasonable time,
Cap 104 - FERRY SERVICES ORDINANCE 12
such information as the Commissioner thinks fit relating to the suspension or alteration.
(4) As regards any suspension of or alteration to any licensed service, the Commissioner may-
(a) authorize the suspension or alteration of such service on such terms and conditions as he sees fit; or
(b) direct the licensee to resume any service so altered or suspended.
(5) Where a licensee suspends or alters a licensed service by reason of circumstances beyond his control, such
suspension or alteration shall not be taken as a breach of his licence if he complies with all the requirements of this
section and all the requirements and directions of the Commissioner in relation to the suspension or alteration.
Section: 33 Fares on licensed services 30/06/1997
(1) The Commissioner may by notice in the Gazette determine the maximum fares that may be charged for the
carriage of passengers, baggage, goods and vehicles on any licensed service.
(2) A licensee shall not charge a fare exceeding the maximum fare determined under subsection (1).
(3) Nothing in this section shall prevent a licensee from charging a fare lower than the maximum fare
determined under subsection (1).
Section: 34 Revocation of licence 30/06/1997
(1) If it appears to the Commissioner that without good cause a licensee has failed, or is likely to fail, to
maintain a proper and efficient ferry service the Commissioner may serve on the licensee a notice requiring the
licensee to show cause in writing, within 14 days after the service of the notice, why his licence should not be
revoked, and any such notice shall specify the ground for revoking such licence.
(2) If, after the service of a notice under subsection (1)-
(a) the licensee does not show cause why the licence should not be revoked; or
(b) the Commissioner, having considered any representations made by the licensee, is of the opinion that
the licensee has not shown cause why the licence should not be revoked,
the Commissioner may by notice in writing served on the licensee revoke the licence, with effect from such date as he
may specify in such notice.
Section: 35 (Omitted as spent) 30/06/1997
Section: 36 Commissioner to report 62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
The Commissioner shall, not later than 31 March in each year, report to the Chief Executive in Council on all
actions taken by him under this Part during the preceding year.
(Amended 62 of 1999 s. 3)
Part: VII MISCELLANEOUS 30/06/1997
Section: 37 Profit Control Scheme 62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) The Financial Secretary and the grantee may, with the approval of the Chief Executive in Council, enter
into an agreement to control the level and distribution of profits arising from the operations of the grantee under the
franchise, any agreement entered into in pursuance of this Ordinance and any other operations of the grantee specified
in the agreement. (Amended 62 of 1999 s. 3)
(2) An agreement entered into under subsection (1) may specify circumstances under which the right to control
Cap 104 - FERRY SERVICES ORDINANCE 13
the level and distribution of profits may be exercised.
(3) The operations of the grantee which may be specified in an agreement entered into under this section may
include any operation of the grantee and shall not be limited to operations conducted under or in pursuance of this
Ordinance or the franchise.
(4) The terms of any agreement entered into under this section shall be reviewed every 3 years by the Financial
Secretary and the grantee.
(5) Any amendment agreed to by the Financial Secretary and the grantee shall be subject to the approval of the
Chief Executive in Council. (Amended 62 of 1999 s. 3)
(6) The Financial Secretary may at any reasonable time, inspect any record or account kept by the grantee in
connection with its franchise or any operations specified in an agreement entered into under this section and the
Financial Secretary may make and take away copies of any such record or account.
(7) The grantee shall supply upon the written request of the Financial Secretary any relevant financial
information regarding the operations under the franchise.
Section: 38 Inspection by Director of Civil Engineering and
Development of premises
L.N. 104 of 2004 01/07/2004
(1) The Director of Civil Engineering and Development or any person authorized by him, may-
(a) at all reasonable times inspect- (Amended L.N. 104 of 2004)
(i) any premises used by a grantee or licensee in connection with a franchise or licence and all
facilities provided by a grantee or licensee for the safe operation, maintenance and repair of all
buildings, structures, piers and electrical and mechanical plant and equipment so used;
(ii) any pier wholly or partly maintained by a grantee or licensee in connection with a franchise or
licence;
(b) require a grantee or licensee to carry out in respect of all such piers or such of those piers as he may
specify, any inspection or survey, repair, provision of equipment, maintenance or other works, within
such reasonable time as he may specify;
(c) require an independent inspection or survey of any such plant, equipment or pier at such periodical
intervals as he may reasonably specify, by a qualified person approved by him.
(2) A grantee or licensee shall afford such facilities for carrying out of any inspections referred to in subsection
(1) as may be required by the Director of Civil Engineering and Development.
(3) The cost of any inspection, independent inspection or survey, repair, equipment, maintenance or other
works required under subsection (1)(b) or (c) shall be borne by the grantee or licensee.
(4) This section shall be construed so that the powers granted by it to the Director of Civil Engineering and
Development are in addition to and do not derogate from any other power howsoever granted to or vested in the
Director of Civil Engineering and Development.
(Amended L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004)
Section: 39 Inspection by Director of Marine of ferry vessels 30/06/1997
(1) The Director of Marine or any person authorized by him, may-
(a) at all reasonable times inspect any ferry vessel and any premises or pier used by a grantee in
connection with its franchise; and
(b) require a grantee to carry out in respect of all such ferry vessels or such of those vessels as he may
specify, any repair, provision of equipment, maintenance or other works, within such reasonable time
as he may specify.
(2) A grantee shall afford such facilities for the carrying out of any inspections referred to in subsection (1)(a)
as may be required by the Director of Marine.
