RAILWAYS ORDINANCE

RAILWAYS ORDINANCE

CHAPTER 99.

THE RAILWAYS ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page


1. Short title ................................ ... 115

2. Interpretation . ........................ ... ... ... ... ... 115

3. Authority of assistants ................. ... ... ... ... 116
4. Custody and administration .......... ... ... ... ... 116

5. Appointment of officers ................. ... ... ... ... ... 116

6. Sanction for railway construction ....... ... ... ... ... ... 116

7. Authority to execute all necessary work ... ... ... ... ... 116

8. Alteration of pipes, wires and drains ... ... ... ... ... 117

9. Power to enter lands .................... ... ... ... 117

10. Accommodation crossings, bridges, arches, culverts, etc. 118

11. Limitation of action for compensation ... ... ... 119
12. Removal of trees obstructing railway ... ... ... 120

13. Right to use locomotives, etc . ........ ... ... ... ... ... ... 120

14. Certificate to Governor in Council for opening of railway 120

15. Actions against the administrator ......... ... ... ... ... 121

16. Restriction on execution against railway property ... ... 121

17. Service of summons, notices, etc . ........ ... ... ... ... 121

18. Liability of administrator confined to carriage in the Colony. 121

19. Liability for loss or injury in respect of goods ... ... ... 122

20. Liability in respect of carriage of certain animals ... ... 122

21. Liability as to passenger's luggage .... ... ... ... ... 122

22. Liability as to articles ............... ... ... ... ... ... 122

23. Burden of proof in respect of loss of animals oi. goods ... 123
24. Notification of claims to refund of overcharges, etc . ... 123

25. Exoneration from responsibility if goods falsely described 123

26. Report of accidents .................... ... ... ... ... ... 124

27. Penalties for non-compliance with section 26 or 29(2) ... 124

28. Compulsory medical examination of person injured --- --- 124

29. Powers of administrator ................ ... ... ... ... ... 125





Section Page

30. Maximum load for wagons and trucks ........ ... ... 127

31. Powers of manager as to punishment of railway officials ... 127

32. Fares to be prepaid and tickets to be given up ... ... ... 128
33. Fare and freight to be accepted conditionally ... ... ... 129

34. Offences in connexion with fares .......... ... ... ... ... 129

35. Penalty for entering carriage in motion or riding on the steps. 129

36. Penalty for riding on engine, tender, luggage van, etc. ... 130

37. Penalty for smoking, chewing, etc . .... ... ... ... ... 130
38. Penalty for intoxication or nuisance ... ... ... ... ... 130

39. Passengers may be directed as to the carriage ... 131

40. Penalty for entering private room ol. carriage, etc . ... ... 131

41. Remedy for non-payment of sum due for carriage of goods, etc. 131
42. Further provision for detention and forfeiture in certain cases. 132

43. Written account of goods to be given on demand ... ... 132

44. Penalty for giving no account or false account ... ... ... 133

45. Carriage of goods of a dangerous ol. offensive nature ... 133

46. Persons suffering from leprosy, etc., not allowed to travel 133

47. Penalty for trespass ................... ... ... ... ... ... 134

48. Penalty for driving an animal upon or across a railway ... 134

49. Penalty for defacing pass or ticket .... ... ... ... ... 134

50. Penalty for obstructing railway servant ... ... ... ... 134

51. Occupation crossings ................... ... ... 134

52. Liability of owner of animal trespassing ... ... ... ... 135

53. Penalty for injury to carriage, etc . ... ... ... ... ... 135

54. Penalty for opening or not properly shutting gates oi. chains. 136
55. Penalty for drunkenness or breach of duty by railway official. 136

56. Penalty for negligent act .............. ... ... ... ... 136

57. Breach of rules .--- ................... ... ... ... ... 136

58. Apprehension of offenders .............. ... ... ... ... 137

59.............................Rules fox. the construction of the Ordinance ... ... ... 137

60. Recovery of fare, money due, damages and expenses ... ... 137

61.............................Penalty for removing documents or notices ... ... ... 137

SCHEDULE.
(Articles to be declared and insured).





CHAPTER 99.
RAILWAYS.

To regulate the construction and management of railways.

