RAILWAYS ORDINANCE, 1909

RAILWAYS ORDINANCE, 1909

No. 7 of 1909, incorporated in No. 5 of 1865.
No. 8 of 1909, incorporated 1D No. 11 of 1907.
No. 9 of 1909, incorporated in No. 10 of 1899.
No. 10 of 1909, Incorporated in No. 3 of 1901.
No. 11 of 1909, incorporated in No. 1 of 1903.
No. 12 of 1909, repealed by No. 8 of 1912.
No. 13 of 1909, lneorporated in No. 4 of 1899.
No. 14 of 1909, icorporated No. 2 of 1883.
No. 15 of 1909, incorporated generally.
No. 16 of 1909, repeated by No. 23 of 1909.
No. 17 of 1909, incorporated in No. 4 of 1889.
No. 18 of 1909, repeated by No. 31 of 1911.
No. 19 of 1909, incorporated in No. 16 of 1901.
No. 20 of 190~, repealed by No. 58 of 1911.

No. 21 of 1909.
An Ordinance to regulate the and management
of railways.
[16th July, 1909.]

[preamble, rep. Law Revision Ordinance, 1924.]

1. This Ordinancemlay be cited as the Railways Ordi-
nalice, 1909.

2. In this Ordinance,
(a) ' The admUtistration ineans the manager or such
other person as the Governor may appoint to conduct the
affairs of any railway. So long as any railway is in course

As amended by Law Rev. Ord., 1924.





of construction, it means the chief resident engineer or such
other person as the Governor may appoint to supervise the
said constriiction.

(b) ---Assistant manager means the person appointed by
the Governor to act as assistant inanagrer of a railway.

(c) Manager means the person appointed by the
Governor to act as manager of a railway.

(d) Railway means a railway or any portion of a railway
for the public carriage of passengers, animals, or goods, and
includes-
(i) all land with the fences or other boundary marks
indicating the limits of the land appurtenant to a railway;

(ii) all lines of rails, sidings, or branches worked over for
the purposes of or in connexion with a railway;

(iii) all stations, offices, warehouses, wharves, workshops,
manufactories, fixed plant, and machinery, and other works
constructed for the purposes of or in connexion with a
railway; and

(iv) all ferries, ships, boats, and crafts which are used for
the traffic of a railway and belong to or are hired or worked
by the authority administering the railway.

(e) Railway official includes any manager or assistant
manager and all such officers, servants, agents, and other
persons as may be employed to do any act upon or in
connexion with a railway.

[s. 3, rep. No. 8 of 1912.]

4. All duties and powers hereinafter required to be per-
formed and exercised by the manager or by the chief
resident engineer shall and may, in the absence of the
manager or of the chief resident engineer, be performed and
exercised by an assistant manager or by an assistant
engineer.

5. The administration shall have the custody and ad-
ministration of all railways subject to the general authority
of the Governor in Council.

6. The Governor shall appoint suitable officers to carry
out the provision--, of this Ordinance, such officers to be
under the control of the administration, subject to the
general authority of the Governor.





7. The Governor in Council may authorise the construe-
tion of any railway within the Colony, and the Governor
may acquire under the provisions of the Crown Lands
Resumption Ordinance, 1900, such lands as he may deem
necessary for the purposes of such railway.

8. For the purpose of constructing any such authorised
railway, the administration may-

(1) make or construct in, upon, across, under, or over any
lands or any streets, hills, valleys, roads, railways or trainways,
or any rivers, canals, brooks, streams, or other waters, or any
drains, water pipes, gas pipes, electric wires, or posts, such
temporary or permanent inclined planes, arches, tunnels,
culverts, embankments, aqueducts, bridges, roads, lines of
railway, ways, passages, conduits, drains, piers, abutments,
cuttings, and fences as the administration thinks proper;

(2) alter the course of any rivers, brooks, streams, or
watercourses, for the purpose of constructing and maintain-
ing tunnels, bridges, passages or other works over or under
them; and divert, widen, narrow, or alter, as well temporarily
as permanently, the course of any rivers, brooks, streams, or
watercourses, or any roads, streets, or ways ; or raise or sink
the level thereof in order the more conveniently to carry
them over or under or by the side of the rallway as the
administration thinks proper;

(3) inake drains or conduits into, through, or under any
lands adjoining the railway for the purpose of conveying
water to or from the railway -

(4) erect and construct such houses, warehouses, offices,
and other buildings, and such yards, stations, wharves,
engines, machinery, apparatus, and other works and con-
veniences as the administration thinks proper;

(5) alter, repair, or discontinue such buildings, works and
conveniences as aforesaid or any of them and substitute
others in their stead ; and

(6) do all other acts necessary for making, maintaining,
altering, or repairing, and using the railway.

The exercise of thepowers conferred on the administration
by this section shall he subject to the control of the Governor
in Council.





9. The administration may for the purpose of exercising
the powers conferred on it by this Ordinance alter the level
or position of any pipe, conduit, drain, electric wire or post,
provided that it shall give reasonable notice of its intention
to do so to the person tinder whose control such pipe,
conduit, drain, electric wire, or post is, The administration
shall execute the work to the reasonabls satisfaction of such
person.

10.-(1) The Governor in Council may authorise the
administration in case, of any slip or other accident happen-
ing or being apprehended to any cutting, embankment, or
other work under the control of the administration to enter
upon any lands adjoining its railway for the purpose of
repairing or preventing the, accident, and to do all such

works as may be necessary for the purpose.