(3) This section shall be construed so that the powers granted by it to the Director of Marine are in addition to
and do not derogate from any other power howsoever granted to or vested in the Director of Marine.
Section: 40 Commissioner may have access 30/06/1997
The Commissioner or any person authorized in writing by him may at all reasonable times have access to and
may enter upon any pier or ferry vessel used in connection with any ferry service.
Cap 104 - FERRY SERVICES ORDINANCE 14
Section: 41 Appeal by grantee or licensee L.N. 130 of 2007 01/07/2007
Remarks:
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.
(1) A grantee or licensee aggrieved by any decision, direction or requirement of the Secretary for Transport and
Housing, the Commissioner, the Director of Civil Engineering and Development or the Director of Marine or any
person authorized by any one of them, under this Ordinance or the franchise or licence may, within 28 days of the
giving or making of the decision, direction or requirement, appeal by petition to the Chief Executive in Council, and
the decision of the Chief Executive in Council on any such appeal shall be final. (Amended L.N. 127 of 1986; L.N.
364 of 1991; L.N. 106 of 2002; L.N. 104 of 2004; L.N. 130 of 2007)
(2) Where a grantee or licensee appeals under subsection (1), the decision, direction or requirement, as the case
may be, shall not have effect until the appeal has been determined, unless the Chief Executive in Council otherwise
directs.
(Amended 62 of 1999 s. 3)
Section: 42 Obstruction of public officers 30/06/1997
Any person who obstructs a public officer in the carrying out of his duties or the exercise of his powers under
this Ordinance commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months.
Section: 43 Publication of franchised and licensed services 30/06/1997
The Commissioner shall from time to time, as he thinks necessary, cause to be published in the Gazette a list of
all franchised services and licensed services.
Section: 44 Regulations 62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) The Chief Executive in Council may make regulations for all or any of the following matters- (Amended
62 of 1999 s. 3)
(a) the provision of adequate signs and destination indicators at piers used by ferry vessels;
(b) regulating the conduct of persons while employed by a grantee or a licensee;
(c) regulating the carriage of passengers, baggage, goods and vehicles on ferry vessels;
(d) the method of payment of fares by passengers and for vehicles carried on such vessels;
(e) regulating the use of piers used by ferry vessels;
(f) the safe and efficient operation of ferry services;
(g) the control and marshalling of passengers and of vehicular traffic on or about any ferry vessel, pier or
adjacent roadway;
(h) the fees, rent, pier rent or premium to be paid in respect of any licence;
(i) the publication by grantees and licensees of adequate information in relation to schedules of services
and fares;
(j) regulating the use of defined areas of ferry vessels, piers and adjacent or ancillary buildings by
restricting or permitting such activities therein as may be prescribed;
(k) permitting prescribed persons to seek prescribed information relating to the identity of persons
reasonably suspected of contravening the Ordinance;
(l) generally for the purposes of this Ordinance.
(2) Any such regulations may provide that a contravention of specified provisions thereof shall be an offence
and may provide penalties therefor not exceeding 6 months imprisonment and a fine of $5000.
Cap 104 - FERRY SERVICES ORDINANCE 15
Section: 45 By-laws 30/06/1997
(1) Subject to this Ordinance and to the terms of its franchise, a grantee may make by-laws for all or any of the
following matters-
(a) the protection of property owned or controlled by the grantee;
(b) the prevention of frauds by passengers or members of the public on the grantee;
(c) the safe and efficient operation of the grantee's ferry service;
(d) the procedure to be followed in respect of accidents involving ferry vessels;
(e) generally as to the conduct of persons while using piers and the grantee's ferry vessels and in particular
(but without prejudice to the generality of the foregoing) for-
(i) authorizing the removal from such a ferry vessel or pier of any person contravening the by-laws
by an employee of the grantee or at the request of an employee by a police officer;
(ii) requiring any person on a ferry vessel or pier reasonably suspected of contravening the by-laws
to give his name and address on demand;
(iii) requiring a passenger to declare, if so requested, the journey he intends to take or has taken on
the ferry vessel and to pay the fare for the whole of that journey and to accept any ticket provided
therefor;
(iv) requiring, on demand being made for the purpose by a person authorized by the grantee,
production during the journey and surrender at the end of the journey by a passenger of any
ticket issued to him;
(v) requiring a passenger, if so requested, to leave the ferry vessel on the completion of the journey
for which he has paid;
(vi) requiring the surrender by a passenger on the expiration of the period for which it is issued of a
ticket issued to him.
(2) By-laws made under subsection (1) shall be subject to the approval of the Legislative Council.
(3) Any such by-laws may provide that a contravention of specified provisions thereof shall be an offence and
may provide penalties therefor not exceeding a fine of $2000.
(4) A grantee shall cause printed copies of all by-laws made under this section to be kept at its registered office
and to be sold at a reasonable charge to any person applying therefor.
Section: 46 Repeals and savings 30/06/1997
(1) (Spent)
(2) For the avoidance of doubt, it is hereby declared that notwithstanding the repeal of the Hong Kong and
Yaumati Ferry Company (Services) Ordinance (Cap 266, 1979 Ed.) and the "Star" Ferry Company (Services)
Ordinance (Cap 274, 1977 Ed.), the Hong Kong and Yaumati Ferry Company By-laws and the "Star" Ferry Company,
Limited, By-laws shall, save in so far as they are inconsistent with any of the provisions of this Ordinance, continue in
operation until they are replaced by by-laws made under section 45 which are expressed to be in substitution for such
by-laws. (Amended L.N. 345 of 1982)
