RAILWAYS ORDINANCE, 1909
Title
RAILWAYS ORDINANCE, 1909
Description
No. 21 of 1909.
An Ordinance to iegulate the construction and management
of railways.
[16th July, 1909]
1. This Ordinance may be cited as the Railways Ordinance,
1909.
2. In this Ordinance,
(a) ' The administrator ' means 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 of construction,
it includes the chief resident engineer or such other person as
the Governor may appoint to supervise the said construction;
(b) ' Assistant manager ' means the person appointed by
the Governor to act as assistant manager of a railway;
(c) it Manager ' means the person appointed by the Gover-
nor 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;
(iv) all ferries, ships, boats and craft which are used for
the traffic of a railway and belong to or are hired or worked
by or by the autfiority of the. administrator;
(v) any railway or portion of a railway in process of con-
struction, and
As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.
(vi) all works connected with or for the purposes of a
railway authorized to be constructed;
(c) ' 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 performed
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 administrator shall have the custody and adminis-
tration of all railways subject to the general authority of the
Governor in Council.
6. The Governor shall appoint suitable officers to carry out
the provisions of this Ordinance, such officers to be under the
control of the administrator, subject to the general authority 6f
the Governor.
7.-(1) The Governor in Council may authorize the con-
struction of any railway within the Colony.
(2) The Governor may acquire such lands as he may deem
necessary for the purposes of such railway, and any such purpose
shall be deemed to be a public purpose within the meaning of
the Crown Lands Resumption Ordinance, 1900.
Construction.
8. For the purpose of constructing any such authorized
railway, the administrator may-
(i) make or construct in, upon, across, under or over any
lands or any streets, hills, valleys, roads, railways or tramways,
or any rivers, canals, brooks, streams or other waters, or any
drains, water pipes, gas pipes, electric wires, or posts, such
* As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.
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 administrator
thinks proper;
(2) alter the course of any rivers, brooks, streams or watercourses, for
the purpose of constructing and maintaining 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 railway as the administrator thinks proper;
(3) make 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 conveniences, as the administrator 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,
repairing or using the railway.
The exercise of, the powers conferred on the administrator by this section
shall be subject to the control of the Governor in Council.
9. The administrator may for the purpose of exercising the powers
conferred on him by this Ordinance alter the level or position of any pipe,
conduit, drain, electric wire, or post: Provided that he shall give reasonable
notice of his, intention to do so to the person in control of the same, and
shall execute the work to the reasonable satisfaction of such person.
10.-(1) The Governor in Council may authorize the
administrator of any railway in case of any slip or other
accident happening or being apprehended to any cutting, em-
As amended by No. 28 of 1927 [23,12.27].
As amended by No. 5 of 1934 [6.4.34].
As amended by Law Rev. Ord., 1939.
bankment or other work, under his control to enter upon any
lands adjoining the railway for the purpose of repairing or
p reventing the accident, and to do all such works as may be
necessary for the purpose.
(2) In case of necessity the administrator may enter upon
the lands and do the works aforesaid without having the previous
sanction of the Governor in Council, but in such a case he 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 administrator by this sub-sedtion
shall cease and determine if the Governor in Council considers
that the exercise of the power is not necessary for the public
safety.
11. The administrator 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
the railway for the purpose of making good any interruptions
caused by the railway to the use of the lands through which the
railway is made; and
(2) arches, tunnels, culverts, 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 freely from or to
such lands as before the making of the railway or as, nearly
as may be:
Provided that-
(i) the administrator 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 owners or
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
* As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.
(2) where the administrator has provided suitable accom-
modation 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 administrator shall not be com-
pelled 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 administrator 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 compen-
sation 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
administrator, 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 bf whom shall be
nominated by the Governor 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 such one of the judges as
umpire as the Chief justice shall arrange and the decision of
such judge 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 deter-
mined 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 a judge the costs of and incident
As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rey. Ord. 1939
to the arbitration and the inquiry by the judge shall be in his
discretion
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 Gazefte fix a date after which no
claim for compensation shall lie.