(2) In case of necessIty the administration may enter
upon the lands and do the works aforesaid without having
the provious satiction of the Governor in council, but in
such a case shall within seventy-two hours after such entry
make a report to the Governor in Council specifying the
nature of the accident or apprehended accident and of the
works necessary to be done, and the power conferred on the
administration by this sub-section shall cease and determine
if the Gtovernor in Council considers that the exercise of the
power is not necessary for the public safety.

11. The administration shall make and maintain for
the accommodation of the owners and occupiers of lands
adjoining any railway,-

(1) convenient crossings, bridges, arches, culverts, and
passages over, under, or by the sides of, or leading to or
from such railway ror the ptirpose of making good any
interruptions caused by the railway to the use of the lands
through which such railway is made; and

(2) arches, tunnels, eulverts, drains, watercourses, or
other passages over, or under, or by the sides of the railway
for the purpose of conveying water at all times as freefy
from or to such lands as before the making of such railway
or as nearly as may be :





Provided that-

(1) the administration shall not be required to make any
accommodation works in such a manner as would prevent,
or obstruct the working or using of the railway, or to make
any accommodation works with respect to which the
occupiers of the land have agreed to receive and have been
paid compensation, or to make any accommodation works
with respect to which the owners or occupiers have made
no representations during the time that the section of the
railway affected was in course of construction; and

(2) where the adimnistration has provided suitable ac-
commodation for the crossing of a road or stream and the
road or stream is afterwards diverted by the act or neglect
of the person having the control thereof, the administration
shall not be compelled to provide other accommodation for
the crossing of the road or stream.

12. No action or suit shall be brought or maintained
against the Crown or against the administration, or against
any person for compensation or for any loss or damage
resulting to any person by reason of the construction of-
any railway works; but if any person considers himself
to be entitled to compensation in respect of any land or
property adjoining a railway, or of any interest therein
which has in his opinion been injuriously affected by the
construction of such works, he may, if no agreement has
been come to between himself and the administration
forward to the Colonial Secretary a claim for compensation,
which claim shall be determined in the following manner:-

(1) There shall be two arbitrators, one of whom shall be
nominated by the Goveynor and the other by the person
claiming compensation.

(2) The two arbitrators so nominated shall view the land
or property in respect of which such compensation is
claimed with the object of deciding what sum should in
the circumstances of the case be awarded as compensation,
and if the said arbitrators agree as to the amount their
decision shall be final. In case of disagreement they shall,
and at any stage of the arbitration they may, refer the
matter in. dispute to a Puisne Judge in chambers as umpire
and his decision shall be final.





(3) The decision of the arbitrators. or the umpire, as the
case may be, shall be, forwarded in writing to the Colonial
Secretary.
(4) Where the amount of compensation, if any, is de-
termined by the arbitrators, each party shall pay the costs
incurred by him in respect of the matter of the arbitration,
but if the matter in dispute is referred to the Puisne Judge
the costs of and incident to the arbitration and the inquiry
by the Puisne judge shall be in the discretion of the said
judge.
Provided that the Governor in Council shall as soon as
may be after the commencement of the construction of any
railway works by notification in the Gazette fix a date after
which no clalm for compensation shall lie.

13. Every person who, without lawful excuse, wilfully
does any of the following things, namely, interferes with,
removes, or alters any part of a railway or of the works.
connected therewith, shall upon summary conviction be liable
to a fine not exceeding twenty-five dollars, in addition to any
proceedings to which he may be liable by way of indictment
or otherwise.

14.-(1) In either of the following cases
(a) where there is danger that a tree standing near a
railway may fall on the railway so as to obstruct traffic ; or
(b) when a tree obstruction the view of any fixed signal,
the adininistration may, with the permission of any
magistrate, fell the tree or deal with it in such other manner
as will in the opinion of the administration avert the danger
or remove the obstruction, as the case may be.
(2) In case of emergency, the power mentioned in sub-
section (1) may be exercised by the administration without
the permission of a magistrate.

(3) A civil court shall not entertain a suit to recover
compensation for any tree felled or otherwise dealt with
under this section.

opening of hte railway.

15. The administration may use upon any railway locomo-
tive engines or other motive power and rolling stock to be
drawn or propelled thereby.





16. No railway shall be opened for the public carriage of
passengers until the chief resident engineer has certified in
writing to the Governor in Council that---
(1) he has made a careful inspection of the railway and
rolling stock;
(2) the works and rolling stock are in a sound condition;
and
(3) in his opinion the railway can be opened for the public
carriage of passengers without danger to the publilc using it.

Legal proceedings

17. All actions and suits which if the railway were the
property of a company under the Companies Ordinance,
1911, having its registered office in the Colony, might be
brought by and against such company may be brought by
and against the manager, anything in the Code of Civil
Procedure to the contrary notwithstanding, and for the
purpose of all such actions and suits the lands, buildings,
rolling stock, and other property appertaining to the rallway
shall be deemed to be the property of the manager.

18.-(1) None of the rolling stock, machinery, plant,
tools, fittings, materials, or effects used or provided by the
administration for the purpose of traffic on any railway or of
its stations or workshops, shall be liable to be taken in
execution of any decree or order of any court or person
having by law power to attach or distrain property or other-
Wise to cause property to be taken in execution.
(2) Nothing in sub-section (1) is to be construed as
affecting the authority of any court to attach the earnings of
a railway in execution of a judgment or order.
19.-(1) -Any summons, notice, order, or other document
required to be served upon the manager may be served by
leaving the same or sending it through the post by a
registered letter addressed to the said manager at the prin-
cipal office of the administration.
(2) Where a summons, notice, order, or othel. document
is served by post, it shall be deemed to have been served at
the time when the letter containing it would be delivered in
the ordinary course of post, and' in proving such service it
shall be sufficient to prove that the letter containing the
document was properly addressed and registered.