[16th July, 1909

1. This Ordinance may be cited as the Railways Ordinance.

2. In this Ordinance-

'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;

'assistant manager' means the person appointed by the Governor to
act as assistant manager of a railway;

'manager' means the person appointed by the Governor to act as
manager of a railway;

'railway' means a railway or any portion of a railway for the public
carriage of passengers, animals or goods, and includes

(a)all land with the fences or other boundary marks indicating
the limits of the land appurtenant to a railway;

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

(c)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;

(d)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
authority of the administrator;

(e)any railway or portion of a railway in process of construction,
and





(f) all works connected with or for the purposes of a railway
authorized to be constructed;

'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.

3. 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, bc perfornied
and exercised by an assistant manager or by an assistant
engineer.

4. The administrator shall have the custody and
administration of all railways subject to the general authority
of the Governor in Council.

5. 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 of the Governor.

6. (1) The Governor in Council may authorize the construction 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 meaningof the Crown Lands Resumption
Ordinance.

Construction

7. For the purpose of constructing any such authorized railway,
the administrator may-

(a)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
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;

(b)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 ;

(c)make drains or conduits into, through or under any lands
adjoining the railway for the purpose of conveying water to
or from the railway;

(d)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;

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

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

The exercise of the powers conferred on the adminis-
trator by this section shall be subject to the control of the
Governor in Council.

8. 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.

9. (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,





embankment or other work under his control to enter upon any lands
adjoining the 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 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 subsection shall cease and determine if the
Governor in Council considers that the exercise of the power is not
necessary for the public safety.

10. The administrator shall make and maintain for the
accommodation of the owners aiid occupiers of lands adjoining any
railway

(a)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

(b)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

(a)the administrator shall not be required to make any,
accommodation works in such a manner as would prevent ot
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

(b)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 compelled to
provide other accommodation for the crossing of
the road or stream.

11. 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 compensation in respect of any land or property
adjoining a railway, or of any interest therein which lias 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-

(a)there shall be two arbitrators, one of whom shall be
nominated by the Governor and the other by the
person claiming compensation;

(b)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 aiid the decision of such
judge shall be final ;

(c)the decision of the arbitrators or the umpire, as the
case may be, shall be forwarded in writing to the
Colonial Secretary;





(d)where the amount of compensation, if any, is determined 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 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 Gazette fix a date after
which no claim for compensation shall lie.

12. (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 subsection (1)
may be exercised by the administrator 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 the railway

13. The administrator may use upon any railway
locomotive engines or other motive power and rolling stock
to be drawn or propelled thereby.

14. 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

(a)he has made a careful inspection of the railway and rolling
stock;





(b)the works and rolling stock are in a sound condition; and

(c)in his opinion the railway can be opened for the public
carriage of passengers without danger to the public using it.

Legal proceedings.

15. All actions and suits which, if the railway were the
the property of a company under the Companies Ordinance,
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
countrary 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 t be
the property of the manager.

16. (1) None of the rolling stock, machinery, plant, tools, fittings,
materials or effects used or provided by the administrator 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 subsection (i) is to be construed as affect-
ing the authority of any court to attach the earnings of a
railway in execution of a judgment or order.

17. (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 registered.

Responsibility of the administrator as carrier.

18. 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 the burden of proving such fact shall he upon
the person claiming compensation.

19. 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.

20. (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 five hundred
dollars a head, in the case of mules, donkeys or horned cattle one
hundred and fifty dollars a head, in the case of sheep, goats, dogs or
other animals fifty dollars a head, unless the person sending or
delivering them 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
administrator may charge in respect of the increased risk a
percentage upon the excess of the value so declared over the
respective sums aforesaid.

21. The administrator shall not be responsible for the
loss, destruciton or deterioration of any passenger's luggage
Unless it has been delivered into the custody of a railway
official.

22. (1) When any articles mentioned in the Schedule are contained
in any parcel or package delivered to the administrator 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 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 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 subsection (i) 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 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

23. 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.

24. A person shall not be entitled to a refund of an
overcharge in respect of animals or goods carried by a rail-
way or to compensation for the loss, destruction or deterioration
tion 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 administrator within six months from the date of
delivery of the animals or goods for carriage.

25. 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 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 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.





Accidents.

26. When any of the following accidents occurs in the working of
any railway

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

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

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

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

(e)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.

27. Any, station master or railway official who omits to
give notice of an accident as is required by section 26 or by
any rules under subsection (2) of section 29 shall upon Sum-
mary conviction be liable to a fine of two hundred and fifty
dollars.

