PEAK TRAMWAY BY-LAWS

PEAK TRAMWAY BY-LAWS

TRAMWAY BY-LAWS

OF BY-LAWS

By-law Page

PART I

GENERAL

1. Citation .............................B3

2. Application of by-laws ........................................................................... B3
3. Interpretation ............................................................... B3
4. No liability for injury .............. R 3

PART II

CONDUCT OF PASSENGERS

5. Compliance with notices .................................. B 3
6. Boarding and leaving tramcar ......... B4

7. Maximum number of passengers on tramcar B 4
8. Damage to tramcar ....................B 4
9. Non-smoking area .....................B 4
10. Prohibition of musical instruments etc . B 4

11. Prohibition of spitting etc . ........................... B 4
12. Conduct of passengers ...............B 5
13. Animals etc . .......................B 5
14. Consumption of food and drink ....... B 5
15. Damage to Company property ..........B 5
16. Wearing of suitable clothing on tramway B 5
17. Boarding of tramway with luggage, food etc . B 6
PART III
TRESPASS To PREMISES
18. Entry onto premises .................B6
19. Refusal of admission ................B6

PART IV

ARRANGEMENT


TICKETS AND FARES

20. Carriage on tramway etc . ............................................ B 6
21. Issue of tickets etc . ................................... B 7
22. Monthly and season tickets .......... B 7
23. Payment of fare .......................................... B 8
24. Display of ticket ...................B 8





By-law Page

PART V
FIREARMS AND DANGEROUS SUBSTANCES
25. Firearms .............................B 8
26. Dangerous substances .................B 8
PART VI
LOST PROPERTY
27. Lost property to be handed to official B 8
28. Storage of lost property etc . .......B9
PART VII
ENFORCEMENT AND PENALTIES
29. No intentional obstruction ...........B9
30. Removal from Company premises ........B9
31. Penalties for committing offence .....B9
32. Copies of by-laws ....................B 10
Schedule. Penalties ......................B 10





PEAK TRAMWAY BY-LAWS

(Cap. 265, section 15A)
[14 July 1989]

L.N. 237 of 1989

PART I

GENERAL

1. Citation

These by-laws may be cited as the Peak Tramway By-laws.

2. Application of by-laws

These by-laws shall apply to the premises (as defined) including tramcars,

and all places with respect to which the Company has powers to make by-laws.

3. Interpretation

In these by-laws

'Company' means the Peak Tramways Company Limited;

'tramcar' includes all tramcars, cars and trucks or similar vehicles used upon the
tramway;

'official' means any officer or employee of the Company and includes any
conductor having charge of any tramcar and any ticket inspector;

'premises' includes all premises of whatsoever nature used in connection with the
tramway, including the termini and the tramcars;

'passengers' means members of the public using the tramway or lawfully upon the
premises in order to use the tramway.

4. No liability for injury

The Company accepts no liability for any loss or damage, whether physical

injury or damage, or otherwise, suffered by any persons while on the premises

(including the tramcars) except to the extent that such loss or damage involves
death

or physical injury and is directly attributable to the negligence of the Company.

PART II

CONDUCT OF PASSENGERS

5. Compliance with notices

Every person while on the premises shall comply with all notices, signs,

indicators and all reasonable directions and requests of any official.





6. Boarding and leaving tramcar

When a tramcar stops, no person shall board the tramcar until directed to
do so by an official. In no circumstances shall any person enter, mount or leave,
or attempt to enter, mount or leave any tramcar whilst it is in motion.

7. Maximum number of passengers on tramcar

Each tramcar is authorized to carry a maximum number of passengers. If
an official determines that a tramcar is full, no person shall enter such tramcar
and any passenger shall promptly leave such tramcar if directed by such official
to do so.

8. Damage to tramcar

If at any time a tramcar becomes in any way damaged, or from any cause
unable to proceed, the passengers shall upon the request of an official leave the
tramcar under the direction of the official, and if such passengers have paid
their fares, they shall not be entitled to demand back the amount of their fares
so paid, but on production of their tickets shall be allowed to travel by the next
available tramcar the remainder of the distance in respect of which they have
paid their fares. No person shall except with the leave of an official enter a
damaged tramcar which is not in use, or is to be withdrawn from use.

9. Non-smoking areas

No passenger shall smoke or carry a lighted pipe, cigar or cigarette in
any area within the premises designated by the Company by notice to be a
non-smoking area.

