KOWLOON-CANTON RAILWAY CORPORATION REGULATIONS

KOWLOON-CANTON RAILWAY CORPORATION REGULATIONS

KOWLOON-CANTON RAILWAY CORPORATION REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ................................... ... ... ... ... ... ... ... A2
1A.......Interpretation ....................... ... ... ... ... ... ... ... ...
A2

2. Accidents which are to be notified ......... ... ... ... ... ... ... ... A 2

3. Other occurrences which are to be notified ... ... .. ... ... ... ... A 2
4. Notification of accidents and other occurrences ... ... .... ... ... ... ... A 2

5. Chief Secretary may direct inspector to investigate ... ... ... ... ... ... A 3

6. Powers of inspectors in relation to investigation of accidents or other occurrences A 3

7. Further provisions as to investigations .... ... ... ... ... ... ... ... A 4
8. Obstruction and failure to supply information ... ... ... ... ... ... ... A


9. Corporation to prepare and issue operating manuals ... ... ... ... ... ... A 4



10................Setting aside of bus stops ... ... ... ... ... ... ... ... ... ... ... A 5
11................Designation of rail stops ... ... ... ... ... ... ... ... ... ... ... A 5

12.......................Boarding and alighting of passengers ... ... ... ... ... ... ... ... A 6

13................Appeal by Corporation ....... ... ... ... ... ... ... ... ... ... ... A 6


Schedule. Notifiable Occurrences ................ ... ... ... ... ... ... ... ... A 7





KOWLOON-CANTON RAILWAY CORPORATION
REGULATIONS

(Cap. 372, section 30)

[1 February 1983.1

1. These regulations may be cited as the Kowloon-Canton
Railway Corporation Regulations.

1A. In these regulations, unless the context otherwise
requires-

'Commissioner' means the Commissioner for Transport;
'designated rail stop' means a place designated as a rail stop under
regulation 11;

'Secretary' means the Secretary for Transport;
vehicle of the North-west Railway' means a light rail vehicle
operated on the North-west Railway.

2. (1) An accident is notifiable under regulation 4 if it occurs
on the railway and-

(a)as a result thereof any person dies or suffers serious injury;
or
(b) it involves a train-
(i) colliding with, or striking against, another train or
any other object; or
(ii) leaving the rails,
and doing so either on a line used for the carriage of
passengers or goods or in circumstances where the normal
operation of such a line is affected.

(2) For the purposes of paragraph (1) a person suffers serious
injury if he suffers amputation of a limb, a fracture or dislocation,
internal injuries, loss of an eye, burns or any other injury of a kind
which results in his being admitted to a hospital immediately
following the accident for observation or treatment.

3. Every occurrence described in the Schedule is notifiable
under regulation 4 if it occurs on the railway.

4. (1) The Corporation shall give notice to the Chief Secre-
tary of every accident which is notifiable under regulation 2 and
occurrence which is notifiable under regulation 3.
(2) The Corporation shall also supply to the Chief Secretary
such further information concerning such an accident or occurrence
as he may require it to furnish to him.

(3) Notice shall be given under paragraph (1) as follows-





(a)in the case of an accident which is notifiable under regula-
tion 2, immediately after the occurrence it shall be reported
by word of mouth (which includes such a report by means
of a telephone) to the Chief Secretary or to any other
public officer he may appoint for the purposes of this
sub-paragraph;

(b)as soon as is practicable after the accident or occurrence,
a written report, in such form as the Chief Secretary may
from time to time determine, shall be completed and
delivered to the office of the Chief Secretary.

5. (1) Where an accident or occurrence which is notifiable
under these regulations has occurred, the Chief Secretary may direct
an inspector to investigate the same.

(2) The paramount purpose of such an investigation is to
determine the circumstances and causes of the accident or occur-
rence with a view to avoiding similar accidents or occurrences in the
future, rather than to ascribe blame therefor to any person.

(3) The Chief Secretary may in place of any inspector directed
to carry out an investigation under paragraph (1) direct another
inspector to proceed with the investigation, and in that case the
investigation may be continued as if the change had not occurred.

(4) The inspector shall, on completion of an investigation,
make a report to the Chief Secretary who shall cause the contents
thereof to be brought to the attention of the public in such manner
as he thinks fit.

(5) A report shall state the circumstances of the accident or
occurrence and conclusions as to its cause and any observations and
recommendations which the inspector thinks necessary for the
avoidance of similar accidents or occurrences.