Responsibility of the administratlion, as carriers.
20. The administration shall not be liable for loss, injury,
destruction, or deterioration of animals or goods delivered
for carriage by the railway unless such loss, injury, destruc-
tion, or deterioration shall have occurred within the Colony,
and in any suit against the administration for compensation
in respect thereof the burden of proving such fact shall lie
upon the person claiming compensation.

21. The administration shall in no case be liable for loss
or injury to any articles or goods to be carried by the railway
unless it shall have been caused by negligence or misconduct
on the part of its agents or servants, and unless the articles
or goods in respect of which compensation is claimed shall
have been booked and paid for in conformity with this
Ordinance.

22.-(1) The responsibility of the administration for the
loss, destruction, or deterioration of animals delivered to be
carried on the railway shall not in any case exceed, in the
case of horses three hundred and fifty dollars a head, in the
case of mules, donkeys, or horned cattle, one hundred dollars
a head, in the case of sheep, goats, dogs, or other animals,
twenty dollars a head, unless the person sending or delivering
them caused them to be declared or declared thern at the
time of their delivery to be respectively of higher value.

(2) Where such higher value has been declared, the
administration may charge in respect of the increased risk
a percentage upon the excess of the value so declared over
the respective sums aforesaid.

23. The administration shall not be responsible for the
loss, destruction, or deterioration of any passenger's luggage
unless it has been delivered into the custody of a railway
official.

24.-(1) When any articles mentioned in the Schedule
are contained in any parcel or package delivered to the
administration for carriage by railway and the value of such
articles exceeds one hundred dollars, the administration shall
not be Pesponsible beyond that sum for the loss, destruction,
or deterioration of the articles in the parcel or package
unless the person sending or delivering it caused its value





and contents to be declared or declared them at the time
its delivery, and if so required paid or engaged to pay a
percentage on the value so declared in respect of the
increased risk.

(2) When any parcel or package of which the value has
been declared under sub-section (1) has been lost or
destroyed or has deteriorated, the compensation recoverable
in respect thereof shall not exceed the value so declared,
and the burden of proving it to have been the true value
shall, notwithstanding anything in the declaration, lie on
the person claining- the compensation.

(3) The administration may make it a condition of carrying
a parcel declared to contain any article mentioned in the
Schedule that the railway servant withorised in this behalf
has been satisfied fly examination or otherwise that the
parcel actually contains the article declared to be therein.

(4) This section shall not apply to any parcel carried by
the railway for any postal authority.

25. In any sull against the administration for compensa-
tion for loss, destruction, or deterioration of animals or goods
delivered for carriage by railway, it shall not be necessary
for the plaintiff to prove how the loss, destruction, or
deteriorition was caused; but the burden of, proving the
value of the animals or goods, and where the same have
been injured, the extent of the injury, shall lie upon the
claimant.

26. A person shall not be entitled to a refund of an
overcharge in respect of animals or goods carried by a railway
or to compensation for the loss, destruction, or deterioration
of animals or goods delivered to be so carried unless his
claim has been preferred in writing by him or on his behalf
to the administration within six months from the date of
delivery of the animals or goods for carriage.

27. notwithstanding anything in the foregoing provisions,
the administration shall not be responsible for the loss,
destruction, or deterioration of any goods with respect to
the description of which an account materially false has
been given by the owner or person having charge thereof,
if the loss, destruction, or deterioration is in any way
brought about by the false account, and the administration





shall not be responsible in ally case for an amount exceeding
the value of the goods calculated in accordance with the
description contained in the false account.

account

28. When any of the following accidents occur in the
working of any railway:-

(1) any accident attended with loss of human life or with
grievous bodily harm or with serions injury to property;

(2) any collision between trains one of which is a train
carrying passengers;

(3) the derailment of any train carrying passengers or any
part of such a train

(4) any accident of a description usually attended with
loss of life or with grievous bodily harm or. with serious injury
to property; or

(5) any accident of any other description which the Gover-
nor in Council may notify in this behalf in the Gazette;
the administration shall without unnecessary delay Send
notice of the accident to the Colonial Secretary, and the
ss ion master nearest to the place where the accident
occurred, or where there is no station master the official in
charge of that part of the railway on which the accident
occurred, shall give notice of the accident to the officer in
charge of the nearest police station.

29. It, shall. be lawful for the Governor in Council. to
make rules for all or any of the following purposes

(1) for prescribing the forms of the notices mentioned in
section 28, and the particulars of the accident which those
notices are to contain;
(2) for prescribing the class of accidents of which notice
is to be. sent by telegraph immediately after the accident has
occurred;
(3) for prescribing the duties of railway officials or police
officers on the occurrence, of an accident; and

(4) for holding inquiries into accidents.

As amended by Law Rev. Ord., 1924.





30. every station master or railway official who omits to
give notice of an accident as is required by section 28 and the
rules under section 29 shall upon summary conviction be
liable to a fine not exceeding fifty dollars.

31. whereever any person injured by an accident on a
railway claims compensation on account of the, injury, any
court or person having by law or consent of the parties
authority to determine the claim may order him to be
examined by a medical practitioner named in the order and
not being a witness on either side, and may make any order
with respect to the costs of the examination as it or he
thinks fit.