28. 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 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.





Management.

29. (1) It shall be lawful for the administrator to do all things
(including entering into contracts) 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 timetables 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 run

(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 ;

(f) to fix the different rates payable for the carriage of various
goods over the railway aiid 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 fix and vary from time to time the rates for the carriage of
any animals by the railway;

(j) 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.

(2) Subject to the approval of the Governor in Council the
administrator may by rules provide for--

(a) the gencral purposes of administration;

(b)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)the conditions under which tickets shall be issued, including
conditions for the examination and search for the purpose of
enforcing any enactment in force in the Colony or for
customs purposes of the person, baggage or goods of
passengers travelling on the railway to or from a place in the
Colony from or to a destination in China;

(d)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;

(e)the terms upon which any goods or class of goods will be
received for carriage by the railway

(f) the receipt, transport and delivery of animals over the
railway, and the terms upon whicb they will be received for
carriage by the railway and the restrictions placed upon such
carriage.

(g) the hours of employment and the work to be done
by railway servants;

(h)the conduct aiid control of all persons working for or on the
railway whilst on the railway premises, rolling stock or
properly,

(i) the procedure to be followed in the case of accidents;





(j) forms;

(k)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 niade, aiid 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
aiid shall allow any person to inspect any such copy at all
reasonable times.

30. (1) The administrator shall determine the maximum load for
every wagon or truck in his possession and shall conspicuously
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 adminis-
trator for the class of axle.

31. (1) The manager may, on sufficient cause to him appearing and
subject to the provisions hereinafter contained, 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 performance 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
bc 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 29, 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 fine not exceeding the basic monthly salary paid to such
person.

(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.

(4) An appeal to the Governor shall lie from any penalty imposed
by the manager under this section.

(5) Every appeal to the Governor under this 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 railway official
in receipt of a basic salary the minimum figure on the scale
of which is, in the case of a male four hundred dollars per
month or more and, in the case of a female three hundred
and twenty dollars per month or more.

32. No person, unless exempted from the payment of fare by or
under any general rule made under section 29, 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 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 aforesaid 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.





33. 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 aiid 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.

34. (1) Any 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 of one
thousand dollars or imprisonment for six months.

(2) The liability of an offender to punishment under this
section shall not prejudice the recovery of any fare payable
by him.

35. Any passenger who-

(a)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





(b)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 of two
hundred and fifty dollars. [391

36. Any 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 or any part thereof not appropriated
to the carriage of passengers on on any railway, shall upon summary
conviction be liable to a fine of two hundred and fifty dollallars.

37. (1) Any 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 nonsmokers; or

(b)spits in, from or upon any railway waiting room, platform or
other premises or any railway cariage,

shall upon summary conviction be liable to a fine of fifty dollars

(2) Any person who persists in infringing any of the
provisions 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 subsection, be
removed by any such official from any such carriage and
frorn the railwy premises and, further shall forfeit. his
fare.

38. Any 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 a railway, shall upon summary conviction be liable to a
fine of two hundred and fifty dollars, and to imprisonment for 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.





39. 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.

40.(a) Any 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

(b)any 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

(c)any 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 of two
hundred and fifty dollars.

41. 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 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.

42. (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 bona fide passengers' baggage placed on
the train by, or with the authority of, a railway official) have
not been declared for freight.

(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.

(3) Where goods have been declared to be forfeited
under the provisions of the foregoing subsection upon
information supplied by a person other than a public servant
it shall be lawful for the administrator, subject to any general
or special instructions of the Governor in Council, to authorize
the payment to such person of an amount, not exceeding
one-quarter of the proceeds of sale realized or to be realized
upon the sate of such goods, which he considers will con-
stitute an appropriate reward. In the event of such person
being a person employed by the Chinese Maritime Customs
any reward payable under this subsection shall in lieu of
being paid to such person be paid to such official of the
Chinese Maritime Customs as may, in the opinion of the
administrator, be authorized to receive it.

43. 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 hint 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.





44. Any such owner or person as aforesaid who, upon
demaned by any railway official, fails to give such account or
wilfully gives a false account shall upon summary conviction
be liable to a fine of one hundred dollars for every (on of
goods and of fifty dollars for any quantity less than a
ton.

45. (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 29 of this Ordinance,
except in accordance with the provisions of any general rule made
under the last-mentioned section.