6. An inspector may, for the purpose of investigating an
accident or occurrence pursuant to regulation 5, in addition to his
powers under the Ordinance-

(a)by summons under his hand call before him such persons
as he thinks fit;

(b)examine any such person and require him to answer any
question or to give any information or to produce any
document or article which the inspector thinks may be
relevant to the investigation;

(c)permit any person to appear before him to give any such
information or produce any such document or article;

(d)retain any such document or article until the completion of
the investigation;

(e)require any person to make and sign a statutory declara-
tion as to the truth of any statement made by him;





remove, or take measures for the preservation of, any
machinery, plant or equipment for the purpose of making
any test or inspection;

(g)take such measures as may be necessary for the preserva-
tion of evidence.

7. (1) Every investigation by an inspector shall be held in
private.

(2) A person summoned as a witness at any investigation shall
be allowed such expenses as the Financial Secretary may determine,
and such expenses shall be paid by the Corporation.

(3) The answer given by a person to any question put to him
for the purposes of an investigation shall not be admissible against
that person in any civil or criminal proceedings by or against him
except where he is charged with perjury or with an offence under
regulation 8.

8. Any person who-

(a)without lawful excuse fails to answer a summons under
regulation 6(a) or to comply with a requirement under
regulation 6(b) or (e);

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

(e)obstructs an inspector in the exercise of his powers under
these regulations,

commits an offence and is liable to a fine of $10,000 and to
imprisonment for 6 months.

9. The Corporation shall-

(a)prepare and revise from time to time as may be necessary, a
manual or manuals of instructions setting out the practices
and procedures to be observed to ensure the safe operation
of the railway;

(b)ensure that every person who is engaged in the operation
of the railway, whether as an employee, or as a contractor
or agent of the Corporation, is made fully aware of the
functions and duties imposed on him by the said instruc-
tions, and is provided with every manual in which those
instructions are contained and such replacements thereof
as may be necessary;

(c)furnish to the Chief Secretary such number of copies of
every manual of instructions, and all amendments thereto,
as he may require.





10. (1) The Commissioner may designate a place on a road as a bus
stop for buses used for the purposes of a bus service operated by the
Corporation and may revoke the designation of any place as a bus stop
either temporarily or permanently.

(2) A bus stop may be restricted to a particular route.

(3) Subject to paragraph (2), the driver of a bus used for the
purposes of a bus service operated by the Corporation on a route

(a) may stop at a bus stop to pick up or set down passengers;

(b)shall stop at a bus stop to set down a passenger if requested
to do so and, if not at full capacity, to pick up an intending
passenger when signalled to do so.

(4) The Commissioner may require the Corporation to erect and
maintain a sign, of a type approved by the Commissioner, at a bus stop,
or to remove any sign.

(5) No person shall, without the permission of the Commissioner,
erect or cause to be erected any sign on or near any road in such a
manner that such sign might reasonably be believed to have been
erected in accordance with paragraph (4).

(6) Every sign which, at the commencement of these regulations,
has been lawfully erected on or near a road by the Corporation to
indicate a bus stop shall be deemed to have been erected in accordance
with paragraph (4).

(7) Any person who contravenes paragraph (3) commits an
offence and is liable to a fine of $2,000.

(8) Any person who contravenes paragraph (5) commits an
offence and is liable to a fine of $2,000.

(9) In any proceedings under any enactment, in relation to a place
on a road which is alleged to have been designated as a bus stop under
paragraph (1), a sign at such place which purports to indicate that such
place is a bus stop shall be deemed to have been erected in accordance
with paragraph (4) unless the contrary is proved.

11. (1) The Corporation may, with the approval in writing of the
Commissioner, designate any place on a road as a rail stop for vehicles
of the North-west Railway by delineating and describing on a plan the
location and dimension of that proposed stop, and depositing the plan
with the Commissioner at least 14 days before the designation is to take
effect.

(2) The Corporation may, with the approval in writing of the
Commissioner, revoke or suspend the designation of any place on a
road as a rail stop.

(3) The Commissioner may, by notice in writing served on the
Corporation giving reasons, require the Corporation to revoke the
designation of any place on a road as a rail stop, or suspend it





for such period as may be specified in the notice, before such date as
may be specified in the notice which date shall be not less than 28 days
after the date of the notice.

(4) The Commissioner shall notify the Corporation in writing of
any approval or refusal under paragraph (1) or (2).

(5) Where under this regulation the Corporation, with the approval
or at the request of the Commissioner, revokes or suspends the
designation of any place on a road as a rail stop, the Corporation shall
exhibit an appropriate sign or notice of the revocation or suspension in
a conspicuous position at that place and keep it exhibited until the
platform is demolished or the designation is resumed, as the case may
be.

