KOWLOON-CANTON RAILWAY CORPORATION BY-LAWS

KOWLOON-CANTON RAILWAY CORPORATION BY-LAWS

KOWLOON-CANTON RAILWAY CORPORATION BY-LAWS
ARRANGEMENT OF BY-LAWS

By-law Page

PART I

PRELIMINARY

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... B5
2. Interpretation... ... ... ... ... ... ... ... ... ... ... 1 .. ... ... B5

PART II

CARRIAGE OF PASSENGERS AND ISSUE OF ALL PASSENGER TICKETS

3........Tickets ............................. ... ... ... ... ... ... ... ... ... 87
4........Fares ............................... ... ... ... ... ... ... ... ... B7

5............Refusal of access ......... ... ... ... ... ... ... ... ... ... B7

6.........................Prohibition of entry and travel without ticket ... ... ... ... ... ... ... B 7
7.........................Persons travelling with inappropriate tickets ... ... ... ... ... ... ... B 8

8.......................Surcharge for children under 12 years ... ... ... ... ... ... ... ... B 8

9...................Decision as to age of any child ... ... ... ... ... ... ... ... ... ... B 8

10.............................Passengers to travel in correct compartments of trains ... .... ... ... ... B 8

11. Period of validity of firstjordinary class tickets ... ... ... ... ... 1 ... B 8

12......................Period of validity governing other tickets ... ... ... ... ... ... ... ... B 8

13..................Inspection and sale of tickets ... ... ... ... ... ... ... ... ... ... 89

14.........................Refund of fares and issue of duplicate tickets ... ... ... ... ... ... ... B 9

15......................Insufficient accommodation on trains ... ... ... ... ... ... ... ... B 9

16....................Train services timetables and time ... ... ... ... ... ... ... ... ... B 9

17......................No obligation to adhere to timetables ... ... ... ... ... ... ... ... B 9

19,.......................Suspension, discontinuance of train services ... ... ... ... ... ... ... RIO

19....................Closure of entrances including gates ... ... ... ... ... ... ... ... ... B 10

20..................Cessation of the issue of tickets ... ... ... ... ... ... ... ... ... ... B 10
21..................Closure of entrances or exits ... ... ... ... ... ... ... ... ... ... B 10

22......................Passengers to examine tickets and change ... ... ... ... ... ... ... ... B 11

23.............................Appropriate fare for use in automatic vending machine ... ... ... ... ... B 11
24.............................Number of children allowed to travel free of charge ... ... ... ... ... B 11

25...........................Payment of any fare, excess charge, surcharge etc . ... ... ... ... ... ... B 11

26..................................Loss or damage to articles or objects left on the railway premises ... ... ... B 12

27..............Administration charge ..... ... ... ... ... ... ... ... ... ... ... ... B 12
28. No liability on restoration of articles to apparent owner B 12

29. Sale of unclaimed articles ... ... ... ... ... ... ... ... ... ... ... ... B 12
30. Responsibility of passenger for injury, damage or loss ... ... ... ... ... ... B 12

31. Removal of persons or passengers from the railway premises ... ... ... ... B 13





By-law,...................................... Page

PART 111

CARRIAGE OF
LUGGAGE

32......................Conditions of acceptance of luggage ... ... ... ... ... ... ... ... ... B 13

33......................Soliciting for handling of luggage ... . ... ... ... ... ... B 13

PART IV

CARRIAGE OF GOODS

34......................Conditions of acceptance of goods ... ... ... ... ... ... ... ... ... B 13

35...................Soliciting for handling of goods ... ... ... ... ... ... ... ... ... ... B 13

PART V

MOTOR VEHICLES, MOTORCYCLES, BICYCLES AND SIMILAR
CONVEYANCES

36. Driving and parking of vehicles on railway premises ... ... ... ... ... B 13

37..........................Illegal parking of vehicles on railway premises ... ... ... ... ... ... ... B 14

38......................Impounding and removal charges ... ... ... ... ... ... ... ... ... B 14

39...................Notice of vehicle being detained ... ... ... ... ... ... ... ... ... ... B 14

40..........................Payment of proceeds from sale of vehicles ... ... ... ... ... ... ... B 14

PART VI

AUTHORITY OF THE CORPORATION STAFF

41.................................Powers ofthe Corporation's staff and authorized persons ... ... ... ... B 15