10. Prohibition of musical instruments etc.

No passenger or other person shall play or perform upon any musical
instrument, portable radio, cassette player or other audio equipment while
upon the premises.

11. Prohibition of spitting etc.

No passenger shall-
(i) spit in, on, from or against any tramcar, or on the premises;
(ii) swear, or use vulgar or abusive language, whilst on the premises;
(iii) place or throw any litter or rubbish upon the premises including
in or from the tramcars, except into marked receptacles provided
for that purpose;





(iv) place his feet on a seat in any part of the premises including the
tramcars; or
(v)otherwise intentionally interfere with the comfort of any other
passenger.

12. Conduct of passengers

No person shall conduct himself on any tramcar or in any other part of the
premises so as to cause, or be likely in the opinion of an official to cause, a
nuisance or annoyance to other passengers.

13. Animals etc.

No person shall bring any animal or other livestock into or upon any part
of the premises, other than a guide-dog accompanying a blind person.

14. Consumption of food and drink

(i) No person shall consume, or attempt to consume, any food
(including ice-cream) or beverage (whether alcoholic or non-
alcoholic) in any tramcar;
(ii) no person in a state of intoxication shall be permitted upon any
part of the premises, or to enter or mount upon any tramcar, and
if any official believes a person to be in a state of intoxication he
may require that person to leave the premises immediately, upon
the fare, if already paid, being returned.

15. Damage to Company property

No person shall damage in any way whatsoever any of the premises or
property belonging to the Company including any tramcar, or remove or deface
any printed or other notice, in or on the premises, or break or scratch any
window of any tramcar. Any person acting in contravention of this by-law shall
be liable to pay the amount of any damage done, in addition to the penalty
prescribed by these by-laws for contravention of this by-law.

16. Wearing of suitable clothing on tramway

Suitable dress or clothing must be worn at all times by persons upon any
part of the premises. Any person whose dress or clothing might in the opinion
of an official soil or injure the premises or the dress or clothing of any other
passenger, or which in the opinion of an official might for any other reason be





offensive to passengers, shall not mount, enter or remain on or in any part of the
premises, including any tramcar, and may be prevented from so doing; and shall, on
request by an official, leave the same upon the fare, if previously paid, being
returned.

17. Broading of tramway with luggage, food etc.

No person shall

(i) carry or attempt to carry upon the tramway any luggage, article or
other thing which cannot be carried or otherwise accommodated on
the tramway without risk of damage to the tramway and without
causing a nuisance or inconvenience to other passengers; or

(ii) be allowed to board any tramcar or enter any areas of the tramway for
the use of passengers carrying any item, food or package that might
in the opinion of an official be offensive to other passengers or might
soil or damage the premises (including the tramcar), or the property of
other passengers.

PART III

TRESPASS TO PREMISES

18. Entry onto premises

No person, not being an official, or duly authorized by the Company, shall enter
any part of the tramway line or track or any other part of the premises not
specifically provided for the use of passengers.

19. Refusal of admission

The Company reserves the right to refuse to admit any person onto the
premises or any part thereof at any time, and shall not be required to state any
reason for such refusal.

PART IV

TICKETS AND FARES

20. Carriage on tramway etc.

The purchase of a ticket for carriage upon the tramway does not guarantee that
a passenger will be conveyed on any particular tramcar, or that any tramcar shall
depart or arrive at a particular time and the Company will not be





liable to any person for any loss or damage caused by the alteration, suspension
or withdrawal of the Company's tramway services (or a part thereof) for any
reason whatsoever. All time-tables issued by the Company are issued by way of
guidance only and any departure and arrival times for any tramcar are
estimates only.

21. Issue of tickets etc.

(i) All tickets issued by or on behalf of the Company are issued
subject to these by-laws.
(ii) Any person to whom or on whose behalf a ticket is issued or
otherwise acquires a ticket shall be deemed to have knowledge of
and to have agreed to these by-laws.
(iii) The fares appearing in notices, lists or tables published from time
to time by the Company and posted at all locations for the
purchase of tickets for carriage upon the tramway are the
authorized fares for travel upon the tramway.