[s. 13, rep. Law Revision Ordinance, 1939.]
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 obstructs the view of any fixed signal,
the administrator 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 administrator 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 administrator without the
permission of a magistrate.
(3) A civil court shall not entertain a suit to recover com-
pensation for any tree felled or otherwise dealt with under this
section.
Opening of the railway.
15. The administrator may use upon any railway locomotive
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 public using it.
* As amended by No. 28 of 1927 [23.12.27].
Legal proceedings.
17. All actions and suits which, if the railway were the
property of a company under the Companies Ordinance, 1932,
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 railway 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 adminis-
trator 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 otherwise 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 on him
personally or by post in a registered letter addressed to the
manager at the principal office of the administrator.
(2) Where a summons, notice, order or other document is
served by post, it shall be sufficient in proving such service to
prove that the letter containing the document was properly
addressed and registtred.
Responsibility of the administrator as carrier.
20. The administrator shall not be liable for loss, injury,
destruction or deterioration of animals or goods delivered for
carriage by the railway unless such loss, injury, destruction or
deterioration shall have occurred within the Colony, and in any
suit against the administrator for compensation in respect thereof
* As amended by No. 28 of 1927 [23.12.27]
As amended by Law Rev. Ord., 1939.
the burden of proving such fact shall lie upon the person claiming
compensation.
21. The administrator 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 his 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 administrator 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 thern caused them
to be declared or declared them at the time of their delivery
to be respectively of higher value.
(2) Where such higher value has been declared, the a dminis-
trator 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 administrAtor 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 (1) When any articles mentioned in the Schedule are
contained in any parcel or package delivered to the adminis-
trator for carriage by railway and the value of such articles
exceeds one hundred dollars, the administrator shall not be
responsible beyond that sum for the loss, destruction or
deterioration of the atticles in the parcei or package unless the
person sending or delivering it caused its value and contents to
be declared or declared them at the time of 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 (i) has been lost or destroyed
As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.
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 claiming the
compensation.
(3) The administrator may make it a condition of carrying
a parcel declared to contain any article mentioned in the Schedule
that the railway servant authorized in this behalf has been
satisfied by 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 suit against the administrator for compensation
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 deterioration 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 io a refund of an over-
charge 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 adminis-
trator within six months from the date of delivery of the animals
or goods for carriage.
27. Notwithstanding anything in the foregoing provisions,
the administrator shall not be responsible for the loss, destruction
or deterioration of any goods with respect to the description of
which an account maierially 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 administrator shall not be responsible in any case for an
amount exceeding the value of the goods calculated in accordance
with the description contained in the false account.
As amended by No. 28 of 1927 [23.12.27].
Accidents.
28. When any of the following accidents occurs in the
working of any railway-
(i) any accident attended with loss of human life or with,
grievous bodily harm or with serious 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 Governor
in Council may notify in this behalf in the Gazette,
the administrator shall without unnecessary delay send notice
of the accident to the Colonial Secretary, and the station 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.
[S. 29, rep. No. 28 of 1927]
30. Every station master or railway official who omits to
give notice of an accident as is required by section 28 or by any
rules under section 32 (2) shall upon summary conviction be
liable to a fine not exceeding fifty dollars.
31. Whenever 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
prjactitioner 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.
As amended by No. 28 of 1927 [23.12.27]
As amended by No. 5 of 1934 [6.4,34].
Management.