(2) Any 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 of
five 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
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.

46. Any person knowingly suffering from leprosy,
smallpox 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
of one thousand 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 portion of any carriage or
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 until it has been so disinfected.

47. Any 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 of
two hundred and 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 of one thousand
dollars or imprisonment for six months.

48. Any 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, ot, who
tethers any animal upon or within reach of any railway, or
who suffers any animal to stray upon any railway, shall upon
summary conviction be liable to a fine of two hundred and
fifty dollars

49. Any 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. of two hundred and
fifty dollars.

50. Any person who wilfully obstructs or impedes any
railway servant in the discharge of his duty shall upon
summary conviction be liable to a fine of five hundred dollars
or imprisonment for three months.

51. It shall be lawful for the Governor to declare by notification
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 crossing 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
of two hundred and fifty dollars or imprisonment for three
months.

52. (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 of twenty-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 twenty-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
magistrate may award and such further sum as he may order
to be paid for the expenses of keeping, feeding and, if the
animal has been sold, of selling such animal shall be
returned or paid to the owner.

53. Any person who-

(a) unlawfully and wilfully removes or defaces any
number-plaate or removes or extinguishes any lamp on any
carriage or signal-post belonging to the railway; or

(b) wilfully imitates any railway signal; or

(C)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 of one
thousand dollars or imprisonment for one year.

54. Any 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 of two hundred and fifty
dollars.

55. Any railway official who-

(a)is in a state of intoxication or under the influence of opium,
compound of 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

(b)negligently omits to perform his duty or performs the same in
an improper manner,

shall upon summary conviction be liable to a fine of two
hundred and fifty 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 a fine of one thousand dollars
and imprisonment for one year.

56. Any 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 a
fine of one thousand dollars and imprisonment for six
months.

57. Any 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 of two hundred and fifty dollars.





58. Any 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 appre-
hended shall with all convenient despatch be taken before a
magistrate to be dealt with according to law.

59. 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.

60. The provisions of the Magistrates Ordinance, 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
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.

61. Any person who wilfully or maliciously removes, defaces or in any
way injures any copy of any rules kept at a station as required by subsection
(4) of section 29, 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 of two hundred and fifty dollars or imprisonment
for three months.

SCHEDULE. [s. 22.]
ARTICLES TO BE DECLARED AND INSURED.

(a) gold and silver, coined or uncointed manufactured or unmanufactured;

(b) plated articles;

(e) 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 entitled to wear uniform;





(d) pearls, precious stones, jewellery and trinkets;

(e)watches, clocks and timepieces of any description;
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;

(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 in the Gazette, add to this Schedule.
Originally 21 of 1909. Fraser 21 of 1909. 48 of 1948. 9 of 1950. Short title. Interpretation. [s. 2 cont.] Powers of assistant manager or assistant engineers. Custody and administration. Appointment of officers. Sanction for railway construction. (Cap. 124.) 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. [s. 9 cont.] Maintenance of crossings, bridges, arched, culverts, etc. Exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. [s. 11 cont.] 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, (Cap. 32.) (Cap. 4, rules.) 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. [s. 18 cont.] Liability for loss or injury in respect of goods. Provision as to liability in respect of carriage of certain animals. 9 of 1950, Schedule. 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. Penalties for non-compliance with s. 26 or 29 (2). Compulsory medical examination of person injured in railway accident. Powers of administrator. 9 of 1950, Schedule. [s. 29 cont.] 48 of 1948, s. 2. Maximum load for wagons and trucks. Powers of manager as to punishment of railway officials. [a. 31 cont.] 48 of 1948, s. 3. 48 of 1948, s. 3. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Offences in connection with fares. 48 of 1948, Schedule. Penalty for entering carriage in motion or riding on the steps. [s. 35 cont.] 48 of 1948, Schedule. Penalty for riding on engine, tender, luggage van, etc. 48 of 1948. Schedule. Penalty for smoking, chewing, etc. 48 of 1948, Schedule. Penalty for intoxication or nuisance. 48 of 1948, Schedule. Passengers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage, etc. 48 of 1948, Schedule. Remedy for non-payment of sum due for carriage of goods, and for non-payment of fare. [s. 41 cont.] Further provision for detention and forfeiture in certain cases. 48 of 1948, s. 4. Written account of goods to be given on demand. Penalty for giving no account or false account. 48 of 1948, Schedule. Carriage of goods of a dangerous or offensive nature, (1 of 1873.) 48 of 1948, Schedule. Persons suffering from leprosy, etc., not allowed to travel. 48 of 1948, Schedule. [s. 46 cont.] Penalty for trespass. 48 of 1948, Schedule. Penalty for driving an animal upon or across a railway. 48 of 1948, Schedule. Penalty for defacing pass or ticket. 48 of 1948, Schedule. Penalty for obstructing railway servant. 48 of 1948, Schedule. Occupation crossings. 48 of 1948, Schedule. Liability of owner of animal trespassing. 48 of 1948, Schedule. 48 of 1948, s. 5. Penalty for injury to carriage, etc. [s. 53 cont.] 48 of 1948, Schedule. Penalty for opening or not properly shutting gates or chains. 48 of 1948, Schedule. Penalty for drunkenness or breach of duty by railway official. 48 of 1948, schedule. Penalty for negligent act, etc. 48 of 1948, Schedule. Breach of rules. 48 of 1948, Schedule. Apprehension of offenders. Rules for the construction of the Ordinance. Recovery of fare, money due, damages and expenses. (Cap. 227.) Penalty for removing documents or notices. 48 of 1948, Schedule. [Sched. Cont.]

