CROSS-HARBOUR TUNNEL (PASSAGE TAX) (METHOD OF PAYMENT) NOTICE

CROSS-HARBOUR TUNNEL (PASSAGE TAX)
(METHOD OF PAYMENT) NOTICE

(Cap. 274, section 12(3) )

[7 December 1984.]

1. This notice may be cited as the Cross-Harbour Tunnel (Passage
Tax) (Method of Payment) Notice.

2. As from 1 January 1985 tax may no longer be paid in accordance
with section 12(2).
L.N. 401/84. Citation. Tax not to be paid using existing toll tickets.

L.N. 401/84. Citation. Tax not to be paid using existing toll tickets.

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CROSS-HARBOUR TUNNEL (PASSAGE TAX) ORDINANCE

LAWS OF HONG KONG

CROSS-HARBOUR TUNNEL

(PASSAGE TAX) ORDINANCE

CHAPTER 274





CHAPTER 274

CROSS-HARBOUR TUNNEL (PASSAGE TAX)

Toimpose a tax on the passage of motor vehicles through the Cross-
Harbour Tunnel, to amend the Cross-Harbour Tunnel Ordinance
and for purposes connected therewith.

[1 June 1984.1

1. This Ordinance may be cited as the Cross-Harbour Tunnel
(Passage Tax) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'Commissioner' means the Commissioner for Transport;

'Company' means The Cross-Harbour Tunnel Company Limited and
any other person to whom the rights and obligations of the
Company under the Cross-Harbour Tunnel Ordinance are, with the
consent of the Governor in Council, assigned under section 5 of
that Ordinance;

'motor vehicle' means any mechanically propelled vehicle in respect of
which a tax is specified in the First Schedule;

'tax' means the tax charged under section 3;

'toll' means the toll chargeable by the Company under the
CrossHarbour Tunnel Ordinance in respect of the passage of motor
vehicles through the tunnel;

'tunnel' means the tunnel in respect of which a franchise was granted
to the Company under the Cross-Harbour Tunnel Ordinance.

(2) In this Ordinance, unless the context otherwise requires,
'driver', 'toll booth' and 'tunnel area' have the same meaning as in the
Cross-Harbour Tunnel Ordinance.

(3) Any reference in the Schedules to a description of motor vehicle
shall be interpreted in accordance with the definitions and classes of
motor vehicles mentioned in section 2 of the Road Traffic Ordinance.

3. (1) Subject to section 4, a tax as specified in the First Schedule
shall be charged in respect of the passage of a motor vehicle through
the tunnel.

(2) The Legislative Council may by resolution amend the First
Schedule.

(3) The tax shall be charged in addition to any toll.

(4) The driver of the motor vehicle in respect of the passage of
which the tax is charged shall be liable to pay the tax.





(5) Where the driver of a motor vehicle tenders an amount to the
Company insufficient to cover both the tax and the toll payable in
respect of that motor vehicle, such amount shall be applied first to pay
the tax and any amount remaining shall be credited towards payment of
the toll.

4. (1) No tax shall be charged in respect of any vehicle specified in
the Second Schedule.

(2) The Legislative Council may by resolution amend the Second
Schedule.

(3) Persons accorded exemption from tax by operation of the
International Organizations and Diplomatic Privileges Ordinance, the
Consular Relations Ordinance, the Chinese Visa Office (Privileges and
Immunities) Ordinance, Privileges and Immunities (Joint Liaison Group
and Land Commission) Ordinance or by any international agreement or
convention extending to Hong Kong shall be exempted from tax in
accordance with such arrangements as may be agreed between the
Company and the Commissioner or, in the event of a failure to agree, as
the Commissioner may, by direction in writing to the Company, require.
(Amended, 61 of 1984, s. 5; 18 of 1985, s. 5 (4) and 44 of 1985, s. 7)

(4) A person who-

(a)holds a valid driving licence issued to him as a disabled
person in accordance with the Road Traffic (Driving Licences)
Regulations; and

(b)satisfies the Commissioner that he requires, as the driver of a
private car, to make use of the tunnel,

shall when driving that car be exempted from tax in accordance with
such arrangements as may be agreed between the Company and the
Commissioner or, in the event of a failure to agree, as the Commissioner
may, by direction in writing to the Company, require.

(5) It shall be the duty of the Company to comply with any
direction under subsections (3) and (4).

5. (1) The tax shall be paid to the Company, which shall collect the
tax and pay it to the Commissioner under subsection (5).

(2) Subject to section 9, the tax shall be paid at a toll booth by the
driver of a vehicle, in respect of which the tax is charged, at the time
when the tunnel is used by him, either

(a) in cash; or

(b)by tendering a toll ticket, appropriate to the vehicle, endorsed
in the manner required by subsection (4)(a).

(3) A toll ticket may be purchased from the Company for which is
paid, in addition to the toll, a sum equivalent to the tax appropriate to
the passage through the tunnel of the description of vehicle in respect
of which the toll ticket is purchased; and the Company shall not sell any
toll ticket for any description of vehicle where tax is chargeable in
respect of the passage of that description





of vehicle through the tunnel, unless such sum equivalent to the tax is
paid.

(4) Where tax is pre-paid in accordance with subsection (3)--

(a)the toll ticket shall be endorsed by the Company to the effect
that the tax has been pre-paid; and

(b)the tax shall be deemed for the purposes of subsection (5) to
be paid at the time when the ticket is tendered at the toll booth
in payment of the tax.

(5) The Company shall pay to the Commissioner the tax paid to it
during each month on or before the fifteenth day of the month next
following.

(6) The acceptance by the Commissioner of any sum tendered by
the Company in respect of any preceding month in accordance with
subsection (5) shall not prevent the Commissioner from claiming any
further sum in respect of the same month on any adjustment that
appears to be necessary following any subsequent examination of the
records submitted by the Company under section 6:

Provided that in the event of the Company

(a)without reasonable excuse, failing to collect any tax payable to
it under this section;

(b)failing to submit any records in the manner specified in
section 6; or

(c)submitting records which appear to the Commissioner to be
incomplete or inaccurate,

the Commissioner may assess the sum which, in his opinion, the
Company should have paid under subsection (5) and has not paid and
he may, thereupon, claim the sum so assessed.

(7) The tax payable to the Commissioner under subsection (5) and
any sum claimed under subsection (6) shall be recoverable from the
Company as a debt due to the Crown.

(8) The payment by the Company of any sum in accordance with
subsection (5) shall not prevent the Company from claiming a refund of
any overpayment made by the Company and proved to the satisfaction
of the Commissioner.

6. (1) The Company shall maintain a record-

(a) in respect of each day-

(i) of the number of motor vehicle passages in respect of
which tax has been paid or is payable stated by reference to
the item of the First Schedule applicable thereto;

(5) of the amount of tax paid in cash in respect of those
passages; and

(iii) of the number of toll tickets, endorsed to the effect that
the tax has been pre-paid, tendered under section 5(2)(b),
stated by reference to the item of the First Schedule applicable
thereto;





(b)of such matters as may be required by any arrangements or
direction under sections 4(3) and (4),

and copies of such records, together with a monthly summary thereof in
a form acceptable to the Commissioner, shall be submitted to the
Commissioner with the payment of tax under section 5(5).

(2) The Commissioner, or any person authorized by him, may, at
any reasonable time, inspect and take copies of the records maintained
under subsection (1).

7. (1) Subject to section 9, no person shall drive a motor vehicle
(other than a vehicle in respect of which no tax is chargeable by virtue
of section 4(1)) past a toll booth unless he stops and pays the toll
collector on duty at the booth the appropriate tax for the vehicle in the
manner required by section 5(2).

(2) Any person who contravenes subsection (1) commits an
offence and shall be liable to a fine of $1,000.

(3) A complaint or information in respect of an offence under this
section may be joined in the same summons as a complaint or
information in respect of an offence under by-law 25 of the
CrossHarbour Tunnel By-laws for contravening by-law 18 of those by-
laws.

8. (1) The Financial Secretary may authorize the payment to the
Company of a fee for collection of the tax.

(2) The fee referred to in subsection (1) shall be paid to the
Company in such manner as the Financial Secretary may determine.

9. Sections 5(2) and 7(1) shall not apply to the driver of a fire
service vehicle, ambulance, police vehicle or a vehicle used for defence
purposes, including civil defence purposes, while that vehicle is being
used in the course of urgent duty; but the tax payable in respect of such
a vehicle may be paid in such manner as may be agreed between the
Company and the Commissioner.

10-11. [Amendments incorporated]

12. (1) The Company may sell toll tickets from stocks existing at the
commencement of this Ordinance until such stocks are exhausted
notwithstanding that such tickets are not endorsed in accordance with
the provisions of section 5(4) and, where toll tickets are sold under the
authority of this subsection, the provisions of section 5(3) shall not
apply:

Provided that nothing in this subsection shall relieve any person
of his obligation to pay tax.

(2) Notwithstanding section 5(2) an existing toll ticket may be
tendered in payment of tax; and the tender of such a ticket in payment of
tax shall be deemed to be the tender of an amount of cash equal to the
amount of the toll for which the ticket is valid.





(3) The Commissioner may, by notice in the Gazette, declare that,
as from such day as he may so specify, tax may no longer be paid in
accordance with subsection (2), and such notice shall have effect in
accordance with the terms thereof.

(4) In this section 'existing toll ticket' means a valid toll ticket sold
by the Company

(a) before the commencement of this Ordinance; or

(b)in accordance with the authority conferred by subsection (1).

FIRST SCHEDULE [ss. 2, 3 &
6.]

RATES OF TAX

Item Vehicle Tax
$

1...................................Motorcycles, motor tricycles 2
2...................................Public and private light buses 2
3...................................All other motor vehicles 5

SECOND SCHEDULE [s. 4.]

EXEMPTIONS

1 Public and private omnibuses.
2. A motor vehicle belonging to the Company which is being used within the
tunnel area on the business of the Company.
3. A motor vehicle carrying a public officer in the service of the Crown who
is engaged on duty relating to the tunnel area.
Originally 28 of 1984. 61 of 1984. 18 of 1985. 44 of 1985. L.N. 145/84. Short title. Interpretation. (Cap. 203.) First Schedule. (Cap. 374.) Imposition of tax. First Schedule. Exemptions. Second Schedule. (Cap. 190.) (Cap. 259.) (Cap. 224.) (Cap. 36.) (Cap. 374, sub. leg.) Payment and collection of tax. Records to be maintained by Company. First Schedule. Offence and penalty. (Cap. 203, sub. leg.) Collection fee. Vehicles used in cause of urgent duty. Transitional.

Originally 28 of 1984. 61 of 1984. 18 of 1985. 44 of 1985. L.N. 145/84. Short title. Interpretation. (Cap. 203.) First Schedule. (Cap. 374.) Imposition of tax. First Schedule. Exemptions. Second Schedule. (Cap. 190.) (Cap. 259.) (Cap. 224.) (Cap. 36.) (Cap. 374, sub. leg.) Payment and collection of tax. Records to be maintained by Company. First Schedule. Offence and penalty. (Cap. 203, sub. leg.) Collection fee. Vehicles used in cause of urgent duty. Transitional.

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THIRD PARTIES (RIGHTS AGAINST INSURERS) ORDINANCE

LAWS OF HONG KONG

THIRD PARTIES (RIGHTS AGAINST INSURERS)

ORDINANCE

CHAPTER 273





CHAPTER 273.

THIRD PARTIES (RIGHTS AGAINST INSURERS).

To confer on third parties rights against insurers of third party risks in
the event of the insured becoming insolvent, and in certain other
events.

[9th November, 1951.1

1. This Ordinance may be cited as the Third Parties (Rights
against Insurers) Ordinance.

2. (1) Where under any contract of insurance a person (hereinafter
referred to as the insured) is insured against liabilities to third parties
which he may incur, then

(a)in the event of the insured becoming bankrupt or making a
composition or arrangement with his creditors; or

(b)in the case of the insured being a company, in the event of a
winding-up order being made, or a resolution for a voluntary
winding-up being passed, with respect to the company. or of a
receiver or manager of the company's business or undertaking
being duly appointed, or of possession being taken, by or on
behalf of the holders of any debentures secured by a floating
charge, of any property comprised in or subject to the charge;
or

(c)in the case of the insured being a co-operative society in the
event of an order for cancellation of registration of such co-
operative society being made under the Cooperative Societies
Ordinance,

if, either before or after that event, any such liability as aforesaid is
incurred by the insured, his rights against the insurer under the contract
in respect of the liability shall, notwithstanding anything in any
enactment or rule of law to the contrary, be transferred to and vest in the
third party to whom the liability was so incurred.

(2) Where an order is made under section 112 of the Bankruptcy
Ordinance for the administration of the estate of a deceased debtor
according to the law of bankruptcy, then, if any debt provable in
bankruptcy is owing by the deceased in respect of a liability against
which he was insured under a contract of insurance as being a liability
to a third party, the deceased debtor's rights against the insurer under
the contract in respect of that liability shall, notwithstanding anything in
the said Ordinance, be transferred to and vest in the person to whom the
debt is owing.

(3) In so far as any contract of insurance made after the
commencement of this Ordinance in respect of any liability of the
insured to third parties purports, whether directly or indirectly, to avoid
the contract or to alter the rights of the parties thereunder upon the
happening to the insured of any of the events specified





in paragraph (a), (b) or (c) of subsection (1) or upon the making of an
order under section 112 of the Bankruptcy Ordinance in respect of his
estate, the contract shall be of no effect.

(4) Upon a transfer under subsection (1) or (2), the insurer shall,
subject to the provisions of section 4, be under the same liability to the
third party as he would have been under to the insured, but

(a)if the liability of the insurer to the insured exceeds the liability
of the insured to the third party, nothing in this Ordinance
shall affect the rights of the insured against the insurer in
respect of the excess; and

(b)if the liability of the insurer to the insured is less than the
liability of the insured to the third party, nothing in this
Ordinance shall affect the rights of the third party against the
insured in respect of the balance.

(5) For the purposes of this Ordinance, the expression lia- to third
parties', in relation to a person insured under any contract of insurance,
shall not include any liability of that person in the capacity of insurer
under some other contract of insurance.

(6) This Ordinance shall not apply where a company is wound up
voluntarily merely for the purposes of reconstruction or amalgamation
with another company.

3. (1) In the event of any person becoming bankrupt or making a
composition or arrangement with his creditors, or in the event of an
order being made under section 112 of the Bankruptcy Ordinance in
respect of the estate of any person, or in the event of

ù winding-up order being made with respect to any company or of

ù receiver or manager of the company's business or undertaking being
duly appointed or of possession being taken by or on behalf of the
holders of any debentures secured by a floating charge of any property
comprised in or subject to the charge or of a resolution for a voluntary
winding-up being passed with respect to any company, or in the event
of an order for cancellation of registration of a co-operative society
being made, it shall be the duty of the bankrupt, debtor, personal
representative of the deceased debtor, or the company or co-operative
society, and, as the case may be, of the trustee in bankruptcy, trustee,
liquidator, receiver or manager, or person in possession of the property,
to give, at the request of any person claiming that the bankrupt, debtor,
deceased debtor, company, or co-operative society, is under a liability to
him, such information as may reasonably be required by him for the
purpose of ascertaining whether any rights have been transferred to and
vested in him by this Ordinance and for the purpose of enforcing such
rights, if any, and any contract of insurance, in so far as it purports,
whether directly or indirectly to avoid the contract or to alter the rights
of the parties thereunder upon the giving of any such information in the
events aforesaid or otherwise to prohibit or prevent the giving thereof in
the said events, shall be of no effect.





(2) If the information given to any person in pursuance of
subsection (1) discloses reasonable ground for supposing that there
have or may have been transferred to him under this Ordinance
rights against any particular insurer, that insurer shall be subject
to the same duty as is imposed by the said subsection on the
persons therein mentioned.

(3) The duty to give information imposed by this section
shall include a duty to allow all contracts of insurance, receipts
for premiums, and other relevant documents in the possession or
power of the person on whom the duty is so imposed to be ins-
pected and copies thereof to be taken.

4. Where the insured has become bankrupt or where, in the
case of the insured being a company, a winding-up order has been
made with respect to the company, or a resolution for a voluntary
winding-up has been passed with respect to the company or where,
in the case of the insured being a co-operative society, an order
for cancellation of registration has been made, no agreement made
between the insurer and the insured after liability has been incurred
to a third party and after the commencement of the bankruptcy,
winding-up or as from the date of such order for cancellation of
registration, as the case may be, nor any waiver, assignment or
other disposition made by, or payment made to, the insured after
the commencement aforesaid shall be effective to defeat or affect
the rights transferred to the third party under this Ordinance, but
those rights shall be the same as if no such agreement, waiver,
assignment, disposition or payment had been made.
Originally 40 of 1951. Short title. Rights of third parties against insurers on bankruptcy, etc. of the insured. 20 & 21 Geo. 5, c. 25, s. 1. (Cap. 33.) (Cap. 6.) (Cap. 6.) Duty to give necessary information to third parties. 20 & 21 Geo. 5, c. 25, s. 2. (Cap. 6.) Settlement between insurers and insured persons. 20 & 21 Geo. 5, c. 25, s. 3.

Originally 40 of 1951. Short title. Rights of third parties against insurers on bankruptcy, etc. of the insured. 20 & 21 Geo. 5, c. 25, s. 1. (Cap. 33.) (Cap. 6.) (Cap. 6.) Duty to give necessary information to third parties. 20 & 21 Geo. 5, c. 25, s. 2. (Cap. 6.) Settlement between insurers and insured persons. 20 & 21 Geo. 5, c. 25, s. 3.

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MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) (NOMINATION OF AUTHORITY) NOTICE

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS)

(NOMINATION OF AUTHORITY) NOTICE

(Cap. 272, section 2)

[9th November, 1973.]

1. This notice may be cited as the Motor Vehicles Insurance (Third
Party Risks) Ordinance (Nomination of Authority) Notice.

2. The Registrar General is nominated as the Authority for the
purposes of the Ordinance.
L.N. 206/73. Citation.Nomination of Authority.

L.N. 206/73. Citation.Nomination of Authority.

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MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) REGULATIONS

MOTOR VEHICLES INSURANCE (THIRD PARTY
RISKS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

PART I

1. Citation............. .......................A2
2. Interpretation....................................A2

PART II

3. Issue of certificates of insurance and security A 2
4. Authentication and time of issue of certificates A 3
5. Issue of further certificates of insurance and security A 3
6. Production of documents alternative to certificates A 3
7. Destruction of certificate ...........A 4

8. Form of certificates .............................................................................................. A 4

9. Record of insurance and security ................................................................ A 4
10. Termination of policy or security ... A 5

11. Return of certificate on expiry of policy or security A 5
12. Loss or destruction of certificates .A 5
13. Statutory declaration ...............A 6

PART III

14. Interpretation ......................A6
15. Application for certificate of foreign insurance A 6
16. Issue of certificate of foreign insurance A 6
17. Particulars necessary on application for certificate of foreign insurance A 6
is. Signature ...........................A 7
19. Period of validity ..................A 7
20. Effect of certificate of foreign insurance A 7
21. Application of provisions of Ordinance A 7
22. Disposition of vehicles .............A 7
23. Records of Issuing Authority ........A 7

PART IV

24. Production of proof of insurance on application for a vehicle licence or on

notice of transfer of ownership of a vehicle ..................... A 8
25. Condition for issue of licence ....... A 8
26. Penalties ............................A 8
Schedule. Forms ................................................. A9





MOTOR VEHICLES INSURANCE (THIRD PARTY
RISKS) REGULATIONS

(Cap. 272 section 20)

[9 November 1951]

39 of 1951, Schedule G.N.A. 78 of 1952, G.N.A. 168 of 1952, G.N.A. 8 of 1957, L.N. 88 of 1967,
L.Y 54 of 1968, L.N. 1 of 1977, L.N. 16 of 1977, R. Ed. 1983, L.N. 216 of 1985, L.N. 169 of
1985

PART I

1. Citation

These regulations may be cited as the Motor Vehicles Insurance (Third

Party Risks) Regulations.

2. Interpretation

In these regulations, unless the context otherwise requires-

'company' means an insurer as defined in section 2 of the Ordinance, or a body of
persons by whom a security may be given in pursuance of the Ordinance;
policy' means such policy of insurance in respect of third party risks arising
out of the use of motor vehicles as complies with the requirements of the
Ordinance and includes a covering note;

'security' means such security in respect of third party risks arising out of the use
of motor vehicles as complies with the requirements of the Ordinance.

PART II

3. Issue of certificates of insurance and security

(1) A company shall issue to every holder of a security or of a policy other than
a covering note issued by the company

(a)in the case of a policy or security relating to a specified vehicle or to
specified vehicles, or to such vehicle or vehicles and also to an
unspecified vehicle or unspecified vehicles, a certificate of insurance
in Form 1, or a certificate of security in Form 4, set out in the Schedule
in respect of each specified vehicle; (G.N.A. 78 of 1952)





(b)in the case of a policy or security not relating to any specified
vehicle or vehicles, such number of certificates in Form 2 or 4,
set out in the Schedule as may be necessary to enable the
requirements of section 16(1) of the Ordinance and of these
regulations as to the production of evidence that a motor vehicle
is not being driven in contravention of section 4 of the Ordinance
to be complied with:
Provided that where a security is intended to cover the use of more than 10
motor vehicles at any one time, the company by whom it was issued may, with
the consent of the Governor, issue one certificate only, and, where such consent
has been given, the holder of the security may issue duplicate copies of such
certificate, duly authenticated by him, up to such number and subject to such
conditions as the Governor may determine.
(2) Every policy in the form of a covering note issued by a company shall
have printed thereon, or on the back thereof, a certificate of insurance in Form
3 set out in the Schedule.

4. Authentication and time of issue of certificates

(1) Every certificate of insurance or certificate of security shall be duly
authenticated by or on behalf of the company by whom it is issued.
(2) The certificate aforesaid shall be issued not later than 4 days after the
date on which the policy or security is issued or renewed.

5. Issue of further certificates of insurance and security

Where under the terms of a policy or security relating to a specified motor
vehicle the holder is entitled to drive any motor vehicle other than that specified
without contravention of section 4 of the Ordinance, the company by whom the
policy or security was issued may and shall on demand being made to them by
the holder issue to him a further certificate of insurance in Form 1 or 2, set out
in the Schedule, or a further certificate of security, as the case may be.

6. Production of documents alternative to certificates

The following evidence that a motor vehicle is not being driven in
contravention of section 4 of the Ordinance may be produced by the driver of
such motor vehicle on the request of a police officer in pursuance of section 16
of the Ordinance as an alternative to the production of a certificate of insurance
or a certificate of security-
(a)a duplicate copy of a certificate of security issued in accordance
with regulation 3(1)(b);





(b)in the case of a motor vehicle of which the owner has made a deposit
with the Director of Accounting Services to the value of $2,000.000 in
accordance with the provisions of section 4(4)(c) of the Ordinance
and has not required such deposit to be returned to him, a certificate
in Form 5 set out in the Schedule, signed by the owner of the motor
vehicle or by some person authorized by him in that behalf. (L.N. 54 of
1968; L.N. 16 of 1977; L.N. 216 of 1985)

7. Destruction of certificate

Any certificate issued in accordance with regulation 6(b) shall be destroyed by
the person by whom it was issued before the motor vehicle to which it relates is sold
or otherwise disposed of or, where the deposit is returned by the Director of
Accounting Services under section 5(d) of the Ordinance, immediately thereafter.
(L.N. 216 of 1985)

8. Form of certificates

(1) Every certificate issued in pursuance of the Ordinance and of these
regulations shall be printed and completed in black on white paper or similar material.

(2) No certificate so issued shall contain any advertising matter either on the
face or on the back thereof..

Provided that the name and address of a company and its principal
representative in Hong Kong by whom a certificate is issued, or a reproduction of
the seal or any monogram or similar device of the company, and its principal
representative in Hong Kong shall not be deemed to be advertising matter for the
purposes of this paragraph if it is printed or stamped at the foot or on the back of
such certificate. (L.N. 216 of 1985)

9. Record of insurance and security

(1) Every company by whom a policy or a security is issued shall keep a record
of the following particulars relative thereto and of any certificates issued in
connection therewith

(a)full name and address of the person to whom the policy, security or
certificate is issued;

(b)in the case of a policy relating to a specified motor vehicle or to
specified motor vehicles, the index mark and registration number of
each such motor vehicle;

(c)the date on which the policy or security comes into force and the
date on which it expires;





(d)in the case of a policy, the conditions subject to which the persons or
classes of persons specified in the policy will be indemnified;

(e)in the case of a security, the conditions subject to which the
undertaking given by the company under the security will be
implemented,

and every such record shall be preserved for one year from the date of expiry of the
policy or security.

(2) Any person who has made a deposit with the Director of Accounting
Services to the value of $2,000,000 in pursuance of section 4(4)(c) of the Ordinance
and has not required such deposit to be returned to him shall keep a record of the
motor vehicles owned by him and of any certificates issued by him under these
regulations in respect of such motor vehicles and of the withdrawal or destruction of
any such certificates. (L.N. 54 of 1968: L.N. 16 of 1977; L.N. 216 qf 1985)

(3) Any person, authority, or company by whom records of documents are
required to be kept by these regulations shall, without charge, furnish to the
Commissioner of Police and the Commissioner for Transport on request any
particulars thereof. (L.N. 88 of 1967)

10. Termination of policy or security

Where to the knowledge of a company a policy or security issued by them
ceases to be effective without the consent of the person to whom it was issued
otherwise than by effluxion of time or by reason of his death, the company shall
forthwith notify the Commissioner of Police and the Commissioner for Transport of
the date on which the policy or security ceased to be effective.

(L.N. 88 of 1967)

11. Return of certificate on expiry of policy or security

Where with the consent of the person to whom it was issued a policy or
security is transferred or suspended or ceases to be effective otherwise than by
effluxion of time, such person shall forthwith return any relative certificates to the
company by whom they were issued, and a new policy or security shall not be
issued to that person, nor shall the said policy or security be transferred to any other
person, unless and until the certificates have been returned to the company or the
company is satisfied that they have been lost or destroyed.

12. Loss or destruction of certificates

Where any company by whom a certificate of insurance or a certificate of
security has been issued is satisfied that the certificate has become defaced or has
been lost or destroyed, they shall, if requested so to do by the person to whom the
certificate was issued, issue to him a fresh certificate.





13. Statutory declaration

Every statutory declaration made for the purposes of section 10(2)(c), or of
section 14, of the Ordinance shall be delivered forthwith to the insurer by the
person making such declaration.

PART 111

14. Interpretation

In this Part-
'Issuing Authority' means the Hong Kong Automobile Association;
'motor vehicle' means a motor vehicle brought into Hong Kong by a visitor;
(L.N. 216 of 1985)
'visitor' means a person bringing a motor vehicle into Hong Kong and making
only a temporary stay therein not exceeding 3 months. (L.N. 216 of
1985)

15. Application for certificate of foreign insurance

A visitor who is a holder of a policy of insurance issued outside Hong
Kong in respect of third party risks arising out of the driving by him of a motor
vehicle in Hong Kong may make application to the Issuing Authority for a
certificate (hereinafter called a certificate of foreign insurance) in Form 6 set out
in the Schedule.
(L.N. 216 of 1985)

16. Issue of certificate of foreign insurance

The Issuing Authority may issue a certificate of foreign insurance to any
visitor who makes application therefor in the manner prescribed by these
regulations.

17. Particulars necessary on application
for certificate of foreign insurance

Every such application as aforesaid shall be signed by the person by whom
it is made and shall specify the number of the policy in respect of third party
risks held by him, the name and address of the company by which it was issued,
the date on which the policy commences and the date on which it expires, and
shall also contain a declaration by the applicant that the provisions of the
policy with respect to third party risks are effective in relation to the driving of
the motor vehicle in Hong Kong by him or by some other person or persons or
classes of persons specified in the declaration.
(L.N. 216 of 1985)





18. Signature

Every certificate of foreign insurance shall be signed by some person duly
authorized in that behalf by the Issuing Authority.

19. Period of validity

The period of validity of a certificate of foreign insurance shall not exceed the
unexpired period covered by the policy to which it relates.