PART VII

CONDUCT OF PERSONS ON THE RAILWAY PREMISES

42..........Definition ..................... ... ... ... ... ... ... ... ... ... B 15

43........................Compliance with notices, indicators etc . ... ... ... ... ... ... ... ... Bis

44.................Entering of trains and lifts ... ... ... ... ... ... ... ... ... B is

45..............................Obeying directions as to occupation of trains and lifts ... ... ... ... ... B 15

46........................Duty to travel on proper part of train ... ... ... ... ... ... . B 15

47............................Improper use of railway appliances and equipment ... ... ... ... ... B 16

48. Opening of doors of train. use of automatic doors, compliance with directions B 16

49......................Infectious or contagious diseases ... ... ... ... ... ... ... ... ... B 17

50. Intoxication, persons of unfit or improper condition, soiled clothing etc. B 17
51. Offensive language, graffiti and vandalism, interference with other persons B 18

52...................................Animals and articles creating a nuisance and removal thereof ... ... ... B 18







53........................Carriage of goods of a dangerous nature ... ... ... ... ... ... ... ... B 18

54...................Smoking upon railway premises ... ... ... ... ... ... ... ... ... ... B 19

55. Singing, dancing and musical instruments ... ... ... .. 1 ... ... ... ... B
19





By-law.......................................... Page

56. Unauthorized display of material, hawking and touting ... ... ... ... ... 819

57. Wagering and bookmaking ...................... ... ... ... ... ... ... ... B 19

58. Playing games for money or moneys worth..... ... ... ... ... ... ... ... B 19

59. Loitering .................................. ... ... ... ... ... ... B 19

60. Throwing of missiles ....................... ... ... ... ... ... ... ... B 19
61. Parking causing obstruction ................ ... ... ... ... ... ... ... ...
B 20

62. Lawful business and parking of conveyances... ... ... ... ... ... ... ... 820

63. Payment of parking fees ...................... ... ... ... ... ... ... ... B 20

64. Spitting and litter .......................... ... ... ... ... ... ... ... ... B 20
65. Queues for services etc. ..................... ... ... ... ... ... ... ... ...
B 20

66. Use of money changing machines ............... ... ... ... ... ... ... B 21
67. Motor vehicles etc. in pedestrian areas....... ... . ... ... ... ... ... ... B 21
68. Compliance with road traffic signs ........... ... ... ... ... ... ... ... 821
69. Dangerous driving and speeding ............... ... ... ... ... ... ... B 21

PART VIII

TRESPASS AND DAMAGE TO RAILWAY
PREMISES

70. Authorized crossing places and conditions of crossing ... ... ... ... ... B 21
71. Unauthorized abstraction of water and pollution etc . ... ... ... . ... B 22
72. Offensive matters, waste products, unauthorized structures ... ... ... ... ... B 22

73. Powers of Corporation to abate trespass .... ... ... ... ... ... ... ... B 22

74. Opening of gates, boundary fences ............ ... ... ... ... ... ... ... B22
75. Compliance with regulations or notices .... ... ... ... ... ... ... ... ... B22

PART IX

RESTRICTED AREAS

76. Definition ................................. ... ... ... ... ... ... ... B 23

77. Gazette notice relating to restricted areas ... ... ... ... ... ... ... ... B 23

78. Demarcation of restricted areas ............ ... ... ... ... ... ... ... B 23
79. Plan showing restricted areas .............. ... ... ... ... ... ... ... B 23

80. Prohibition of persons without permit in restricted areas ... ... ... ... ... B 24
81. Conditions of issue of type of permits B 24

82. Power to refuse issue of permits ... ... ... ... ... ... ... ... ... ... ... B 24
83. Cancellation of permits ... ... ... ... ... ... ... ... ... ... ... ... B 24
84. Notification of cancellation of permits ... ... ... ... ... ... ... ... ... B 25
85. Surrender of permit by employee ... ... ... ... ... ... ... ... ... ... B 25
86. Surrender of permit by employer ... ... ... ... ... ... ... ... ... ... B 25

87. Notification by employer . B 25
88. Cessation of employment of permit holder.... ... ... ... ... ... 1 ... B 25





BY-lait,..................................... Page

89. Exempted persons ....................... ... ... ... ... ... ... ... B 25

90.................Conditions for exemption ... ... ... ... ... ... ... ... ... ... ... B 26

91: Lost permits ........................... ... ... ... ... ... ... ... ... B 26