(6) If the Corporation-

(a)fails to comply with the terms of a notice issued under
paragraph (3) and does not appeal in accordance with
regulation 13;

(b)fails to exhibit a sign or notice in accordance with paragraph
(5); or

(e)where it appeals in accordance with regulation 13, fails to
comply with the terms of a notice under paragraph (3) of this
regulation as confirmed, varied or amended by the Secretary
under regulation 13,

the Corporation commits an offence and is liable to a fine of $1,000 and
to a further fine of $100 for each day on which the offence continues.

12. (1) The driver of a vehicle of the North-west Railway shall not,
for the purpose of allowing passengers or intending passengers to
alight from or board the vehicle, stop the vehicle at any place on a road
other than a designated rail stop except in the case of emergency.

(2) The driver of a vehicle of the North-west Railway who without
reasonable excuse contravenes paragraph (1) commits an offence and is
liable to a fine of $1,000 and to imprisonment for 3 months.

1314(1) The Corporation, if it is aggrieved by any decision or
requirement of, or the refusal of permission by, the Commissioner under
regulation 11, may, within 14 days of receiving notice in writing of such
decision, requirement or refusal, appeal in writing to the Secretary.

(2) The Secretary shall, within 3 months of receiving notice of an
appeal under paragraph (1), consider the appeal and may confirm,
reverse, vary or amend the decision or requirement of, or the refusal of
permission by, the Commissioner.

(3) The Secretary shall notify the Corporation and the
Commissioner of his decision on an appeal.





SCHEDULE [reg. 3.1

NOTIFIABLE OCCURRENCES

PART I

Occurrences directly affecting persons

1. Any accident connected with the operation of the railway or with the mainte

nance thereof, not being an accident which is notifiable under regulation 2, as
a result of which an employee of the Corporation or of a contractor with the
Corporation is unable, for a period exceeding 3 days immediately after the
accident, to fully carry out his normal duties.

2. Any occurrence, not coming within paragraph 1, in which a person

(a) falls off a platform or crosses a line whether or not he is struck by a train;

(b) falls out of a carriage during the running of a train;

(c) falls between a train and a platform;

(d)comes into contact with live overhead electric traction wires or other live
electrical equipment;

(e)suffers injury, which is reported to the Corporation, by the opening or
closing of carriage doors at a station or by the operation of an escalator,
lift or moving path used by the public as part of the railway;

(f)suffers injury, which is reported to the Corporation, as the result of any
action of an employee of the Corporation, or of a contractor with the
Corporation.

PART 11

Occurrences affecting railway premises, plant and equipment

1 Any failure of an axle, wheel or tyre on a train, including tyres unfit to run.

2. Any failure of any part of a power unit on a train which endangers or could

endanger the safe operation of the railway.

3. Any fire, severe electrical arcing or fusing on a train or on any part ofthe
railway

or on any part of the railway premises or on premises occupied or used by the
Corporation in the running ofthe railway.

4. Any accidental division of a train.

5. Any fracture of a rail in the permanent way.

6. Any buckling of a running track.

7. Any failure of a tunnel, bridge or elevated section or any part ofthe same
which

endangers or could endanger the safe operation of the railway.

8. Any flooding of any part of the permanent way which endangers or could

endanger the safe operation ofthe railway.







9. The loss of control of any passenger escalator, lift or moving path.

10. Any failure of a signal structure or of any part ofthe fixed electrical equipment

which endangers or could endanger the safe operation of the railway.

11. The accidental entry of any road vehicle on to the permanent way.

12. Any other failure ofthe permanent way or of any machinery, plant or
equipment

which endangers or could endanger the safe operation of the railway.
L.N. 16/83. L.N. 240/87. Citation. Interpretation. L.N. 240/87. Accidents which are to be notified. Other occurrences which are to be notified. Schedule. Notification of accidents and other occurrences. Chief Secretary may direct inspector to investigate. Powers of inspectors in relation to investigation of accidents or other occurrences. Further provisions as to investigations. Obstruction and failure to supply information. Corporation to prepare and issue operating manuals. Setting aside of bus stops. L.N. 240/87. Designation of rail stops. L.N. 240/87. Boarding and alighting of passengers. L.N. 240/87. Appeal by Corporation. L.N. 240/87.

L.N. 16/83. L.N. 240/87. Citation. Interpretation. L.N. 240/87. Accidents which are to be notified. Other occurrences which are to be notified. Schedule. Notification of accidents and other occurrences. Chief Secretary may direct inspector to investigate. Powers of inspectors in relation to investigation of accidents or other occurrences. Further provisions as to investigations. Obstruction and failure to supply information. Corporation to prepare and issue operating manuals. Setting aside of bus stops. L.N. 240/87. Designation of rail stops. L.N. 240/87. Boarding and alighting of passengers. L.N. 240/87. Appeal by Corporation. L.N. 240/87.

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