20. Effect of certificate of foreign insurance

For the purposes of the Ordinance and of regulation 6 of these regulations, a
certificate of foreign insurance shall have effect as if it were a certificate of insurance
issued by an insurer and the policy of insurance to which it relates shall be deemed
to comply with the requirements of the Ordinance.

21. Application of provisions of Ordinance

The provisions of section 9 of the Ordinance shall not apply in relation to any
policy of insurance in respect of which a certificate of foreign insurance has been
issued.

22. Disposition of vehicles

A certificate of foreign insurance shall be forthwith returned by the visitor to
the Issuing Authority if the motor vehicle to which it relates is sold or otherwise
disposed of or if by reason of his obtaining a new policy or otherwise a new
certificate of foreign insurance is issued to him during his stay in Hong Kong, and if
the certificate is not so returned it shall be surrendered to the Issuing Authority by
or on behalf of the visitor when the motor vehicle is taken out of Hong Kong.

(L.N. 216 of 1985)

23. Records of Issuing Authority

The Issuing Authority shall keep a record of the following particulars relative
to any certificates of foreign insurance issued by it

(a)the full name and address of the person to whom the certificate is
issued and particulars of the persons or classes of persons
authorized to drive the motor vehicle;

(b)the date on which the policy of insurance to which the certificate
relates commences and the date on which it expires;





(e) the date of return of the certificate to the Issuing Authority, and the
Issuing Authority shall without charge furnish to the Commissioner of Police and
the Commissioner for Transport on request any particulars thereof. (L.N. 88 of 1967)

PART IV

24.Production of proof of insurance on application
for a vehicle licence or on notice of transfer of
ownership of a vehicle

(1) Any person

(a)applying for a motor vehicle licence under regulation 21(1) of the Road
Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374
sub. leg.); or

(b)delivering to the Commissioner notice of transfer of ownership
of a motor vehicle under regulation 17(2)(b) of the aforesaid
regulations,
shall upon such application or delivery of notification produce to the Com-
missioner for Transport any necessary certificate of insurance or certificate of
security, or such other documentary proof as shall be sufficient to indicate
that-

(i)on the date when such vehicle licence comes into operation there will
be in operation; or

(ii) in the case of a transfer of ownership there is in operation,
such policy of insurance or such security in respect of third party risks as is
required by the Ordinance in relation to the user of the motor vehicle. (L.N. 1
of 1977; L.N. 169 of 1989)
(2) Subregulation (1) does not apply in the case of the delivery of notice
of transfer of ownership of a motor vehicle which is not licensed under the
Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374
sub. leg.) (L.N. 169 of 1989)

25. Condition for issue of licence

The Commissioner for Transport shall not issue a motor vehicle licence to any
applicant who fails to comply with regulation 24.

(G.N.A. 168 of 1952; L.N. 88 of 1967)

26. Penalties

Any person who contravenes the provisions of regulation 3, 4, 5, 7, 8, 9, 10, 11,
12, 13, 17 or 22 shall be guilty of an offence and shall be liable to a fine of $100 and
to imprisonment for 7 days.





SCHEDULE [regs. 3, 5, 6 & 15]

FORM 1

MOTOR VEWCLES INSURANCE (TmIRD PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Insurance

Certificate No . ....... Policy No .

1.Registration mark assigned to the vehicle under regulation 6, 9(1), 13 or 14 of the Road Traffic

(Registration and Licensing of Vehicles) Regulations or if no registration mark yet assigned,

make and chassis number. (L.N.169 of 1989)
2. Name of policy holder.

3. Effective date of the commencement of Insurance for the purposes of the above
Ordinance.

4. Date of expiry of Insurance.

5. Persons or classes of persons entitled to drive.*

6. Limitations as to use.*

(I)/(We) hereby certify that the policy to which this certificate relates is issued in accordance

with the provisions of the abovementioned
Ordinance.

Date of issue ...........................................

.................................................
...................

Authorized Insurer.

Limitations rendered inoperative by section 12 of the above Ordinance are not to be included under this heading.

(G.N.A. 8 of 1957)

FORM 2

MOTOR VEHICLES INSURANCE (TniRD PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Insurance

Certificate No . .......Policy No . .................................

1. Description of vehicles.

2. Name of policy holder.

3. Effective date of the commencement of Insurance for the purposes of the above
Ordinance.

4. Date of expiry of Insurance.

5. Persons or classes of persons entitled to drive.*

6. Limitations as to use.*





(I)/(We) hereby certify that the policy to which this certificate relates is issued in
accordance with the provisions of the abovementioned Ordinance.

Date of issue .....

. .................

Authorized Insurer.

Limitations rendered inoperative by section 12 of the above Ordinance are not to be included under this heading.

(G.N.A. 8 of 1957)

FORM 3

MOTOR VEHICLES INSURANCE (THIRD, PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Insurance

(I)/(We) hereby certify that this covering note is issued in accordance with the provisions of
the abovementioned Ordinance.

...................... Authorized Insurer.

..........(G.N.A.
78 of 1952)

..........................FORM 4
..........................MOTOR VEHICLES INSURANCE (THIRD, PARTY RISKS) ORDINANCE
..........................(Chapter 272)
..........................Certificate of Security
Certificate No . .........Security No.
..........................(Optional)

1 Name of holder of security.

2. Date of the commencement of security.

3. Date of expiry of security.

4. Conditions to which security is Subject.*

(I)/(We) hereby certify that the security to which this certificate relates is issued in
accordance

with the provisions of the abovementioned
Ordinance.

................

(authorized under the said

Ordinance to issue securities.)

Limitations rendered inoperative by section 12 of the above Ordinance are not to be included under this heading.





FORM 5

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Deposit

(I)/(We) hereby certify that (I am) (we are) the (owner)/(owners) of the vehicle of which the

registration mark and number are
.....................................................................................................

....................... and that in pursuance of the provisions of

section 4(4)(c) of the abovementioned Ordinance (I)/(we) have made a deposit with the Director of Accounting
Services to the value of $2,000,000 and have not required such deposit to be returned to

(me)/(us). 54 of 1968; L.N. 16 of 1977; L.N. 216 of 1985)

Signed
...............................................
............. on behalf of
.............................................

FORM 6

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE
(Chapter 272)

Certificate of Foreign Insurance

Certificate No . ................... Policy No .

1. Date to which certificate is valid.

2. Identification mark and number or numbers and make of vehicle.

3. Persons or classes of persons authorized to drive the vehicle.

4. Date of commencement of policy.

5. Date of expiry of policy.

I hereby certify that this certificate is issued in accordance with the regulations made under the

Motor Vehicles Insurance (Third Party Risks) Ordinance.

Signed ..................
........................

on behalf of
............................................

(Issuing Authority)

https://oelawhk.lib.hku.hk/items/show/3062

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE

LAWS OF HONG KONG

MOTOR VEHICLES INSURANCE

(THIRD PARTY RISKS) ORDINANCE

CHAPTER 272





CHAPTER 272

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1. Short title ............................2
2. Interpretation .........................2
3. Application of Ordinance to private roads 3
4. Obligation on users of motor vehicles to be insured against third party risks 3
5. Provisions regarding deposits under section 4 5
6. Requirements in respect of policies ...6
7. Requirements in respect of securities .7
8. (Rep-led) ..............................8
9. Certain conditions to policies or securities to be of no effect 8
10. Duty of insurers to satisfy judgments against persons insured in respect of
third party risks ...................8
11. Bankruptcy, etc., of insured persons not to affect certain claims by third
parties ...............................10
12....Avoidance of restrictions on scope of policies covering third party risks 10
13. Duty of person against whom claims are made to give information as to
insurance .............................11
14.............Duty to surrender certificate on cancellation of policy 12
15. Application of sections 10 to 14 to securities 12
16. Requirements as to production of certificate of insurance or of security 12
17. Forgery, etc., of certificates ......13
18. Disclosure of information to the police 14
19. Offences and general penalty ........14
20. Regulations..............................................................................................................
...........................................15





CHAPTER 272

MOTOR VEHICLES INSURANCE
(THIRD PARTY RISKS)

To make provision for the protection of third parties against risks arising out of the
use of motor vehicles.

[9 November 1951]

Originally 39 of 1951-16 of 1952,30 of 1967,21 of 1968,20 of 1972,61 of 1973,22 of 1976,
L.N. 16 of 1977,28 of 1978,49 of 198.1, 6of 1983, R.Ed. 1983,46 of 1985,31 of 1986,20
of 1987,80 of 1988

1. Short title

This Ordinance may be cited as the Motor Vehicles Insurance (Third Party

Risks) Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

'Authority' means the Governor in Council or such other person, or body of
persons, as may be nominated by the Governor in Council by notice in the
Gazette;

'authorized insurer'

(a) in relation to a policy of insurance or security, means an insurer

which, at the time the policy of insurance or security is issued or
given, is-

(i) an insurer authorized under the Insurance Companies Ordinance
(Cap. 41) to carry on motor vehicle insurance business; or

(ii) an association of underwriters approved by the Governor in
Council under section 6 of that Ordinance; and

(b) includes the society of underwriters known in the United

Kingdom as Lloyd's; (Replaced 6 of 1983 s. 60)

'driver', where a separate person acts as steersman of a motor vehicle, includes that
person as well as any other person engaged in the driving of the vehicle, and
the expression 'drive' shall be construed accordingly; [cf.

1930 c. 43 s. 121 U.K.]
'insurer' means an authorized insurer;(Replaced 6 of 1983 s. 60)





'motor vehicle' means a vehicle intended or adapted for use on roads, and propelled
by any form of mechanical power, and includes a motor bicycle with or without
a side-car or trailer, a motor tricycle and a bicycle or tricycle assisted by a
motor, and a village vehicle within the meaning of section 2 of the Road Traffic
Ordinance (Cap. 374), but not a vehicle drawn by any other motor vehicle, nor
any conveyance for use solely on railways or tramways; (Amended 31 of 1986
s. 8) [cf. 1930 c. 43 s. 1 U.K.]

'motor vehicle insurance business' means insurance business of the nature
specified in class 10 in Part 3 of the First Schedule to the Insurance Companies
Ordinance(Cap. 41); (Replaced 6of 1983s. 60)

owner in relation to a vehicle which is the subject of a hiring agreement or hire
purchase agreement, means the person in possession of the vehicle under that
agreement; [cf. 1930 c. 43 s. 121 U.K.]

'policy of insurance' includes a covering note;

'road' means any highway and any other road to which the public have access and
includes any road upon which a member of the public is allowed to drive a
vehicle only if in possession of a permit issued by the Commissioner of Police
or the Commissioner for Transport. (Replaced 16 of 1952 s. 2. Amended 30 of
1967 Schedule)

3. Application of Ordinance to private roads

(1) For the avoidance of doubt, it is hereby declared that the provisions of this
Ordinance shall apply to private roads as they apply to roads and, for that purpose,
the provisions of any other Ordinance which relate, in any way, to the provisions of
this Ordinance shall apply accordingly.

(2) For the purposes of this section, 'private road' means a private road within
the meaning of the Road Traffic Ordinance (Cap. 374).

(Added 80 of 1988 s. 15)

4.Obligation on users of motor vehicles to
he insured against third party risks

(1) Subject to the provisions of this Ordinance it shall not be lawful for any
person to use, or to cause or permit any other person to use, a motor vehicle on a
road unless there is in force in relation to the user of the vehicle by that person or
that other person, as the case may be, such a policy of insurance or such a security
in respect of third party risks as complies with the requirements of this Ordinance.

(2) (a)If a person acts in contravention of this section, he shall be liable to a
fine of $10,000 and to imprisonment for 12 months, and a person
convicted of an offence under this section shall (unless the court for
special reasons thinks fit to order otherwise) be disqualified from
holding or obtaining a licence to drive a motor





vehicle for such period as the court may determine being not less
than 12 months nor more than 3 years from the date of conviction.
(Replaced 22 of 1976s. 2)

(b)A person disqualified by virtue of a conviction under this section or
of an order made thereunder for holding or obtaining a licence shall,
for the purposes of the Road Traffic Ordinance (Cap. 374), be deemed
to be disqualified by virtue of a conviction under the provisions of
that Ordinance.

(3) Notwithstanding any enactment prescribing a time within which proceedings
may be brought before a court of summary jurisdiction, proceedings for an offence
under this section may be brought

(a)within a period of 6 months from the date of the commission of the
alleged offence; or

(b)within a period which exceeds neither 3 months from the date on
which it came to the knowledge of the prosecutor that the offence had
been committed nor 1 year from the date of the commission of the
ofrence,

whichever period is the longer.

(4) This section shall not apply to

(a)any motor vehicle which is the property of Her Majesty or the
Government upon any occasion upon which such vehicle is being
used by a person authorized by Her Majesty or the Government to
use the same on such occasion; or

(b)any motor vehicle at any time when it is being driven for police
purposes by, or under the direction of, any police officer; or

(ba) any motor vehicle at any time when it is being driven by a public
officer

(i)in connection with a driving or instructor's test conducted by
him under the Road Traffic Ordinance (Cap. 374);

(ii)for the purpose of carrying out any examination, inspection,
weighing or testing of that vehicle required under that
Ordinance; or (Added61 of 1973s.2)

(iii) in the course of its removal from a road tunnel to which the Road
Tunnels (Government) Ordinance (Cap. 368) applies; or
(Replaced 49 of 1981 s. 2)

(iv)in the course of its removal from a restricted road, or any place
on a restricted road or a parking place or car park, in an estate
managed by the Housing Authority under the Housing
Ordinance(Cap. 283); or (Added49 of 1981s. 2)

(bb) any motor vehicle at any time when it is being driven within the Cross-
Harbour tunnel area by a tunnel officer in the course of its removal
from the tunnel under the Cross-Harbour Tunnel

Ordinance(Cap. 203); or (Added61 of 1973s.2)





(bc) any motor vehicle at any time when it is being driven by an employee
of the Mass Transit Railway Corporation in the course of its removal
from any railway premises, station approach road or entrance under
the Mass Transit Railway By-laws (Cap. 270 sub. leg.); or (Added49
of 1981s. 2)

(c)any motor vehicle owned by a person, other than a person specified in
an order made by the Governor in Council for the purposes of this
paragraph, who has made a deposit with the Director of Accounting
Services to the value of $2,000,000 and has not required such deposit
to be returned to him, at any time when such motor vehicle is being
driven by the owner or by a servant of the owner in the course of his
employment, or is otherwise subject to the control of the owner.
(Amended21 of 1968 s. 3; L.N. 16 of 1977,.46 of 1985 s. 2)

[cf. 1930 c. 43 s. 35 U.K.]

5. Provisions regarding deposits under section 4

The following provisions shall apply in relation to any deposit made under
section 4(4)(c)-- (Amended21 of 1968 s. 4)

(a)a deposit may be made in cash or in securities approved by the
Director of Accounting Services (hereinafter referred to as approved
securities), or partly in cash and partly in approved securities and the
value of securities shall be taken as the market value on the day of
deposit;

(b)when approved securities are deposited the depositor shall, if so
required by the Director of Accounting Services, take, at or before the
time they are so deposited, such steps as the Director of Accounting
Services may require to vest the same in the Director of Accounting
Services;

(c)the Director of Accounting Services may permit the substitution of
other approved securities for those previously deposited or the
substitution of cash for approved securities, or vice versa, and may
where he considers that the approved securities have fallen below
their value at the time of the deposit, require the depositor to deposit
the difference in value in further approved securities or cash;

(d)the Director of Accounting Services shall return the deposit to the
depositor by repaying to him any cash deposited or retransferring to
him any securities, as the case may be, if

(i) the depositor has in writing requested the Director of
Accounting Services to return the deposit; or





(ii) an order is made by the Governor in Council under
paragraph (e) of section 4(4) specifying the depositor for the
purposes of that paragraph; (Replaced 46of 1985 s.3)
(e)subject to the provisions of paragraph (f), the deposit shall be
deemed to form part of the assets of the depositor and the
interest or dividends accruing due in respect thereof shall be
payable to the depositor;
(j)no part of the deposit shall, so long as any liabilities, being such
liabilities as are required to be covered by a policy of insurance
under this Ordinance, which have been incurred by the depositor,
have not been discharged or otherwise provided for, be applicable
in discharge of any other liabilities incurred by the depositor.
(AmendedL.N. ]6of 1977)

6. Requirements in respect of policies

(1) In order to comply with the requirements of this Ordinance, a policy
of insurance must be a policy which-
(a) is issued by an authorized insurer; and
(b)insures such person, persons or classes of persons as may be
specified in the policy in respect of any liability which may be
incurred by him or them in respect of the death of or bodily
injury to any person caused by or arising out of the use of the
motor vehicle on a road:
Provided that such a policy shall not be required to cover-
(i) liability in respect of the death arising out of and in the course
of his employment of a person in the employment of a person
insured by the policy or of bodily injury sustained by such a
person arising out of and in the course of his employment; or
(ii) (Repealed 22 of 19 76 s. 3)
(iii) any contractual liability.
(2) Notwithstanding anything in any law, a person issuing a policy of
insurance under this section shall be liable to indemnify the persons or classes
of persons specified in the policy in respect of any liability which the policy
purports to cover in the case of those persons or classes of persons.
(3) A policy shall be of no effect for the purposes of this Ordinance unless
and until there is issued by the insurer in favour of the person by whom the
policy is effected a certificate (in this Ordinance referred to as a certificate of
insurance) in the prescribed form and containing such particulars of any
conditions subject to which the policy is issued and of any other matters as may
be prescribed, and difrerent forms and difrerent particulars may be prescribed in
relation to different cases or circumstances.
[cf. 1930 c. 43 s. 36 U.K.]





7. Requirements in respect of securities

(1) In order to comply with the requirements of this Ordinance a security in
respect of third party risks must

(a)be given either by an authorized insurer or by some body of persons
which carries on in Hong Kong the business of giving securities of a
like kind and which

(i) has deposited and keeps deposited with the Director of
Accounting Services the sum of $1,000,000 in respect of that
business;or (AmendedL.N. 16 of 1977)

(ii) has been exempted by the Authority, under the provisions of
subsection (2) from the obligation to make such deposit;
(Amended 46 of 1985 s. 4)

(b)consist of an undertaking by the giver of the security to make good,
subject to any conditions specified therein, and up to the amount, in
the case of an undertaking carrying on the business of transporting
for hire or reward passengers by motor vehicles, of not less than
$2,000,000 and, in any other case, of not less than $400,000, any failure
by the owner of the vehicle or such other persons or classes of
persons as may be specified in the security duly to discharge any
such liability as is required to be covered by a policy of insurance
under section 6 which may be incurred by him or them. (Amended 46
of 1985 s. 4)

(2) The Authority may grant exemption from the obligation to make a deposit
under subsection (1)(a), either in relation to any specific body of persons or in
relation to any class of body of persons:

Provided that the Authority shall not grant exemption as aforesaid unless the
Authority is satisfied as to the financial stability of the body of persons, or the body
of persons of the class in question, as the case may be.

(3) The provisions of section 5 shall apply mutatis mutandis in relation to any
deposit made under subsection (1)(a) of this section, subject to the modification that
for paragraph (d) of the said section 5 there shall be substituted the following
paragraph

'(d)subject to the provisions of paragraph (j) of this section, the deposit
shall be retained by the Director of Accounting Services so long as
the depositor carries on in Hong Kong the business in respect of
which the deposit is made;'. (Amended 46 of 1985 s.4)

(4) A security shall be of no effect for the purposes of this Ordinance unless
and until there is issued by the person giving the security in favour of the person to
whom it is given a certificate (in this Ordinance referred to as a certificate of security)
in the prescribed form and containing such particulars of any condition subject to
which the security is issued and of any other matters as may be prescribed in relation
to different cases or circumstances.

[cf. 1930 c. 43 s. 37 U.K.]





8. (Repealed 20 of 198 7 s. 2)

9. Certain conditions to policies or

securities to he of no effect

Any condition in a policy or security issued or given for the purposes of this
Ordinance, providing that no liability shall arise under the policy or security, or that
any liability so arising shall cease, in the event of some specified thing being done or
omitted to be done after the happening of the event giving rise to a claim under the
policy or security, shall be of no efrect in connection with such claims as are
mentioned in section 6(1)(b):

Provided that nothing in this section shall be taken to render void any
provisions in a policy or security requiring the person insured or secured to repay to
the insurer or the giver of the security any sums which the latter may have become
liable to pay under the policy or security and which have been applied to the
satisfaction of the claims of third parties.

[cf. 1930 c. 43 s. 38 U.K.]

10. Duty of insurers to satisfy judgments against persons

insured in respect of third party risks

(1) If, after a certificate of insurance has been issued under section 6(3) in
favour of the person by whom a policy has been effected, judgment in respect of any
such liability as is required to be covered by a policy under section 6(1)(b) (being a
liability covered by the terms of the policy) is obtained against any person insured
by the policy, then, notwithstanding that the insurer may be entitled to avoid or
cancel, or may have avoided or cancelled, the policy, the insurer shall, subject to the
provisions of this section, pay to the persons entitled to the benefit of the judgment
any sum payable thereunder in respect of the liability, including any amount payable
in respect of costs and any sum payable in respect of interest on that sum by virtue
of any law relating to interest on judgments.

(2) No sum shall be payable by an insurer under the foregoing provisions of
this section

(a)in respect of any judgment, unless before or within 7 days after the
commencement of the proceedings in which the judgment was given,
the insurer had notice of the bringing of the proceedings; or

(b)in respect of any judgment, so long as execution thereon is stayed
pending an appeal; or

(c)in connection with any liability, if before the happening of the event
which was the cause of the death or bodily injury giving rise to the
liability the policy was cancelled by mutual consent or by virtue of
any provision contained therein, and either





(i)before the happening of the said event the certificate of
insurance was surrendered to the insurer, or the person in whose
favour the certificate was issued made a statutory declaration
stating that the certificate had been lost or destroyed; or

(ii) after the happening of the said event, but before the expiration of
a period of 14 days from the taking effect of the cancellation of
the policy, the certificate was surrendered to the insurer, or the
person in whose favour the certificate was issued made such a
statutory declaration as aforesaid; or

(iii) either before or after the happening of the said event, but within
the said period of 14 days, the insurer has commenced
proceedings under this Ordinance in respect of the failure to
surrender the certificate.

(3) No sum shall be payable by an insurer under the foregoing provisions of this
section, if, in an action commenced before, or within 3 months after, the
commencement of the proceedings in which the judgment was given, he has
obtained a declaration that, apart from any provision contained in the policy, he is
entitled to avoid it on the ground that it was obtained by the non-disclosure of a
material fact, or by a representation of fact which was false in some material
particular, or, if he has avoided the policy on that ground, that he was entitled so to
do apart from any provision contained in it:

Provided that an insurer who has obtained such a declaration as aforesaid in an
action shall not thereby become entitled to the benefit of this subsection as respects
any judgement obtained in proceedings commenced before the commencement of
that action, unless before or within 7 days after the commencement of that action he
has given notice thereof to the person who is the plaintiff in the said proceedings
specifying the non-disclosure or false representation on which he proposes to rely,
and any person to whom notice of such an action is so given shall be entitled, if he
thinks fit, to be made a party thereto.

(4) If the amount which an insurer becomes liable under this section to pay in
respect of a liability of a person insured by a policy exceeds the amount for which he
would, apart from the provisions of this section, be liable under the policy in respect
of that liability, he shall be entitled to recover the excess from that person.

(5) In this section, the expression 'material' means of such a nature as to
influence the judgment of a prudent insurer in determining whether he will take the
risk, and, if so, at what premium and on what conditions; and the expression 'Tability
covered by the terms of the policy' means a liability which is covered by the policy
or which would be so covered but for the fact that the insurer is entitled to avoid or
cancel, or has avoided or cancelled, the policy.





(6) In this Ordinance, references to a certificate of insurance in any
provision relating to the surrender, or the loss or destruction, of a certificate of
insurance shall, in relation to policies under which more than one certificate is
issued, be construed as references to all the certificates, and shall, where any
copy has been issued of any certificate, be construed as including a reference to
that copy.
[cf. 1934 c. 50 s. 10 U.K.]

11.Bankruptcy, etc., of insured persons not
to affect certain claims by third parties

Where a certificate of insurance has been issued under section 6(3) in
favour of the person by whom a policy has been effected, the happening in
relation to any person insured by the policy of any such event as is mentioned in
section 2(1) or (2) of the Third Parties (Rights against Insurers) Ordinance
(Cap. 273) shall, notwithstanding anything in that Ordinance, not affect any
such liability of that person as is required to be covered by a policy under
section 6(1)(b), but nothing in this section shall affect any rights against the
insurer conferred by that Ordinance on the person to whom the liability was
incurred.
[cf. 1934 c. 50 s. 11 U.K.]

12.Avoidance of restrictions on scope of
policies covering third party risks

(1) Where a certificate of insurance has been issued under section 6(3) in
favour of the person by whom a policy has been effected, so much of the policy
as purports to restrict the insurance of the persons insured thereby by reference
to any of the following matters-
(a)the age or physical or mental condition of persons driving the
vehicle; or
(b) the condition of the vehicle; or
(c) the number of persons that the vehicle carries; or
(d)the weight or physical characteristics of the goods that the vehicle
carries; or
(e) the times at which or the areas within which the vehicle is used; or
(j) the horsepower or value of the vehicle; or
(g) the carrying on the vehicle of any particular apparatus; or
(h)the carrying on the vehicle of any particular means of
identification other than any means of identification required to
be carried by or under this Ordinance or by or under the Road
Traffic Ordinance (Cap. 374),





shall, as respects such liabilities as are required to be covered by a policy under
section 6(1)(b), be of no effect:

Provided that nothing in this section shall require an insurer to pay any sum in
respect of the liability of any person otherwise than in or towards the discharge of
that liability, and any sum paid by an insurer in or towards the discharge of any
liability of any person which is covered by the policy by virtue only of this section
shall be recoverable by the insurer from that person.

(2) Where a person uses, or causes or permits any person to use, a motor
vehicle on a road in such circumstances that under section 4(1) there is required to
be in force in relation to his use of it such a policy of insurance or such a security in
respect of third party risks as complies with the requirements of this Ordinance,
then, if any other person is carried in or upon the vehicle while the user is so using
it, any antecedent agreement or understanding between them (whether intended to
be legally binding or not) shall be of no effect so far as it purports or might be held

(a)to negative or restrict any such liability of the user in respect of
persons carried in or upon the vehicle as is required by section 6(1) to
be covered by a policy of insurance; or

(b)to impose any conditions with respect to the enforcement of any such
liability of the user,

and the fact that a person so carried has willingly accepted as his the risk of
negligence on the part of the user shall not be treated as negativing any such
liability of the user. (Added 22 of 1976s. 4. Effective from ]June 1977)

(3) For the purposes of subsection (2)

(a)references to a person being carried in or upon a vehicle include
references to a person entering or getting on to, or alighting from, the
vehicle; and

(b) the reference to an antecedent agreement is to one made at

any time before the liability arose. (Added 22 of 1976 s. 4.
Effectivefrom 1 June 1977)
[cf. 1934 c. 50 s. 12 U.K.]

13. Duty of person against whom claims are made
to give information as to insurance

(1) Any person against whom a claim is made in respect of any such liability as
is required to be covered by a policy under section 6(1)(b) shall, on demand by or
on behalf of the person making the claim, state whether or not he was insured in
respect of that liability by any policy having effect for purposes of this Ordinance, or
would have been so insured if the insurer had not avoided or cancelled the policy,
and, if he was or would have been so insured, give such particulars with respect to
that policy as were specified in the certificate of insurance issued in respect thereof
under section 6(3).





(2) If, without reasonable excuse, any person fails to comply with the
provisions of this section, or wilfully makes any false statement in reply to any
such demand as aforesaid, he shall be guilty of an offence.
[cf. 1934 c. 50 s. 13 U.K.]

14. Duty to surrender certificate on cancellation of policy

Where a certificate of insurance has been issued under section 6(3) in
favour of the person by whom a policy has been effected and the policy is
cancelled by mutual consent or by virtue of any provision in the policy, the
person in whose favour the certificate was issued shall, within 7 days from the
taking effect of the cancellation, surrender the certificate to the insurer or, if it
has been lost or destroyed, make a statutory declaration to that effect, and if he
fails so to do he shall be guilty of an offence.
[cf. 1934 c. 50 s. 14 U.K.]