92. Employer to report lost permits ... ... ... ... ... ... ... ... ... ... ... B
26
93. Persons finding permits ....... ... ... ... ... ... ... ... ... ... B 26

94. Replacement permits ....................... ... ... ... ... ... ... ... B 26

95. Authorized employee's power to arrest ... ... ... ... ... ... ... ... ... B 26
96. Exemption for Government officers ... ... ... ... ... ... .... ... ... B27
97. Power to exempt other classes of person ... ... ... ... ... ... ... ... ... B 27

98........Fees ................................... ... ... ... ... ... ... ... B 27

PART X

GENERAL

99................Special and general lien ... ... ... ... ... ... ... ... ... ... ... B 27

PART X1

LIMITATION OF LIABILITY

100...........................Corporation not liable in certain circumstances ... ... ... .... ... ... B 27
101...........................Payment of sums sufficient to indemnify Corporation ... ... ... ... ... B 29

102..................Limitations and exemptions ... . ... ... ... ... ... ... B 29

PART Xii

JURISDICTION

103....................Proper law to be laws of Hong Kong ... ... ... ... .. ... ... ... B 29

PART XIII

ENFORCEMENT AND PENALTIES

104....................Inspection of identity cards and arrest ... ... ... ... ... ... ... ... B 30

105.........Penalties ......................... ... ... ... ... ... ... ... .. B 30

106......................Preservation of other causes of action ... ... ... ... ... ... ... ... B 30

First Schedule. Permit fees ...................... ... ... ... ... ... ... ... B 30
Second Schedule. Penalties ................. ... ... ... ... ... ... ... ... B 31





KOWLOON-CANTON RAILWAY CORPORATION BY-LAWS

(Cap. 372, section 31(1))

[15 March 1985.1

PART 1

PRELIMINARY

1. These by-laws may be cited as the Kowloon-Canton Railway
Corporation By-laws.

2. In these by-laws, unless the context otherwise requires

---theOrdinance' means the Kowloon-Canton Railway Corporation
Ordinance;

'authorized person' means any person authorized in writing by the
Corporation to act for and on behalf of the Corporation in relation
to any matter set out in the written authorization;

,,automatic gate' means any passenger operated barrier separating the
paid area from the other areas of the railway premises;

'Corporation- means the Kowloon-Canton Railway Corporation
established by section 3 of the Ordinance and includes, unless the
context otherwise requires, servants or employees of the
Corporation;

'fare' means the fare payable by any passenger to whom or on whose
behalf a ticket is issued by the Corporation,

'first class ticket' means a ticket bearing on it the number '1'and
issued at the prevailing first class full single or return fare for the
journey being made or to be made;

'goods' means any object, article or thing including livestock and any
other animal which is accepted by the Corporation for carriage on
the railway by a goods train in accordance with these by-laws;

'goods train' means a train used exclusively for the carriage of goods;

'lift' means any lift or escalator upon the railway premises;

'luggage' means any article or thing (excluding animals) which a
passenger may keep with him on a train including the luggage
compartment thereof in accordance with these by-laws;

'member of the staff' includes any employee or servant of the
Corporation;





'ordinary class ticket' means a ticket bearing on it the number '2' and
issued at the prevailing ordinary full single or return fare for the
journey being made or to be made;

'the paid area' means that part of the railway or the railway premises or
any part thereof as the case may require which

(a)is set aside for the use of fare paying passengers and other
persons authorized to enter thereon; and

(b)is provided with gates, turnstiles or automatic gates for the
purposes of entry and exit;

'passenger' means a person to whom or on whose behalf a ticket is
issued by or on behalf of the Corporation and who is lawfully
within the _paid area during the hours of business of the
Corporation and who holds a valid ticket issued to him or on his
behalf by or on behalf of the Corporation authorizing travel upon
the railway or-some part thereof;

'period return ticket' means a ticket valid for any period stipulated on
the ticket or in notices published by the Corporation;

'platform' means a platform or place appointed for the use of
passengers and situated at a station;

'railway' means the railway as defined in the Ordinance or any part
thereof and includes as the case may require railway line or track or
permanent way or any extension thereto in accordance with the
Ordinance;

'railway premises' means the railway premises and any part thereof as
defined in the Ordinance or as the case may require includes any
other land or premises utilized for the purposes of the Corporation
and without prejudice to the generality of the foregoing includes
the paid area and restricted area as defined in these by-laws;