32.-(1) It shall be lawful for the administrator to do all
things which may be necessary for the construction, maintenance
and repair of the railway, and for the construction, maintenance,
repair and renewal of the rolling stock, and efficient working of
the railway, and particularly-
(a) to arrange the train service
(b) to settle the time-tables and alter the same from time
to time as may be necessary;
(c) temporarily to suspend the service either wholly or in
part;
(d) to fix the speed at which the rolling stock shall sun;
(e) to fix, and alter as occasion may require, the fares to
be paid by passengers travelling on the railway and to issue
tickets for the same;
to fix the different rates payable for the carriage of
variousgoods over the railway and to classify such goods and to
alter such rates by either increasing or decreasing them as he
may deem necessary from time to time;
(g) to issue and make charges for platform tickets;
(h) to reserve in any manner the whole or any part of the
accommodation of any train, ferry, ship;, boat, craft or vehicle
used in or for the service of the railway
(i) to grant licences-
(i) to porters other than railway servants to handle cargo,
goods or passengers' baggage or luggage; and
(ii) to any person to use the railway premises, property and
rolling stock, or any part thereof, for exhibiting notices, bills,
posters, advertisements and announcements whether pictorial or
otherwise; and
(iii) to vendors of fruit, goods or wares on railway premises
or in any train,
and to make charges therefor and to attach conditions thereto;
As amended by No. 28 of 1927 [23.12.27]
(j) to fix and vary from time to time the rates for the carriage
of any animals by the railway.
(2) Subject to the approval of the Governor in Council it
shall be lawful for the administrator to make rules-
(a) for the general purposes of administration ;
(b) for regulating the carriage of passengers and all matters
connected therewith and the restrictions to be placed upon the
carriage of persons who are lepers or who are suffering from any
contagious or infectious disease;
(c) for regulating the receipt, transportation and delivery of
goods to be carried over the railway and all matters connected
therewith, together with the restrictions to be placed upon
dangerous and offensive, perishable or fragile goods, or other
classes of goods;
(d) for prescribing the terms upon which any goods or class
of goods will be received for carriage by the railway ;
(e) for regulating the receipt, transport and delivery of
animals over the railway, and the terms upon which they will
be received for carriage by, the railway and the restrictions placed
upon such carriage;
(f) for regulating the hours of employment and the work to
be done by railway servants;
(g) for regulating the conduct and control of all persons
working for or on the railway whilst on the railway premises,
rolling, stock or property;
(h) for prescribing the procedure to be followed in the case
of accidents
(i) for prescribing forms;
(j) for such other purposes as may be necessary to carry out
effectively the provisions of this Ordinance.
(3) All rules made under this section, unless some other
date be fixed by such rules, shall come into operation on the day
on which they are made, and it shall not be necessary to publish
such rules in the Gazette.
(4) The administrator shall keep at each station a copy in
English and Chinese of the rules made under this section and
shall allow any person to inspect any such copy at all reasonable
times.
33.-(1) The administrator shall determine the maximum
load for every wagon or truck in his possession and shall con-
spicuously exhibit and keep exhibited on the outside thereof the
load so determined.
(2) Every person owning a wagon or truck which passes
over the railway shall similarly determine, exhibit and keep
exhibited its maximum 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 administrator
for the class of axle.
[s. 34, Tep. No. 28 of 1927.]
35.-(1) The manager may, on sufficient cause to him
appearing and subject to the provisions hereinafter cotitained,
summarily dismiss any railway official who is not confirmed to
the fixed establishment of the Colony and who is not under written
agreement, or may suspend any such official from the perform-
ance of his duties: Provided that every official so dismissed or
suspended shall have the right of appeal. to the Governor, and
should such suspension or dismissal be confirmed the official if
suspended shall be thereupon dismissed from the service of the
railway, or if already dismissed by the manager, shall be deemed
to be finally dismissed without further appeal.
(2) If any person employed on the railway is alleged to
have committed any breach of any rule made under section 32,
the manager may, in lieu of prosecuting such person, inquire
summarily into such allegation, and if he is of opinion that the
allegation is established he may impose on such person a penalty
not exceeding twenty-five dollars.
(3) Unless the penalty be paid, the amount of such penalty
may be deducted from the pay of the person on whom the penalty
was imposed: Provided that no sum greater than the amount
of seven days' pay shall be, so deducted in any one month from
the pay of any such person, except upon the termination of his
employment.
As amended by No. 28 of 1927 [23.12.27].
As amended by No. 35 of 1934 [9.11.34].
As amended by Law Rev. Ord., 1939.
(4) An appeal to the Governor shall he from any penalty
imposed by the manager under this section.