15. Application of sections 10 to 14 to securities

The provisions of sections 10 to 14 inclusive shall apply in relation to
securities having effect for the purposes of this Ordinance as they apply in
relation to policies of insurance, and in relation to any such security as aforesaid,
reference in the said sections to being insured, to a certificate of insurance, to an
insurer, and to persons insured, shall be construed respectively as references to
the having in force of the security, to the certificate of security, to the giver of the
security, and to the persons whose liability is covered by the security.
[cf. 1934 c. 50 s. 15 U.K.]

16. Requirements as to production of certificate
of insurance or of security

(1) Any person driving a motor vehicle on a road shall, on being so
required by any police officer, give his name and address and the name and
address of the owner of the motor vehicle and produce his certificate, and if he
fails so to do or gives a false name or address he shall be guilty of an offence:
Provided that, if the driver of a motor vehicle within 5 days after the date
on which the production of his certificate was so required, produces the
certificate together with the policy of insurance to which such certificate relates,
in person at such police station as may have been specified by him at the time
the production of the certificate was required, he shall not be convicted under
this subsection of the ofrence of failing to produce his certificate.
(2) It shall be the duty of the owner of a motor vehicle to give such
information as he may be required by or on behalf of a police officer not below
the rank of inspector-





(a)as to the identity of the driver of the motor vehicle on any
occasion when the driver was required under subsection (1) to
produce his certificate; or
(b)for the purpose of determining whether the vehicle was or was
not being driven in contravention of section 4 on any occasion
when the driver was required under this section to produce his
certificate,
and if the owner fails to do so, he shall be guilty of an offence.
(3) If in any case where, owing to the presence of a motor vehicle on a
road, an accident occurs involving personal injury to another person, the driver
of the motor vehicle does not at any time produce his certificate to a police
officer or to some person who, having reasonable grounds for so doing, has
required its production, the driver shall report the accident at a police station as
soon as possible, and in any case within 24 hours of the occurrence of the
accident and there produce his certificate, and if he fails so to do, he shall be
guilty of an offence:
Provided that a person shall not be convicted under this subsection of the
offence of fading to produce his certificate if, within 5 days after the occurrence
of the accident, he produces the certificate in person together with the policy of
insurance to which the certificate relates at such police station as may have been
specified by him at the time the accident was reported.
(4) In this section, the expression 'produce his certificate' means produce
for examination the relevant certificate of insurance or certificate of security of
such other evidence that the motor vehicle is not or was not being driven in
contravention of section 4 as may be prescribed.
[cf. 1930 c. 43 s. 40 U.K.]

17. Forgery, etc., of certificates

(1) If, with intent to deceive, any person-
(a)forges, within the meaning of Part IX (Forgery) of the Crimes
Ordinance (Cap. 200), or uses or lends to or allows to be used
by any other person, a certificate of insurance or certificate of
security within the meaning of this Ordinance; or
(b)makes or has in his possession any document so closely
resembling such a certificate as to be calculated to deceive,
he shall be guilty of a misdemeanor.
(2) If any person for the purpose of obtaining the issue of a certificate of
insurance or of a certificate of security under this Ordinance makes any false
statement or withholds any material information, he shall be guilty of an
offence and shall be liable to a fine of $1,000 and to imprisonment for 6 months.
(3) If any person issues a certificate of insurance or certificate of security
which is to his knowledge false in any material particular, he shall be guilty of





an offence and shall be liable to a fine of $2,000 and to imprisonment for 6 months.

(4) If any police officer or the Commissioner for Transport has reasonable cause
to believe that any certificate of insurance or certificate of security produced to him
in pursuance of the provisions of this Ordinance by the driver of a motor vehicle is a
document in relation to which an offence under this section has been committed, he
may seize the document, and thereon the person producing such document shall on
being required by a police officer or the Commissioner for Transport inform him of
the means by which and the person from whom he obtained possession of such
document and it shall be an ofrence to give information which is false or withhold
material information and such person shall be liable to a fine of $1,000 and to
imprisonment for 6 months. (Amended 30 of 1967 Schedule)

(5) In this section, the expressions 'certificate of insurance' and 'certificate of
security' include any document issued under regulations made under this
Ordinance to prescribe evidence which may be produced in lieu of a certificate of
insurance or a certificate of security.

(6) Nothing in this section shall be construed to affect the liability of any
person to trial and punishment for any offence against any other enactment:

Provided that no person shall be punished twice for the same act or omission.

[cf. 1930 c. 25 s. 112 U.K.]

18. Disclosure of information to the police

Where the driver of a vehicle is alleged to be guilty of an offence under the
Ordinance-
(a)the owner of the vehicle shall give such information as he may be
required by or on behalf of the Commissioner of Police to give as to
the identity of the driver, and, if he fails to do so shall be guilty of an
offence, unless he shows to the satisfaction of the court or
magistrate that he did not know and could not with reasonable
diligence have ascertained who the driver was; and

(b)any other person shall, if required as aforesaid, give any information
which it is in his power to give and which may lead to the
identification of the driver, and, if he fails to do so, he shall be guilty
of an offence.

[cf. 1930 c. 43 s. 113 U.K.]

19. Offences and general penalty

(1) Any person on conviction of an offence under this Ordinance shall, unless a
penalty is otherwise specifically provided, be liable to a fine of $1,000 and to
imprisonment for 3 months.





(2) Where a person is, by virtue of any power contained in this Ordinance
or in any regulations made thereunder, required to do or to abstain from
doing any act or thing and makes default in complying with any such
requisition, it shall be lawful for the court or magistrate on conviction, in
addition to imposing any penalty, to order such person to comply with such
requisition and to annex to any such order any condition as to time or mode of
action or otherwise which it may think necessary to enforce compliance
therewith.
(3) Every person who makes default in complying with any such order of
the court or magistrate may, in the discretion of the court, be ordered to pay by
way of a penalty a sum not exceeding $20 for every day during which he is
thereafter in default or to be imprisoned, until he has remedied his default:
Provided that any such person shall not for such non-compliance be liable
to the payment of any sums amounting in the aggregate to more than 51,000 in
addition to any other fine or term of imprisonment to which he may otherwise
be liable.

20. Regulations

(1) The Governor in Council may make regulations for prescribing
anything which may be prescribed under this Ordinance, and generally for the
purpose of carrying this Ordinance into effect, and in particular, but without
prejudice to the generality of the foregoing provisions, may make regulations-
(a) as to the forms to be used for the purposes of this Ordinance;
(b)as to applications for, and the issue of, certificates of insurance
and certificates of security and any other documents which may
be prescribed, and as to the keeping of records of documents and
the furnishing of particulars thereof, or the giving of information
with respect thereto, and as to the furnishing of copies of
certificates of insurance and of certificates of security in respect of
the obtaining or renewal of a licence or the registering of a new
owner as owner of a motor vehicle under the Road Traffic
Ordinance (Cap. 374), and the regulations made thereunder;
(Amended 22 of 1976 s. 5)
(c)as to the issue of copies of any such certificates or other
documents which are lost or destroyed;
(d)as to the custody, production, cancellation, and surrender of any
such certificates or other documents;
(e)for providing that any provisions of this Ordinance shall, in
relation to motor vehicles registered abroad and brought into
Hong Kong for a limited period have effect subject to such
modifications and adaptations as may be prescribed; (Amended
46 of 1985 s. 5)





as to the system of accounts to be kept, and the returns to be
furnished, by insurers.

(2) Any regulation made under this Ordinance may provide that a
contravention thereof shall be an ofrence and that a person guilty of such ofrence
shall be liable to a fine of $ 100 and to imprisonment for 7 days.

[cf. 1930 c. 43 s. 41 U.K.]

https://oelawhk.lib.hku.hk/items/show/3061

LOANS (ASIAN DEVELOPMENT BANK) ORDINANCE

LAWS OF HONG KONG

LOANS (ASIAN DEVELOPMENT BANK)

ORDINANCE

CHAPTER 271





CHAPTER 271

LOANS (ASIAN DEVELOPMENT BANK)

To make provision for the raising of loans from the Asian Development Bank
and for matters connected therewith.

[7 July 1972.1

1. This Ordinance may be cited as the Loans (Asian Development
Bank) Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Bank' means the Asian Development Bank.

3. (1) The Government may, in such manner and on such terms and
subject to such conditions as may be agreed between the Government
and the Bank, borrow from the Bank sums not exceeding those specified
in the First Schedule for the purposes of the projects specified with
respect to such sums in the First Schedule.

(2) Any agreement between the Government and the Bank in
respect of sums borrowed under the powers conferred by subsection
(1) shall be made in the name of the Government of Hong Kong and may
be signed on behalf of the Government by the Financial Secretary, or by
any person authorized by him in writing.

(3) As soon as practicable after the execution of an agreement
under this section, the Financial Secretary shall cause a copy of the
agreement to be laid on the table of the Legislative Council.

4. (1) The Government may issue such bonds, promissory notes or
other instruments on such terms and conditions as may be necessary
for the purpose of giving effect to the terms of any agreement which
may be entered into by it with the Bank in respect of any borrowing
authorized by this Ordinance.

(2) Any bond, promissory note or other instrument issued by the
Government under subsection (1) may be signed on behalf of the
Government by the Financial Secretary, or by any person author- by him
in writing.

5. (1) Any sums borrowed by the Government under this
Ordinance shall be applied. and are appropriated, to the purposes of the
project for which they were borrowed as specified in the First Schedule
and more particularly in any, agreement concluded with the Bank in
respect of the sums so borrowed:

Provided that any part of such a sum which cannot be applied to
those purposes may be applied to such other purposes as may be
approved by the Financial Secretary and the Bank.





(2) Where sums borrowed under this Ordinance are not
immediately available and expenditure in respect of the project for which
they were borrowed must be met. such expenditure shall be charged as
an advance pending reimbursement and the maximum amount which
may be so advanced in any financial year in connexion with any project
shall be specified in the Second Schedule.

(3) The sums borrowed under this Ordinance and all interest and
other charges thereon are hereby charged upon and shall be payable
out of the general revenues and assets of Hong Kong.

6. (1) Notwithstanding anything contained in any other law, any
agreement concluded with the Bank in respect of any borrowing
authorized under this Ordinance and any bond, promissory note or other
instrument issued pursuant to any such agreement and any undertaking
given in respect of any such agreement, bond, promis- note or
instrument by the Government shall be valid and enforceable and have
full force and effect in accordance with their respective terms.

(2) The Governor may, by order published in the Gazette, provide
for the remission of any tax, duty. charge or fee payable under any
Ordinance in respect of any agreement. bond. promissory note,
instrument or guarantee concluded with the Bank or issued ill connexion
with any borrowing authorized by, this Ordinance ol- in respect of any
payment of interest or otherwise under any such agreement, bond,
promissory note, instrument or guarantee.

7. The Legislative Council may by resolution amend the Schedules.

FIRST SCHEDULE [ss'. 3 & 5.]

Item One

An amount in various currencies equivalent to twenty-one million five
hundred thousand United States dollars (US$21,500,000) for the purposes of a
project involving the construction of seawater desalting works consisting of six
units having a total design output of 40 million gallons per day and to be located
near Castle Peak in the New Territories. The project includes all supporting facilities
and installations necessary to render the project operable.

Item Two

An amount in various currencies equivalent to twenty million United Sates
dollars (US$20,000,000) for the purposes of a project which forms part of stage 1
of the sewerage and sewage treatment facilities for the Sha Tin New Town and
involves the construction of (i) sewage treatment works; (ii) main pumping station:
and (iii) laying of approximately 2 000 metres of twin 1 400 m.m. diameter rising
mains. (Added. L.N. 236/75)

Item Three

An amount in various currencies equivalent to twenty million five hundred
thousand United States dollars (US$20,500,000) for the purposes of a project
involving the construction of two housing estates for some 61 000 persons and
associated facilities, four primary and four secondary schools in the two estates. a
general health clinic. a divisional fire station and a commercial complex for one of
the housing estates at Sha Tin New Town. (Added, L.N. 100 77)





Item Four

An amount in various currencies equivalent to nineteen million five hundred
thousand United States dollars (US$19,500,000) for the purposes of a project
involving the construction of a regional hospital with about 1 400 beds, including
teaching facilities and a polyclinic, at Sha Tin New Town. Added, L.N. 188 78)

Item Fire

An amount in various currencies equivalent to twenty million United States
dollars (US$20,000,000) for the purposes of a project which forms part of the
development of Sha Tin New Town and involves (i) the construction of a housing
estate for some 31 000 persons, two primary and two secondary, schools: and (ii)
the undertaking of a transport study of the Sha Tin--Tsuen Wan corridor.

L. N. 91 80)

SECOND SCHEDULE [s. M

The maximum amount which may be advanced pending reimbursement under
section 5(2) in any financial year in connexion with the project described in Item
One of the First Schedule is one hundred million Hong Kong dollars OAKS
100,000.000).

The maxinium amount which may he advanced pending reimbursement unoler
section 5(2) in any financial year in connexion with the project described in ltern
Two Two of the First Schedule is ninety-five million Hong Kong dollars
(HK$95,000,000). 1Added, L.N. 236 75

The maximum amount which may be advanced pending reimbursement under

section 5(2) in any financial year in connexion with the project described in
Item Three of the First Sche~ule is ninety-seven million Hom, Kong dollars
(H (HK$97,000,000). L.N. 100 177)

The maxirnuin aniount which may be advanced pending reimbursement under
section 5(2) in any financial year in connexion with the project described in Item
Four of' the First Schedule is ninety-two million Hong Kong dollars
(HK$92,000,000). (Added L.N. 188 78)

The maximum amount which may be advanced pending reimbursement under
section 5(2) in any financial year in connexion with the project described in Itern
Five of the First Schedule is one hundred million Hong Kong dollars
(HK$100,000,000). (Added. L.N. 91 80)
Originally 42 of 1972. L.N. 236/75. L.N. 100/77. L.N. 188/78. L.N. 91/80. Short title. Interpretation. Power to borrow from the Asian Development Bank. First schedule. Power to issue instruments including bonds. Appropriation and charge of loans. First Schedule. Second Schedule. Implementation of obligations under agreement. Power to amend Schedules.

Originally 42 of 1972. L.N. 236/75. L.N. 100/77. L.N. 188/78. L.N. 91/80. Short title. Interpretation. Power to borrow from the Asian Development Bank. First schedule. Power to issue instruments including bonds. Appropriation and charge of loans. First Schedule. Second Schedule. Implementation of obligations under agreement. Power to amend Schedules.

https://oelawhk.lib.hku.hk/items/show/3060

MASS TRANSIT RAILWAY CORPORATION (PERMITTED ACTIVITIES) (CONSOLIDATION) ORDER

MASS TRANSIT RAILWAY CORPORATION (PERMITTED
ACTIVITIES) (CONSOLIDATION) ORDER

(Cap. 270, section 3)

[23 March 1984]

L.N. 81/84, L.N. 56/88 -

Citation

1. This order may be cited as the Mass Transit Railway Corporation (Permitted
Activities) (Consolidation) Order.

Permitted activities

2. The Corporation is permitted to engage in the activities specified in the
Schedule.

SCHEDULE [para. 2]

PERMITTED ACTIVITIES OF MASS TRANSIT RAILWAY CORPORATION

1. To act as consultants or project managers in respect of all types of transport-related
activities in Hong Kong or elsewhere, and for that purpose to form an incorporated company
with limited liability under the Companies Ordinance (Cap. 32) as a wholly-owned subsidiary of
the Corporation with power so to act.

(L.N. 81/84)

2. To undertake estate management and associated activities relating to any buildings,
premises, structures and grounds ancillary thereto, and any common parts.

(L.N. 56/88)

https://oelawhk.lib.hku.hk/items/show/3059

MASS TRANSIT RAILWAY CORPORATION (INCREASE IN AUTHORIZED CAPITAL) (CONSOLIDATION) ORDER

MASS TRANSIT RAILWAY CORPORATION (INCREASE
IN AUTHORIZED CAPITAL) (CONSOLIDATION) ORDER

(Cap. 270. section 10)

[27 March 1981.]

1. This order may be cited as the Mass Transit Railway

Corporation (Increase in Authorized Capital) (Consolidation) Order.

2. The authorized capital of the Mass Transit Railway Corporation

(a) is increased from S2,000,000.000 divided into 20,000 shares

of $100,000 each to $5,500,000,000 divided into 55.000
shares of $100,000 each;

(b) is further increased from $5,500.000.000 divided into

55,000 shares of $100,000 each to $11,500,000.000 divided
into 115,000 shares of $100.000 each.
L.N. 83/81. L.N. 211/85. Citation. Increases in authorized capital L.N. 83/81. L.N. 211/85.

L.N. 83/81. L.N. 211/85. Citation. Increases in authorized capital L.N. 83/81. L.N. 211/85.

https://oelawhk.lib.hku.hk/items/show/3058

MASS TRANSIT RAILWAY BY-LAWS

MASS TRANSIT RAILWAY BY-LAWS
ARRANGEMENT OF BY-LAWS

By-law ........................... Page

PART I

PRELIMINARY

1 Citation........................ .......... ... ... B 3

2. Interpretation............................. . ... ... ... ... ... ... B 3

PART II

TRESPASS AND DAMAGE To RAILWAY
PREMISES

3. Admission ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 4
4. Trespass ... ... ... ... ... ... ... ... . ... ... ... ... ... ... B 4
5. Damage to railway premises, trains, plant and equipment ... ... 8 4
6. Sewage etc. not to be placed on railway premises ... ... ... ... ... ... ... B 5
7. Rubbish etc. not to be thrown on or from railway premises ... ... B 5
8. Improper use of emergency equipment ... ... ... ... ... ... B 5
9. Wrongfully entering or leaving trains ... ... ... ... ... ... B 5

PART III

FARES AND
TICKETS

10. Conditions of issue of tickets ... ... ... ... ... ... ... ... B 5
11. Fares ... ... ... ... . ... ... ... ... ... ... ... ... ... ... B 5
12. Tickets contain no warranty or acceptance of liability ... ... ... B 5
13. Compliance with Conditions of Issue ... ... ... ... ... ... ... ... ... B 6
14. Entry and travel prohibited without ticket ... . ... ... ... ... ... ... B 6
15. Travel where ticket is lost, damaged or expired ... ... ... ... ... B 6
16. Passengers should examine tickets and change ... ... ... ... ... ... ... ... B 7
17. Handing in of tickets ... ... ... ... ... ... ... ... ... ... ... ... ... B 7
18. Damaging etc. a ticket ... ... ... ... ... ... ... ... ... ... B 7
19, Failure to pay fares, etc . ... ... ... ... ... ... ... ... ... B 8

20. Exchanges and refunds ........................ ... ... ... ... B 8

PART IV

CONDUCT OF
PASSENGERS

21. Compliance with notices ..... ....... ... ... ... ... ... B 8
22. Feet not to be placed on seats ............... . ... ... ... ... B 8

23. Smoking prohibited ... .. ... ... ... ... ... ... ... ... ... ... ... B 8
24. Spitting, etc. prohibited ... ... ... ... ... ... ... ... ... . B 8
25. Passengers not to cause a nuisance ... ... ... ... ... ... ... ... ... ... B 8
26. Musical instruments etc. prohibited ... ... . ... ... ... ... ... ... ... B 8
27. Prohibitionon taking certain luggage, etc. and consumption of food or
beverage ... ... ... ... ... ... ... ... . ... ... ... ... ... ... B 9
28. Animals prohibited on railway premises ... ... ... ... ... ... ... ... ... B 9





By-law ................ Page
PART V

HAWKERS, LOITERERS AND BILL POSTING

29. Soliciting for luggage handling. aims, etc. ... ... - . ... ... ... ... B 9

30..............Hawking prohibited ........ ... ... ... ... ... ... ... ... B 9
31..............Loitering prohibited ......... ... ... ... ... ... ... ... ... B 9

32................Bill posting etc. prohibited ... ... ... ... ... ... ... ... ... ... ... B 9

PART VI

MOTION VEHICLES ON RAILWAY PREMISES

33...........................Motor vehicles not to be left on railway premises ... ... ... ... ... B 9

34.........................Dealing with vehicles left on railway premises ... ... ... ... ... ... ... B 10

35.......................Vehicle drivers to comply with signs etc . ... ... ... ... ... ... ... ... B 10

36..............Dangerous driving ......... ... ... ... ... ... ... ... ... ... ... B 10

37. Vehicles prohibited on certain parts of railway premises ... ... ... ... ... B 10

PART VII

FIREARMS, ETC.

38.........Firearms ............................. ... ... ... ... ... ... B 11

39............Dangerous goods ............. ... ... ... ... ... ... ... ... ... ... B 11

PART VIII

LOST PROPERTY

40. Lost property .............. ... ... ... ... ... ... ... ... ... ... B 11

41. Disposal of lost property..... ... ... ... ... ... ... ... ... ... ... ... B 11

PART IX

ENFORCEMENT AND PENALTIES

42. Removal of persons from railway premises ... ... ... ... ... ... ... ... B 12

43..............Offences and penalties .... ... ... ... ... ... ... ... ... ... ... ... B 12

44..................Saving of Corporation's rights ... ... ... ... ... ... ... ... ... ... B 12

45............Liability of staff ................ ... ... ... ... ... ... ... ... ... B 12

Schedule. Penalties....................... ... ... ... ... ... ... ... ... ... ... B 12





MASS TRANSIT RAILWAY BY-LAWS
(Cap. 270, section 25)
[29 September 1986]

PART 1

PRELIMINARY

Y

1. These by-laws may be cited as the Mass Transit Railway By-
laws.

2. In these by-laws, unless the context otherwise requires--

'Conditions of Issue' means the conditions of issue of tickets for travel
upon the railway published from time to time by the Corporation
and posted at its stations;

'fare' means the fare payable by any passenger to whom or on whose
behalf a ticket is issued by or on behalf of the Corporation for use
on the railway;

official' means any person duly authorized to act on behalf of the
Corporation;

.,paid area' means that part of the railway premises--

(a) set aside for the use of fare-paying passengers, and

(b)provided with ticket gates, barriers or turnstiles for the
purposes of entry or exit;

'passenger' means a person to whom or on whose behalf a ticket is
issued and who is lawfully within the paid area during the hours of
business of the Corporation-;

'railway' means the railway or any part thereof known as the Mass
Transit Railway operated by the Corporation;

'surcharge' means such amount, not exceeding an amount equal to fifty
times the maximum adult single fare at the time the surcharge is to
be paid, as may be specified in the Conditions of Issue;

'ticket' means any form of ticket, pass or permit from time to time issued
by the Corporation, or by persons duly authorized by the
Corporation, for travel on the railway,

'ticket office' means an office operated by or on behalf of the
Corporation which is duly authorized to issue a ticket,

'train' means any train (or carriage or compartment thereof) owned by
or in the possession of the Corporation.





PART II

TRESPASS AND DAMAGE TO RAILWAY PREMISES

3. (1) The Corporation reserves the right to refuse to admit
any person onto the railway premises or any part thereof at any
time.

(2) The Corporation may open or close any entrance to or exit
from any station or platform or any other part of the railway
premises at such times as it considers expedient without incurring
any liability to any person for any loss or damage however arising as
a result thereof.

4. (1) No person, unless otherwise authorized by the Cor-
poration, shall--

(a)enter into or upon any part of the railway premises, other
than those parts clearly defined by means of notices,
indicators and other directions for the use of persons using
the railway; or

(b)enter or leave such parts other than by proper use of such
gates, barriers or turnstiles (if any) provided for such entry
or exit.

(2) Any person who, being without lawful excuse on railway
premises (or a particular part thereof) or being in breach of these
by-laws, refuses to leave the same on being requested so to do by any
official may be immediately removed therefrom without prejudice to
any penalty or surcharge which may be imposed in accordance with
these by-laws.

(3) A person shall be responsible for any injury, loss or
damage caused to the Corporation's property or staff or to any other
person or property by such person or by any article or animal
brought by him onto the railway premises and he shall indemnify the
Corporation from and against any liability to any other person
resulting therefrom.

5. No person shall improperly touch, use, meddle, damage or
otherwise interfere with---

(a)any machine or equipment, or any part thereof, used or
employed in or upon any part of the railway premises;

(b)any locomotive, train, carriage, truck or any other con-
veyance or any equipment thereon used or employed on or
in connexion with the railway..

(c)any electrical plant, overhead wiring or other form of
electrical installation or equipment of any nature what-
soever used or employed in or upon any part of the
railway.





6. No person shall permit or suffer any sewage, drainage or other
offensive matter to flow onto or enter or be placed on any part of the
railway premises.

7. No person shall deposit or throw, or cause to be deposited or
thrown, at, on or from the railway premises any glass. stone, missile or
any rubbish or other offensive or waste matter.

8. No person, unless otherwise authorized by the Corporation, shall
activate any emergency or safety device on the railway premises save
for the express purpose for which the same is provided and in
accordance with the instructions printed thereon.

9. No person, unless otherwise authorized by the Corporation, shall
enter or leave or attempt to enter or leave any train after the doors have
commenced to close.

PART 111

FARES AND TICKETS

10. (1) All tickets issued by or on behalf of the Corporation are
issued subject to these by-laws and to the Conditions of Issue.

(2) Any person to whom or on whose behalf a ticket is issued or
who otherwise acquires a ticket shall be deemed to have knowledge of
and to have agreed to these by-laws and to the Conditions of Issue.

11. The fares appearing in notices. lists or tables published from
time to time by the Corporation and posted at stations are the authorized
fares for travel upon the railway.

12. (1) The Corporation does not warrant that a passenger will be
conveyed on any particular train or that any train shall depart or arrive
at a particular time or times or that the issue of a ticket will be completed
before the departure of any train and the Corporation will not be liable to
any person for any loss or damage arising from any delay or detention
caused by the alteration, suspension or withdrawal of the Corporation's
train services (or a part thereof) for any reason whatsoever.

(2) The Corporation may at its discretion and without being liable
to any person for any loss or damage caused thereby

(a)suspend or discontinue the issue of tickets whether issued
from a ticket office or by an automatic vending machine;

(b)despatch any train from a station before the arrival of any
other train without affording the passengers in the arriving
train an opportunity to alight and board the departing train;
and





(c)suspend, discontinue or otherwise withdraw all or any train
services from any station on any day or suspend., discontinue
or withdraw the running of any train or alter the times of
departure or ai-rival of any train.

13. (1) No person who is the holder of a ticket shall enter, leave or
travel upon the railway otherwise than in accordance with the
Conditions of Issue.

(2) Every passenger shall leave the paid area within such period as
may be prescribed in the Conditions of Issue failing which he shall,
where he has no reasonable excuse for remaining within the paid area
after the expiry of such period, pay the maximum fare for a single
direction journey on the railway as specified in the Conditions of Issue.

14. No person shall, without lawful authority or reasonable excuse--

(a)enter or leave, or attempt to enter or leave, the paid area; or

(b) travel or attempt to travel upon any part of the railway.

without first paying his fare and obtaining the appropriate ticket and
using that ticket by inserting it into an automatic gate on entering or
leaving the paid area or otherwise producing it and delivering it up to an
official.

15. (1) If a person (other than a person who is under the age of 3
years) is within the paid area--

(a) without a ticket;

(b)with a ticket improperly damaged, altered or interfered with,

(c) with a ticket that has expired; or

(d)with a child/student ticket when he is not a child or student,

he shall be regarded as not having paid his fare and shall be liable

C_

both to pay a surcharge and to deliver up his ticket (if any) to an
official.

(2) For the purposes of paragraph (1)-

(a)a ticket shall expire in such circumstances as are provided for
in the Conditions of Issue.,

(b)the expressions 'Student- and 'child' shall have the meanings
respectively ascribed to them in the Conditions of Issue.

(3) Any person who has paid a surcharge or delivered up his ticket
pursuant to the provisions of this by-law shall be entitled to apply in
writing to the Chairman or Managing Director of the





Corporation (or their appointed nominee) for a review of the
circumstances in which he became liable to a surcharge or to deliver
up his ticket and the said Chairman or Managing Director (or
appointed nominee) upon the conclusion of such review may at his
absolute discretion reject such application or may authorize repay-
ment of the whole or any part of the surcharge or the remaining
value on the delivered up ticket.

(4) Without prejudice to paragraph (1), any person holding a
ticket who travels beyond a station for which that ticket is valid shall
be liable to pay the excess fare specified in the Conditions of Issue.