'season ticket' means a season ticket issued under the provisions of and
pursuant to Part 11 of these by-laws;

',station' means any station of or occupied by the Corporation;

'stored value ticket' means a ticket issued under the provisions of and
pursuant to Part 11 of these by-laws;

'surcharge' means a sum equivalent to a maximum of five times the full
ordinary class single fare between Lo Wu Station and Kowloon
Station as the same is in force from time to time;

'ticket' means any form of ticket, document or permit from time to time
issued by or on behalf of the Corporation for the conveyance of
any passenger, animal, luggage or article upon the railway or any
part thereof,

'ticket office' means an office whether operated for or on behalf of the
Corporation by any person or by any of their respective servants or
agents who are duly authorized to issue a ticket;





---timetable'means 'a publication, advertisement, notice, list or timetable
issued by or on behalf of the Corporation;

'train' means any train or conveyance or any carriage or compartment
thereof or any other vehicle or means of conveyance owned by or
in the lawful possession of the Corporation.

PART 11

CARRIAGE OF PASSENGERS AND ISSUE OF ALL PASSENGER
TICKETS

3. (1) All tickets including season tickets and stored value tickets
issued by or on behalf of the Corporation whether specifically referred
to in these by-laws or not are issued subject to

(a) these by-laws; and

(b)any special conditions stated or referred to on such tickets or
any special conditions otherwise contained or referred to in
any other publications, notices, lists or tables relating to such
tickets and such special conditions if inconsistent with these
by-laws shall prevail.

(2) The person to whom or on whose behalf such tickets are issued
shall be deemed to have knowledge of and to have agreed to all these
by-laws and any special conditions and the liability of the Corporation
(if any) shall be limited but not extended thereby.

4. Scales of fares appearing in publications, notices, lists or tables
issued by or on behalf of the Corporation on the authority of the
Corporation from time to time shall be deemed to be the authorized fares
payable to the Corporation for a journey made or to be made upon the
railway or any part thereof.

5. The Corporation or any authorized person may refuse access to
any part of the railway or the railway premises including the paid area to
any person holding a ticket whom it or they believe is likely to act in a
riotous, disorderly or offensive manner.

6. (1) No person shall without the authority of a member of
the staff or an authorized person enter or leave or attempt to enter or
leave the paid area or shall otherwise travel or attempt to travel
upon any part of the railway without first paying the fare and
obtaining a ticket and using that ticket (as appropriate) by either
inserting it in to an automatic gate on entering or leaving the paid
area or otherwise producing it and thereafter delivering it up to an
authorized person or a member of the staff.

(2) Every passenger shall leave the paid area of the railway within 2
hours from entering the same or any other period as may be prescribed
and published by the Corporation failing which the ticket shall be
invalid notwithstanding any stored value remaining in such ticket.





7. (1) If a person travels or attempts to travel upon any part of the
railway

(a) without a ticket; or
(b) having lost his ticket; or
(c) with a ticket that is invalid; or

(d)with a ticket improperly defaced, damaged, mutilated, torn,
split or otherwise interfered with so that the printed or coded
data thereon is wholly or partly erased or cannot be
deciphered or which is otherwise altered or interfered with; or

(e)in a first class carriage whilst holding an ordinary class ticket;
or

to a station for which the ticket is invalid,

then and in any of the above events he shall be liable to pay a
surcharge.

(2) The provisions of this by-law shall apply equally to passengers
occupying seats or standing including those in corridors or gangways.

8. When a surcharge is payable in respect of any child aged under
12 years only a sum equivalent to one half of the surcharge by an adult
passenger shall be liable to be paid.

9. The decision as to the age of any child referred to in these by-
laws shall be in the absolute discretion of any member of the staff or
authorized person dealing with tickets or passengers and shall be final
and binding for all purposes without liability of whatever nature for any
loss or damage (including consequential and nonpecuniary loss)
howsoever arising from such decision.

10. A passenger must ensure that he joins the correct train on
which he intends to travel and that he travels in the carriage or
compartment for which his ticket is valid for travel and that he alights at
the station to which the appropriate fare has been paid.

11. An ordinary class single ticket or first class single ticket and an
ordinary class return ticket or first class return ticket (save as otherwise
provided in these by-laws) is valid for travel only upon the day on
which such ticket is issued.