(5) Every appeal to the Governor under t his section shall
be by a written petition setting forth the facts complained of and
such petition shall be sent to the Colonial Secretary not later
than fourteen days after the commission of the act giving the
right to appeal.
(6) This section shall not apply to any person who is in
receipt of a yearly salary of two hundred pounds or two thousand
dollars or upwards.
36. No person, unless exempted from the payment of fare
by or under any general rule made under section 32, shall, enter
any carriage used on a railway or any steamer belonging to
the administrator for the purpose of travelling therein without
having first paid his fare and obtained a ticket. Every person
not so exempted desirous of travelling 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 authorized to examine the same,
and shall deliver up such ticket upon demand to any railway
official duly authorized to collect tickets. Every person not so
exempted who does not produce or deliver up his ticket as afore-
said shall be liable to pay the fare from the place whence the
train or steamer originally started unless he can prove 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 passengers
or goods respectively shall be deemed to be accepted only upon
condition that there is room in the trains. In case there is not.
room for all the passengers or goods, those passengers who have
tickets 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.
As amended by No. 28 of 1927 [23.12.27]
38.-(1) Every person who, with intent to defraud the administrator
(a) travels or attempts to travel on a railway without having previously
paid his fare; or
(b) rides in or upon a carriage of a higher class than that for which he
has paid his fare; or
(c) having paid his fare for a certain distance, knowingly and wilfully
proceeds by train beyond that distance without previously paying the
additional fare for the additional distance; or
(d) on arriving at the station to which he has paid his fare, remains
upon the railway premises; or
(e) transfers or lends any pass or ticket or any portion of any ticket
obtained by him to any other person ; or
(f) in any other manner attempts to evade payment of his fare,
shall upon summary conviction be liable to a fine not exceeding two hundred
and fifty dollars.
(2) The liability of an offender to punishment under this section shall
not prejudice the recovery of any fare payable by him.
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 are intended for the
accommodation of passengers,
shall upon summary conviction be liable to a fine not exceeding fifty dollars.
40. Every person who, without the permission of the manager, rides or
attempts to ride in or upon any engine, cab or tender, or any luggage van,
goods wagon or other vehicle
As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.
or any part thereof not appropriated to the carriage of passengers
on any railway, shall upon summary conviction be liable to a
fine not exceeding fifty dollars.
41.-(1) Every person who-
(a) smokes or chews tobacco, opium or other like substance
either in a waiting room or in or upon any railway carriage
set apart for females or non-smokers; or
(b) spits in, from or upon any railway waiting room,
platform or other premises or any railway carriage,
s hall upon summary conviction be liable to a fine not exceeding
ten dollars.
(2) Every person who persists in infringing any of the pro-
visions of subsection (i), 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
premisds and, further, shall forfeit his fare.
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 excuise
interferes with the comfort of any passenger on a railway, shall
upon summary conviction be liable to a fine not exceeding fifty
dollars, and to imprisonment 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 byany 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
As amended by No. 28 of 1927 [23 .12.27]
As amended by Law Rev. Ord ., 1939.
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 and, further, shall forfeit his fare and shall upon
summary conviction be liable to a fine not exceeding fifty dollars.
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 if 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 there-
after come into the possession of the administrator, 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
realize the sum payable as aforesaid and all charges and expenses
of such detention and sale, and out of the proceeds to retain
the said sums rendering the surplus, if any, and such of the
goods 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 be detained and sold and the
proceeds disposed of as above provided for non-payment of the
fare due by them.
45A.-(1) The administrator, or any person or persons
authorized by him in this behalf, may detain any goods found
on any train-
(a) which are without. any apparent owner; or
(b) which (not being bond fide passengers baggage placed
on the train by, or with the authority of, a railway official) have
not been declared for freight.
As amended by No. 28 of 1927 [23.12.27].
As amended by No. 5 of 1934 [6.4.34].
As amended by Law Rev. Ord., 1939.
(2) The administrator may, in his absolute discretion, either
return any goods so detained, or any part thereof, to any person
claiming to be the owner thereof, on such terms as he may see
fit to impose, or declare such goods, or any part thereof, to be
forfeited; and on the making of any such declaration the goods
declared to be forfeited shall be deemed to be the property of
the Crown free from all rights of any person.