32.-(1) It shall be lawful for the administration, subject
to the approval of the Governor in Council, to make general
rules for the following, purposes

(a) regulating the mode in which and the speed at which
the rolling stock used on any railway is to be moved or
propelled ;
(b) providing for the accommodation and convenience of
passengers and regulating the carriage of theri luggage;

(c) declaring what shall be deemied to be for the pur-
poses of this Ordinance dangerous or offensive goods and for
regulating the carriage of such goods;

(d) regulating the classification of goods and specifying
those that are to be charged for at special rates;

(e) regulating the conduct of the railway officials;
fixing the charges to be made for the conveyance
of passengers and goods by the railway, and for granting
exemptions from such charges;

(g) regulating the conditions oil which the administration
will carry persons suffering from infectious or contagious

diseases, and providing for the disinfection of carriages
which have been used for such purposes or for Carrying
corpses;
(h) regulating the terms and conditions on which the
administration will warehouse or retain goods at any station
on behalf of the consignee or owner;

As amended by law Rev. Ord, 1924.





(i) regulating the sale of all tickets, and appointing
agents of the railway to sell such tickets upon commission
or otherwise; and.

(J) generally, for regulating the travelling upon, and the
use, working, and management of the railway.

(2) The rules may provide that any person committing
any breach thereof shall upon summary conviction be liable
to a fine not exceeding twenty-five dollars.

(3) The administration shall keep at each station a copy
of the general rules under this section and shall allow any,
person to inspect it at all reasonable times.

33.-(1) The administration shall determine the maximum
load for every wagon or truck in its possession and shall
exhibit the load so determined in a conspicuous manner on
the thereof.

(2) Every person owning a wagon or truck which passes

over the railway shall similarly determine and exhibit its
maxinium load.

(3) The gross weight of any such wagon or truck bearing
upon the axles when it is loaded to such maximum load shall
not exceed such limit as may be approved by the administra-
tion for the class of axle.

34. The administration shall fix, subject to the approval
of the Governor in Council, the maximum number of pas-
sengers which may be carried in each compartment of every,
description of carriage, and shall exhibit in English and in
Chinese such number in a conspicuous manner inside or
outside each compartment.

35.-(1) The manager may on sufficient cause to him
appearingand subject to the provisions hereinafter contained,
summarily dismiss any railway official who is not on the
perinanent, establishment of the Colonyand who is not under
written agreement, or inay suspend any such official from
the performance of his duties: Provided that every official
so dismissed or suspended shall have the right of appeal to
the Governor, and should such stispension or dismissal be
confirmed the official if suspended shall be thereupon dis-

As amended by Law Rev. Ord., 1924.





missed from the service of the railway, or, if already dismissed
by the manager, shall be deemed to be finally dismissed
without further appeal.

(2) The manager may make such by-laws as he shall think
fit for regulating the conduct of the officers and servants
employed on the railway. A copy thereof shall be given to
every officer and servant affected thereby.

(3) The manager may by such by-laws impose such rea-
sonable penalties upon all persons being officers or servants
employed on the railway offending against them as he may
think fit, not exceeding in any one month. seven days, pay.
Any officel. or servant aggrieved by any such penalty as
aforesaid may appeal to the Governor, whose decision shall
be final.

(4) The imposition of penalties under sub-section (3) upon
any officer or servant employed on the railway shall (subject
to the appeal hereinbefore provided for) be wholly within
the discretion of the manager, and should it appear to the
manager that the offence or misconduct in respect of which
any such penalty shall have been incurred would be better
dealt with by a criminal prosecution., such prosecution may
be instituted in lieu of the imposition of any such penalty.

(5) This section shall not apply to any railway official who
is in receipt of a salary of one hundred pounds or one
thousand dollars per annum or upwards.

36. No person, unless exempted from the payment of fare
by or under any general rule made under section 132, shall
enter any carriage used on a railway or any steamer
belonging to the administration for the purpose of travelling
therein without having first pald his fare and obtailled
a ticket. Every person not so exempted desirous of travel-
ling on the railway shall upon payment of his fare be
furnished with a ticket specifying the class of carriage for
and the station from and the station to which the. fare has
been paid, and shall when required show his ticket to any
railway official duly authorised to examine the same, and
shall deliver up such ticket upon demand to any railway
official duly authorised to collect tickets. Every person not so
exempted who does not produce or deliver up his ticket as
aforesaid shall be liable to pay the fare from the place whence
the train or steamer originally started unless he can prove

As amended by Law Rev. Ord., 1924.





that he has travelled a less distance.. in which case he shall
be liable to pay the fare only from the place whence he has
travelled.

37. The fare or freight paid for the conveyance of pas-
sengers or goods respectively, shall be deemed to be accepted
only upon condition that there is room in the train. In case
there is not room for all the passengers or goods, those
passengers who have fickets for the longest distance shall
have the preference, and those who have tickets for the same
distance shall have the preference according to the order in
which they have received their tickets; and the like order
shall be observed as to goods : Provided that all officers and
troops on duty and all other persons travelling on the business
of the Government shall be entitled to priority over the
public without reference to the distance for which or the
order in which they have received their tickets.

