The Government is proposing amendments to the Port Control (Cargo Working Areas) Regulation and the Schedule to the Administrative Appeals Board Ordinance to establish a statutory right of appeal against the Director of Marine's decisions relating to the issue and cancellation of permits under the Port Control (Cargo Working Areas) Regulation and to improve other miscellaneous provisions.

A spokesman for Marine Department today (Wednesday) said that the proposed amendments would allow such appeals to be referred to the Administrative Appeals Board.

Public Cargo Working Areas (PCWAs) are waterfront areas managed by Marine Department for cargo operators to load or unload cargoes from barges. At present, there are eight PCWAs in different locations throughout the territory.

Activities in PCWAs are regulated and controlled through a permit system.

"At present, there is no channel of statutory appeal against the Director's decision not to issue a permit or to cancel a permit if he thinks that a permit condition is contravened," the spokesman said.

Meanwhile, some tidying up amendments will be introduced to remove some outdated provisions that do not commensurate with the current operation of PCWAs. But suitable provisions for the issue of some of the permits prescribed in the Schedule which were omitted in the Regulations would be added.

The restriction on the way cargo may be loaded or unloaded will be repealed, while a provision for the Director of Marine to prohibit the loading and unloading of cargo and cargo containers within a PCWA or public waterfront (PW) outside operating hours will be added.

Another provision will also be added to enable the Director of Marine to permit the carrying out of activity in PCWAs and PWs that is otherwise prohibited.

The scope of activities covered by the operation area permit will be extended, and a provision will be added for the issue of vanning and devanning permit as well as the penalty for failing to obtain such permit.

Wednesday, 17 November 1999