1 12. The period of validity and the special conditions governing
any ticket other than an ordinary class single or return ticket shall be
those printed upon the ticket or when no period of validity or special
conditions are printed upon the ticket such period of validity and
special conditions as are set out in the publications, notices, lists or
tables issued by or on behalf of the Corporation from time to time.





13. (1) All tickets are the property of the Corporation and must be
produced at any time within the railway premises including the paid area
or on any train on demand by a member of the staff or an authorized
person.

(2) All tickets issued by or on behalf of the Corporation shall be
delivered up to the Corporation if the period of their validity has expired
by effluxion of time whether or not any stored value remains in such
ticket.

(3) A passenger who fails to produce his ticket for any reason
shall be liable to pay a surcharge.

(4) No person other than a person specifically authorized by or on
behalf of the Corporation to do so shall sell, attempt to sell, offer for
sale, or invite other persons to purchase any ticket issued by or on
behalf of the Corporation.

14. (1) Any exchange of or refund on any ticket shall be at the
absolute discretion of the Corporation and may be subject to the
deduction of an administration charge prescribed and published by the
Corporation from time to time and a maximum refund prescribed and
published by the Corporation from time to time.

(2) The form of any refund will be at the absolute discretion of the
Corporation.

1 (3) The Corporation shall not be obliged to issue a duplicate ticket in
replacement of a lost or mislaid or unused ticket neither will it make
refunds in respect of the value of any such ticket or the amount of a fare
or a surcharge charged as a consequence of failure to produce a ticket
when required.

15. (1) The Corporation shall not be liable for any failure to carry a
passenger on any particular train or in any particular class of a
compartment or carriage thereof where there is insufficient
accommodation of a class for which a ticket has been issued.

(2) Where there is insufficient first class accommodation on any
train for which a ticket has been issued a passenger holding a first class
ticket may travel in ordinary class accommodation without the right to
claim a refund of the appropriate difference in fare.

16. (1) The train services specified by timetables issued by or on
behalf of the Corporation are subject to alteration, suspension or
withdrawal at any time without notice.

(2) The timetables issued by the Corporation shall follow Hong
Kong local time and refer to time by the 24 hour clock notation.

17. The Corporation does not warrant or guarantee that any train
shall depart or arrive at the time or times specified in published
timetables or that the issue of a ticket can or will be completed





before the departure of any train and it will not be liable to any
person or passenger or third party for any loss or damage (including
consequential and non-pecuniary loss) howsoever arising from any
delay or detention caused by the alteration, suspension or with-
drawal of the Corporation's train services for any reason whatso-
ever.

18. (1) The Corporation may whenever it considers in its
absolute discretion expedient without being liable for any loss,
including consequential and non-pecuniary loss, or any other dam-
age howsoever arising from any delay or detention occasioned
thereby-
(a)suspend or discontinue the issue of tickets whether issued
from a ticket office or by way of an automatic vending
machine or further or otherwise;
(b)despatch any train from a station before the arrival of any
other train shown in any timetable without affording the
passengers an opportunity of alighting or boarding the
train;

(c)suspend, discontinue or otherwise withdraw all or any
railway passenger or other service from any station on any
day or suspend, discontinue or otherwise withdraw the
running of any train or alter the times of departure or
arrival of any such train.
(2) Reasonable consideration will, however, be given in the
absolute discretion of the Corporation to applications for refund in
accordance with by-law 14 where a ticket is unused as a consequence
of the circumstances described in this by-law or in the absolute
discretion of the Corporation such ticket may be made available for
exchange.

19. Unless otherwise determined by the Corporation in its
absolute discretion the entrances including gates and automatic
gates to each of the stations operated by the Corporation will
normally be closed 5 minutes before the departure of the last
passenger train of the day shown in the timetable as being due to
depart from that particular station.

20. Without prejudice to any other provisions in this Part the
Corporation may in its absolute discretion cease to issue tickets at
such time before the departure time shown in the timetable of any
train as in the opinion of the Corporation is necessary to secure
the punctual departure of any train or for any other reason or
circumstance without liability whatsoever for any loss or damage
(including consequential and non-pecuniary loss) howsoever
arising therefrom.

21. The Corporation may close any entrance to or exit from
any station or platform or any other part of the railway premises at
such time or times as it may in its absolute discretion consider





expedient without liability whatsoever for any loss or damage
(including consequential and non-pecuniary loss) howsoever arising
therefrom.