38. Every person. who-

(1) defrauds or attempts to defraud the administration--

(a) by travelling or attempting to travel upon the railway
without having previously paid his fare, or

(b) by riding in or upon a carriage of a higher class than
that for which he has paid his fare, or

(c) by continuing his journey in or upon any of the
carriages beyond the station for which he has paid his fare,
without having previously either paid the fare for the
additional distance or obtained the sanction of the station
master or guard of the train ; or

(2) knowingly and wilfully refuses or neglects on arriving
at the station to which he has paid his fare to quit such
carriage and the railway premises; or


(3) transfers or profits by the transfer of the return half
of any ticket obtained by him ; or

(4) in any other manner whatever attempts to evade the
payment of his fare,

shall upon summary conviction be liable to a fine not exceed-
ing twenty dollars.

As amended by Law Rev. Ord., 1924.





39. Every passenger who-

(1) gets into or upon or attempts to get into or upon, or
quits or attempts to quit, any carriage upon the railway
while such carriage is in motion ; or

(2) rides or attempts to ride upon the railway on the steps
or any other part of a carriage except on those parts which
axe intended for the accommodation of passengers,
shall npbn summary conviction be liable to a line not
exceeding ten dollars.

40. Every person who--
(1) not being the engineman or fireman or assistant fire-
man, without the special licence of the manager or executive
officer in charge of the line, rides or attempts to ride upon
any locomotive engine or tender upon the railway; or

(2) not being. the guard or brakesman, without the special
permission of the manager or assistant manager, rides or
attempts to ride upon the railway in or upon any luggage
van or goods wagon or other vehicle not appropriated to the
carriage of passengers,
shall upon summary conviction be liable to a fine not exceed-
ing twenty dollars.

41.-(1) Every person who-

((i) smokes or chews tobacco, opium, or other like sub-
stance either inside a waiting room or in or upon any of
the carriages belonging to the railway which may be
specially provided for females or non-smokers; or

(b) expectorates in any waiting room or in or upon any
railway carriage or upon any railway platform,
shall upon summary conviction be liable to a fine not
exceeding ten dollars.

(2) Every person who persists in infringing any of the
provisions or sub-section (1) after being warned to desist
by any railway official or passenger, may, in addition to
incurring the liability mentioned in the said sub-section, be
removed by any such official from any such carriage and
from the railway premises, and, further, shall forfeit his
fare.

As amended by Law Rev. Ord., 1924.





42. Every person who is in a state of intoxication or is
insufficiently or indecently clad, or who commits any
nuisance or act of indecency in any railway carriage or
upon any part of the railway premises or who wilfully and
without lawful excuse interferes with the comfort of any
passenger on the railway shall upon summary conviction
be liable to a fine not exceeding twenty dollars, and to
iinprisonment for any term not. exceeding three months,
and, further, may be removed by any railway official from
any such carriage and also from the railway premises and
further shall forfeit his fare.

43. Any passenger may be directed by a station master,
guard, or other railway official to enter and travel in any
carriage or compartment which such railway official may
indicate not being of a lower class than that for which he
has paid his fare, and any passenger refusing or neglecting
to conform to such direction may be removed by any
railway official from the railway premises and further shall.
forfeit his fare.

44.-(1) Every male person who, without lawful excuse,
enters any special carriage or portion of a carriage or any
private room or apartment provided for the exclusive use
of females, knowing the same to be so appropriated, or
who remains therein after having been informed of its
appropriation; and

(2) every person who, without lawful excuse, enters any
special carriage or compartment reserved for the private

use of any other person, knowing the same to be so reserved,
or who remains therein after being requested to leave the
same ; and

(3) every person who, having obtained a ticket of one
class, knowingly and wilfully refuses or neglects to leave
any room or place set apart, for passengers of a higher
class,
may be forthwith removed therefrom and also from the
railway premises by any railway otlicial, and shall upon
summary conviction be liable to a fine not exceeding fifty
dollars and further shall forfeit his fare.

As amended by Law Rov. Ord., 1924.





45. If any person shall fail to pay on demand any sum
due for the conveyance of any goods on a railway, it shall be
lawful for the manager to detain all or any part of such
goods or if the same shall have been removed from the
railway premises any other goods of such person which may
be therein or shall thereafter come into the possession of
the administration, and it shall be lawful for the manager,
after reasonable notice to such person, to sell by public
auction a sufficient quantity of such goods to realise the sum
payable as aforesaid and all charges and expenses, of stich
detention and sale, and out of the proceeds to retain the said
sums rendering the surplus, if any, and such of the good.
as shall remain unsold to the person entitled thereto : or the
manager may recover any such sums by action at law. The
goods of passengers may also he detained and sold and the
proceeds disposed of as above provided for non-payment of
the fare due by them.

46. The owner or person having the care of any goods
which shall have been carried upon a railway or shall be
brought to the railway premises for the purpose of being
carried on the railway shall on demand by any railway
official deliver to him an exact account in writing signed by
him of the number or quantity and description of such goods.
This provision shall not apply to passengers luggage.

47. Every such owner or person as aforesaid who, upon
demand by any railway official, falls to give such account or
wilfully gives a false account, shall upon summary con-
viction be liable to a fine not exceeding twenty dollars for
every ton of goods, and not exceeding Len dollars for any

quantity less than a ton.

48.-(1) No person shall carry or cause to be carried
upon a railway any dangerous goods as defined by section 2
of the Dangerous Goods Ordinance, 1873, or any goods
which may be declared dangerous or offensive by any
general rule made under section 32 of this Ordinance except
in accordance with the provisions of any general rule made
under the last-mentioned section.