16. (1) A passenger should examine his ticket and any change
tendered before leaving any ticket office and the Corporation shall
not be liable for any error or omission not drawn to its attention at
the time of issue of the ticket.

(2) A passenger using an automatic vending machine shall
insert not less than the appropriate fare in legal tender for the
purchase of a ticket. No passenger shall be entitled to any refund of
any amount in excess of the appropriate fare inserted into an
automatic vending machine.

(3) The amount (including a nil amount) from time to time
encoded on a ticket shall be conclusive evidence of the amount paid
in respect of such ticket and of the value (if any) remaining in such
ticket.

(4) Any person who is requested to do so by an official shall
produce to that official acceptable proof of his entitlement to any
special type of ticket.

17. (1) All tickets shall remain the property of the Corpora-
tion and must be produced at any time within the railway premises
on demand by any official.

(2) No person shall, without reasonable excuse, fail or refuse
at the end or sooner determination of his journey (or series of
journeys in the case of a multiple journey or stored value ticket) to
deliver up his ticket to the Corporation.

(3) Any person who contravenes paragraph (2) shall be re-
garded as not having paid his fare and shall be liable to pay a surcharge.

18. (1) No person shall improperly do anything to or with a
ticket whereby-

(a)the coded data thereon is erased wholly or in part, or is
otherwise altered or interfered with; or

(b) the ticket is otherwise damaged.

(2) No person shall use or attempt to use a ticket which has
been improperly altered, damaged or interfered with for the purpose
of entering or leaving the paid area or travelling upon the railway.





19. No person shall, prior to leaving the paid area, fail or
refuse to pay any fare, surcharge or other sum leviable in accordance
with these by-laws.

20. (1) A ticket may only be refunded or exchanged at the
discretion of the Corporation. Any such exchange or refund may be
subject to the deduction of an administration charge prescribed in
the Conditions of Issue.

(2) The form of any refund shall be at the discretion of the
Corporation.

(3) The Corporation shall not be liable to issue a ticket in
replacement of a lost or unused ticket nor will it be liable to make
a refund In respect of any such lost or unused ticket or in respect
of a surcharge charged to any passenger in accordance with these
by-laws.

PART IV

CONDUCT OF PASSENGERS

21. (1) Every person while on the railway premises shall
comply with all notices, indicators and all reasonable directions and
requests of any official.

(2) Without prejudice to paragraph (1), if an official deter-
mines that a train is full, no person shall enter or remain therein if
directed by such official not to do so.

22. No person shall place his feet on any scat in any part of the
railway premises.

23. No person shall smoke or carry a lighted pipe, cigar or
cigarette in the paid area, or in any other part of the railway
premises where smoking is prohibited by notice.

24. No person shall-

(a) spit on any part of the railway premises; or

(b)place or throw any litter upon the railway premises, except
into receptacles provided for that purpose.

25. No person shall conduct himself on any train or in any part
of the railway premises so as to cause a nuisance or annoyance to
other passengers.

26. No person, unless authorized in writing by the Corpora-
tion, shall play or attempt to play a musical instrument. radio,
cassette recorder or similar device upon any part of the railway
premises.





27. No person shall-

(a)bring into or upon the railway premises any luggage,
article or other thing which cannot be carried or otherwise
accommodated on the railway without risk of damage to
railway property or without causing a nuisance or incon-
venience to other persons using the railway; or

(b)consume or attempt to consume any food or beverage
(whether alcoholic or non-alcoholic) within a train or the
paid area.

28. No person shall bring any animal or other livestock into or
upon any part of the railway premises (provided that this restriction
shall not apply to a guide dog accompanying a blind person).

PART V

HAWKERS, LOITERERS AND BILL POSTING

29. No person shall on the railway premises solicit engagement
in or for the handling or moving of passengers' luggage or shall
solicit alms or advantage of any description.

30. No person, unless authorized in writing by the Corpora-
tion, shall sell or expose or offer for sale any goods, wares or services
in or upon any railway premises, and sections 86, 86A, 86C and 86D
of the Public Health and Municipal Services Ordinance shall apply
to an offence under this by-law as if such offence were a hawker
offence within the meaning of section 83 of that Ordinance.

31. No person not being a passenger or other person having
business in or in connexion with the railway shall loiter in or about
any part of the railway premises.

32. No person unless authorized in writing by the Corpora-
tion, shall-

(a)post, stick, paint or write or cause to be posted, stuck,
painted or written any placard, bill, advertisement or any
other matter; or

(b)distribute any book, leaflet or other printed matter or any
sample or other article,

on any part of the railway premises.

PART VI

MOTOR VEHICLES ON RAILWAY PREMISES

33. Except with the written permission of the Corporation, no
person shall leave or cause to be left any motor car or other vehicle
on any part of the railway premises or on any station approach road
or entrance being under the control of the Corporation.





34. (1) The Corporation may in such manner as it thinks fit remove
and detain any motor car or other vehicle in respect of which a
contravention of by-law 33 is committed and may charge the owner or
driver thereof all costs and expenses occasioned by and incidental to
such removal and detention without prejudice to any penalty incurred
by the contravention of that by-law.

(2) As soon as practicable after a vehicle has been detained under
paragraph (1), the Corporation shall serve on the registered owner (as
defined in the Road Traffic Ordinance) of the vehicle a notice informing
him

(a)of the detention of the vehicle and the place of detention; and

(b)that, unless the vehicle is removed from the place of detention
on payment of any costs and charges within 14 days after the
service of the notice on him, the vehicle shall become the
property of the Corporation free from the rights of any person
and may be disposed of by the Corporation by sale or
otherwise.

(3) If a vehicle is not removed in accordance with the notice served
under paragraph (2), the vehicle shall become the property of the
Corporation free from the rights of any person and may be disposed of
by the Corporation by sale or otherwise as it thinks fit.

(4) If, within 6 months after the day on which a vehicle is sold
pursuant to paragraph (3), any person satisfies the Corporation that at
the time the vehicle became the property of the Corporation by virtue of
that paragraph, he was the owner of the vehicle, the Corporation shall
pay to such person the balance of the proceeds of sale after deducting
any costs and charges of removal and detention and any reasonable
charges incurred by the Corporation in respect of the sale of the vehicle.

(5) A notice under paragraph (2) may be served personally or by
post.

(6) For the purpose of this by-law 'vehicle' includes the contents
of a vehicle and any load carried by a vehicle.

35. Vehicle drivers shall while in or upon any part of the railway
premises obey all traffic signs and signals and the reasonable
instructions and directions of any official.

36. No person shall drive any motor car or other vehicle through,
into or upon any part of the railway premises at a rate of speed or in a
manner liable to involve danger to others.

37. No person shall drive any motor car or other vehicle upon or
along any part of the railway premises set apart for the exclusive use of
pedestrians.





PART VII

FIREAMS, ETC.

38. No person not being a member of Her Majesty's forces., a police
officer, a member of the Customs and Excise Service or an officer of the
Independent Commission Against Corruption shall carry or have with
him on any railway premises any arms or ammunition.

39. No person not being an official duly authorized in that behalf
shall bring onto any part of the railway premises any substance or other
thing which is subject to the provisions of the Dangerous Goods
Ordinance.

PART VIII

LOST PROPERTY

40. Every person who finds any lost property in or upon any part of
the railway premises shall hand over the same to an official at the
nearest station, and no person other than an official shall remove from
any train or carriage any property lost or left behind therein, save for the
purpose of handing over the same forthwith to an official.

41. (1) All lost property which comes into the possession of the
Corporation shall be dealt with as follows

(a)perishable, noxious or otherwise offensive goods or articles
may be disposed of by the Corporation as soon as practicable
after they have come into its possession by sale or otherwise
as it sees fit;

(b)all other goods or articles shall be retained by the Corporation
for a period of 3 months after they have come into its
possession and, if at the end of that period they remain
unclaimed, they shall be deemed to become the property of the
Corporation free of all other rights and encumbrances, and it
may dispose of them by sale or otherwise as it sees fit.

(2) If within a period of 6 months of any sale or disposal by the
Corporation under paragraph (1)(a) or (b) the former owner or the
person formerly entitled to the beneficial ownership of the goods can
establish his ownership to the satisfaction of the Corporation, he shall
be paid, subject to his providing the Corporation with an indemnity in
such form as the Corporation may reasonably require, the proceeds of
sale (if any) less all expenses incurred by the Corporation of and
incidental to such sale or disposal.





(3) Save as provided in paragraph (2), the Corporation shall incur
no liability whatsoever to any person in respect of lost property as
bailees or otherwise and no claim for damages or compensation shall be
brought against it by any person in respect of the same.

PART IX

ENFORCEMENT AND PENALTIES

42. (1) Any person who is reasonably suspected of committing or
attempting to commit any breach of these by-laws shall produce proof
of his identity to an official for inspection when required to do so by
such official.

(2) Every official shall have the power to remove (if necessary by
the use of reasonable force) from the railway premises any person whom
he reasonably suspects of committing or attempting to commit any
breach of these by-laws; and in the case where such breach is an
offence as herein provided he shall have power to detain such person
until he can be delivered into the custody of a police officer to be dealt
with according to law.

43. A person who contravenes a by-law set out in the first column
of the Schedule commits an offence and is liable to the penalty set out in
the third column of that Schedule opposite the reference to that by-law.

44. (1) Nothing in these by-laws and no prosecution or step or
action hereunder shall bar any further or other claim for damages or
other remedy or relief available to the Corporation against any person.

(2) Any sum leviable by or payable to the Corporation under these
by-laws or howsoever otherwise (Including., without limitation, any fare,
excess fare or surcharge) whether by way of debt, damages, costs, loss,
expense or otherwise shall be receivable by the Corporation or its lawful
agents as a debt due on demand and shall be enforceable as a civil debt.

45. The acceptance of a ticket by a passenger or person shall be
conclusive evidence of his agreement that each and every limitation and
exemption from liability afforded to the Corporation by these by-laws
shall extend to each official, servant or agent of the Corporation.

SCHEDULE [by-law
43.]

PENALTIES

By-law Summary of offence Penalty

4. Trespass S 1,000 fine.

5. Damage to railway premises, plant and S3,000 fine.
equipment





By-law Summary of offence Penalty

6. Sewage placed on railway premises S 1,000 fine.
7. Depositing or throwing of rubbish, etc. S5,000 fine and 6 months
imprisonment.
8. Improper use of emergency equipment S3,000 fine.
9. Wrongfully entering or leaving train 51,000 fine.
14. Entry and travel without a ticket S3.000 fine.
17(1). Failure to produce ticket S3,000 fine.
17(2). Failure to hand in tickets S3,000 fine.
18(1). Damaging a ticket S5,000 fine and 6 months
imprisonment.
18(2). Using a damaged ticket S5,000 fine and 6 months
imprisonment.
19. Failure to pay fares. etc. $3,000 fine.
21. Non-compliance with notices, etc. $1,000 fine.
22. Feet placed on seats SLOW fine.
23. Smoking $2,000 fine.
24. Spitting and litter SLOW fine.
25. Passenger causing a nuisance $5,000 fine and 6 months
imprisonment.
26. Playing musical instruments. etc. S1,000 fine.

27(a). Bringing prohibited items of luggage, etc. $1,000 fine.

27(b). Consumption of food or beverage SI $1,000 fine.

28. Bringing animals S 1,000 fine.
29. Soliciting, etc. $5,000 fine and 6 months
imprisonment.
30. Hawking $5,000 fine and 6 months
imprisonment.
31. Loitering S1,000 fine and 3 months
imprisonment.
32. Bill posting, etc. $5,000 fine and 6 months
imprisonment.
33. Motor vehicles left on railway premises $1,000 fine.
35. Failure of vehicle driver to comply with S 1,000 fine.
signs
36. Dangerous driving $5,000 line and 6 months
imprisonment.
37. Vehicles on certain parts of railway S5.000 fine.
premises
38. Firearms S5.000 fine.
39. Dangerous goods S5.000 fine,
40. Failure to hand in lost property S1,000 fine.
L.N. 175/86. Citation. Interpretation. Admission. Trespass. Damage to railway premises, trains, plant and equipment. Sewage etc. not to be placed on railway premises. Rubbish etc. not to be thrown on or from railway premises. Improper use of emergency equipment. Wrongfully entering or leaving trains. Conditions of issue of tickets. Fares. Tickets contain no warranty or acceptance of liability. Compliance with conditions of Issue. Entry and travel prohibited without ticket. Travel where ticket is lost, damaged or expired. Passengers should examine tickets and change. Handing in of tickets. Damaging etc. a ticket. Failure to pay fares, etc. Exchanges and refunds. Compliance with notices. Feet not to be placed on seats. Smoking prohibited. Spitting, etc. prohibited. Passengers not to cause a nuisance. Musical instruments etc. prohibited. Prohibition on taking certain luggage, etc. and consumption of food or beverage. Animals prohibited on railway premises. Soliciting for luggage handling, alms, etc. Hawking prohibited. (Cap. 132.) Loitering prohibited. Bill posting etc. prohibited. Motor vehicles not to be left on railway premises. Dealing with vehicles left on railway premises. (Cap. 374.) Vehicle drivers to comply with signs etc Dangerous driving. Vehicles prohibited on certain parts of railway premises. Firearms. Dangerous goods. (Cap. 295.) Lost property. Disposal of lost property. Removal of person from railway premises. Offences and penalties. Schedule. Saving of Corporation's rights. Liability of staff.

L.N. 175/86. Citation. Interpretation. Admission. Trespass. Damage to railway premises, trains, plant and equipment. Sewage etc. not to be placed on railway premises. Rubbish etc. not to be thrown on or from railway premises. Improper use of emergency equipment. Wrongfully entering or leaving trains. Conditions of issue of tickets. Fares. Tickets contain no warranty or acceptance of liability. Compliance with conditions of Issue. Entry and travel prohibited without ticket. Travel where ticket is lost, damaged or expired. Passengers should examine tickets and change. Handing in of tickets. Damaging etc. a ticket. Failure to pay fares, etc. Exchanges and refunds. Compliance with notices. Feet not to be placed on seats. Smoking prohibited. Spitting, etc. prohibited. Passengers not to cause a nuisance. Musical instruments etc. prohibited. Prohibition on taking certain luggage, etc. and consumption of food or beverage. Animals prohibited on railway premises. Soliciting for luggage handling, alms, etc. Hawking prohibited. (Cap. 132.) Loitering prohibited. Bill posting etc. prohibited. Motor vehicles not to be left on railway premises. Dealing with vehicles left on railway premises. (Cap. 374.) Vehicle drivers to comply with signs etc Dangerous driving. Vehicles prohibited on certain parts of railway premises. Firearms. Dangerous goods. (Cap. 295.) Lost property. Disposal of lost property. Removal of person from railway premises. Offences and penalties. Schedule. Saving of Corporation's rights. Liability of staff.

https://oelawhk.lib.hku.hk/items/show/3057

MASS TRANSIT RAILWAY REGULATIONS

MASS TRANSIT RAILWAY REGULATIONS

(Cap. 270, section 24)

[28 September 1979.]

These regulations may be cited as the Mass Transit
Railway Regulations

2. (1) An accident is notifiable under regulation 4 if it occurs on a
part of the railway which has commenced operation for public use and

(a)as a result thereof any person dies or suffers serious injury; or

(b) it involves a train-

(i) colliding with, or striking against, another train or any
other object; or

(ii) leaving the rails,

and doing so either on a line used for the carriage of
passengers or in circumstances where the normal operation of
such a line is affected.

(2) For the purposes of paragraph (1) a person suffers serious
injury if he suffers amputation of a limb, a fracture or dislocation,

U

*A

W. R

An

internal injuries, loss of an eye, burns or any other injury of a kind which
results in his being admitted to a hospital immediately following the
accident for observation or treatment.

3. Every occurrence described in the Schedule is notifiable under
regulation 4 if it occurs on a part of the railway which has commenced
operation for public use.

4. (1) The Corporation shall give notice to the Chief Secretary of
every accident which is notifiable under regulation 2 and occurrence
which is notifiable under regulation 3.

(2) The Corporation shall also supply to the Chief Secretary such
further information concerning such an accident or occurrence as he
may require it to furnish to him.

(3) Notice shall be given under paragraph (1) as follows-

(a)in the case of an accident which is notifiable under regulation
2, immediately after the occurrence it shall be reported by word
of mouth (which includes such a report by means of a
telephone) to the Chief Secretary or to any other public officer
he may appoint for the purposes of this subparagraph;

(b)as soon as is practicable after the accident or occurrence, a
written report, in such form as the Chief Secretary may from
time to time determine, shall be completed and delivered to the
office of the Chief Secretary.





5. (1) Where an accident or occurrence which is notifiable
under these regulations has occurred, the Chief Secretary may direct
an inspector to investigate the same.

(2) The paramount purpose of such an investigation is to deter-
mine the circumstances and causes of the accident or occurrence
with a view to avoiding similar accidents or occurrences in the future,
rather than to ascribe blame therefor to any person.

(3) The Chief Secretary may in place of any inspector directed
to carry out an investigation under paragraph (1) direct another
inspector to proceed with the investigation, and in that case the
investigation may be continued as if the change had not occurred.

(4) The inspector shall, on completion of an investigation,
make a report to the Chief Secretary who shall cause the contents
thereof to be brought to the attention of the public in such manner
as he thinks fit.

(5) A report shall state the circumstances of the accident or
occurrence and conclusions as to its cause and any observations and
recommendations which the inspector thinks necessary for the avoid-
ance of similar accidents or occurrences.

6. An inspector may, for the purpose of investigating an
accident or occurrence pursuant to regulation 5, in addition to his
powers under the Ordinance-

(a)by summons under his hand call before him such persons
as he thinks fit;

(b)examine any such person and require him to answer any
question or to give any information or to produce any
document or article which the inspector thinks may be
relevant to the investigation;

(c)permit any person to appear before him to give any such
information or produce any such document or article;

(d)retain any such document or article until the completion
of the investigation;

(e)require any person to make and sign a statutory declaration
as to the truth of any statement made by him;

remove, or take measures for the preservation of, any
machinery, plant or equipment for the purpose of making
any test or inspection;

(g)take such measures as may be necessary for the preservation
of evidence.

7. (1) Every investigation by an inspector shall be held in
private.

(2) A person summoned as a witness at any investigation shall
be allowed such expenses as the Financial Secretary may determine.





(3) The answer given by a person to any question put to him for
the purposes of an investigation shall not be admissible against that
person in any civil or criminal proceedings by or against him except
where he is charged with perjury or with an offence under regulation 8.

8. Any person who-

(a)without lawful excuse fails to answer a summons under
regulation 6(a) or to comply with a requirement under
regulation 6(b) or (e);

(b)knowingly furnishes to an inspector acting under these
regulations information that is false or misleading in a material
particular;

(c)obstructs an inspector in the exercise of his powers under
these regulations,

commits an offence and is liable to a fine of 55,000 and to imprisonment
for 6 months.

9. The Corporation shall-

(a)prepare and revise from time to time as may be necessary, a
manual or manuals of instructions setting out the practices and
procedures to be observed to ensure the safe operation of the
railway;

(b)ensure that every person who is engaged in the operation of
the railway, whether as an employee, or as a contractor or
agent of the Corporation, is made fully aware of the functions
and duties imposed on him by the said instructions, and is
provided with every manual in which those instructions are
contained and such replacements thereof as may be
necessary;

(c)furnish to the Chief Secretary such number of copies of every
manual of instructions, and all amendments thereto, as he may
require.

SCHEDULE [reg. 3.1

NOTIFIABLE
OCCURRENCES

PARTI

Occurrences directly affecting persons

1 Any accident connected with the operation of the railway or with the
maintenance thereof, not being an accident which is notifiable under regulation
2, as a result of which an employee of the Corporation or of a contractor with
the Corporation is unable, for a period exceeding 3 days immediately after the
accident, to fully carry out his normal duties.

2. Any occurrence, not coming within paragraph 1, in which a person-

(a)falls off a platform or crosses a line whether or not he is struck by a
train;

(b) falls out of a carriage during the running of a train;





(c) falls between a train and a platform;

(d)comes into contact with live overhead electric traction wires or
other live electrical equipment;

(e)suffers injury, which is reported to the Corporation, by the opening
or closing of carriage doors at a station or by the operation of an
escalator, lift or moving path used by the public as part of the
railway;

(f)suffers injury, which is reported to the Corporation, as the result of
any action of an employee of the Corporation, or of a contractor
with the Corporation.

PART 11

Occurrences affecting railway premises, plant and equipment

1 Any failure of an axle, wheel or tyre on a train, including tyres unfit to run.

2.Any failure of any part of a power unit on a train which endangers or could
endanger the safe operation of the railway.

3.Any fire, severe electrical arcing or fusing on a train or on any part of the
railway or on any part of the railway premises or on premises occupied or used
by the Corporation in the running of the railway.

4. Any accidental division of a train.

5. Any fracture of a rail in the permanent way.

6. Any buckling of a running track.

7.Any failure of a tunnel, bridge or elevated section or any part of the same
which endangers or could endanger the safe operation of the railway.

8.Any flooding of any part of the permanent way which endangers or could
endanger the safe operation of the railway.

9. The loss of control of any passenger escalator, lift or moving path.

10.Any failure of a signal structure or of any part of the fixed electrical equipment
which endangers or could endanger the safe operation of the railway.

11. The accidental entry of any road vehicle on to the permanent way.

12.Any other failure of the permanent way or of any machinery, plant or
equipment which endangers or could endanger the safe operation of the railway.
L.N. 232/79. Citation. Accidents which are to be notified. Other occurrences which are to be notified. Schedule. Notification of accidents and other occurrences. Chief Secretary may direct inspector to investigate. Powers of inspectors in relation to investigation of accidents or other occurrences. Further provisions as to investigations. Obstruction and failure to supply information. Corporation to prepare and issue operating manuals.

L.N. 232/79. Citation. Accidents which are to be notified. Other occurrences which are to be notified. Schedule. Notification of accidents and other occurrences. Chief Secretary may direct inspector to investigate. Powers of inspectors in relation to investigation of accidents or other occurrences. Further provisions as to investigations. Obstruction and failure to supply information. Corporation to prepare and issue operating manuals.

https://oelawhk.lib.hku.hk/items/show/3056

MASS TRANSIT RAILWAY CORPORATION ORDINANCE

LAWS OF HONG KONG

MASS TRANSIT RAILWAY CORPORATION ORDINANCE

CHAPTER 270





CHAPTER 270

MASS TRANSIT RAILWAY CORPORATION
ORDINANCE

ARRANGEMENT OF SECTIONS

Section ................................. Page

PART 1

PRELIMINARY

1. Short title................................. ... ... ... ... ... ... ... 3
2. Interpretation.............................. ... ... ... ... ... ... ... 3

PART I

INCORPORATION AND
POWERS

3. Corporation established.................... ... ... ... ... ... ... ... 4

4. Board of the Corporation ............... ... ... ... ... ... ... ... 4
5. Proceedings of the Board ............... ... ... ... ... ... ... ... 5

6. General powers of Corporation .......... ... ... ... ... ... ... ... 5
7. Appointment of staff and advisers ...... ... ... ... ... ... ... ... 6

8. Staff benefits ............................ ... ... ... ... ... ... ... 6

9. Documents of Corporation ............... ... ... ... ... ... ... ... 7

PART 111

FINANCIAL

10..................Capital of Corporation .... ... ... ... ... ... ... ... ... ... 7

11.........................Power to borrow and to issue stock, etc . ... ... ... ... . 1 . ... ... 8

12..................Guarantee by Government ... ... ... ... ... ... ... ... ... ... 8

13...........................Corporation to act on commercial principles ... ... ... ... ... ... 9

14.............Reserve funds .................. ... ... ... ... ... ... ... ... 9

15...........Investment ....................... ... ... ... ... ... ... ... ... 9

16......................Accounts, audit and annual report ... ... ... ... ... ... ... ... 9

17..................Initial debt to Government ... ... ... ... ... ... ... ... ... ... 10

PARTIV

GENERAL

18...........................Corporation not servant or agent of Crown ... ... ... ... ... ... 10

19......................Governor may obtain information ... ... ... ... ... ... ... ... 11
20......................Governor in Council may give directions ... ... ... ... ... ... ... 11

21..................Certain laws not to apply ... ... ... ... ... ... ... ... ... ... 11

22................Avoidance of doubt .......... ... ... ... ... ... ... ... ... ... 11







23.........................Corporation may prosecute in its name ... ... ... ... ... ... ... 11

PART IVA

SAFETY OF RAILWAY

23A. Appointment of inspectors ... ... ... ... ... ... ... ... ... ... ... 12
23B. General powers of inspectors ... ... ... ... ... ... ... ... ... ... 12
23C. Chief Secretary may order that defects be remedied ... ... ... ... ... 13
23D. Offence of negligent act or omission by employee ... ... ... ... ... ... 14
23E. Offence of wilfully endangering safety ... ... ... ... ... ... ... ... 14





Section Page
PART V
REGULATIONS AND BY-LAWS
24. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14
25. By-laws ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... is
26. Further powers in relation to regulations and by-laws ... ... ... ... ... 15
27. Seizure and forfeiture of hawker's equipment and commodities ... ... ... is

PART VI
REPEAL AND TRANSITIONAL
28........Repeal .............................. ... ... ... ... ... ... ... ... 16
29...................Transfer of assets and liabilities ... ... ... ... ... ... ... ... ... 16
30...................Other transitional provisions ... ... ... ... ... ... ... ... ... 16

Schedule........................................ ... ... ... ... ... ... ... ... 17





CHAPTER 270

MASS TRANSIT RAILWAY CORPORATION

To establish a corporation for the construction and operation of a
mass transit railway in Hong Kong, to assume the functions, assets
and liabilities of the Mass Transit Railway Provisional Authority,
to make certain provision as to the safe operation of the said
railway, including provision fir inspection and the in investiga- of
accidents, and for connected purposes.

(Amended, 58 of 1979, s. 2)

[26 September 1975.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Mass Transit Railway
Corporation Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'Board' means the Board provided for by section 4(1);

'Chairman' means the Chairman of the Board;

'Corporation' means the Mass Transit Railway Corporation established
by section 3(1);

'financial yea?' means

(a)the period between the commencement of this Ordinance and
the 31 December 1975 (inclusive) and thereafter,

(b)each succeeding period of 12 months ending on 31 December;

'inspector' means a person appointed as an inspector under section
23A(1); (Added, .58 of 1979, s. 2)

'Mass Transit Railway' and 'railway' mean the railway, or any part
thereof, known as the Mass Transit Railway, intended to be set up
in pursuance of the transport policy of the Govern-

'member' means a member of the Board;

'Provisional Authority' means the Mass Transit Railway Provisional
Authority established by section 3(1) of the Mass Transit Railway
Provisional Authority Ordinance 1974;

'railway premises- means

(a)any area, space or building occupied by the Corporation
which is designed, equipped or set apart for the carriage of
passengers by train or for affording facilities incidental to the
carriage of passengers by train; and

(b) any train on railway premises.





(2) References in this Ordinance to constructing the railway are
references to undertaking every stage of the process beginning with its
design and planning and ending when it is brought into operation.

PART II

INCORPORATION AND POWERS

3. (1) There is hereby established a body corporate, to be known as
the Mass Transit Railway Corporation.

(2) The purposes of the Corporation are-

(a)to construct the Mass Transit Railway and to operate it having
regard to the reasonable requirements of the public transport
system of Hong Kong;

(b)to engage in such other activities, and to perform such
functions, as the Governor may, after consultation with the
Corporation, permit or assign to it by order published in the
Gazette.

(3) The Corporation shall have perpetual succession and a common
seal and be capable of suing and being sued and of doing and suffering
all such other acts and things as bodies corporate

C_

may lawfully do and suffer.

4. (1) The Corporation shall have a Board comprising-

(a) a Chairman appointed by the Governor;

(b) the Managing Director appointed under section 7(2); and

(c)not less than 4 nor more than 8 other members appointed by
the Governor.

(2) Subject to sections 7(1) and 20, the Board is the governing body
of the Corporation with authority, in the name of the Corporation, to
exercise and perform the powers, functions and duties conferred or
imposed on the Corporation by or under this Ordinance.

(3) The Chairman shall be appointed for such term as the Governor
thinks fit and any member appointed under subsection (1)(c) who is not
a public officer shall be appointed for a term not exceeding 3 years.