22. (1) A passenger shall examine his ticket and any change
tendered before leaving any ticket office.

(2) The Corporation shall not be liable for any error, mistake,
mis-statement or omission to which attention is not called by the
passenger at the time of the booking, reservation *or issue of any,
ticket.

(3) No passenger shall be entitled to make a claim in respect of
a ticket incorrectly issued or any change incorrectly tendered after he
has left any ticket office of the Corporation.
(4) The Corporation shall not be liable in any way whatsoever
for any error, mistake or omission or for any other error, mistake,
mis-statement or omission in any matter arising from the issue or
failure or omission to issue any ticket on the part of the Corpora-
tion.

23. A passenger using an automatic ticket vending machine
shall insert not less than the appropriate fare in legal tender for the
purchase of a ticket and shall forthwith examine any ticket thus
issued and no passenger shall be entitled to any refund of any
amount in excess of the appropriate fare inserted into an automatic
ticket vending machine.

24. (1) Except when otherwise specified in the appropriate
publications, notices, lists or tables issued by or on behalf of the
Corporation up to two children under 3 years of age may accom-
pany each adult passenger free of charge provided that such child or
children do not occupy a seat or seats that are required for other
passengers.
(2) Any child or children under 3 years of age exceeding two in
number accompanying each adult passenger shall be liable to pay a
fare equivalent to one half of the appropriate adult fare.

(3) Any child or children over 3 years of age but under 12
years of age shall pay one half of the appropriate adult fare whether
or not such child or children occupy a seat each.

25. (1) Save as provided under by-law 6, 'no passenger or
person shall before leaving the paid area fail forthwith to pay any
fare, excess charge, surcharge or any other sum leviable or payable
under these by-laws.
(2) Any such sum so leviable or payable under these by-laws
or howsoever otherwise payable whether by way of debt, damages,
costs, loss or expense or otherwise as the case may be shall be
recoverable by the Corporation or its lawful agents as the case may
be as a debt due on demand and shall be recoverable and enforceable
as a civil debt.





26. The Corporation shall not be liable for loss or damage, including
consequential and non-pecuniary loss, howsoever arising from any
damage to, or delay of, or detention of, or loss of articles or objects left
on the railway premises or any part thereof including trains belonging to
the Corporation and all articles or objects so found therein shall as
between the finder and the Corporation be deemed to be in the
possession of the Corporation and shall be given immediately into the
custody of any member of the staff or an authorized person.

27. An administration charge will be made in the absolute discretion
of the Corporation upon the restoration of any lost article or object to
the true owner dependent upon

(a) the type of article or object concerned; and

(b) the period it is held by the Corporation before it is claimed.

28. The Corporation shall not be liable to the true owner for loss or
damage including consequential and non-pecuniary loss, howsoever
arising from any damage to or misdelivery, delay, detention or loss of
any article or object arising from the claim of or restoration to the
apparent owner of such article or object.

-29. (1) All articles or objects found which have not been claimed
by the true owner within one month after being so found will be deemed
to have been abandoned by the true owner and may be sold or
otherwise disposed of by or on behalf of the Corporation in any manner
and at any price as the Corporation in its absolute discretion may
determine and the proceeds of any such sale or disposal shall be
retained by the Corporation for its absolute use and benefit:

Provided that any article or object which the Corporation considers
to be of a perishable nature may be sold or disposed of at an earlier date.

(2) In respect of any article or object found by a person not being a
member of the staff or an authorized person the finder may, in the
absolute discretion of the Corporation, receive the payment of an
amount to be determined by the Corporation in its absolute discretion
following the sale of such article or object.

30. A passenger shall be responsible for any injury, damage or loss
caused to the property of the Corporation or to any member of the staff
or to any authorized person and further shall be responsible for any
injury, damage or loss caused to any other person or the property of any
other person or body by any article or animal brought on to the railway
premises including trains of the Corporation and shall indemnify the
Corporation from and against any liability to any other person for all or
any injury, damage, loss, including consequential and non-pecuniary
loss, cost or expense howsoever caused thereby:





Provided that this by-law shall not apply in circumstances where
the damage or loss to the property or persons referred to herein arises
entirely from the neglect or default of any member of staff or authorized
person.