(2) Every person who carries upon or delivers. for Carriage

by the railway any such dangerous goods without distinctly
declaring the nature of the same shall upon summary con-
viction be liable to a fine not exceeding one hundred dollars.

As amended by Law Rev. Ord., 1924.





(3) It shall be lawful for any railway official to refuse to
carry any luggage or parcel, vessel or package that may be
suspected to contain dangerous or offensive goods and to
require the same to be opened, and in case any such luggage
or parcel, vessel or package shall have been received for the
purpose of being carried on the railway, it shall be lawful
for any railway official to stop the transit thereof until he is
satisfied that the nature and contents of the luggage or parcel,
vessel or package are not dangerous or offensive.

49. Every person knowingly suffering from leprosy, small-
pox, or other contagious or infectious disease who travels by
the railway except in accordance with any rules made in
that behalf shall upon summary conviction be liable to a fine
not exceeding two hundred and fifty dollars; and if any
person whilst travelling be discovered to be so suffering it
shall be lawful for any railway official to remove him from
the carriage and from the railway premises at the first
opportunity, and such person may in addition to any fine,
be ordered to pay the amount of any expenses incurred in
the disinfection of any carriage or portion of a carriage
occupied by him while so travelling. Every such carriage
or portion of a carriage shall be properly disinfected as soon
as practicable and shall not be used for the conveyance of
passengers till it has been so disinfected.

50. Every person who trespasses npou a railway or upon
any of the lands, stations or other premises appertaining
thereto shall upon suniniary conviction be liable to a fine not
exceeding ten dollars, and every such person who refuses to
leave the railway or premises on being requested to do so
by any railway official may be immediately removed. there-
from and shall upon summary conviction be liable to a fine
not exceeding twenty dollars.

51. every person who wilfully rides, leads, or drives
upon or across a railway any animal except in directly cross-
ing the railway at any road or place appointed for that
purpose at a time at which he may lawfully do so, or who
tethers any animal upon or within reach of any railway shall
upon summary conviction be liable to a fine not exceeding
twenty dollars.

. As amended by Law Rev. Ord., 1924,





52. Every person who wilfully alters or defaces his pass
or ticket so as to render the date, noinfler or any iliaterial
portion thereof illegible shall upon suniniary conviction be
liable to a fine not exceeding fifty dollars,

53. Every person who wilfully obstructs or impedes any
railway servant in the discharge of fils duty shall. upon sum-
mary conviction be liable to a fine not exceeding one
hundred dollars.

54. It shall be lawful for the Governor to declare by

notification an road or path which a railway may cross
to be an occupation crossing. all occupation crossings
shall be used subject to such rules as the Governor in
Council may make in that behalf, the following provisions
are subject to be modified by such rules as aforesaid. The
gates of occupation crossing's are not to close across the
railway and are to be kept locked by means of padlocks the
keys of which shall be kept by railway officials. every
person desiring to use the same must give reasonable notice
of his intention to do so to the station master of the nearest
station. Cattle passing over the occupation crossing must
not be driven but led by a suitable and properly secured
halter. Every person using or attempting to use an occupa-
tion crossing Without such notice, and every person
cattle to cross without such halter, and the owner of any
cattle so crossing shall upon summary conviction be liable
to a fine not exceeding twenty dollars, or to imprisonment
for any term -not exceeding three months.

55. The owner of any aninial which trespasses or strays,
upon the railway or upon any railway lands (such railway
or lands being provided with suitable fences for excInding
cattle) shall upon summary conviction be liable to a penalty
not exceeding five dollars for each animal, and it shall be
lawful for any railway official to take or drive every animal
which is found so trespassing to the nearest police station
there, to be detained until the highest amount of penalty
incurred by such trespass and the expense of feeding and
keeping the animal is paid, or until a magistrate shall other-
wise order. Should the animal prove unmanageable, it shall
be, lawful for any railway official to kill it and the owner
shall be liable to prosecution and fine if the trespass be

As. amended hy Law Rew. Ord., 1921.





proved. A magistrate may, upon proof of the trespass, cause
such animal to be sold by public auction and the proceeds
of the sale, after deducting therefrom such fine as the
magistrate shall award, and such further sum as the magis-
trate shall order to be paid for the expenses of detaining,
feeding, and selling such animal, shall be returned to the.
wyner of the animal on demand.

56. every person who-

(1) unlawfully and wilfully removes or defaces any
number-plate., or removes or extinguishes any lamp on any
carriage or signal-post to the railway ; or

(2) wilfitlly imitates any railway signal; or
(3) wilfully or negligently damages or injures any carriage,
engine, wagon, truck, station, warehouse, bridge, building,

machine, rail points, fence, or any other matter or thing
belonging to the railway,

shall upon summary conviction be liable to a fine not exceed-
ing one hundred dollars or to imprisonment for any term
not exceeding one year.

57. Every person for whose, use or accommodation any
gate or chain has been set up b y any railway official on
either side of the railway, and every other person, who opens
such gate or chain or passes or attempts to pass or drives
or attempts to drive any cattle, carriage, or other animal or
thing across the railway at a time when any engine or train
approaching along the same is in sight, or at any time omits
to shut and fasten such gate or chain as soon as he and any
cattle, carriage, or other animal or thing under his charge
have passed through the same, shall upon summary con-
viction fle liable. to a fine not exceeding fifty dollars.

58. Every railway official who-

(1) is in a state of intoxication or under the influence of
opimn, compound or opium, morphine or any other narcotic,
whilst actually employed upon the railway or any of the
works connected therewith in the discharge of any duty; or

* As amended by Law Rov. Ord., 1924.