22. Monthly and season tickets

(i) The Company may issue monthly or season tickets carrying no
special rights or privileges which shall be for the use only of the
passenger who is named thereon, who shall immediately upon
issue sign such monthly or season ticket.
(ii) No person shall use, or attempt to use, any season ticket which is
not issued in his name, and no monthly or season ticket holder
shall sell or transfer, or attempt to sell or transfer any monthly or
season ticket of which he is the holder to any other person.
(iii) All monthly and season tickets shall be produced for inspection
by an official whenever the holder is entering upon or leaving the
premises, or in default the monthly or season ticket holder shall
pay the same fare for the journey as that legally demandable
from a passenger who is not a monthly or season ticket holder.
(iv)In the event of any monthly or season ticket holder contravening
any of these by-laws the Company shall be entitled, on being
satisfied that an offence has been committed to impound, retain
and forfeit such monthly or season ticket and shall be under no
liability to make any refund in respect thereof.

23. Payment of fare

No person shall, without lawful authority or reasonable excuse travel or
attempt to travel upon any part of the tramway without first paying the





appropriate fare and obtaining the appropriate ticket. Any person leaving the
premises shall be deemed to have completed his journey and shall deliver up his
ticket (unless the same is an unexpired monthly or season ticket) upon request of an
official.

24. Display of ticket

Every passenger shall show his ticket (whether a monthly or season ticket, or
other form of ticket) when requested by an offical.

PART V

FIREARMS AND DANGEROUS SUBSTANCES

25. Firearms

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

26. Dangerous substances

No person not being duly authorized in that behalf shall bring on to any part of
the premises any substance or other thing which is subject to the provisions of the
Dangerous Goods Ordinance (Cap. 295).

PART VI

LOST PROPERTY

27. Lost property to he handed to official

Any person who finds any property which appears to have been lost or
misplaced by another person in or upon any part of the premises shall hand the
same to an official, and no person other than an official shall remove from any
tramcar any such property save for the purpose of handing over the same
immediately to an official.

28. Storage of lost property etc.

(i) All lost or misplaced property which comes into the possession of the
Company shall be dealt with as follows





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

(b)all other goods or articles shall be retained by the Company for a
period of 3 months after they have come into its possession and,
if at the end of that period they remain unclaimed, they shall be
deemed to become the property of the Company free of all rights
and encumbrances, and the Company may dispose of them by
sale or otherwise as it sees fit and retain any proceeds of sale
thereof, and no claim for damages or compensation shall be
brought against it by any person in respect of such goods or
articles.

(ii) Any person claiming ownership of any lost property shall be

required to identify it to the reasonable satisfaction of the Company
before the Company shall return such property to such person.

PART VII

ENFORCEMENT AND
PENALTIES

29. No intentional obstruction

No person shall intentionally obstruct or impede any official in the execution of
his duty upon or in connection with any tramcar or other property of the Company.

30. Removal from Company premises

Every official shall have the power to remove (if necessary by the use of
reasonable force) from the premises, or any part thereof, any person whom he
reasonably suspects of committing or attempting to commit any breach of these by-
laws; and in the case where such breach is an offence as herein provided he shall
have the power to detain such person until he can be delivered into the custody of a
police officer to be dealt with according to the law. Where any person so removed
shall have paid his fare he shall not be entitled to claim its return.

31. Penalties for committing offence

Any person who offends against or commits a breach of any of the by-laws set
out in the first column of the Schedule commits an offence and is liable to the
penalty set out in the third column of that Schedule opposite the reference to that
by-law.





32. Copies of by-laws

There shall be placed and kept in a conspicuous position at the Company's
termini and at its registered office printed copies in the English and Chinese
languages of these by-laws.

SCHEDULE [by-law 31]

PENALTIES

By-law Summary of Offence Penalty

6 Improperly boarding a tramcar $1,000
9 Smoking in non-smoking area $5,000
10 Playing a musical instrument etc. $1,000
11 Spitting, swearing etc. $1,000

12 Causing a nuisance $3,000 + 6 months
imprisonment
13 Bringing animals onto the premises$1,000
14 Consuming food in tramcar $1,000
14 Intoxication $3,000 + 6 months
imprisonment
15 Causing damage $5,000 + 6 months
imprisonment
16 Wearing unsuitable clothing $1,000

17 Carrying excessive luggage, or offensive items $1,000

18 Trespass $5,000
23 Travelling without a ticket $3,000
24 Failure to show ticket $3,000
25 Carrying firearms $5,000
26 Carrying dangerous goods $5,000
29 Obstruction of officials $5,000 + 6 months
imprisonment

https://oelawhk.lib.hku.hk/items/show/3044

1964

v17

265

10