31. Any passenger or person who offends against or is in any other
manner in breach or contravention of these by-laws or any of them or
who as the case may be howsoever fails or omits to comply with these
by-laws when required to do so by any member of the staff or by an
authorized person may be forthwith removed from the railway premises
including any train belonging to the Corporation without prejudice to
any penalty prescribed or referred to in these by-laws for the
contravention of any such by-laws.

PART III

CARRIAGE OF LUGGAGE

32. The Corporation shall accept luggage for carriage on the
railway subject to these by-laws and the conditions of carriage of
luggage set out from time to time in notices published by the
Corporation which if inconsistent with these by-laws shall prevail.

33. No person other than a person licensed by the Corporation to
do so shall solicit for engagement in or for the handling or moving or
transport of any luggage or any item thereof for reward.

PARTIV

CARRIAGE OF GOODS

34. The Corporation shall accept goods for carriage on the railway
by goods train subject to these by-laws and the conditions of carriage
of goods set out from time to time in notices published by the
Corporation which if inconsistent with these by-laws shall prevail.

35. No person other than a person licensed by the Corporation to
do so shall solicit for engagement in or for the handling or moving or
transport of any goods or item thereof for reward.

PART V

MOTOR VEHICLES, MOTORCYCLES, BICYCLES AND SIMILAR CONVEYANCES

36. Except as permitted by the Corporation no person shall drive or
leave parked any motor vehicle, motorcycle, bicycle or similar
conveyance upon or permit the same to wait upon the railway premises
or any part thereof.





37. If any vehicle or conveyance is found illegally parked or
left on the railway premises or any part thereof unattended and the
driver, owner or person in charge cannot be located, or the vehicle or
conveyance is unable to be removed or if the driver or person in
charge of the vehicle or conveyance refuses to remove the same on
being requested to do so by any member of the staff or an authorized
person, the vehicle or conveyance is liable to be forthwith im-
pounded or removed by or on behalf of the Corporation.

38. Any vehicle or conveyance so impounded or removed may
be detained by or on behalf of the Corporation until payment has
been made to the Corporation of such impounding charge or
removal charge or storage charge, duty or impost as may be
determined by the Corporation in its absolute discretion.

39. If a vehicle or conveyance so detained is not claimed and
removed and all impounding, removal or storage charges or other
charges are not paid within 3 days after its detention, the Corpora-
tion shall where practicable except in case of emergency serve on the
registered owner (as defined in section 2 of the Road Traffic
Ordinance) of the vehicle or conveyance a notice in writing served by
pre-paid post to the registered owner's last known address and
copied to the Transport Department of the Government notifying
the registered owner-
(a)of the detention of the vehicle or conveyance and its place
of detention; and
(b)that unless it is removed from its place of detention and
payment of any charge payable under by-law 38 is made
within 14 days after the date of service of the notice upon
the registered owner the vehicle or conveyance shall vest in
and become the absolute and beneficial property of the
Corporation free from all or any rights of the registered
owner or any other person and may be disposed of by the
Corporation by sale or otherwise as the Corporation shall
in its absolute discretion determine.

40. If within a period of 6 months after the date upon which a
vehicle or conveyance is sold or otherwise disposed of pursuant to
this Part any person satisfies the Corporation upon the production
of such documentary or other evidence of ownership as the Corpora-
tion shall in its absolute discretion consider satisfactory or otherwise
sufficient that at the time the vehicle or conveyance became the
property of the Corporation by virtue of this Part the person was the
true beneficial owner of it the Corporation shall pay to such person
the balance of the proceeds of sale or disposal (without interest
thereon) after deduction of-
(a) any charges or other sums payable under by-law 38; and
(b)any other charges incurred by the Corporation in respect
of the sale or disposal of the vehicle or conveyance:
Provided that-





(i) before any such payment is made by the Corporation the payee
shall execute an indemnity in favour of the Corporation in such
form as the Corporation may in its absolute discretion
determine; and

(ii payment by the Corporation as referred to herein shall relieve the
Corporation of all or any claims of any description in respect
thereof.

PART VI

AUTHORITY OF THE CORPORATION STAFF

41. No member of the staff or any authorized person shall have any
actual or apparent authority to waive, amend or otherwise alter any of
these by-laws or conditions made hereunder or the by-laws or
conditions of any other person or body, or to extend or vary all or any
liability which may devolve on the Corporation under these by-laws or
further or otherwise.