(2) negligently omits to perform his duty or performs the
same in an improper manner,
shall upon summary conviction be liable to a fine not exceed-
ing twenty dollars, and if the duty be such that the omIssion
or negligent performance thereof would be likely to endanger
the safety of any person travelling or being upon the railway,
shall be liable to imprisonment for any term not exceeding
one year and to a fine not exceeding one hundred dollars.

59. Every person who rashly or negligently and without
lawful excuse does any act which is likely to endanger his
own safety or that of any person travelling or being upon
the railway shall upon summary conviction be liable to
imprisonment for any term not exceeding six months, and to
a fine not exceeding fifty dollars.

60. Every person who wilfully does any act which is
forbidden, or neglects to do any act which is required by
any rules made under this Ordinance and for which no
penalty is specially provided, shall upon sunimary conviction
be liable to a fine not exceeding ten dollars.

61. Every person who commits any oflence under this
Ordinance may be lawfully apprehended, without any warrant
or written authority, by any railway official or by any other
person whom such railway official shall call to his aid or by
any police officer, and every person so apprehended shall
with all convenient despatch be taken before a magistrate to
be dealt with according to law.

62. In the construction of this Ordinance every railway
official shall be legally bound to do everything necessary for
or conducive to the safety of the public, and every such
official shall be legally prohibited from doing every act
which is likely to cause danger.

63. In case of any summary conviction under. this Ordi-
nance a magistrate may order the offender to pay the costs of
such conviction in addition to any penalty or expenses to
which he may be liable. Such costs maybe assessed by the
magistrate and may be levied and recovered in the same
manner as any penalty imposed -under this Ordinance.

As amended by Law Rew. Ord., 1924.





64. In every case in which. any person shall be liable un-
der this Ordinance to pay any sum of money, damages, or
expenses, the same may be levied and recovered in the sarne
manner as any penalties under this Ordinance, and if neces-
sary the amount thereof may be fixed and assessed by the
magistrate before whom the case shall be tried.
[s. 6,5, rep. 43 of 1912 Supp. Sched.]

603. The payment of any fare for which any passenger not
producing or delivering up his ticket is liable may be enforced
in the same manner as any fine linposed by this Ordinance.

67. A copy of this Ordinance and of the rules, time tables,
and tariff of charges in respect of the railway which shall be
duly made and published shall be exhibited in some con-
spicuous place at each station so that they may be easily seen
and read, and all such documents shall be so exhibited in
English. There shall also be exhibited in like manner with-
in and also without each station a schedide in English and
Chinese of all pinlishable under this Ordinance and
of the penalties attaching to each offence respectively.

68. Kmery person who wilfully or maliciously removes,
defaces, or in any way injures any document exhibited by
the railway authorities as required by section 67, or any notice
or document posted by thein at the station or anywhere upon
the railway, shall upon summary conviction be liable to a
fine not exceeding twenty dollars, or to imprisonment for any
term not, exceeding three months.

SCHEDULE. [s. 24.]
ARTICLFS TO BE, DECLARED AND INSURRED

(a) gold and silver, coined or uncoined, manufactured or unmanufactured
(b) plated articles
(c) cloths and tissue and lace of which gold or silver forms part, not
being the uniform or part of the uniform of an officer, soldier, sailor, police
officer, or of any ptiblic officer entitled to wear uniform
(d) pearls, precious stones, jewellery and trinkets ;
(e) watches, clocks and timepieces of any description
(f) Government securities
(g) Government stamps

As amended by Law Rev. Ord., 1924.





(h) bills of exchange, promissory notes, bank notes, and orders or Other
securities for payment of money ;
(i) maps, writings and title-deeds

(j) paintings, engravings, lithographs, photographs, carvings, sculpture,
and otber works of art;

(h) art pottery and all articles made of glass, china or marble;

(l) silks in a manufactured or unmanufactured state, and whether
wrought up or not wrought up with other materials

(m) shawls ;
(n) lace and furs
(0) opium ;
(p) ivory, ebony, coral, and sandalwood
(q) musk, sandalwood oil, and other essential oils used in the preparation
of perfume ;
(r) musical and scientific instruments
(s) any article of special value Which the Governor in council may, by
notification, add to this Schedule.

No. 22 of 1909, Incorporated in No. 2 of 1892.

No. 28 of 1909, repealed by No. 4 of 1914.

No. 24 of 1909, repealed by No. 43 of 1912, Supp. Sched.

No. 25 of 1909, Incorporated in No. 5 of 1893.

No. 26 of 1909, repealed by No. 43 of 1912, Supp. Sched.

No. 27 of 1909, repealed ty No. 9 of 1911.

No. 28 of 1909, repealed by No. 1.0 of 1910.

No. 29 of 1909, dIsallowed.