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, fails to give such account or
wilfully gives a false account shall upon summary conviction be
liable to a fine not exceeding twenty dollars for every ton of
goods and not exceeding ten dollars for any quantity less than a
ton.
48.-(1) No person shall carry or cause to be carried upon
n 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 conviction
be liable to a fine not exceeding one hundred dollars.
(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
any 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 upon a railway or upon
any of the lands, stations or other premises appertaining thereto
shall upon summary conviction be liable to a fine not exceeding
fifty dollars, and every person Who being without lawful excuse
on the railway or premises refuses to leave the same on being
requested to do so by any railway official may be immediately
removed therefrom and shall upon summary conviction be liable
to a fine not exceeding two hundred and fifty dollars.
51. Every person who wilfully rides, leads or drives upon
or across a railway any animal except in directly crossing 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, or who suffers any animal
to stray upon anv railway, shall upon summary conviction be
liable to a fine not exceeding fifty dollars.
52. Every person who wilfully alters or defaces his pass or
ticket so as to render the date, number or any material portion
thereof illegible shall upon summary 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 his duty shall upon summary
conviction be liable to a fine not exceeding one hundred dollars.
* As amended by No. 28 of 1927 [23.12.27]
As amended by Law Rev. Ord., 1939.
54. It shall be lawful for the Governor to declare by noti-
fication any 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 modification
by such rules as aforesaid. The gates of occupation crossings
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 cross-
ing must not be driven but led by a suitable and properly secured
halter. Every person using or attempting to use an occupation
crossing without such notice, and every person causing 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 fifty dollars, or to imprisonment for any term not
exceeding three months.
55.-(1) The owner of every animal which trespasses or
strays upon any railway or upon any railway lands (such railway
or lands being provided with suitable fences for excluding cattle)
shall upon summary conviction be liable to a fine not exceeding
five dollars for each such animal.
(2) It shall be lawful for any railway official to take or drive
every animal found so trespassing to the nearest police station,
there to be detained until a sum of five dollars for each such
animal and the expenses of feeding and keeping it be deposited
or until a magistrate otherwise orders.
(3) Should any such 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 proved.
(4) A magistrate may, upon proof of the trespass, cause
such animal to be sold by public auction.
(5) Any such deposit or the proceeds of any such sale as
aforesaid shall, after deducting therefrom such fine as the magis-
trate may award and such further sum as he may order to be
paid for the expenses of keeping feeding and, if the animal has
* As amended by No. 28 of 1927 [23.12.27]
As amended by Law Rev. Ord., 1939.
been sold, of selling such Animal, shall be returned or paid to
the owner.
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 belonging to the railway; or
(2) wilfully 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 exceeding
two hundred and fifty 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 by any railway official on either side
of a 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 conviction, be 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
opium, compound of opium, morphine ot any other narcotic,
whilst actually employed upon the railway or any of the works
connected therewith in the discharge of any duty; or
(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 exceeding
fifty dollars, and if the duty be such that the omission or
As amended by No. 28 of 1927 [23.12.27]
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 two hundred
and fifty 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 two hundred and 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
summary conviction be liable to a fine not exceeding fifty dollars.
61. Every person who commits any, offence 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.
[ss. 63 and 64, rep. Law Revision Ordinance, 1939.]
[s. 65, rep. No. 43 Of 1912, Supp. Sched.]
66. The provisions of the Magistrates Ordinance, 1932, shall apply to
every proceeding before and every order by a magistrate under this
Ordinance, and the payment of any fare for which any passenger not
producing or delivering up his ticket is liable, or of any sum of money,
damages or expenses for
As amended by No. 28. of 1927 [23.12.27]
As amended by Law Rev. Ord., 1939.
which any person shall be liable under this Ordinance, may be recovered and
shall be enforceable in like manner as the payment of a civil debt recoverable
summarily before a magistrate.