(4) The Chairman and any member appointed under subsection
(])(c) who is not a public officer may, upon the expiry of his term of
appointment, be reappointed and may before the expiry thereof--

(a) resign his office by notice to the Governor; or

(b)be removed therefrom by the Governor for permanent
incapacity or other sufficient cause (as to the existence of
which the Governor's decision shall be final);





and upon such resignation or removal the term for which he was
appointed under this section shall be deemed to have expired.

(5) A public officer appointed to an office under this section
shall hold the same at the pleasure of the Governor but he may-

(a)at any time resign such office by notice to the Governor;
and

(b) be appointed thereto more than once.

(6) Where a member is precluded by temporary incapacity or
other cause from exercising his functions as such for any period (as
to which the Governor's decision shall be final) the Governor may
appoint another person to act as a member during such period
with all such rights, powers, duties and liabilities as if he had been
appointed under subsection (1).

(7) A member may be paid such fees and expenses as the share-
holders think fit.

5. (1) Five members shall form a quorum at any meeting of
the Board.

(2) At any meeting of the Board the Chairman or in the absence
of the Chairman such other member as the members present may
select shall preside.

(3) Every question arising at any meeting of the Board shall
be decided by a majority of votes of the members present and voting
thereon and in the event of an equality of votes the member presiding
shall have a casting vote in addition to his ordinary vote.

(4) Subject to this Ordinance, arrangements relating to meetings
of the Board, and the procedure thereat, shall be such as the Board
may determine.

(5) If a member is in any way directly or indirectly interested
in a contract made or proposed to be made by the Corporation-

(a)he shall disclose the nature of his interest at a meeting of
the Board;

(b)the disclosure shall be recorded in the minutes of the Board;
and

(c)the member shall not, without the permission of the Chair-
man, take any part in any deliberation of the Board with
respect to that contract and shall not in any event vote
on any question concerning it.

6. (1) The Corporation may do such things as are expedient
for or conducive to the attainment of the purposes declared in or
permitted or assigned under section 3(2) or of any purpose reason-
ably incidental to or consequential upon any of those purposes.





(2) Without restricting the generality of subsection (1) the
Corporation may for the purposes referred to therein-

(a)acquire, hold and dispose of all kinds of property movable
and immovable and in any manner which it thinks fit;

(b) improve, develop or alter any property held by it;

(e)enter into, assign or accept the assignment of, and vary or
rescind any contract or obligation;

(d)carry on any business either alone or in partnership with
any other person or persons;

(e)employ an agent or contractor to do any thing which the
Corporation may do;

determine the fares payable by persons travelling on the
railway.

(3) Any land held by the Corporation for any purpose referred
to in subsection (1) may be improved, developed and altered by it
in such manner and to such extent as the law would allow if the land
were held by a natural person in the same interest and the Corpora-
tion shall not be required to show that such improvement, develop-
ment or alteration is itself undertaken for any purpose referred to
in subsection (1).

7. (1) The Chairman shall be the chief executive of the Cor-
poration and all matters relating to his remuneration and the terms
and conditions of his appointment to the service of the Corporation
shall be determined by the Governor.

(2) The Corporation shall appoint a Managing Director but
e
shall obtain the approval of the Governor to any proposed appoint-
ment and to the suspension or dismissal of a person appointed.

(3) The Corporation may appoint such other employees as it
thinks fit and determine all matters relating to their remuneration
and terms and conditions of appointment or employment.

(4) The Corporation may engage the services of technical and
professional advisers in such manner and on such terms and con-
ditions as it thinks fit.

(5) The Corporation may make standing orders, not in-
consistent with this Ordinance, regulating the work and conduct
of its employees.

8. (1) The Corporation may-

(a)grant, or make provision for the grant of, pensions, gratui-
ties and retirement benefits to its employees;

(b)provide other benefits for the welfare of its employees and
their dependants;





(c)make payments, whether ex gratia or legally due, to the
personal representative of a deceased employee or to any
person who was dependent on such employee at his death.

(2) The Corporation may establish, manage and control, or
enter into an arrangement with any company or association for the
establishment, management and control by such company or associa-
tion either alone or jointly with the Corporation of, any fund or
scheme for the purpose of providing for the pensions, gratuities,
benefits and payments referred to in subsection (1).

(3) The Corporation may make contributions to any fund or
scheme referred to in subsection (2) and may require its employees
to make contributions thereto.

(4) The Corporation may in exercise of its powers under sec-
tion 6 supply living accommodation and household effects, for the
occupation and use of employees and advisers of the Corporation
and their families, at such rent and on such terms and conditions
as it may determine.

(5) In this section 'employees' includes any class of employee
which the Corporation may specify and in subsection (1) includes
former employees.

9. (1) The Corporation may make and execute all such
documents as may be expedient for or conducive to the attainment
of its purposes or of any purpose reasonably incidental to or con-
sequential upon those purposes.

(2) Subject to this Ordinance, a document to be made by the
Corporation shall be deemed to be duly executed-

(a)if sealed with the seal of the Corporation in the presence
of a member; or
(b)if signed on behalf of the Corporation by a member or an
employee of the Corporation authorized by the Corpora-
tion so to do.

(3) Any document purporting to be executed in accordance
with subsection (2) shall, unless the contrary is proved, be deemed
to have been duly executed.

(4) Subject to this Ordinance, a document executed by the
Corporation in accordance with subsection (2)(b) shall not be in-
effectual in law by reason only of the fact that, apart from this
subsection, it would be required by law to be executed under seal.

PART 111

FINANCIAL

10. (1) The authorized capital of the Corporation shall be
$2,000,000,000 divided into 20,000 shares of $100,000 each.





(2) The Governor may, after consulting the Corporation, increase
the authorized capital of the Corporation by order published in the
Gazette.

(3) Shares in the authorized capital of the Corporation shall be
allotted to the Government at par as required in writing by the Financial
Secretary and may be paid for by set-off against the indebtedness of the
Corporation to the Government in such manner and to such extent as the
Financial Secretary may direct pursuant to section 17(3).

(4) All shares allotted to the Government under this section shall be
registered in the books of the Corporation in the name of The Colonial
Treasurer Incorporated and held by him in trust on behalf of the
Government.

11. (1) Subject to subsection (3) the Corporation may, in any
currency and on such terms and conditions as it thinks fit

(a)borrow or otherwise raise money and charge all or any part of
its property as security therefor;

(b)create and issue bonds, notes or other securities which may
be charged on the property, undertaking and revenue of the
Corporation or any part thereof.

(2) In exercise of the powers conferred by section 6(2)(a) and
subsection (1)(a) the Corporation may purchase property under an
agreement providing for the payment of the whole or part of the
purchase price by instalments.

(3) The powers conferred by subsection (1) may be exercised to
provide the Corporation with such sums or credits as it may require for

(a) carrying out the purposes referred to in section 6(1);

(b)repaying money previously borrowed by it therefor and
interest, premium or other charge on such money;

(c) repaying sums due to the Government under section 12(3);

(d)discharging the indebtedness arising under section 17 and
any interest thereon.

12. (1) The Legislative Council may from time to time by resolution
authorize the Financial Secretary on behalf of the Government to grant
guarantees in respect of

(a)the repayment of loans made to, or the discharge of other
indebtedness of, the Corporation and the payment of interest,
premium or other charge thereon; and

(b)the redemption or repayment of, and the payment of interest,
premium or other charge on, any bonds, notes or other
securities issued by the Corporation,

up to an amount not exceeding in total that specified in the resolution
and subject to any terms or conditions therein specified.





(IA) For the avoidance of doubt it is hereby declared that no
guarantee granted under subsection (1), whether granted before or after
the enactment* of the Mass Transit Railway Corporation (Amendment)
Ordinance 1977, which includes interest, amounts payable in
consequence of the operation of any price variation clause, premium or
other charges, shall be invalid by reason only that such interest,
amounts, premium or charges, although specified in the resolution
authorizing the granting of the guarantee, are not quantified as to total
amount or included in the amount quantified in such resolution. (Added,
40 of 1977, s. 2)

(2) Any sum required for fulfilling a guarantee given under this
section by the Government shall be charged on and paid out of the
general revenue of Hong Kong and any sum received by the
Government by way of repayment of a sum so paid out, or for interest
thereon, shall be paid into such general revenue.

(3) If, pursuant to a guarantee given under this section, the
Government makes a payment to a creditor of the Corporation in respect
of a debt secured by a mortgage or a specific or floating charge, such
sum shall be repayable to the Government by the Corporation, together
with interest thereon at such rate as the Financial Secretary may
determine, and the Government shall as from the time of payment have
the benefit of all the remedies vested in the creditor by virtue of such
mortgage or charge with liberty to exercise the rights and powers arising
thereunder in its own name and without any assignment by the creditor.

13. (1) The Corporation shall conduct its business according to
prudent commercial principles and shall ensure as far as possible that,
taking one year with another, its revenue is at least sufficient to meet its
expenditure.

(2) Any excess of revenue over expenditure in any financial year
may be applied by the Corporation in any way consistent with this
Ordinance.

(3) In this section 'expenditure' includes such provision for
renewal of capital assets and repayment of loans as the Board
considers prudent.

140 The Corporation may establish any general or special reserve fund
and carry to the credit thereof such sums as it thinks fit and expend the
same in any way consistent with this Ordinance.

15. Any moneys of the Corporation available for investment
may be invested by it in such forms of investment as the Financial
Secretary may in writing approve.

16. (1) The Corporation shall keep proper accounts and proper
records in relation thereto and shall within 4 months after the expiry of a
financial year prepare accounts showing fully its financial position and
financial transactions for that year.





(2) The accounts of the Corporation shall be audited and the
auditor shall make a written report thereon to the Corporation.

(3) The auditor shall be appointed by the Governor after
consultation with the Corporation.

(4) The Corporation shall within 3 months of the receipt by it of the
auditor's report in respect of its accounts for a financial year furnish

(a) a report on the affairs of the Corporation for that year,

(b) a copy of its accounts therefor, and

(c) the auditor's report on the accounts,

to the Financial Secretary who shall table the same in the Legislative
Council.

17. (1) The Corporation shall be indebted to the Government in a
sum equal to all expenditure directly or indirectly incurred by the
Government in relation to the investigation, planning, construction and
operation of the Mass Transit Railway.

(2) The Financial Secretary shall determine the amount of such
indebtedness by certificate or certificates under his hand and he may for
sufficient cause reduce or increase any amount so certified.

(3) The indebtedness of the Corporation under subsections (1) and
(2) and any interest thereon shall be discharged in such manner as the
Financial Secretary directs.

(4) In subsection (1) 'expenditure' means-

(a)in relation to the operation of the railway, compensation and
costs paid in respect of such operation to satisfy claims within
the meaning of section 18 of the Mass Transit Railway (Land
Resumption and Related Provisions) Ordinance; and

(b)any loss, debt, cost, expense or liability, whether actual or
contingent, liquidated or unliquidated

(i) whenever incurred, in relation to the negotiation of a
contract to build the railway;

(ii) incurred before this Ordinance comes into effect, in
relation to the matters referred to in subsection (1) other than
the operation of the railway.

PART IV

GENERAL

18. The Corporation is not the servant or agent of the Crown and
does not enjoy any status, immunity or privilege of the Crown.





19. The Corporation shall upon request by the Governor afford to
him sufficient facilities for obtaining information with respect to the
property and affairs of the Corporation and shall in such manner and at
such times as the Governor may require furnish him with returns,
accounts and other information with respect thereto and afford to him
facilities for the verification of information furnished.

20. Notwithstanding sections 4(2) and 13(1), the Governor in
Council may, if he considers the public interest so requires, give
directions in writing of a general character to the Corporation and the
Corporation shall comply with those directions so long as

(a)it is fully compensated by the Government in respect of any
direction requiring the Corporation to act contrary to prudent
commercial principles; and

(b)the directions are not inconsistent with any provision of this
Ordinance.

21. (1) The Kowloon-Canton Railway Ordinance does not
apply to the Corporation, it property or affairs.

(2) The Public Health andUrban Services Ordinance does not apply to the
Corporation, its property and affairs to the extent set out in the
Schedule.

(3) The Building Authority may-

(a)having regard to the exceptional nature of building or other
works connected with the construction or operation of the
railway; and

(b)on such conditions as he may specify, either generally or in
any particular case,

exempt from such of the provisions of the Buildings Ordinance as he
thinks fit such of those works as he may specify, but save as aforesaid
the Buildings Ordinance shall apply to any building or other works
carried out by or on behalf of the Corporation.

(4) Section 13 of the Summary Offences Ordinance does not apply
to any noise made nor to any piling carried out by the Corporation or by
any other person in connexion with the construction of the railway.

22. For the avoidance of doubt and without prejudice to any other
Ordinance it is declared that the railway premises is a public place for
the purpose of the Public Order Ordinance.

23. Without prejudice to any Ordinance relating to the prosecution
of criminal offences or to the powers of the Attorney General in relation
to the prosecution of criminal offences, prosecutions for an offence
under this Ordinance may be brought in the name of the Corporation.





PART IVA

SAFETY OF RAILWAY

23A. (1) The Governor may in writing appoint any person to be an
inspector for the purposes of this Part.

(2) An inspector who is not a public officer may be paid, as a fee for
his services, such amount as the Financial Secretary thinks fit, and that
amount shall be paid out of moneys provided for the purpose by the
Legislative Council.

(3) The powers conferred by section 23B or by regulations made
under section 24 shall be exercised by an inspector only

(a)for the purpose of ensuring the safety of the railway or any
part thereof; or

(b)when an inspector is directed to do so pursuant to such
regulations, for the purpose of investigating an accident on
any part of the railway,

after the railway or the part in question has commenced operation for
public use.

(4) On the occasion of the exercise of any power, an inspector shall
produce evidence of his identity, and of his appointment, to any person
who requests him to do so.

(5) An inspector may take with him such persons as he reasonably
requires to assist him in the exercise of his powers.

23B. (1) An inspector may

(a)at all reasonable times enter upon premises to which this
subsection applies;

(b)carry out on premises to which this subsection applies, or on
any machinery, plant or equipment thereon, such tests and
inspections as he considers expedient;

(e) require any person to whom this subsection applies-

(i) to do anything which the inspector reasonably considers
to be necessary for facilitating any test or inspection;

(ii) to provide the inspector with such information relating
to the railway or any machinery, plant or equipment connected
with the railway as the inspector may specify, and to answer
any question or produce for inspection any document which
is necessary for that purpose;

(d)take copies of any document produced to him pursuant to
paragraph (c)(ii).

(2) Subsection (1) applies to-

(a)the railway premises and the premises of any contractor or
subcontractor who is carrying out or has carried out any work
on the railway;





(b)any employee of the Corporation, any contractor or
subcontractor mentioned in paragraph (a) and any employee of
such a contractor or subcontractor.

(3) Any person who-

(a)without lawful excuse, fails to comply with a requirement under
subsection (1)(c);

(b)knowingly furnishes to an inspector acting under subsection
(1)(c) information that is false or misleading in a material
particular;

(c)obstructs an inspector in the exercise of his powers under
subsection (1),

commits an offence and is liable to a fine of $5,000 and to imprisonment
for 6 months.

23C. (1) Where in the opinion of the Chief Secretary

(a)the condition of any part of the railway which has been
brought into operation or of any machinery, plant or
equipment of such part;

(b)the manner in which the railway or any part thereof is being
operated,

is such as to cause, or to be likely to cause, a risk of injury to any
person, the Chief Secretary may, by order in writing delivered to the
office of the Chairman, require the Corporation to carry out such work,
or to take such steps, as he may specify in the order to ensure that the
condition of the railway, or of the part or the machinery, plant or
equipment in question, or the manner of operation will cease to
constitute such a risk.

(2) An order under subsection (1) may specify the time before
which the Corporation shall commence to carry out the specified work or
take the specified steps and the time by which the same shall be
completed.

(3) If the Corporation fails without reasonable excuse to comply
with an order under this section the Corporation commits an offence and
is liable to a fine of $ 100,000 and to a further fine of $10,000 for each day
during which it is proved to the Court that the failure to comply with the
order has continued without reasonable excuse.

(4) A copy of a document which purports to be an order signed by
the Chief Secretary for the purposes of subsection (1)

(a)shall be admitted in evidence in proceedings for an offence
under subsection (3) on its production without further proof;
and

(b)shall be sufficient evidence of the opinion of the Chief
Secretary and of the other matters contained therein.





23D. (1) An employee of the Corporation commits an offence
if, in connexion with his duty, he negligently does or omits to do
anything in relation to the condition or operation of any part of the
railway after that part has come into public use, and the safety of
any person travelling or being upon the railway is thereby en-
dangered, or likely to be endangered.

(2) An employee who commits an offence under subsection (1)
is liable to a fine of $5,000 and to imprisonment for 6 months.

(3) For the purposes of subsection (1) negligence is the failure
to exercise such care or skill as a reasonable employee in the situation
would exercise.

23E. (1) A person commits an offence if he wilfully does or
omits to do anything in relation to the railway and the safety of any
person travelling or being upon the railway is thereby endangered,
or likely to be endangered.

(2) A person who commits an offence under subsection (1)
is liable to a fine of $5,000 and to imprisonment for 6 months.
(Part IVA Added, 58 of 1979, s. 4)

PART V

REGULATIONS AND BY-LAWS

24. (1) The Governor in Council may make regulations for
all or any of the following purposes-

(a) controlling and regulating-
(i) the maintenance and operation of the Mass Transit
Railway by the Corporation;
(ii) the work and conduct of employees of the Corpora-
tion;
(iii) the use of the railway by members of the public and
their conduct while on railway premises;

(b)providing for the safety of persons using or engaged in
work on the railway;

(c)generally for effectively carrying out of the provisions of
this Ordinance.

(2) Regulations made under subsection (1) may, in relation
to the investigation of accidents-

(a)confer powers upon inspectors to compel the giving of
information concerning accidents including power to
summon a person to attend before him for the purpose;
(b) make provision for the payment of persons so summoned;

(c)provide that failure to comply with a summons or require-
ment made by an inspector, or the obstruction of an
inspector, or the giving of false or misleading information





shall be an offence and prescribe penalties for such offences
not exceeding a fine of $5,000 and imprisonment for 6 months.
(Added, 58 of1979, s. 5)

25. (1) The Corporation may, under its common seal, make by-laws
not inconsistent with this Ordinance or regulations made under section
24 for all or any of the following purposes

(a)prescribing the terms and conditions relating to the use of its
railway services;

(b) controlling and regulating-

(i) the conduct of members of the public using the railway or
on railway premises;

(5) a system for evidencing (whether by the issue of tickets
or otherwise) the payment of fares on the railway and any
contract of carriage of passengers thereon;

(iii) advertising on railway premises;

(iv) the custody and disposal of property found on railway
premises;

(c)protecting the property of the Corporation on railway premises.

(2) All by-laws made under subsection (1) shall be subject to the
approval of the Legislative Council.

(3) The Corporation shall cause printed copies of all by-laws made
under subsection (1) to be kept at its principal office and to be available
for sale to any person at a reasonable cost.

26. Any regulations made under section 24 or by-laws made under
section 25 may

(a)provide that a contravention of specified provisions thereof
shall be an offence and may prescribe penalties therefor not
exceeding a fine of $5,000 and imprisonment for 6 months;

(b)confer authority upon employees of the Corporation on railway
premises to detain any person reasonably suspected of having
contravened this Ordinance and take such other steps as may
be provided for in the regulations or by-laws (as the case may
be) to ensure that such offenders are dealt with in accordance
with law.

27. Any regulations made under section 24 or by-laws made under
section 25 which provide that hawking on railway premises is an offence
may also provide that all or any part of sections 86,
86A, 86C and 86D of the Public Health and Urban Services Ordin-
ance shall apply as if such offence were a hawker offence within the
meaning of section 83 of that Ordinance.





PART VI

REPEAL AND TRANSITIONAL

28. The Mass Transit Railway Provisional Authority Ordinance
1974 is repealed.

29. (1) All property of whatever kind and whether movable
or immovable vested in or belonging to the Provisional Authority
immediately before the commencement date of this Ordinance is
as from such date transferred to and vested in the same interest
in the Corporation without any further assurance and the Corpora-
tion shall have all powers necessary to take possession of, recover
and obtain the benefit of such property.

(2) All obligations and liabilities of the Provisional Authority
immediately before the commencement date of this Ordinance are
as from such date the obligations and liabilities of the Corporation
and the Corporation shall have all necessary powers to discharge
the same.

(3) No stamp duty shall be payable in respect of any transfer
of property under this section.

30. (1) Without limiting the generality of section 29, every
agreement, whether in writing or not, to which the Provisional
Authority was a party immediately before the commencement date
of this Ordinance and whether or not of such a nature that the
rights and liabilities thereunder could be assigned shall have effect
as from such date as if-
(a) the Corporation had been party to such agreement; and

(b)for any reference, however worded and whether express or
implied, to the Provisional Authority there were substituted
in respect of anything to be done or omitted on or after
the commencement date of this Ordinance a reference to
the Corporation.

(2) Subsection (1)(b) shall also apply to any document, not
being an agreement, having therein references to the Provisional
Authority.

(3) The appointment of any employee of the Provisional
Authority subsisting immediately before the commencement date
of this Ordinance shall be deemed to be made by the Corporation
under this Ordinance and for the purpose of determining the right
to pension, gratuity or other benefits of such employee on the cessa-
tion of his service, there shall be no break in the continuity thereof
by reason only of the repeal effected by section 28.

(4) Where anything has been commenced by or under the
authority of the Provisional Authority before the commencement
date of this Ordinance such thing may be carried on and completed
by, or under the authority of the Corporation.





SCHEDULE [s. 21(2).]

PROVISIONS OF PUBLIC HEALTH AND URBAN
SERVICES
ORDINANCE DISAPPLIED

1. No remedy lies against the Corporation under section 127 in respect of a
nuisance described in section 12(1)(g).

2. Section 22 does not apply to anything done by or on behalf of the
Corporation in the course of constructing the railway.

3. Regulations made under section 29 or 35 as to the suitability, sufficiency or
mode of construction of latrines or latrine. accommodation, or the licensing
thereof, do not apply to the railway area or any premises therein.

4. Sections 30 and 36 do not apply to the railway area or any premises
therein.

5. Regulations made under section 88 do not apply to the railway area or any
premises therein.

6. Part IX and any regulations made under section 104 do not apply to any
sign or advertisement erected by or on behalf of the Corporation in the railway
area.
Originally 36 of 1975. 40 of 1979. 58 of 1979. L.N. 227/75. Short title. Interpretation. (14 of 1974.) Corporation established. Board of the Corporation. Proceedings of the Board. General powers of Corporation. Appointment of staff and advisers. Staff benefits. Documents of Corporation. Capital of Corporation. Power to borrow and to issue stock etc. Guarantee by Government. [*17.6.77.] Corporation to act on commercial principles. Reserve funds. Investment. Accounts. Audit and annual report. Initial debt to Government. (Cap. 276.) Corporation not servant or agent of Crown. Governor may obtain information. Governor in Council may give directions. Certain laws not to apply. (Cap. 99.) (Cap. 132.) Schedule. (Cap. 123.) (Cap. 228.) Avoidance of doubt. (Cap. 245.) Corporation may prosecute in its name. Appointment of inspectors. General powers of inspectors. Chief Secretary may order that defects be remedied. Offence of negligent act or omission by employee. Offence of wifully endangering safety. Regulations. By-laws. Further powers in relation to regulations and by-laws. Seizure and forfeiture of hawker's equipment and commodities. (Cap. 132.) Repeal. (14 of 1974.) Transfer of assets and liabilities. Other transitional provisions.

Originally 36 of 1975. 40 of 1979. 58 of 1979. L.N. 227/75. Short title. Interpretation. (14 of 1974.) Corporation established. Board of the Corporation. Proceedings of the Board. General powers of Corporation. Appointment of staff and advisers. Staff benefits. Documents of Corporation. Capital of Corporation. Power to borrow and to issue stock etc. Guarantee by Government. [*17.6.77.] Corporation to act on commercial principles. Reserve funds. Investment. Accounts. Audit and annual report. Initial debt to Government. (Cap. 276.) Corporation not servant or agent of Crown. Governor may obtain information. Governor in Council may give directions. Certain laws not to apply. (Cap. 99.) (Cap. 132.) Schedule. (Cap. 123.) (Cap. 228.) Avoidance of doubt. (Cap. 245.) Corporation may prosecute in its name. Appointment of inspectors. General powers of inspectors. Chief Secretary may order that defects be remedied. Offence of negligent act or omission by employee. Offence of wifully endangering safety. Regulations. By-laws. Further powers in relation to regulations and by-laws. Seizure and forfeiture of hawker's equipment and commodities. (Cap. 132.) Repeal. (14 of 1974.) Transfer of assets and liabilities. Other transitional provisions.

https://oelawhk.lib.hku.hk/items/show/3055

TELEPHONE ORDINANCE

LAWS OF HONG KONG

TELEPHONE ORDINANCE

CHAPTER 269





CHAPTER 269

TELEPHONE ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1. Short title ............................3
2. Interpretation .........................3
3. Continuance of telephone concession to company 3

4. Company to remain registered under Cap. 32, and British interest to be

maintained .............................4
4A.....................Governor may appoint additional director 4
5. (Repealed) .............................5
6. Power to execute works .................5
7. Minimum of damage to be done; compensation to be paid 5
8. Government to provide facilities .......5
9. Depth, course and position of works ....6
10.....................Marking of future underground apparatus 6
11...................Posts to be of approved design and material 6
12............Restriction on attachments to public buildings or to trees 6
13......Posts to bear distinguishing marks and reference plans to be supplied 6
14.................Pressure on circuits and apparatus to be limited 7
15....................Crossed services of others to be protected 7

16. Provisions as to completion and protection of works in public streets and

payment of costs of surfacing ..........7
17.............Restriction on company interfering with works of others 8

18. Company not to have claim against Government for disturbance of its works

by certain specified works .............8
19.......Company to be answerable for and indemnify Government against claims 8

20...........................Company to alter works on notice 1 9

21. Overhead lines to be placed in cables and overhead lines and cables to be

placed underground on notice ............. 9

22............Efficient service to be provided and works kept in repair 9

23. Company to afford facilities to Postmaster General for inspection, testing,

etc., of its works .............................................................. 10

24.........................Lines to be provided on request 10
25......Connection of company's telephone system with radio telephone service 10
26.........................Company's charges to subscribers 10
27............Payments for calls outside the company's telephone system 11

28. Revision......................of Schedule ..................................................................................
...... 11





Section..................................... Page
29........................Telephone services for Government
30.................Company to keep and allow inspection of accounts
31......................Company to permit inspection of works 12
32.........................Penalty for breach of section 24 12
33.............Penalty for breach by company of any of its obligations 12
34.......Power for Government to take over the undertaking in certain events 12
35.................Concession is not transferable and is exclusive 14
36..................Company to operate as if tenure were perpetual 15
37.....................................(Rep-led) 15
38....................Determination of amount of purchase money 15

39. Removal of works on expiration of concession in default of arrangement for

continuance or sale ...................15
40.............................Reference to arbitration 15
41............................Service of notices, etc . 16
42.......Declaration as to obligations, liabilities and limitation of rights 16
43.......................Power to make regulations and bylaws 17
44......................................Saving 17
Schedule......................Part I -Exchange Line Charges 17
Part 11 ---Chargesfor Interconnection of Public Mobile Radiotelephone
Service (PMRS) and Value Added Service (VAS) to the Public
Switched Telephone Network (PSTN) .....18
Part III -Telephone Apparatus, Extension and Leased Circuit Charges 19
Part IV -Special Apparatus ............21
-Miscellaneous Charges

Part V :..: 2'

Part VI -Telephone Call Charges ....14
Part VII -Obligatory Equipment and Services 25





CHAPTER 269

TELEPHONE

To consolidate and amend the law relating to the telephone service in the Colony.