No. 80 of 1909, repealed by -No. 9 of 1911

No. 31 of 1909, repealed by No. 8 of 1912.
[Originally No. 21 of 1909. Law Rev. Ord., 1924.] Short title. Interpretation. Powers of assistant manager or assistant engineers. Custody and administration of railways. Appointment of officers. Sanction by Governor in Council of railway construction Ordinance No. 10 of 1900. Authority to execute all necessary work. Construction of inclined planes, etc. Alteration of the courses of river, etc. Construction of drains or conduits. Erection of buildings, etc. Alteration or discontinuance thereof. Other necessary works. Control of Governor in Council. Alteration of pipes, wires and drains. Temporary entry upon land for repairing or preventing accident. Power to enter lands. Maintenance of crossings, bridges, arches, culverts, etc. Exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. Costs. Penalty for interference with railway works. Remoral of trees obstructing the working of a railway. Right to use locomotives, etc. Certificate to Governor in Council prior to opening of railway. Actions against the administration how brought Ordinance No. 58 of 1911. No. 3 if 1901. Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administration confined to carriage within the Colony. Liability for loss or injury in respect of goods. Provision as to liability in respect to carriage of certain animals. Charge on increased risk. Liability as to passenger's luggage. Liability as to articles of special value. Schedule. Compensation recoverable not to exceed the value declared. Declaration of contents of parcel. Exemption Burden of proof in respect of loss of animals or goods, Notification of claims to refund of overcharges and compensation for losses. Exoneration from responsibility in case of goods falsely described. Report of accidents. Power to make rules regarding notices, etc. Penalties for failure to comply with ss. 28 or 29. Compulsory medical examination of person injured in railway accident. General rules. Penalty for breach of any rule. Copy of general rules to be kept at each station. Maximum load for wagons and trucks. Maximum number of passengers. Powers of manager as to punishment of railway officials. By-laws regulating the conduct of officers and servants. Imposition of penalties, and right of appeal to Governor. Discretion oft manager of manager as to prosecution. Limitation. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Penalty for fraud. Penalty for entering carriage in motion or riding on the steps. Penalty for riding on engine, tender or luggage van. Penalty for smoking, chewing, etc. Penalty for intoxication or nuisance. Passenegers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage, etc. Remedy for non-payment of sum due for carriage of goods, and for non-payment of fare. Written account of goods to be given on demand. Penalty for giving no account or false account. Carriage of goods of a dangerous or offensive nature. Ordinance No. 1 of 1873. Persons suffering from leprosy, etc, not allowed to travel. Penalty for trespass. Penalty for driving an animal upon or across a railway. Penalty for defacing pass or ticket. Penalty for obstructing railway servant. Occupation crossings. Liability of owner of animal trespassing. Penalty for injury to carriage, etc. Penalty for opening or not properly shutting gates or chains. Penalty for drunkenness or breach of duty by railway official. Penalty for negligent act. Breach o rules. Apprehension of offenders. Rules for the construction of the Ordinance. Liability of offenders to pay costs of conviction. Recovery of money due, damages and expenses. Enforcing payment of fare. Copy of Ordinance to be shown at railway stations. Penalty for removing documents or notices.

[Originally No. 21 of 1909. Law Rev. Ord., 1924.] Short title. Interpretation. Powers of assistant manager or assistant engineers. Custody and administration of railways. Appointment of officers. Sanction by Governor in Council of railway construction Ordinance No. 10 of 1900. Authority to execute all necessary work. Construction of inclined planes, etc. Alteration of the courses of river, etc. Construction of drains or conduits. Erection of buildings, etc. Alteration or discontinuance thereof. Other necessary works. Control of Governor in Council. Alteration of pipes, wires and drains. Temporary entry upon land for repairing or preventing accident. Power to enter lands. Maintenance of crossings, bridges, arches, culverts, etc. Exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. Costs. Penalty for interference with railway works. Remoral of trees obstructing the working of a railway. Right to use locomotives, etc. Certificate to Governor in Council prior to opening of railway. Actions against the administration how brought Ordinance No. 58 of 1911. No. 3 if 1901. Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administration confined to carriage within the Colony. Liability for loss or injury in respect of goods. Provision as to liability in respect to carriage of certain animals. Charge on increased risk. Liability as to passenger's luggage. Liability as to articles of special value. Schedule. Compensation recoverable not to exceed the value declared. Declaration of contents of parcel. Exemption Burden of proof in respect of loss of animals or goods, Notification of claims to refund of overcharges and compensation for losses. Exoneration from responsibility in case of goods falsely described. Report of accidents. Power to make rules regarding notices, etc. Penalties for failure to comply with ss. 28 or 29. Compulsory medical examination of person injured in railway accident. General rules. Penalty for breach of any rule. Copy of general rules to be kept at each station. Maximum load for wagons and trucks. Maximum number of passengers. Powers of manager as to punishment of railway officials. By-laws regulating the conduct of officers and servants. Imposition of penalties, and right of appeal to Governor. Discretion oft manager of manager as to prosecution. Limitation. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Penalty for fraud. Penalty for entering carriage in motion or riding on the steps. Penalty for riding on engine, tender or luggage van. Penalty for smoking, chewing, etc. Penalty for intoxication or nuisance. Passenegers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage, etc. Remedy for non-payment of sum due for carriage of goods, and for non-payment of fare. Written account of goods to be given on demand. Penalty for giving no account or false account. Carriage of goods of a dangerous or offensive nature. Ordinance No. 1 of 1873. Persons suffering from leprosy, etc, not allowed to travel. Penalty for trespass. Penalty for driving an animal upon or across a railway. Penalty for defacing pass or ticket. Penalty for obstructing railway servant. Occupation crossings. Liability of owner of animal trespassing. Penalty for injury to carriage, etc. Penalty for opening or not properly shutting gates or chains. Penalty for drunkenness or breach of duty by railway official. Penalty for negligent act. Breach o rules. Apprehension of offenders. Rules for the construction of the Ordinance. Liability of offenders to pay costs of conviction. Recovery of money due, damages and expenses. Enforcing payment of fare. Copy of Ordinance to be shown at railway stations. Penalty for removing documents or notices.

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