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remove some outdated provisions that do not commensurate with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be repealed, while a provision for the Director of Marine to prohibit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
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