[1 June 1951]

Originally 18 of 1951- G.N.A. 175 of 1952, G.N.A. 140 of 1953, G.N.A. 95 of 1954,13 of 1955,
G.N.A. 8 of 1956, G.N.A. 64 of 1957, G.N.A. 36 of 1962, L.N. 11 of 1964,2 of 1964, L.N.
66 of 1964, L.N. 117 of 1964, 7 of 1965, 34 of 1965, L.N. 13 of 1967, L.N. 72 of 1968,
L.N. 3 of 1974, 11 of 1975, L.N. 40 of 1975, L.N. 53 of 1975, L.N. 57 of 1975, 40 of 1976,
L.N. 16 of 1977, L.N. 130 of 1978, L.N. 190 of 1979, L.N. 37 of 1980, L.N. 125 of 1980,
L.N. 189 of 1980, L.N. 341 of 1980, L.N. 72 of 1981, L.N. 232 of 1981, L.N. 254 of 1981,
70 of 1981, L.N. 33 of 1982, L.N. 76 of 1982, L.N. 369 of 1982,80 of 1982, L.N. 257 of
1983, L.N. 272 of 1983, L.N. 404 of 1983, L.N. 49 of 1985, L.N. 208 of 1985, L.N. 226 of
1985, R. Ed. 1985, L.N. 94 of 1986, L.N. 127 of 1986, L.N. 254 of 1986, L.N. 199 of 1987,
L.N. 60 of 1988, L.N. 193 of 1988, L.N. 156 of 1989, L.N. 243 of 1989, L.N. 349 of 1989,
L.N. 393 of 1989,

1. Short title

This Ordinance may be cited as the Telephone Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

'arbitrators' includes an umpire appointed by the arbitrators;

'company' means the Hong Kong Telephone Company Limited;

'concession' means the sole right to supply telephonic communication which is
conferred on the company by section 3; (Amended 40 of 1976s. 2)

'Director' means the Director of Highways or his duly authorized representative;
(AmendedL.N. 76 of 1982; L.N. 127 of 1986)

'Peak District' includes all that area in the Island of Hong Kong situate above the
700-feet contour and to the west of a line drawn in a north and south direction
through Middle or Cemetery Gap, including the hills known as Mount Cameron,
Mount Gough, Mount Kellett and Victoria Peak;

'subscriber' means subscriber to a telephone of the company;

'undertaking' includes all works, goods, trunk line apparatus and cables and
property of whatever nature belonging to the company.

3. Continuance of telephone concession to company

Notwithstanding anything done under the repealed section 37, the

company shall with effect from 1 July 1975 continue by virtue of this section to





have the sole right, subject to the provisions of this Ordinance, to supply and
operate public telephonic communication within Hong Kong, including trunk line
telephonic communication therein for communicating with places outside Hong
Kong (other than trunk line telephonic communication by means of submarine cables
from Hong Kong to places outside Hong Kong landed and operated by Cable and
Wireless (Hong Kong) Limited) for a term of 20 years commencing on the said 1 July.

(Replaced 40 of 1976s. 3. Amended 70 of 1981s. 2)

4. Company to remain registered under Cap. 32,

and British interest to he maintained

(1) The company shall remain registered under the Companies Ordinance (Cap.
32).

(2) The directors shall be bona fide resident in Hong Kong and the majority of
them shall be Commonwealth citizens. (Amended 80 of 1982 s. 2)

(3) The management and the administrative staff, or an etrective majority
thereof to the satisfaction of the Governor in Council, shall also be Commonwealth
citizens. (Amended 80 of 1982 s. 2)

(Replaced 13 of 1955 s. 2)

4A. Governor may appoint additional director

(1) The Governor may, notwithstanding any provision of the Companies
Ordinance (Cap. 32) or any other law or of any document, appoint not more than 2
persons to be additional directors of the company; and notwithstanding any such
provision as aforesaid, a person so appointed may not be removed from the board of
the company except by the Governor. (Amended 40 of 1976 s.4)

(2) A person so appointed to be an additional director of the company shall
represent the Government and for that purpose shall be entitled to participate at
meetings of the company and the board of the company, to have access to all
material concerning the affairs of the company which is available to any other
director and require such information with respect to the company'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 company as a director thereof.

(3) No fee or other financial reward shall be paid by the company to a person
appointed to be an additional director of the company under this section in respect
of his performance of the functions of such a director.

(Added 11 of 1975 s. 2)





5. (Repealed 40 of 1976 s. 5)

6. Power to execute works

Subject to the consent in writing of the Director and subject also to the
restrictions and provisions hereinafter contained and to such further conditions
as the Director may in any particular case impose or prescribe, the company
may-
(a)place and maintain telephone lines and cables and ducts under
any public street and may alter or remove the same;
(b)place and maintain telephone lines and cables over, along or
across any public street and may place and maintain posts in or
upon any public street and may alter or remove the same;
(e) for the purposes aforesaid, open or break up any public street;
(d)place and maintain telephone lines and cables and posts under,
in, upon, over, along or across any unleased Crown land or any
estuary or branch of the sea or the shore or bed of any tidal
waters within the boundaries of the Colony (but so that the same
shall not hinder or interfere with navigation) and alter or remove
the same;
(e)place and maintain telephone lines and cables under, in, upon,
over, along or across railway tracks, tunnels and other railway
property belonging to the Government (but so that the same
shall not hinder or interfere with the railway traffic) and alter or
remove the same:
Provided that the company shall not be deemed to acquire any right other
than that of user only in the soil of any street or unleased Crown land or any
other place under, in, upon, over, along or across which the company places or
maintains any works.

7. Minimum of damage to be done;
compensation to he paid

In the exercise of the authority conferred under section 6 the company
shall do as little damage as may be, and shall make full and reasonable
compensation for all damage caused by reason of or in consequence of the
exercise of such authority.

8. Government to provide facilities

The Government agrees to provide to the company, at the company's
expense, sites, to be approved by the Governor in Council, for submarine cable
terminal houses at suitable points within the Colony and suitable sites, to be





approved by the Governor in Council, for the company's submarine cable storage
tanks. The Government shall also provide, free of cost to the company a suitable
reserve or suitable reserves in which vessels and craft may not anchor for submarine
cable of the company, such reserve or reserves to be approved by the Governor in
Council.

9. Depth, course and position of works

The depth, course and position at and in which any telephone lines, or cables,
posts, inspection pits or any other works are to be placed shall be determined by the
Director.

10. Marking of future underground apparatus

Every underground tube, casing, wire or cable of the company, hereafter placed
or laid or relaid by the company, shall be so marked by the company throughout its
course as to distinguish it from the tubes, casings, pipes, wires or cables of every
other person.

11. Posts to he of approved design and material

Every post of the company shall be of a pattern, design and material approved
by the Director,

12. Restriction on attachments to
public buildings or to trees

No wire, stay, bracket, insulator or other thing whatsoever shall be attached to
any Government building except with the previous consent in writing of the Director
of Architectural Services or to any tree except with the previous consent in writing
of the Forestry Officer, and the company shall not without the like consent of the
Forestry Officer lop, top or fell any tree or shrub. (Amended L.N. 76 of 1982; L.N. 94
of 1986)

13. Posts to bear distinguishing marks
and reference plans to he supplied

(1) The company shall paint or otherwise legibly mark a distinguishing mark on
all its posts, and shall at all times maintain the marks in a legible condition.

(2) The company shall maintain up to date plans of the areas of operation and
shall cause to be marked thereon the alignment of all its then existing lines, street
distributing boxes, posts and other works. The company shall if required by the
Director supply free of charge to the Director copies of such plans.





14. Pressure on circuits and apparatus to he limited

All circuits and apparatus shall be so arranged that there shall be no danger of
any part thereof becoming accidentally charged to any pressure beyond the limits of
pressure for which it is intended.

15. Crossed services of others to he protected

Whenever the company leads a telephone or aerial line across or in proximity to
any telephone or telegraph wire or aerial line belonging to any person the company
shall ensure that its telephone or aerial line is so protected as to guard against the
possibility of its coming into contact with the telephone or telegraph wire or aerial
line of any such person.

16. Provisions as to completion and protection of works

in public streets and payment of costs of surfacing

After the company has opened or broken up any public street it shall be under
the following further obligations

(a)it shall with all convenient speed complete the work on account of
which it has opened or broken up the same, and fill in the ground and
remove all rubbish occasioned by its work;

(b)the surface of such street shall be made good by the Director and the
company shall pay on demand to the Director of Accounting
Services such sum as the Director may certify to be the cost of such
making good;

(c)it shall in the meantime cause the place where such street is opened
or broken up to be fenced and watched and to be properly lighted at
night;

(d)it shall pay to the Director of Accounting Services any such sum as
may be certified by the Director to be the reasonable cost of keeping
such portion of the street in repair for 6 months after the same is
restored so far as such cost may be applicable to and increased by
the opening or breaking up:

Provided that, if the company fails, within such period as the Director considers
reasonable in the circumstances, to complete the work on account whereof it has
opened or broken up such street and to fill in the ground, it shall be lawful for the
Director, forthwith and without notice to the company, to fill in the ground and
remove all rubbish, and the cost as certified by the Director of any work executed by
the Director under the terms of this proviso shall be paid by the company on
demand to the Director of Accounting Services. (AmendedL.N. 16 of 1977)





17. Restriction on company interfering

with works of others

When the company opens or breaks up any street it shall not remove, displace
or interfere with any gas or water pipe or main or any drain or sewer or any tube,
casing, wire or cable for the carriage of electrical current except with the previous
consent of the owner thereof..

Provided that when any such owner refuses to give any such consent as
aforesaid, it shall be lawful for the company to appeal from such refusal to the
Director, who shall, if he considers such refusal to have been unreasonable, give a
certificate under his hand to the company to that efrect, and upon receipt of such
certificate it shall be lawful for the company to act in every respect as if the consent
of such owner had been previously obtained.

18. Company not to have claim against Government for

disturbance of its works by certain specified works

The company shall not have any claim in damages or otherwise against the
Government in respect of any disturbance or interruption of any part of the
company's undertaking, lines or works occasioned by any works on or excavation or
disturbance of streets or lands which the Governor in Council may think it necessary
or desirable to make for the purpose of altering the level of any lands or the gradient
or level of or repairing or constructing any street, path or land or laying or renewing
drain pipes or sewers, gas or water pipes or mains or any tube, casing, wire or cable
for the carriage of electrical current or inspecting the same or for any other lawful
purpose, whether of a like nature to the purposes aforesaid or not, or in respect of
any disturbance or interruption occasioned by any person using or making any
works upon or excavation or disturbance of any streets or lands.

19. Company to be answerable for and indemnify

Government against claims

The company shall be answerable for and shall indemnify the Government
against all claims on account of accident, damage or injury to property or to any
person arising through its act, neglect or default, or through the act, neglect or
default of its servants or of any contractor employed by it, or through or in
consequence of any of the company's works under the concession, or through the
construction, maintenance, repair or operation of the company's telephone system,
or through the downfall of wires, cables, insulators, brackets, posts or any part of its
lines by reason of storm (if the damage caused by such storm is due to the
company's negligence) or any other cause of whatever nature or through the
company's system interfering with, injuring or impairing the efficiency of the
undertaking of any other person.





20. Company to alter works on notice

The company shall, within a reasonable time after receipt of notice in writing
from the Director, at the sole cost and charge of the company and in such manner as
the Director shall prescribe

(a)alter the course, depth and position or the mode of attachment of any
of the company's lines or cables and the position of any post or
inspection pit or other works of the company: save that the company
shall not be required to alter its ducts or main cables unless in the
opinion of the Governor in Council such alteration is necessary;

(b)where any such work as aforesaid necessitates the opening or
breaking up of any street, make good the surface thereof.

21. Overhead lines to he placed in cables and overhead lines

and cables to he placed underground on notice

The Director may, by notice in writing to the company, require that all or any
overhead lines shall be placed in cables and that all or any overhead lines or cables
shall be placed underground, and upon receipt of notice in that behalf the company
shall, at its own cost and charges, within a reasonable period not exceeding 2 years
from the date of such notice, carry out the works required by such notice:

Provided that the company shall only be required to place its lines underground
in those parts of its system in which 20 or more wires can in the opinion of the
Director be conveniently grouped together, and the opinion of the Director in this
respect shall be conclusive and binding on the company.

22. Efficient service to he provided

and works kept in repair

The company shall maintain and operate the public telephone service in the
Colony. The company shall also at all times during the continuance of the
concession provide and maintain to the satisfaction of the Postmaster General a
good, efficient and continuous service of public telephonic communication with
modem appliances including all reasonable modern inventions. The company shall
likewise provide buildings for its plant and offices, and shall keep in a good and
sufficient state of repair all lines, cables, posts, attachments, plant and appliances
necessary for the provision and maintenance of such service. The company shall
provide, equip and operate to the satisfaction of the Governor in Council in locations
suitable for the purpose, telephone exchange capable of expansion to meet the
requirements of the Colony.

(Amended 13 of 1955 s. 4)





23. Company to, afford facilities to Postmaster General
for inspection, testing, etc., of its works

The company shall afford to the Postmaster General all facilities for
inspection and testing of its works and for the reading, testing and inspection of
its testing instruments, and may, on each such occasion be represented by its
agent who may be present but shall not interfere with the reading, testing or
inspection:
Provided that the company shall not be held responsible for any
interruption of or irregularity in the telephone service which may be occasioned
by or required by the Postmaster General for the purpose of any such testing as
aforesaid.

24. Lines to he provided on request

The company shall, within a reasonable time after the receipt of a request
in writing in that behalf from any person, and upon the payment in advance, if
demanded, of the company's usual charges and of any other moneys due under
this Ordinance from such person to the company, and the signature, if required,
of the company's usual form of agreement for an exchange line, install a
telephone in such building within the Colony as the requesting party may
require, and shall connect the same with the nearest exchange and accord to the
requesting person a good and continuous telephone service for so long as that
person continues to pay the company's usual charges on the due date:
Provided that the company may in its discretion withdraw its service from
any subscriber who has been convicted of any offence involving misuse of the
telephone service provided to him by the company under this Ordinance.

25. Connection of company's telephone
system with radio telephone service

The company shall, whenever so requested by the Government, permit its
telephone system to be connected to the radio telephone service operated by
Cable and Wireless (Hong Kong) Limited, to any place outside the Colony,
upon such terms as the Governor in Council, after discussion with the
company, may approve.
(Amended 70 of 1981 s. 3)

26. Company's charges to subscribers

(1) The company shall be entitled to charge its subscribers charges not
exceeding those specified in the Schedule.
(2) The Schedule may be amended for the purposes of subsection (1) by
resolution of the Legislative Council. (Replaced 2 of 1964 s. 2)





27. Payments for calls outside the

company's telephone system

The company may refuse to permit any person to make any call through its
telephone system to any place outside the Colony or to any ship by way of a service
operated by Cable and Wireless (Hong Kong) Limited unless such person shall have
satisfied the reasonable requirements of the company in regard to security for the
due charges in respect of such calls.

(Replaced 34 of 1965 s. 3. Amended 70 of 1981 s. 4)

28. Revision of Schedule

(1) It shall be lawful for the company from time to time to require from the
Government the revision of the charges specified in the Schedule. Three months'
previous notice in writing of such requirement shall be given by the company to the
Government and thereupon, and in default of agreement between the parties with
regard to such revision, the matter shall be referred to arbitration.

(2) If the arbitrators are of opinion and find accordingly that the gross annual
revenue of the company is insufficient to make provision for the maintenance of an
efficient service and for the payment for the time being of a dividend of 8% per
annum on the paid-up capital for the time being of the company, the Government
shall propose amendment of charges in manner provided by section 26 in accordance
with such finding.

29. Telephone services for Government

The company shall provide the Government with any telephone service that
may be required.

(Replaced 2 of 1964 s. 3. Amended 7 of 1965 s. 4)

30. Company to keep and allow inspection of accounts

(1) The company shall keep true and particular accounts of and concerning all
matters connected with the concession and shall, on 1 March in every year deliver to
the Director of Accounting Services a statement in writing showing the number of
subscribers connected with each exchange and the number of persons who have
requested to be supplied with lines during the company's preceding financial year
and also the names and addresses of all persons who have requested to be supplied
with lines during the second 6 months thereof and with whose request the company
has not complied. The company shall permit the Director of Accounting Services to
inspect and take copies of or extracts from the books of account, receipts, papers
and documents in the possession or under the control of the company and relating
wholly or in part to the subject-matter of thisOrdinance. (AmendedL.N. 16 of 1977)





(2) The company shall cause all its books of account to be kept in Hong Kong
at its registered office.

(Amended 13 of 1955 s. 7)

31. Company to permit inspection of works

The company shall at all times during the continuance of the concession permit
the Postmaster General or his agent authorized in writing in that behalf to enter the
premises of the company at all reasonable times and to inspect and take account of
all plant, fittings, apparatus or other material thereon, and shall upon written demand
furnish to the Postmaster General all such particulars, information and accounts
relative to the conduct of the company's business and such other evidence as he
may require of the due performance by the company of its obligations under this
Ordinance.

32. Penalty for breach of section 24

If upon any reference to arbitration it is held that the company has committed
any breach of section 24, the arbitrators shall require the company to pay to the
Director of Accounting Services such sum as the Governor in Council thinks fit not
exceeding 5100 for every such breach and such further sum as the Governor in
Council thinks fit not exceeding $20 for every month during which such breach
continues after due notice thereof has been given by the Government to the
company.

(AmendedL.N. 16 of 1977)

33. Penalty for breach by company
of any of its obligations

In the event of any breach by the company of any of its obligations under this
Ordinance or under any regulation made thereunder, other than any such breach as
is referred to in section 24, the company shall, without prejudice to the provisions of
section 34, forfeit to the Government a penalty, payable to the Director of
Accounting Services, of 5100 per day for every day during which such breach
continues after the company has received from the Postmaster General notice of any
such breach and has in the opinion of the Governor in Council had a reasonable
opportunity of remedying the same.

(AmendedL.N. 16 of 1977)

34. Power for Government to take over
the undertaking in certain events

(1) If the company--

(a)fails or neglects to execute and do all such assurances and things as
are necessary for performing its obligations under this Ordinance;





(b)goes into liquidation (otherwise than for the purpose of
reconstruction);

(c) ceases to carry on business; or

(d)sells its undertaking or any part thereof or assigns the benefit of the
concession without the consent in writing of the Governor in Council
or if upon any reference the arbitrators find

(i) that the system of the company has ceased to be in regular
operation for 31 consecutive days (except where such
cessation has in the opinion of the Governor in Council been
caused by stress of weather or any other cause whatsoever
beyond the company's control); or

(ii) that the company has neglected to provide and maintain an
efficient and continuous service of public telephonic
communication (and in particular has neglected to comply with
the provisions of section 22),

then and in any such event the Government shall issue a notice in writing calling
upon the company to show cause why the concession should not be cancelled
forthwith. The company shall on receipt of such notice satisfy the Governor in
Council that it will rectify the default or neglect, failing which the concession may be
cancelled by the Governor in Council. (Amended 13 of 1955 s. 6)

(2) Upon such cancellation the rights, powers, benefit and privileges of the
company under this Ordinance shall cease and determine forthwith and it shall be
lawful but not obligatory for the Government (without prejudice to any remedy
against the company for failure to comply with any of the provisions of this
Ordinance or of any regulation made thereunder) at any time within 3 months after
the service of such notice either

(a)by notice in writing to require the company to remove forthwith all
works of a like nature to those specified in section 6 (with which
notice the company shall comply as soon as reasonably may be); or

(b)on notice in writing to the company in that behalf immediately to take
over and purchase from the company the undertaking of the
company.

(3) If the Government elects to take over and purchase the company's
undertaking the company shall be deemed to have sold such undertaking to the
Government on the date upon which the Government gives notice of its intention to
take over and purchase the same, and it shall be lawful for the Government forthwith
to enter in and upon the premises of the company wheresoever situate and to
exercise all acts of ownership over all exchanges, plant, apparatus, lines and cables
and all other property of the company of whatsoever nature including any
contractual rights or obligations and all books of account or other documents used
by the company in its undertaking.





(4) Upon any such taking over and purchase and at all times thereafter
the company shall on demand execute and do all such assurances and things as
may be reasonably required by the Government for assuring and vesting the
undertaking in the Government or as it may direct.
(5) The undertaking so taken over as aforesaid shall as soon as
reasonably possible be paid for by the Government in accordance with the then
condition and value thereof,
(6) Upon any such taking over the Government shall not be compelled to
purchase any plant, apparatus, machinery or any other property whatsoever of
the company which is then obsolete or unserviceable.
(7) Upon any such taking over nothing shall be paid for or allowed in
respect of the goodwill of the company's undertaking or for any loss of
estimated profits resultant on such taking over, or for any profits whatever
except up to and including the date of such taking over.
(8) The Government shall pay to the company interest at the rate of 8 per
cent per annum upon the amount of the purchase money from the date of
taking over until the date of payment.

35. Concession is not transferable and is exclusive

The concession is personal to the company, and the company shall not,
without the previous written consent of the Governor in Council, assign,
transfer, mortgage, charge, lease or otherwise dispose of the concession or the
benefit thereof or of any part thereof or of its undertaking or any part thereof
to any other person or grant any sub-licence in respect of the concession; and
the Government shall not during the continuance of the concession permit
any person other than the company to place or maintain telephone lines or
telephone wires or cables within the Colony or the waters thereof, except in the
case of the following telephone lines, namely-
(a)all telephone lines whatsoever which were bona fide in operation
on 26 June 1925;
(b)such telephone lines as may be constructed or maintained by
the Government or by Her Majesty's Government in the United
Kingdom;
(c)telephone lines constructed or maintained by Cable and Wireless
(Hong Kong) Limited, in accordance with its agreement with or
any licence from the Government or Her Majesty's Government
in the United Kingdom or any modification or renewal thereof;
and (Amended 70 of 1981 s. 5)
(d)such telephone lines as may be installed and maintained by any
person solely for the private use of such person in his business:
Provided that it shall be lawful for the Governor in Council or such person
as he may authorize in that behalf, at any time during the 5 years preceding the





termination of this concession, to execute and do any works of a like nature to
those specified in section 6 and any other works which the Governor in Council
may think necessary or desirable for the purpose of continuing the supply of
public telephonic communication after the termination of the concession.

36. Company to operate as if tenure were perpetual

The company shall during the whole term of the concession carry on its
operations and use every endeavour to develop its system as though the
concession were perpetual.

37. (Repealed 40 of 1976s. 6)

38. Determination of amount of purchase money

Upon any taking over and purchase of the company's undertaking by the
Government the price to be paid by the Government shall be determined by
arbitration if the same cannot be agreed upon by the parties, and due regard
shall be had to and allowance made for the then value of land and buildings
and to the then condition and value of plant, apparatus and material, and
compensation shall be allowed to the company in respect of spare plant
provided for the reasonably anticipated future requirements of the undertaking.

39.Removal of works on expiration of concession in
default of arrangement for continuance or sale

If upon the expiration of the concession no arrangements are made for the
continuance of supply by the company or if the Government does not elect
to take over and purchase the company's undertaking under the foregoing
provisions in that behalf, the Government may, on the expiration of the
concession, require the company to remove and the company shall as soon as
reasonably may be, and at its own cost, remove all works erected or made
by the company in pursuance of this Ordinance, and the company shall
immediately upon such removal make good all damage which may be done in
effecting such removal and make full compensation for all damage done in like
manner as if such damage had been done in the exercise of the authority
contained in section 6.

40. Reference to arbitration

Any claim under any of the provisions of this Ordinance other than section
33 by the Government or by any person against any person or the Government
in respect of any matter arising out of this Ordinance or any regulation made





thereunder, and any dispute, difference, doubt or question which may arise
touching the carrying out or the construction of any of the provisions of this
Ordinance or of any such regulation or as to any matter in any way connected
with or arising out of this Ordinance or of any such regulation or the operation
thereof or the obligations, rights, duties or liabilities of the Government or of
any person in connection with or arising out of the same, shall be referred to
arbitration in accordance with the provisions of the Arbitration Ordinance
(Cap. 341) in the same way as if all the parties concerned in any such claim,
dispute, difference, doubt or question had entered into a written agreement
with one another to submit the same to the arbitration of 2 arbitrators in the
Colony.

41. Service of notices, etc.
Any notice, direction, request or order, required or authorized by this
Ordinance to be given to the company, may be served by prepaid registered
letter sent through the post to the last known place of business of the company
in the Colony, and the same shall operate and be deemed to have been served at
the expiration of 24 hours from the time of being put into the Post Office, and
proof that the letter was properly addressed, registered and posted shall be
sufficient evidence of service.

42. Declaration as to obligations, liabilities
and limitation of rights

(1) Nothing in this Ordinance shall relieve the company or any other
person claiming any right thereunder from being subject to any restrictions,
regulations, provisions or penalties which may hereafter be made or imposed by
any Act made applicable to the Colony or any Ordinance, regulations or bylaws
for the time being in force in the Colony, and the company shall conform to the
technical standards and methods prescribed by the General Post Office of the
United Kingdom in relation to the construction of aerial lines on roads and
railways, the construction of underground telegraph and telephone lines and
maintenance testing, so far as the same may be capable of being applied to local
conditions, and so far as the same are not contrary to the provisions of this
Ordinance, as if the same had been incorporated in and had formed part of this
Ordinance.
(2) Nothing in this Ordinance shall be deemed to make it obligatory for
the Government to take over or purchase any portion of the undertaking of the
company situate outside the Colony.
(3) Nothing in this Ordinance shall be construed as a grant by the
Government to the company of any right, interest, benefit, privilege or
franchise outside the Colony, or as entitling the company to make any claim





whatsoever against the Government in respect of any part of its undertaking outside
the Colony.

43. Power to make regulations and bylaws

(1) The Governor in Council may by regulation provide for the carrying out of
the provisions of this Ordinance.

(2) The company may subject to the approval of the Governor in Council make
bylaws for the carrying out of this Ordinance.

(3) Bylaws made under subsection (2) may declare a breach of any such bylaw
to be an offence and may prescribe penalties therefor:

Provided that no penalty so prescribed shall exceed a fine of $1,000.

44. Saving

Nothing in this Ordinance shall affect or be deemed to affect the rights of Her
Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or
corporate or of any other persons except such as are mentioned in this Ordinance
and those claiming by, from or under them.

SCHEDULE [s. 26]

PART I

EXCHANGE LINE
CHARGES

Item Particulars of Charge Amount of Charge

1 . For an exchange line used for business purposes-
(a) exclusive service (AmendedL.N. 156 of 1989) $840 per annum
(b) two party service $564 per annum
2. For an exchange line in a bona fide place of
residence-
(a) ' exclusive service (AmendedL.N. 156 of 1989) $576 per annum
(b) two party service $348 per annum
3. For a 'Hunting' exchange line (Amended L.N. 156
of 1989) $1,080 per annum
4. For a 'Direct Dialling In' exchange line (Amended
L.N. 156 of 1989) $2,880 per annum
5. Associated charges for items 1, 2, 3 and 4- (a) connection $600
(b) removal within the same building (Amended
L.N. 156 of 1989) $275
(e) removal to a different building





Item Particulars of Charge Amount of Charge

6.For a temporary exchange line with standard
telephone to a ship by landline-

(a) connection $600

(b) rental for the period between connection and
recovery $62 per day
7. For a 'Centrex' exchange line- (Added L.N. 193
of 1988)
(a) connection-
(i) for the first 20 lines$600 per line
(ii) for the next 180 lines5450 per line
(iii) for additional lines$300 per line

(b) rental- (AmendedL.N. 156 of 1989)

(i) for the first 20 lines $1,308 per line
per annum
(ii) for the next 30 lines $1,188 per line
per annum
(iii) for the next 150 lines $1,068 per line
per annum
(iv) for additional lines $888 per line
per annum
(c) removal within the same building (Amended
L.N. 156 of 1989) $275 per line
(d) removal to a different building- (Added L.N.
156 of 1989)
(i) for the first 20 lines $600 per line
(ii) for the next 180 lines $450 per line
(iii) for additional lines $300 per line

excluding the provision of a standard telephone.