Originally 21 of 1909. Fraser 21 of 1909. 48 of 1948. 9 of 1950. Short title. Interpretation. [s. 2 cont.] Powers of assistant manager or assistant engineers. Custody and administration. Appointment of officers. Sanction for railway construction. (Cap. 124.) 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. [s. 9 cont.] Maintenance of crossings, bridges, arched, culverts, etc. Exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. [s. 11 cont.] 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, (Cap. 32.) (Cap. 4, rules.) 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. [s. 18 cont.] Liability for loss or injury in respect of goods. Provision as to liability in respect of carriage of certain animals. 9 of 1950, Schedule. 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. Penalties for non-compliance with s. 26 or 29 (2). Compulsory medical examination of person injured in railway accident. Powers of administrator. 9 of 1950, Schedule. [s. 29 cont.] 48 of 1948, s. 2. Maximum load for wagons and trucks. Powers of manager as to punishment of railway officials. [a. 31 cont.] 48 of 1948, s. 3. 48 of 1948, s. 3. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Offences in connection with fares. 48 of 1948, Schedule. Penalty for entering carriage in motion or riding on the steps. [s. 35 cont.] 48 of 1948, Schedule. Penalty for riding on engine, tender, luggage van, etc. 48 of 1948. Schedule. Penalty for smoking, chewing, etc. 48 of 1948, Schedule. Penalty for intoxication or nuisance. 48 of 1948, Schedule. Passengers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage, etc. 48 of 1948, Schedule. Remedy for non-payment of sum due for carriage of goods, and for non-payment of fare. [s. 41 cont.] Further provision for detention and forfeiture in certain cases. 48 of 1948, s. 4. Written account of goods to be given on demand. Penalty for giving no account or false account. 48 of 1948, Schedule. Carriage of goods of a dangerous or offensive nature, (1 of 1873.) 48 of 1948, Schedule. Persons suffering from leprosy, etc., not allowed to travel. 48 of 1948, Schedule. [s. 46 cont.] Penalty for trespass. 48 of 1948, Schedule. Penalty for driving an animal upon or across a railway. 48 of 1948, Schedule. Penalty for defacing pass or ticket. 48 of 1948, Schedule. Penalty for obstructing railway servant. 48 of 1948, Schedule. Occupation crossings. 48 of 1948, Schedule. Liability of owner of animal trespassing. 48 of 1948, Schedule. 48 of 1948, s. 5. Penalty for injury to carriage, etc. [s. 53 cont.] 48 of 1948, Schedule. Penalty for opening or not properly shutting gates or chains. 48 of 1948, Schedule. Penalty for drunkenness or breach of duty by railway official. 48 of 1948, schedule. Penalty for negligent act, etc. 48 of 1948, Schedule. Breach of rules. 48 of 1948, Schedule. Apprehension of offenders. Rules for the construction of the Ordinance. Recovery of fare, money due, damages and expenses. (Cap. 227.) Penalty for removing documents or notices. 48 of 1948, Schedule. [Sched. Cont.]

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