[s. 67, rep. No. 28 of 1927]
68. Every person who wilfully or maliciously removes, defaces or in any
way injures any copy of any rules kept at a station as required by section 32
(4), or any notice or document posted by or by the authority of the
administrator at a station or anywhere upon a railway, shall upon summary
conviction be liable to a fine not exceeding fifty dollars or to imprisonment
for any term not exceeding three months.
SCHEDULE. 24.
ARTICLES TO BE DECLARED AND
INSURED.
(a) gold and silver, coined or uncoined, manufactured or unmanutured;
(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 public officer entitfed to wear uniform;
(d) pearls, precious stones, jewellery and trinkets;
(e) watches, clocks and timepieces of any description;
(f) Government securities;
(g) Government stamps;
(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 other works of art;
(k) 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;
(o) 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 in the Gazette, add to this Schedule.
As amended by No. 28 of 1927 [23.12.27]. As
amended by No. 5 of 1934 [6.4.34].
As amended by Law Rev. Ord., 1939.
[Originally No. 21 of 1909. No. 28 of 1927. No. 5 of 1934. No. 35 of 1934. Law Rev. Ord., 1939.] Short title. Interpretation. Powers of assistant manager or assistant engineers. Custody and administration of railways. Appointment of officers. Section 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 rivers, 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. Removal 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 administrator, how brought. Ordinance No. 39 of 1932. Ordinance No. 3 of 1901. Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administrator confined to carriage within the Colony. Liability for loss or injury in respect of goods. Provision as to liability in respect of 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. [23.12.27.] Penalties for failure to comply with s. 28 or 32 (2). Compulsory medical examination of person injured in railway accident. Powers of administrator. [s. 32 contd.] Maximum load for wagons and trucks. [23.12.27.] Powers of manager as to punishment of railway officials. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Offences in connexion with fares. Penalty for entering carriage in motion or riding on the steps. Penalty for riding on engine, tender, luggage van, etc. Penalty for smoking, chewing, etc. Penalty for intoxication or nuisance. Passengers 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. Further provision for detention and forfeiture in certain cases. 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 of rules. Apprehension of offenders. Rules for the construction of the Ordinance. Recovery of fare, money due, damages and expenses. Ordinance No. 41 of 1932. [23.12.27.] Penalty for removing documents or notices.
Abstract
[Originally No. 21 of 1909. No. 28 of 1927. No. 5 of 1934. No. 35 of 1934. Law Rev. Ord., 1939.] Short title. Interpretation. Powers of assistant manager or assistant engineers. Custody and administration of railways. Appointment of officers. Section 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 rivers, 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. Removal 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 administrator, how brought. Ordinance No. 39 of 1932. Ordinance No. 3 of 1901. Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administrator confined to carriage within the Colony. Liability for loss or injury in respect of goods. Provision as to liability in respect of 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. [23.12.27.] Penalties for failure to comply with s. 28 or 32 (2). Compulsory medical examination of person injured in railway accident. Powers of administrator. [s. 32 contd.] Maximum load for wagons and trucks. [23.12.27.] Powers of manager as to punishment of railway officials. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Offences in connexion with fares. Penalty for entering carriage in motion or riding on the steps. Penalty for riding on engine, tender, luggage van, etc. Penalty for smoking, chewing, etc. Penalty for intoxication or nuisance. Passengers 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. Further provision for detention and forfeiture in certain cases. 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 of rules. Apprehension of offenders. Rules for the construction of the Ordinance. Recovery of fare, money due, damages and expenses. Ordinance No. 41 of 1932. [23.12.27.] Penalty for removing documents or notices.
Identifier
https://oelawhk.lib.hku.hk/items/show/1503
Edition
1937
Volume
v2
Subsequent Cap No.
372
Cap / Ordinance No.
No. 21 of 1909
Number of Pages
23
Files
Collection
Historical Laws of Hong Kong Online
Citation
“RAILWAYS ORDINANCE, 1909,” Historical Laws of Hong Kong Online, accessed January 11, 2025, https://oelawhk.lib.hku.hk/items/show/1503.