PARTII

CHARGES FOR INTERCONNECTION OF PUBLIC MOBILE
RADIOTELEPHONE
SERVICE (PMRS) AND VALUE ADDED SERIVCE (VAS) To THE
PUBLIC SWITHCED TELEPHONE NETWORK (PSTN)

(See Note 1)

Item Particulars of Charge Amount of Charge

1 . (a) For an interconnection line between PMRS and
PSTN (AmendedL.N. 349 of 1989)$69 per month
(see Note 2)
(b) For an interconnection line between VAS and
PSTN (Amended L.N. 349 of 1989)$69 per month
(see Note 3)
2. Associated charges for item 1-
(a) connection of an interconnection line $600
(see Notes 2 and 3)
(b) removal of an interconnection fine within the
same building (AmendedL.N. 156 of 1989) $275
(see Notes 2 and 3)
(c) removal of an interconnection line to a different
building $600
(see Notes 2 and 3)





Item Particulars of Charge Amount of Charge

3. (a) For usage of an interconnection line between

PMRS and PSTN (Amended L.N. 349 of

1989) 9 cents per minute subject to
Notes 2 and 4

(b) For usage of an interconnection line between
VAS and PSTN (AmendedL.N. 349 of 1989)9 cents per minute subject to

Notes 3 and 4
Note: 1.Value Added Service includes public services such as direct-dialling-in radio paging,
viewdata, facsimile, electronic mail-box, voice mail-box and other public non-
exclusive telecommunications services licensed under the Telecommunication
Ordinance (Cap. 106).

2. All charges are raised against the provider of PMRS and not customers of PMRS

3. All charges are raised against the provider of vas and not customers of VAS

4.In item 3, the usage charge is calculated monthly on the accumulated number of
minutes for which the interconnection line is used, rounded up to the nearest minute.

(Part II replaced L.N. 226 of 1985)

PART III

TELEPHONE APPARATUS, EXTENSIION AND LEASED CIRCUIT CHARGES

Item Particulars of Charge Amount of Charge
1 . For a standard telephone instrument (Amended
L.N. 60 of 1988; L.N. 156 of 1989)$72 per annum
(see Note 1)
2. For a coin box private payphone- (Replaced L.N.
60 of 1988)
(a) rental (AmendedL.N. 156 of 1989) $2,640 per annum
(see Note 1)
(b) for each call 50 per cent of the call
charge
collected
(see Note 3)
3. For an internal extension within the same curtilage as
the PABX which was in existence before 1 July 1983
(see Note 2)--
(a) circuit only with socket or terminal block $72 per annum
(b) connection or removal (Amended L.N. 156 of
1989) $275
4. For an external extension routed between a building
and a telephone exchange-
(a) rental, per 2 wire circuit presentation $552 per annum
(b) connection or removal to a difrerent building
(AmendedL.N. 156 of 1989) $600
(c) removal within the same building (Amended
L.N. 156 of 1989) $275
5. For an external extension between 2 telephone
exchanges, per 2 wire circuit presentation (inclusive
of any line conditioning equipment)---
(a) not exceeding a radial distance of 2 km 5840 per annum
(b) for each additional 500 radial metres or part
thereof 5276 per annum





item Particulars of Charge Amount of Charge
6.For an external extension automatic relay set in an

exchange-
(a) rental $156 per annum
(b) connection $140

7.For a leased circuit within the same curtilage-
(a) circuit only with socket or terminal block $120 per annum
(b) connection or removal (Amended L.N. 156 of
1989) $275
8.For a leased circuit routed between a building and a
telephone exchange-
(a) rental-
(i) category 1 $552 per annum
(ii) category 2 $552 per annum
(iii) category 3 $1,104 per annum
(iv) category 4 $1,104 per annum
(v) category 5 $1,104 per annum
(vi) category 6 $20,400 per annum
(vii) category 7- (1) not exceeding a
radial distance of 1 km $26,400 per annum
(2) each additional 500 radial metres or
part thereof $6,600 per annum
(b) connection or removal to a difrerent building-
(AmendedL.N. 156 of 1989)
(i) category 1 $600
(ii) category 2 $600
(iii) category 3 $600
(iv) category 4 $600
(v) category 5 $600
(vi) category 6 $1,500
(vii) category 7 $2,200
(e) removal within the same building- (Amended
L.N. 156 of 1989)
(i) category 1 $275
(ii) category 2 $275
(iii) category 3 $275
(iv) category 4 $275
(v) category 5 $275
(vi) category 6 $700
(vii) category 7 $1,540
9.For a leased circuit between 2 telephone exchanges
(inclusive of any line conditioning equipment) not
exceeding a radial distance of 2 km-
(i) category 1 $840 per annum
(ii) category 2 $840 per annum
(iii) category 3 $1,740 per annum
(iv) category 4 $1,800 per annum
(v) category 5 $3,600 per annum
(vi) category 6 $7,800 per annum
(vii) category 7 $10,560 per annum
10.For each additional 500 radial metres or part thereof
between 2 telephone exchanges (inclusive of any line
conditioning equipment)- (i) category 1
$216 per annum
(ii) category 2 $276 per annum
(iii) category 3 $552 per annum





Item Particulars of Charge Amount of Charge

(iv) category 4 $564 per annum
(v) category 5 $900 per annum
(vi) category 6 $960 per annum
(vii) category 7 $1,320 per annum

11. For a leased circuit automatic relay set in an

exchange-
(a) rental $156 per annum
(b) connection $140
Note: 1.In items 1 and 2 a connection fee of $140 will be charged if no other connection or
removal fee is charged for associated work carried out at the same time.

2.Any other PABX work performed by the company would be subject to mutual
agreement between the company and the customer.

PARTIV

SPECIAL
APPARATUS

Item Particulars of Charge Amount of Charge

Annual Connection
Charge or Removal
1 . For Line Conditioning Equipment-
(a) 2 wire repeater $2,460 52,100
(b) 2 wire to 4 wire terminating unit 54,440 $3,140
(c) loop extender 51,800 $1,390
(d) signalling relayset for a central battery circuit
routed over a PCM link $4,200 $2,040
(e) signalling relayset for an out of area exchange
line of PBX external extension $4,200 $2,040
(f) termination relayset for a central battery circuit
routed over a 4-wire physical cable circuit $7,560 $2,590
(g) termination relayset for an out of area exchange
line or PBX external extension routed over a
4-wire physical cable circuit $7,560 $2,590
(h) amplifier/negative impedance repeater/ampli- tude equaliserldelay and
amplitude equaliser (see Note 1) (see Note 1)
2. For Audio Broadcast panel-
(a) connection (stock exchange type) - (see Note
1)
(b) connection to the output circuit $84 (see Note 1)
3. For a Ringing Supply circuit-
(a) using eliminator $132 (see Note 2)
(b) from public exchange (subject to prior agree-
ment with the company) $660 (see Note 2)
4. For a Power Supply circuit-
(a) using eliminator $132 (see Note 2)
(b) from public exchange (subject to prior agree-
ment with the company) $660 (see Note 2)
(c) standby equipment (see Note 1) (see Note 1)
5. For Branching panel- $1,320 5440
Note: 1.In items 1(h), 2(a), 2(b) and 4(c) a charge calculated in accordance with a costing
formula agreed from time to time by the Postmaster General.

2.In items 3(a), 3(b), 4(a) and 4(b) a connection fee of $140 will be charged if no other
connection or removal fee of associated work carried out at the same time.





PART V

MISCELLANEOUS
CHARGES

Item Particulars of Charge Amount of Charge
1 For a Private Automatic Branch Exchange (PABX)
owned by a subscriber and in existence before 1 July
1983 (see Note 3)--
(a) connection and removals (see Note 1)
(b) maintenance per installed extension for-
(Amended L.N. 156 of 1989)
(i) strowger equipment $180 per annum
(ii) cross bar equipment $180 per annum
(iii) semi-electronic $180 per annum
(iv) electronic-analogue equipment $180 per annum
(v) electronic-digital equipment $288 per annum
(vi) other types of equipment $180 per annum
(c) minor work $11 per item
(see Note 2)
2. For connection or disconnection of privately owned
apparatus $70 per item
3. Evaluation of privately owned apparatus-
(a) connected to PSTN or PABX- (i) for ordinary
telephone $2,500
(ii) for feature telephone (with hands-free
and/or autodialling 54,000
(iii) for feature equipment, alarm system,
answering and recording machine and
autodialler $5,000
(iv) for modem and facsimile equipment $5,000
(v) for other items (see Note 1)
(b) connected to leased circuit-
(i) for modem and facsimile equipment 54,500
(ii) for other items (see Note 1)
4. (a) For changing a telephone instrument or socket
at subscriber's premises at request of subscriber
(Replaced L.N. 156 of 1989) $140
(b) For each additional telephone changed at the
same time (Replaced L.N. 156 of1989) $50
(c) For changing a telephone instrument at request
of subscriber (changed instrument to be
collected by subscriber) (Added L.N. 156 of
1989) $50
5. For changing a telephone number at request of
subscriber (AmendedL.N. 156 of 1989) 5240 per number
6. For changed telephone number interception service
(first month free of charge), subject to prior
agreement with the company $135 per month per number
7. For registration of a change of name for an existing
subscriber or user $110 per number
8. For registration of a difrerent subscriber for an
existing installation $110 per number





Item Particulars of Charge Amount of Charge
9. For any combination of registration, number
change, etc. $600 per number maximum
10. For reconnecting a service disconnected for
non-payment of charges $110 per number
11. Administration charge for work undertaken but
subsequently cancelled at request of subscriber $110 per number
12. For Change of Billing Telephone Number $25 per change
13. For a telephone pole, when provided for services
other than a permanent exchange line service $330 per pole
14. For connection device for privately owned apparatus $36 per annum
(see Note 2)
15. For message waiting, internal wiring only $24 per annum
(see Note 2)
16. Surcharge for work undertaken outside normal
operating hours at request of subscriber. For each
item of work which attracts a standard charge of-
(a) up to $500 $35
(b) $501 to $600 $55
(e) $601 or more (see Note 1)
17. For a service at a subscriber's request which is not
otherwise provided for in this Schedule (see Note 1)
18. For an abortive visit due to mis-reporting of line
fault when terminated on equipment not supplied by
the company---
(a) berween 8 a.m. and 5 p.m. on weekdays or
between 8 a.m. and 12.30 p.m. on Saturdays $125 per visit
(b) outside the hours mentioned in paragraph (a) $245 per visit
19. For an ex-directory unlisted telephone number-
(a) where the telephone number is in addition to a
listed number in the same name at the same
address Free of charge
(b) where there is no additional telephone number
listed in the same name at the same address
(minimum period 12 months)- (i) registration
$100
(ii) service $144 per annum
20. For each additional entry in small type in either
the English or Chinese section of the Telephone
Directory (minimum period 12 months)-
(a) registration $100
(b) service $144 per annum
21. For change of entry in either the English or Chinese
section of the Telephone Directory at the request of
subscriber which does not involve a change in
registration (pay on receipt of request) $100 per entry
22. For each additional copy of the Telephone Directory
in excess of free allowance $30 per volume





Item Particulars of Charge Amount of Charge
23. (a) For an interconnection line between subscriber's

message recording equipment and the public
switched telephone network $2,880 per annum
(see Note 4)
(b) Other charges for an interconnection line-
(i) connection $600
(see Note 4)
(ii) removal within the same building $275
(see Note 4)
(iii) removal to a difrerent building $600
(see Note 4)
(e) For usage of an interconnection line (Added
L.N. 393 of 1989) $1 per minute
(see Note 4)
Note: 1. In items 1(a), 3(a)(v), 3(b)(ii), 16(c) and 17 a charge calculated in accordance
with a
costing formula agreed from time to time by the Postmaster General.
2. In items 1(c) 14 and 15, a connection fee of $140 will be charged if no other
connection or removal fee of associated work carried out at the same time.
3. Any other work performed by the company would be subject to mutual
agreement between the company and the customer.
4. Charges are payable by the subscriber to the Infoline service who has connected
message recording equipment to the interconnection line for the provision of an
information retrieval service. (Added L.N. 393 of1989)

PART VI
TELEPHONE CALL 3(a)(v
Item Particulars of Charge Amount of Charge
1 3(a)(v Local call from a public pahphone $1 per call
2. International telephone call Such charges as are
contained in the terms
referred to in section 25 of
the Ordinance
3. Local operator assisted conference call $11 per party per 15 minutes
or part thereof
4. International operator assisted conference call-
(a) Originating party $33 per conference call
(b) Party in another country Person to person
international call charge
(c) Distant administration's connection charge Charge as set by that
administration
(d) Additional parties in Hong Kong $11 per party per conference
call
5. For international toll free calls from outside Hong
Kong- (Added L.N. 199 of1987)
(a) Registration $2,000
(b) Service $9,000 per annum
(c) International telephone call Such charges as are
contained in the terms
referred to in section 25 of
the Ordinance





PART VII

OBLIGATORY EQUIPEMENT AND SERVICES

Item Particulars of Charge Amount of Charge

1 . For internal extension wiring-
(a) connected to a single exchange line with socket
or terminal block (Amended L.N. 156 of 1989) Free of charge
(b) connected to the Private Manual Branch
Exchange (PMBX) switchboard with socket or
terminal block $72 per annum
(c) connection or removal (Amended L.N. 156 of
1989) $275
2. For a 1 + 3 switching equipment (all colours)---
(a) with battery eliminator (Amended L.N. 156 of
1989) $264 per annum
(b) with battery $396 per annum
(c) connection or removal (see Note 2)
3. For Starline Services-
(a) rental for features including: abbreviated
dialling, additional abbreviated dialling, do-
not-disturb, appointment service, IDD barring,
call waiting, call-forwarding- (Replaced L.N.
254 of 1986)
(i) any 1 feature $108 per annum
(ii) any 2 features $168 per annum
(iii) any 3 features $228 per annum
(iv) any 4 features $276 per annum
(v) any 5 features $312 per annum
(vi) any 6 features $348 per annum
(vii) any 7 features $384 per annum

(viii) connection or change of features

(AmendedL.N. 156 of 1989)Free of charge
(b) (i) rental for conference (3-way) calling $108 per annum
(ii) connection or change of features (see Note 3)
4. For Private Manual Branch Exchanges (PMBX's)
and associated equipment-
(a) PMBX (5+20) switchboard-
(i) rental (AmendedL.N. 156 of 1989)$1,560 per annum
(H) connection or removal to a different
building $2,200
(iii) removal within the same building of
switchboard only $550
(iv) removal within the same building of
associated apparatus $660
(b) PMBX (10+30) switchboard-
(i) rental (AmendedL.N. 156 of 1989)$2,880 per annum
(ii) connection or removal to a different
building $4,180
(iii) removal within the same building of
switchboard only $880
(iv) removal within the same building of
associated apparatus $1,210





Item Particulars of Charge Amount of Charge

(c) PMBX (10+50) switchboard-
(i) rental (AmendedL.N. 156 of 1989) 54,320 per annum
(ii) connection or removal to a difrerent
building 54,510
(iii) removal within the same building of
switchboard only $1,100
(iv) removal within the same building of
associated apparatus $1,320
(d) PMBX (any other capacity) switchboard-
(i) rental for capacity of 12 indicator or less 5792 per annum
(ii) rental for each additional indicator $72 per annum
(iii) connection or removal to a different
building (see Note 1)
(iv) removal within the same building (see Note 1)
5. For each additional operator handset or headset $108 per annum
(see Note 2)
6. For miscellaneous apparatus-
(a) small extension bell-
(i) rental $72 per annum
(ii) connection or removal (Amended L.N.
156 of 1989) $275
(b) large extension bell-
(i) rental $84 per annum
(ii) connection or removal (Amended L.N.
156 of 1989) $275
(c) 4-metres long connecting cord $44 per cord
(see Note 2)
(d) 6-metres long connecting cord $66 per cord
(see Note 2)
(e) special dial ring $6 per telephone
(see Note 2)
(f) special dial label $1 per telephone
(see Note 2)
(g) bell cut-off switch $24 per annum
(see Note 2)
(h) watch receiver $48 per annum
(see Note 2)
(i) lamp signalling device mains operated $48 per annum
(see Note 2)
(j) lamp signalling transformer $72 per annum
(see Note 2)
(k) lamp signalling handset $60 per annum
(see Note 2)
(1) amplifying handset $84 per annum
(see Note 2)
(m) diversion key unit-
(i) rental $24 per annum
(ii) connection or removal (see Note 1)

(n) Conquest handset (Added L.N. 199 of1987) $168 per annum
(see Note 2)
(o) Inductive coupler (Added L.N. 199 of 1987) $72 per annum
(see Note 2)
(p) Autodialler (Added L.N. 199 of1987) $444 per annum
(see Note 2)
(q) Speakerphone (Added L.N. 199 of1987) $132 per annum
(see Note 4)





Item Particulars of Charge Amount of Charge

(r) Pressac tone ringer- (Added L.N. 199 of

1987)
(i) rental $84 per annum

(ii) connection or removal (Added L.N. 156
of 1989) $275
7. For a tropical cyclone warning service (minimum
period 12 months)---
(a) registration $100
(b) service $168 per annum
8. For a thunderstorm and heavy rain warning service
(minimum period 12 months)---
(a) registration $100
(b) service $264 per annum
9. For a flood warning service (minimum period 12
months)-
(a) registration $100
(b) service $168 per annum
10. Advice of duration of an outgoing international
telephone call (AmendedL.N. 156 of 1989) $3 per call
11. For non-standard telephone instruments- (Added
L.N. 199 of 1987)
(a) Big button telephone $156 per annum
(see Note 4)
(b) Executive I telephone 5 180 per annum
(see Note 4)
(c) Easaphone telephone $336 per annum
(see Note 4)
(d) Satellite telephone $312 per annum
(see Note 4)
12. For an emergency alert telephone (inclusive of
one radio trigger unit and one confirmation unit)-
(Added L.N. 243 of 1989)
(a) rental $1,692 per annum
(b) each additional radio trigger unit $324 per annum
(c) each additional confirmation unit 5204 per annum
(d) connection $200
(see Notes 5 and 6)
(e) connection of extension wiring from the main
socket $275
(f) removal within the same building for which
rewiring is required $275
(g) removal within the same building for which no
rewiring is required $140
(h) removal to a different building $200
(see Note 6)
Note: 1. In items 4(d)(iii), 4(d)(iv) and 6(m)(ii) a charge calculated in accordance with a
costing formula agreed from time to time by the Postmaster General. The charge calculated
shall not be less than $1,375 in respect of item 4(d)(iii) and $550 in respect of item
4(d)(iv).

2.In items 2(c), 5, 6(c), 6(d), 6(e), 6(f), 6(g), 6(h), 6(i), 6(j), 6(k), 6(1), 6(n), 6(0) and

6(p) a connection fee of $140 will be charged if no other connection or removal fee
of

associated work carried out at the same time.(AmendedL.N. 199 of 1987)





3.In item 3(b)(ii) a connection fee of $100 will be charged if no other connection or
removal fee of associated work carried out at the same time.

4. In items 6(q), 11 (a), 11 (b), 11 (e) and 11 (d) no connection fee will be charged for
a telephone instrument installed at the same time as the related exchange line or for an
additional telephone instrument installed at the same time as the related internal
extension. A fee of $140 will be charged for changing a telephone instrument and a
fee
of $50 for changing an additional telephone instrument. (Added L.N. 199 of1987)

5.In item 12 a fee of $140 will be charged for the connection of each additional radio
trigger unit or confirmation unit. (Added L.N. 243 of1989)

6.In item 12 no connection or removal fee will be charged for the system installed or
removed at the same time as the related exchange line or related internal extension if
no extension wiring for the main socket is required. (Added L.N. 243 of 1989)

(Schedule replaced L.N. 208 of 1985)

https://oelawhk.lib.hku.hk/items/show/3054

PRINTED DOCUMENTS (CONTROL) REGULATIONS

PRINTED DOCUMENTS (CONTROL) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation................................
Page
1. Citation ............................C 2

2. Printed document to bear name and address of printer C 2

3. Printer's name and address on document ....... C 2
4. Printer's name and address in book or pamphlet ....... C 2

5. Printer's name and address in newspaper C 2
6. Repealed .............................C 2
7. Prohibition of printing, etc . .......C 2
8. [Repealed] ...........................C 2
9. Copies of printed documents to be kept for 6 months C 2
10.......................................Copies of printed documents to bear name and address of printer C 3
11.......................................Chinese name to be in Chinese characters C 3
12.......................................Production of document to Registrar C 3
13.......................................Offences and penalties C 3

14. Exemption......................................................................................................................
..........................................C 3





PRINTED DOCUMENTS (CONTROL) REGULATIONS
(Cap. 268, section 18)
[1 July 1951]

15 of 1951, Second Schedule, Part IV- G.N.A. 210152, G.N.A. 27154, 57 of 1955, L.N. 96188

Citation

1. These regulations may be cited as the Printed Documents (Control)
Regulations.

Printed document to bear name and address of printer

2. Every printed document shall have printed thereon in legible type, in
English or Chinese, the name and full address of the printer of the document,
preceded by the words 'Printed By' or 'Printer' in English or Chinese.

Printer's name and address on document

3. If the printed document consists of a number of leaves bound or
fastened together or forming one sheet the printer's name and address shall
appear on the front of the first leaf or on the back of the last leaf or at the
bottom of the last printed page.
(L.N. 96188)

Printer's name and address in book or pamphlet

4. If the printed document is a book or pamphlet the printer's name and
address shall appear at the bottom of the last printed page.
(L.N. 96188)

Printer's name and address in newspaper

5. In the case of a local newspaper the printer's name and address shall
appear either on the front page or on the back page, and it shall be sufficient if
the printer's name and address appear in one place in the local newspaper
although the sheets may not be fastened together.
(L.N. 96188)

6. [Repealed, L.N. 961881

Prohibition of printing, etc.

7. No person shall print or publish or in any way whatsoever assist in the
distribution of any printed document which does not comply with the require-
ments of these regulations.

8. [Repealed, L.N. 96188]





Copies of printed documents to be kept for 6 months

9. Every person who prints any book, local newspaper or other printed
document shall keep one copy of such book, local newspaper or other printed
document for a period of 6 months after the printing thereof.
(L. IV. 96188)

Copies of printed documents to bear name and
address of printer

10. Such copy shall have written or printed thereon the name and full
address of the person by whom the printer was employed to print the same.

Chinese name to he in Chinese characters

11. If the name of such person is Chinese the name shall be written or
printed in Chinese characters.

Production of document to Registrar

12. The Registrar may demand the production to him of any printed
document and, on such demand, the printer shall produce a copy of such
printed document to the Registrar.
(L.N. 96188)

Offences and penalties

13. Any person who contravenes regulation 2, 3, 4, 5, 7, 9, 10, 11 or 12
shall be guilty of an offence and shall be liable on summary conviction to a fine
of $1,000 and to imprisonment for 6 months.
(G.N.A. 27154; L.N. 96188)

Exemption

14. (1) The Registrar may exempt any printed document from all or any
of the provisions of these regulations.

(2) Any person seeking exemption of a printed document under para-
graph (1) who is aggrieved by a decision of the Registrar under that paragraph
may appeal by way of petition to the Governor who-

(a)may regard such petition as being complete for the purposes of
considering the appeal; and

(b)may confirm, vary or reverse such decision or substitute therefor such
other decision or make such other order as he may think fit.

(3) The right of appeal provided by paragraph (2) shall not be exercisable
by any person after the expiration of 7 days from the notification to him in
writing of the Registrar's decision.
(L.N. 96188)

https://oelawhk.lib.hku.hk/items/show/3053

NEWSPAPERS REGISTRATION AND DISTRIBUTION REGULATIONS

NEWSPAPERS REGISTRATION AND DISTRIBUTION
REGULATIONS

ARRANGEMENT OF REGULATIONS
Regulation.................................
Page
1. Citation ............................R 2
2. Registration of newspapers ..........B 2
3. Particulars to be furnished to Registrar B 2
4. Particulars to be certified by proprietor, etc . B 2

5. Substituted particulars to be furnished and certified when any change occurs

or any inaccuracy is discovered .....B 2
6. Change of identity of editor ........B 3
7. How a certificate is to be given in the case of a company or firm B 3
8. Printing and publication prohibited unless regulations are complied with B 3
9. Newspaper register ..................B 3
10............Fees for search inspection and extract from newspaper B 3
11............................Copies of particulars B 3
12...........................Registration fees, etc . B 4
13..........................Distributor to be licensed B 4
14.......................Distribution of newspapers only B 4

15. Copies of newspapers printed or produced outside Hong Kong to be supplied

to Registrar ........................B 4
16..................................[Repealed] B 4
17..................................Exemption B 4
18.........Bulletins to registered newspaper deemed not to be newspaper B 5
19,...........................Ofrences and penalties B 5

Schedule...................................Forms ..................................................................................
...........................................B 5





NEWSPAPERS REGISTRATION AND DISTRIBUTION
REGULATIONS

(Cap. 268, section 18)

[1 July 1951]

15 of 1951, Second Schedule, Part I - G.N.A. 27154,57 of 1955, L.N. 2178, L.N. 95188

Citation

1. These regulations may be cited as the Newspapers Registration and
Distribution Regulations.

Registration of newspapers

2. Every local newspaper shall be registered in accordance with these
regulations.

Particulars to be furnished to Registrar

3. In order to effect registration one of the persons specified in regulation 4
shall furnish to the Registrar the particulars specified in Form 1 in the Schedule and
such other particulars of the proprietor, printer, publisher or editor of the local
newspaper as the Registrar shall in his absolute discretion require, and shall certify
the correctness of such particulars and of his own description.

(L.N. 95188)

Particulars to be certified by proprietor, etc.

4. The particulars specified shall be furnished and certified by the proprietor,
printer, publisher or editor of the local newspaper.

(L.N. 95188)

Substituted particulars to be furnished and
certified when any change occurs or any
inaccuracy is discovered

5. If any change occurs or if any inaccuracy is discovered, in any of the
specified particulars, the persons specified in regulation 4 shall, within 7 days,
furnish to the Registrar substituted particulars in Form 3 in the Schedule noting any
change in the particulars furnished under regulation 3 and shall certify the
correctness of such substituted particulars and of their own descriptions: (L.N.
95188)

Provided that if one of such persons complies with the requirements of this
regulation the obligations imposed by this regulation on any other persons shall be
deemed to have been discharged as regards the substituted particulars so
furnished.





Change of identity of editor

6. A change shall be deemed to have occurred in the identity of the editor if the
editor is absent from Hong Kong or if he ceases substantially to exercise the
functions of an editor.

(L.N. 95188)

How a certificate is to he given in
the case of a company or firm

7. If the particulars are furnished by a company the certificate shall be given by
a director, manager, secretary or other officer of the company, and if the particulars
are furnished by a firm the certificate shall be given by a partner of the firm.

Printing and publication prohibited unless
regulations are complied with

8. No person shall print or publish or act as editor of, or continue to print or
publish or act as editor of, any local newspaper unless all the requirements of these
regulations with respect to such local newspaper have been complied with:

Provided that it shall not be a breach of this regulation to fail to register as a
separate local newspaper a news sheet or sheets which constitutes or constitute in
the opinion of the Registrar a later edition or editions of a local newspaper registered
under these regulations.

(L.N. 95188)

Newspaper register

9. The particulars furnished in accordance with the provisions of these
regulations shall be kept by the Registrar as a register of local newspapers.

(L.N. 95188)

Fees for search inspection and extract from newspaper

10. Any person on may search and inspect any register of local newspapers on
payment of $15 for every such search and inspection, and any person may require
an extract from any such register to be certified by the Registrar on payment of $65
for every such extract.

(L.N. 95188)

Copies of particulars

11. The Registrar shall-

(a)upon the registration of a local newspaper following the furnishing under
regulation 3 of particulars specified in Form 1 in the Schedule; and

(b)upon the furnishing under regulation 5 of substituted particulars specified
in Form 3 in the Schedule,

send by post a copy of Form 1 or Form 3, as the case may be, to each person named
therein.

