MASS TRANSIT RAILWAY CORPORATION ORDINANCE

MASS TRANSIT RAILWAY CORPORATION ORDINANCE

LAWS OF HONG KONG

MASS TRANSIT RAILWAY CORPORATION ORDINANCE

CHAPTER 270





CHAPTER 270

MASS TRANSIT RAILWAY CORPORATION
ORDINANCE

ARRANGEMENT OF SECTIONS

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

PART 1

PRELIMINARY

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

PART I

INCORPORATION AND
POWERS

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

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

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

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

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

PART 111

FINANCIAL

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

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

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

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

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

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

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

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

PARTIV

GENERAL

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

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

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

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







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

PART IVA

SAFETY OF RAILWAY

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





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

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

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





CHAPTER 270

MASS TRANSIT RAILWAY CORPORATION

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

(Amended, 58 of 1979, s. 2)

[26 September 1975.1

PART 1

PRELIMINARY

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

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

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

'Chairman' means the Chairman of the Board;

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

'financial yea?' means

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

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

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

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

'member' means a member of the Board;

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

'railway premises- means

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

(b) any train on railway premises.





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

PART II

INCORPORATION AND POWERS

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

(2) The purposes of the Corporation are-

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

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

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

C_

may lawfully do and suffer.

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

(a) a Chairman appointed by the Governor;

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

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

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

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

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

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

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





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

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

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

(b) be appointed thereto more than once.

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

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

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

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

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

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

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

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

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

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

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





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

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

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

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

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

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

determine the fares payable by persons travelling on the
railway.

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

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

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

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

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

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

8. (1) The Corporation may-

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

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





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

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

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

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

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

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

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

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

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

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

PART 111

FINANCIAL

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





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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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





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

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

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

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

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

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

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

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

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





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

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

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

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

(b) a copy of its accounts therefor, and

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

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

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

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

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

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

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

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

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

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

PART IV

GENERAL

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





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

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

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

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

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

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

(3) The Building Authority may-

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

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

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

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

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

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





PART IVA

SAFETY OF RAILWAY

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

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

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

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

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

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

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

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

23B. (1) An inspector may

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

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

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

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

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

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

(2) Subsection (1) applies to-

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





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

(3) Any person who-

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

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

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

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

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

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

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

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

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

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

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

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

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





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

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

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

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

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

PART V

REGULATIONS AND BY-LAWS

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

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

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

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

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

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

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





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

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

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

(b) controlling and regulating-

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

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

(iii) advertising on railway premises;

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

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

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

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

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

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

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

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





PART VI

REPEAL AND TRANSITIONAL

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

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

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

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

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

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

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

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

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





SCHEDULE [s. 21(2).]

PROVISIONS OF PUBLIC HEALTH AND URBAN
SERVICES
ORDINANCE DISAPPLIED

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

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

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

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

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

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

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

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