(L.N. 95188)





Registration fees, etc.
12. (1) A fee of $450 shall be payable on registration under regulation 2.
(2) An annual fee of $450 shall be payable for every year other than the
first during which such registration remains in force and shall become due on
the anniversary of the day upon which the registration was effected.
(3) A fee of $45 shall be payable on every occasion upon which
substituted particulars are furnished under regulation 5.
(L.N. 95188)

Distributor to be licensed
13. (1) Subject to paragraph (3), no newspaper shall be distributed for
sale except by a newspaper distributor licensed by the Registrar.
(2) A licence shall be in Form 2 in the Schedule and a fee of $450 per
annum or part thereof shall be payable for such licence for the period ending 31
December of any year.
(3) No licence shall, by reason of this regulation, be required for the sale
by retail of any newspaper to any member of the public.
(L.N. 95188)

Distribution of newspapers only
14. No document (other than a document forming an integral part of a
newspaper) shall be distributed in or with any newspaper without the consent of
the Registrar.
(L.N. 95188)

Copies of newspapers printed or produced outside
Hong Kong to he supplied to Registrar
15. (1) A newspaper distributor licensed under regulation 13 shall supply
to the Registrar on the day of distribution or on the day next following (other
than a holiday) a copy of every newspaper printed or produced outside Hong
Kong and distributed by him and of every second or other varied edition or
impression of that newspaper so distributed.
(2) The copy of every newspaper supplied to the Registrar under
paragraph (1) shall bear the signature, full name and address of the newspaper
distributor.
(3) The Registrar shall keep in his possession the copy of every newspaper
supplied to him under paragraph (1) for a period of not less than 6 months after
which time he may destroy or otherwise dispose of that copy.
(L.N. 95188)

16. [Repealed, L.N. 951881

Exemption
17. (1) The Registrar may exempt any local newspaper from all or any of
the provisions of these regulations.





(2) Any person seeking exemption of a local newspaper under paragraph (1)
who is aggrieved by a decision of the Registrar under that paragraph may appeal by
way of petition to the Governor who

(a)may regard such petition as being complete for the purposes of
considering the appeal; and

(b)may confirm, vary or reverse such decision or substitute therefor such
other decision or make such other order as he may think fit.

(3) The right of appeal provided by paragraph (2) shall not be exercisable by
any person after the expiration of 7 days from the notification to him in writing of
the Registrar's decision.

(L.N. 95188)

Bulletins to registered
newspaper deemed not to he
newspaper

18. Bulletins issued by a news agency which has satisfied the Registrar that
such bulletins are distributed in Hong Kong only to local newspapers registered
under these regulations shall, while the distribution remains so restricted not be
deemed to be a local newspaper for the purpose of these regulations and shall be
exempted therefrom. The Registrar shall declare in writing under his hand whether or
not he has been satisfied as aforesaid.

(L.N. 95188)

Offences and penalties

19. Any person who contravenes regulation 2, 3, 4, 5, 8, 13(1), 14 or 15 shall be
guilty of an offence and shall be liable on summary conviction to a fine of $1,000 and
to imprisonment for 6 months provided that a contravention of regulation 15 shall be
punishable only by such fine.

(G.N.A. 27154; L.N. 95188)

SCHEDULE [regs. 3, 5, 11
and 13]
FORM1
REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE
(Chapter 268)

NEWSPAPERS REGISTRATION AND DISTRIBUTION REGULATIONS

PARTICULARS OF PROPRIETOR, PRINTER, PUBLISHER
AND EDITOR OF LOCAL NEWSPAPER

Name of local newspaper ............................................................................................................
......

Address of local newspaper ...................................
.......................................

Frequency of publication ...........................................................................................................
......

quarterly/monthly/fortnight
or otherwise)





Full name of proprietor
....................................................................................................................

Business address of proprietor ......................................................................
.................... Tel.:

*Hong Kong identity card no. of proprietor ................................................................................

Signature or seal of proprietor ------------

Full name of printer
..........................................................................................................................

Business address of printer ..........................................................
.................... Tel.:

*Hong Kong identity card no. of printer
..........................................................................................

Signature or seal of printer
........................................................................................

Full name of publisher
.....................................................................................................................

Business address of publisher .......................
.........................................................

...........................1 1 Tel.:

*Hong Kong identity card no. of publisher
......................................................................................
Signature or seal of publisher
...........................................................................................................

Full name of editor
...................................................................................................
Business address of editor ..............................................................................................

............... 1 Tel.:

*Hong Kong identity card no. of editor
.............................................................................................
Signature or seal of editor
.................................................................................................................

1 certify that the above particulars and my description are
correct.

**Signature of informant:
..............................................

Description of informant: 1

proprietor/printer/publisher/
edit or or otherwise)

Date: ..........................

Note: *(i) Where no Hong Kong identity card is held a passport or other travel document
no. should be
inserted.
In the case of a company or other body corporate the company registration no. should be inserted.
**(ii) In the case of a company or other body corporate the informant should be a director,
manager,






secretary or other officer of that company or body corporate.
In the case of a firm or partnership the informant should he a partner of that firm or partnership.





1988 Ed.] Newspapers Registration and
Distribution Regulations




FORM 2

Licence No. ... ................................

REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE
(Chapter 268)

NEWSPAPERS REGISTRATION AND DISTRIBUTION REGULATIONS

NEWSPAPER DISTRIBUTOR'S LICENCE

................................ (full name)

of
....................................................................................................................................
..................

............................................. . (business address)
............................................. . (Hong Kong identity card no.)

is licensed as a newspaper distributor at
............................................................................................

............... (address or location) for the period ending 31 December 19 .

Fee: $ Payment received.

(photograph of
licensee)

...............................

Registrar of Newspapers

Date .................................................






FORM 3

REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE

(Chapter 268)

NEWSPAPERS REGISTRATION AND DISTRIBUTION REGULATIONS

CHANGE OF PARTICULARS OF LOCAL NEWSPAPER

***Dale of
Particulars Existing SubstitutedChange

Name of local

newspaper ...........................
.................

Address of local

newspaper ................................... ;
..................................... ......

Frequency of

publication.............................
daily or otherwise)

Full name of

proprietor ............................................... ..........................................

Business address of

proprietor .......................................... ...........
...................







Tel.:- .......... Tei.: ...................................





***Date of
Particulars Existing Substituted Change

*Hong Kong identity
card no. of
proprietor

Signature or seal of
new proprietor

Full name of
printer

Business address of
printer

'Fei.: .....Tei.:

*Hong Kong
identity card no.
of printer

Signature or seal of new
printer

Full name of
publisher

Business address of
publisher

Tel.: ......Tel.:

*Hong Kong identity
card no. of publisher

Signature or seal of
new publisher

Full name of
editor

Business address of
editor

Tel.: ........Tel.:
*Hong Kong identity
card no. of editor................................................. ..........................................

Signature or seal of new

editor ........................................................

1 certify that the above particulars and my description are
correct.

**Signature of informant:
..................................................

Description of informant:
...............................................

(proprietor/printer/publisher/
editor/or otherwise)







Date:..............................................................................





Note: *(i) Where no Hong Kong identity card is held a passport or other travel document
no. should be
inserted.
In the case of a company or other body corporate the company registration no. should be inserted.
**(ii) In the case of a company or other body corporate the informant should be a director, manager,
secretary or other officer of that company or body corporate.
In the case of a firm or partnership the informant should he a partner of that firm or partnership.
***(iii) Insert 'No change' where furnished particulars remain unchanged.




1988 Ed.] Newspapers Registration and Distribution Regulations

https://oelawhk.lib.hku.hk/items/show/3052

NEWS AGENCIES REGISTRATION REGULATIONS

NEWS AGENCIES REGISTRATION REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1.......................................Citation A 2
2.......................................Application A 2
3.......................................Registration of news agencies A 2

4. Particulars to be furnished to Registrar ....................... A 2

5.......................................Particulars to be certified by proprietor, etc . A 2

6. Substituted particulars to be furnished and certified when any change occurs

or any inaccuracy is discovered ...A 2

7. Change of identity of editor ................................ A 3

8. How a certificate is to he given in the case of a company or firm A 3
9. Printing and publication prohibited unless regulations are complied with A 3
10.......................................News agency register A 3
11.......................................Fees for search inspection and extract from news agency A 3
12.......................................Copies of particulars A 3
13.......................................Registration fees, etc . A 4

14. Exemption .................................... A 4

15.......................................Offences and penalties A 4
Schedule..................................Forms A4





NEWS AGENCIES REGISTRATION REGULATIONS
(Cap. 268, section 18)
[1 July 1951]

15 of 1951, Second Schedule, Part III- G.N.A. 27/54, 57 of 1955, L.N. 1/78, L.N. 94/88

Citation

1. These regulations may be cited as the News Agencies Registration
Regulations.

Application

2. These regulations shall apply to any news agency in respect of the
bulletins of which the Registrar has under regulation 18 of the Newspapers
Registration and Distribution Regulations (Cap. 268, sub. leg.) declared himself
to be satisfied that they are distributed in Hong Kong only to local newspapers
registered under such regulations.
(L.N. 94/88)

Registration of news agencies

3. Every news agency shall be registered in accordance with these
regulations.

Particulars to he furnished to Registrar

4. In order to effect registration, one of the persons specified in
regulation 5 shall furnish to the Registrar the particulars specified in Form 1
in the Schedule and such other particulars of the proprietor and manager
of the news agency and the printer, publisher or editor of the bulletin dis-
tributed by the news agency as the Registrar shall in his absolute discretion
require and shall certify the correctness of such particulars and of his own
description.
(L.N. 94/88)

Particulars to be certified by proprietor, etc.

5. The particulars specified shall be furnished and certified by the
proprietor or manager of the news agency.

Substituted particulars to be furnished and certified when
any change occurs or any inaccuracy is discovered

6. If any change occurs or if any inaccuracy is discovered, in any of
the specified particulars, the persons specified in regulation 5 shall, within
7 days, furnish to the Registrar substituted particulars in Form 2 in the
Schedule noting any change in the particulars furnished under regulation 4 and
shall certify the correctness of such substituted particulars and of their own
descriptions: (L.N. 94/88)





Provided that if one of such persons complies with the requirements of this
regulation the obligations imposed by this regulation on any other person shall
be deemed to have been discharged as regards the substituted particulars so
furnished.

Change of identity of editor
7. A change shall be deemed to have occurred in the identity of the editor
if the editor is absent from Hong Kong or if he ceases substantially to exercise
the functions of an editor.
(L.N. 94/88)

How a certificate is to be given in the case of a company
or firm

8. If the particulars are furnished by a company the certificate shall be
given by a director, manager, secretary or other officer of the company, and if
the particulars are furnished by a firm the certificate shall be given by a partner
of the firm.

Printing and publication probibited unless regulations are
complied with

9. No person shall print or publish or act as editor of, or continue to
print or publish or act as editor of, any news agency unless all the requirements
of these regulations with respect to such news agency have been complied with.

News agency register

10. The particulars furnished in accordance with the provisions of these
regulations shall be kept by the Registrar as a register of news agencies.
(L.N. 94/88)

Fees for search inspection and extract from news agency
11. Any person may search and inspect any news agency register on
payment of $15 for every such search and inspection, and any person may
require an extract from any news agency register to be certified by the Registrar
on payment of $65 for every such extract.
(L.N. 94/88)

Copies of particulars

12. The Registrar shall-

(a)upon the registration of a news agency following the furnishing under
regulation 4 of particulars specified in Form 1 in the Schedule; and
(b)upon the furnishing under regulation 6 of substituted particulars
specified in Form 2 in the Schedule,
send by post a copy of Form 1 or Form 2, as the case may be, to each person
named therein.
(L.N. 94/88)





Registration fees, etc.

13. (1) A fee of $450 shall be payable on registration under regulation 3.

(2) An annual fee of $450 shall be payable for every year other than the first
during which such registration remains in force and shall become due on the
anniversary of the day upon which the registration was effected.

(3) A fee of $45 shall be payable on every occasion upon which substituted
particulars are furnished under regulation 6.

(L.N. 94188)

Exemption

14. (1) The Registrar may exempt any news agency from all or any of the
provisions of these regulations.

(2) Any person seeking exemption of a news agency under paragraph (1) who
is aggrieved by a decision of the Registrar under that paragraph may appeal by way
of petition to the Governor who

(a)may regard such petition as being complete for the purposes of
considering the appeal; and

(b)may confirm, vary or reverse such decision or substitute therefor such
other decision or make such other order as he may think fit.

(3) The right of appeal provided by paragraph (2) shall not be exercisable by
any person after the expiration of 7 days from the notification to him in writing of the
Registrar's decision.

(L.N. 94188)

Offences and penalties

15. Any person who contravenes regulation 3, 4, 5, 6 or 9 shall be guilty of an
offence and shall be liable on summary conviction to a fine of $1,000 and to
imprisonment for 6 months.

(G.N.A. 27154; L.N. 94188)

SCHEDULE [regs. 4, 6 and 121

FORM 1

REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE

(Chapter 268)

NEWS AGENCIES REGISTRATION REGULATIONS

PARTICULARS OF PROPRIETOR AND MANAGER
OF NEWS AGENCY AND PRINTER, PUBLISHER
AND EDITOR OF BULLETIN

Name of news agency
.......................................................................................................................
Address of news agency
.....................................................................................................................





Full name of proprietor ....................................
....................................

Business address of proprietor ...................
........................................................................

....................... . Tel.:

*Hong Kong identity card no. of proprietor ..........................................
Signature or seal of proprietor .........................................

Full name of manager
.......................................................................................................................

Business address of manager ........................................................................................................
.....

................................................................. ............................
Tel.:

*Hong Kong identity card no. of manager .................
............................

Signature or seal of manager ...................................
Full name of printer of bulletin .................................................
..................................................

Business address of printer
..............................................................................................

............... .......... Tel.:

*Hong Kong identity card no, of printer
...........................................................................................

Signature or seal of printer ..........................................
Full name of publisher of bulletin ...................................
............................
Business address of publisher ............
......................

................................................................. Tel.:

*Hong Kong identity card no. of publisher ...

Signature or seal of publisher .....................................................................................................
.......

Full name of editor of bulletin .......

Business address of editor
..................................................................................................................

............. ....... ............................... Tel.:

*Hong Kong identity card no. of editor ............

Signature or seal of editor ....
..........................................................................

I certify that the above particulars and my description are correct.

**Signature of informant: ............. ................................
Description of informant:







(proprietor/manager/
or otherwise)

Date: ......................................

Note: *(i) Where no Hong Kong identity card is held a passport or other travel document
no. should be
inserted.
In the case of a company or other body corporate the company registration no. should be inserted.
**(ii) In the case of a company or other body corporate the informant should be a director,
manager,
secretary or other officer of that company or body corporate.
In the case of a firm or partnership the informant should be a partner of that firm or partnership.





1988 Ed.] Newa Agencies Registration Regulations




FORM 2

REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE

(Chapter 268)

NEWS AGENCIES REGISTRATION REGULATIONS

CHANGE OF PARTICULARS OF NEWS

AGENCY OR BULLETIN
***Date of
Particulars Existing SubstitutedChange

Name of news agency................................................ ..........................................
Address of news agency............................................. ..........................................

............ ..........................................
............ ..........................................

Full name of proprietor............................................ ....................................

Business address of

proprietor........................................................ ..........................................

............ ..........................................
............ ..........................................

Tel.: ......Tel.:

*Hong Kong identity

card no. of proprietor............................................ ..........................................

Signature or seal of new

proprietor ........................................................
Full name of manager............................................... ..........................................

Business address of

manager .......................................... ..........................................

............ ..........................................
............ ..........................................

Tel.:...........................................
Tel.:...........................................





***Date
of
Particulars Existing Substituted
Change

*Hong Kong identity
card no. of manager ............................

Signature or seal of
new manager

Full name of printer of
bulletin ............................

Business address of
printer ..........................................

............ ..........................................

Tel.: ......Tel.:

*Hong Kong identity

card no. of printer............................................... ..........................................

Signature or seal of new

printer ........................................................

Full name of publisher

of bulletin....................................................... ..........................................

Business address of

publisher .......................................... ..........................................

............

Tel.: ......Tel.:

*Hong Kong identity

card no. of publisher............................................. ........................................

Signature or seal of new

publisher ......................................................

Full name of editor of

bulletin .......................................... ........................................

Business address of

editor .......................................... ..........................................

............

Tel.:...........................................
Tel.:...........................................

*Hong Kong identity

card no. of editor ................................................







Signature or seal of new
editor ..........................................

1 certify that the above particulars and my description are
correct.

**Signature of informant:
..................................................

Description of informant:
...............................................

(proprietor/manager
/ or otherwise)

Date:..............................................
.......................................





Note: *(i) Where no Hong Kong identity card is held a passport or other travel document
no. should be
inserted.
In the case of a company or other body corporate the company registration no. should be inserted.
**(ii)In the case of a company or other body corporate the informant should be a director, manager,
secretary or other officer of that company or body corporate.
In the case of a firm or partnership the informant should be a partner of that firm or partnership.
***(iii) Insert 'No change' where furnished particulars remain unchanged.






1988 Ed.] News Agencies Registation Registations

https://oelawhk.lib.hku.hk/items/show/3051

REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE

LAWS OF HONG KONG

REGISTRATION OF LOCAL NEWSPAPERS

ORDINANCE

CHAPTER 268





CHAPTER 268

REGISTRATION OF LOCAL NEWSPAPERS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ...
... ... ... ... ... ... ... ... ... ... ... ... ... 2
3-6. [Repealed 1 ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... 3
7. Registration of local newspapers ... ... ... ... ... ... ... ... ... ... 3
8-10. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
11. Unlawful to furnish incorrect particulars ... ... ... ... ... ... ... ... 3
12. Certified extract from local newspaper register to be admissible in evidence ... ...
3
13. Presumption as to printer ... ... ... ... ... ... ... ... ... ... ... ... 3
14. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
15. Vicarious responsibility of proprietor, printer, publisher and editor ... ... ... 4
16. Service of process ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
17. Copies of local newspapers to be delivered to Registrar ... ... ... ... ... ... 4
17A. Evidence for civil or criminal proceedings ... ... ... ... ... ... ... ... ... 4
18. Regulations ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... 5
19. Cessation of publication, etc . ... ... ... ... ... ... ... ... ... ... ... 6
20. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6
21. Amendment of Schedule ... ... ... ... ... ... ... ... ... ... ... ... 6

Schedule. Publications excluded from definition of newspaper ... ... ... ... ...
... 6





CHAPTER 268

REGISTRATION OF LOCAL NEWSPAPERS

To provide for the registration of local newspapers and news agencies
and the licensing of newspaper distributors and for matters
connected therewith. (Replaced, 15 of 1987, s. 2)

[1 July 1951.]

1. This Ordinance may be cited as the Registration of Local
Newspapers Ordinance.

(Amended, 15 of 1987, s. 3)

2. In this Ordinance, unless the context otherwise requires-

'address' in the case of an individual means his residence or usual
place of business, and in the case of a corporation means the head
office of such corporation within Hong Kong; (Amended, 15 of
1987, s. 4)

'contravene' includes a failure to comply;

,,editor' means the chief editor if there are more editors than one, and
includes any person acting as chief editor or performing any of the
usual functions of a chief editor;

'local newspaper' means a newspaper printed or produced in Hong
Kong; (Replaced, 15 of 1987, s. 4)

'newspaper' means any paper or other publication and any supplement
thereto available to the general public which

(a)contains news, intelligence, occurrences or any remarks,
observations or comments in relation to such news,
intelligence, or occurrences or to any other matter of public
interest; and

(b)is printed or produced for sale or free distribution and
published either periodically (whether half-yearly, quarterly,
monthly, fortnightly, weekly, daily or otherwise) or in parts or
numbers at intervals not exceeding 6 months; and

(c)does not comprise exclusively any item or items specified in
the Schedule; (Replaced, 15 of 1987, s. 4)

'printed document' includes every piece of paper, cloth or other similar
material, bearing any words, pictures or signs which were or appear
to have been wholly or partly produced by any mechanical,
electrical or other copying process in Hong Kong and the collection
of such pieces of paper, cloth or other material in any bound or
other permanent form (Replaced, 15 of 1987, s. 4)





'proprietor' includes lessee;

'Registrar' means such officer as may be appointed by the Governor to
act as registrar of newspapers, and includes any person appointed
by the Governor to act as deputy registrar of newspapers.

3-6. [Repealed, 15 of 1987, s. 5]

7. (1) Every local newspaper shall be registered in accordance with
regulations made under section 18.

(2) The proprietor of any local newspaper may at any time give
notice to the Registrar that he desires the registration of that local
newspaper to cease and the Registrar shall, on the receipt of such
notice, cancel the registration of that local newspaper which shall cease
to be registered from the date of such cancellation.

(Replaced, 15 of 1987, s. 6)

8-10. [Repealed, 15 of 1987, s. 7]

11. Where any particular is by this Ordinance or by any
regulation made thereunder thereunder required to be furnished and
any
particular furnished by way of compliance with such requirement is
incorrect, the person who certified the correctness of such particular
shall be deemed to have committed an offence against this Ordin-
ance unless he proves-

(a)that he believed that the particular furnished was correct; and

(b)that he could not with the exercise of reasonable diligence
have discovered its incorrectness.

12. In any proceedings whatsoever against the proprietor, printer,
publisher or editor of any local newspaper, it shall be lawful for the
complainant or plaintiff to put in any entry in or certified extract from any
register of local newspapers kept by the Registrar in accordance with
regulations made under section 18, either(Amended, 15 of 1987, s. 8)

(a)as evidence of the truth of the matters stated in such entry or
extract; or

(b)as evidence that the particulars appearing in such entry or
extract were furnished and certified by the informant by whom
they purport to have been furnished and certified.

13. In any proceedings whatsoever it shall, unless the contrary is
proved, be presumed that the person whose name appears in any local
newspaper or other document as the printer of that local newspaper or
other document is in fact the printer.

(Replaced, 15 of 1987, s. 9)

14. [Repealed, 15 of 1987, s. 10]





15. On the trial of the proprietor, printer, publisher or editor
of any local newspaper, or the printer of any other document, for
any offence in which an ingredient is the publication of matter
contained in any issue of such local newspaper or in such document,
the accused person shall be presumed to have published all matter
contained in such issue or in such document, as the case may be,
unless he proves that the publication was made without his author-
ity, consent or knowledge, and that the publication did not arise
from want of the due care or caution on his part.
(Replaced, 57of 1955,s. 3. Amended, 15 of 1987,s.]])

16. Without prejudice to any other method of service, any
process whatsoever, civil or criminal, addressed to the proprietor,
printer, publisher or editor of any local newspaper shall for all
purposes be deemed to be duly served if left with some adult at or
sent by registered post to the registered address of the office of the
local newspaper.
(Amended, 15 of 1987, s. 12)

17. (1) The publisher or, failing him, the printer of every local
newspaper shall, on every day on which that local newspaper is
published or on the day next following (other than a holiday),
deliver or cause to be delivered to the Registrar a copy of that local
newspaper and of every published second or other varied edition or
impression thereof.

(2) The copy of every local newspaper delivered to the Regis-
trar under subsection (1) shall bear the signature, full name and
address of the printer or publisher thereof or the signature, full name
and address of some other person appointed and authorized by that
printer or publisher for that purpose and whose appointment and
authority have been lodged with the Registrar.

(3) The Registrar shall keep in his possession the copy of every
local newspaper delivered to him under subsection (1) for a period of
not less than 6 months after which time he may destroy or otherwise
dispose of that copy.
(Replaced, 15 of 1987, s. 13)

17A. (1) Where any person requires a copy of a local newspa-
per delivered to the Registrar under section 17(1) to be produced in
evidence in any civil or criminal proceedings, the Registrar shall
cause the copy of that local newspaper to be produced in court at the
expense of the person applying for it, or shall deliver the copy to that
person taking reasonable security for its return.

(2) A copy of a local newspaper produced or delivered under
subsection (1) shall be sufficient evidence of any matter or thing
contained therein.

(3) Every proprietor, printer, publisher or editor of a copy of a
local newspaper produced or delivered under subsection (1) shall be
deemed to be the proprietor, printer, publisher or editor respectively





of all local newspapers which are of the same title, purport or effect
as the copy of the local newspaper so produced or delivered (any
minor variations being disregarded) unless the proprietor, printer,
publisher or editor proves that those local newspapers were not
printed, published or edited by him or with his knowledge or
consent.
(Added, 15 of 1987, s. 13)

18. The Governor in Council may by regulation provide for-

(a)the registration of local newspapers and news agencies and
their proprietors, printers, publishers and editors and the
keeping of registers for that purpose; (Replaced, 15 of
1987,s. 14)

(b)the licensing of newspaper distributors upon such condi-
tions as may be prescribed by regulation;

(c)the prohibition of the distribution of newspapers except by
newspaper distributors licensed for that purpose;

(d)the regulation of the distribution with or in newspapers of
documents not forming an integral part thereof,

(e)the supply by newspaper distributors to the Registrar of a
copy of newspapers printed or produced outside Hong
Kong;

[Deleted, 15 of 1987, s. 14]

(g)the particulars to be furnished in connexion with registra-
tion or licensing, notification of any change in the required
particulars and the manner in which and the conditions
upon which effect may be given or refused to be given.. to
any such change;

(h)the manner in which the identity of the printer of any local
newspaper or other printed document and the time of
printing or publication shall be established, and in particu-
lar for the printing of the printer's name and address on
local newspapers and other printed documents;

(i)the prohibition of the editing, printing, publication,
possession and distribution of local newspapers and other
printed documents which do not comply with the require-
ments of any regulations made pursuant to this section;

(j)the retention by the printer of copies of local newspapers
and other printed documents, the particulars to be inscribed
on such retained copies and the production of retained
copies to such persons as may be prescribed;

(k) [Deleted, 15 of 1987, s. 141

(1)granting exemption from all or any of the provisions of
this Ordinance or of any of the regulations made there-
under;





(m) fees;

(n) forms;

(o)anything which is by this Ordinance to be provided by
regulation.

(Replaced, 57 of 1955, s. 4. Amended, 15 of 1987, s. 14)

19. If any local newspaper ceases publication, or any news agency
ceases to issue bulletins, for a consecutive period of not less than 6
months, the registration thereof under any regulations for the time being
in force shall be deemed to have lapsed.

(Added, 57 of 1955, s. 5. Amended, 15 of 1987, s. 15)

20. (1) Any person who commits an offence against this Ordinance
shall be liable

(a)on summary conviction to a fine of $5,000 and to imprisonment
for 1 year; and

(b)upon conviction on indictment to a fine of $ 15,000 and to
imprisonment for 3 years.

(2) Every printer or publisher of a local newspaper who
contravenes the provisions of section 17 as to the delivery of copies of
such local newspaper at the office of the Registrar shall be liable on
summary conviction to a fine of $1,000.

(Amended, 15 of 1987, s. 16)

21. The Governor in Council may, by notice published in the
Gazette, amend the Schedule.

(Added, 15 of 1987, s. 17)

SCHEDULE [ss. 2 & 2 1.1

PUBLICATIONS EXCLUDED FROM DEFINITION
OF NEWSPAPER

Item Description
1. Academic journals.
2. Almanacs.
3. Cartoons and comic strips.

4. Collections of photographic images (with or without captions).
5. Commercial advertisements and corn commercial advertising circulars and

brochures.

6. Commercial circulars.
7. Company and partnership reports and company prospectuses.
8. Consumer information and reports.
9. Election pamphlets and posters.
10. Financial, economic and statistical reports.
11. Information sheets and newsletters relating to clubs, educational

institutions, professional associations, societies, trade unions and other
organizations.





12. Maps, charts and tables.
13. Price lists.
14. Public speeches and statements.
15. Racing tips, racing form reports and other related materials.
16. Religious materials.
17. Sales catalogues.
18. Sheet music.
19. Trade catalogues and journals.
20. Travel brochures.
(Replaced, 15 of 1987, s. 18)
Originally 15 of 1951. 57 of 1955. 8 of 1977. 40 of 1985. 15 of 1987. G.N.A.114/51. Short title. Interpretation. Schedule. Registration of local newspapers. Unlawful to furnish incorrect particulars. Certified extract from local newspaper register to be admissible in evidence. Presumption as to printer. Vicarious responsibility of proprietor, printer, publisher and editor. Service of process. Copies of local newspapers to be delivered to Registrar. Evidence for civil or criminal proceedings. Regulations. Cessation of publication, etc. Penalties. Amendment of Schedule.

Originally 15 of 1951. 57 of 1955. 8 of 1977. 40 of 1985. 15 of 1987. G.N.A.114/51. Short title. Interpretation. Schedule. Registration of local newspapers. Unlawful to furnish incorrect particulars. Certified extract from local newspaper register to be admissible in evidence. Presumption as to printer. Vicarious responsibility of proprietor, printer, publisher and editor. Service of process. Copies of local newspapers to be delivered to Registrar. Evidence for civil or criminal proceedings. Regulations. Cessation of publication, etc. Penalties. Amendment of Schedule.

https://oelawhk.lib.hku.hk/items/show/3050