PART VII

CONDUCT OF PERSONS ON THE RAILWAY PREMISES

42. In this Part 'person' includes passenger.

43. No person whilst on the railway premises including the paid
area or any part thereof and including any train compartment or carriage
shall without reasonable excuse fail to comply with all or any
publications, lists, notices, indicators or any other directions
whatsoever intended for the compliance of any person or any
instructions of any member of the staff or authorized person.

44. No person shall enter or attempt to enter any train or lift
through any door thereof until all persons who are leaving or are on the
way to leave such train or lift through such door shall have passed out
of such door.

45. When a member of the staff or authorized person determines (in
his absolute discretion) that a train or lift contains the full number of
persons which it is constructed to carry no additional person shall enter
or remain therein if directed by any member of the staff or any
authorized person not to do so.

46. No person (except a duly authorized member ofthe staff or an
authorized person) shall enter or mount or attempt to enter or mount on
any train except on such parts as are provided for the carriage of
passengers.





47. No person except a member of the staff or an authorized person
shall

(a)operate, move, or work any mechanical or electrical appliance
upon the railway premises or operate, move or work any
switch, lever or other device operating or controlling any
mechanical or electrical appliance upon the railway premises
(except in relation to the proper use of any automatic gate) or
tamper with or wilfully impede or interfere with the operation
of any mechanical or electrical appliance:

Provided that in cases of accident or other emergency, a
person may operate, move, or work any switch, lever or other
device or mechanical or electrical appliance upon or near
which is displayed a notice that it is intended to be operated
in cases of accident or other emergency;

(b)open or attempt to open any gate or door of any lift-shaft or
any lift or escalator or moving platform or other mechanical or
electrical appliance (except in relation to the proper use of
any automatic gate) or unfasten or tamper with or wilfully
impede or interfere with the operation of any fastening or
fitting in or upon any such gate or door;

(c)enter or leave or attempt to enter or leave any lift (not being an
escalator or moving platform) whilst it is in motion or
otherwise than at the side appointed for persons to enter or
leave the same;

(d)ascend or descend, or attempt to ascend or descend, by
means of any escalator except by standing on the stairway
thereof provided for ascending or descending persons as the
case may be;

(e)travel, or attempt to travel, upon any escalator or moving
platform in a direction other than the direction in which the
same is moving, or sit upon any moving platform or any
handrail or any part thereof,

open or attempt to open, any gate leading to or from a
platform at a station upon the railway premises without
authority to do so.

48. No person, except a member of the staff or an authorized person
shall

(a)open the door, or stand or attempt to stand on the step,
platform or foot-board of any train whilst it is in motion or
(except in case of accident or other emergency) between
stations;

(b)enter or leave or attempt to enter or leave any such train
whilst it is in motion or (except in case of accident or other
emergency) between stations or otherwise than at the side





of the train adjoining the platform appointed for passengers
to enter or leave the train;

(e)in the case of any train equipped with automatic closing
doors attempt to enter or leave the train after the doors have
commenced to close;

(d)when directed by a member of the staff or an authorized
person or where notices are exhibited in a train indicating that
a door shall be used for entrance thereto and another door for
exit therefrom (except in case of accident or other emergency)
enter or attempt to enter by the door indicated for exit or leave
or attempt to leave by the door indicated for entry.

49. (1) Except by permission in writing granted by or on behalf of
the Corporation no person suffering from any infectious or contagious
disease or disorder shall enter or remain and no other person having the
custody, charge or care of any such person shall cause or permit such
person to enter or remain upon the railway premises; and the
Corporation may refuse to receive or carry any such person or his
luggage or goods or to permit any such person or his luggage or goods
to enter, remain, or be upon the railway premises or to travel on the
railway.

(2) Any person suffering as aforesaid and any other person having
the custody, charge or care of any such person may be removed from
the railway premises by or under the direction of a member of the staff
or an authorized person and shall be liable to and shall indemnify the
Corporation from and against the cost of disinfecting the railway
premises including any train or lift in which such person shall have been
and to make good any other damage to the property of the Corporation
through the contravention of this by-law without prejudice to any
penalty or liability incurred by such contravention.

50. No person in a state of intoxication or who is in an unfit or
improper condition shall enter or remain upon the railway premises or
any part thereof, and no person whose dress or clothing is in a
condition liable to soil or injure the linings or cushions of any carriage,
or the dress or clothing of any person in or upon the railway premises
shall enter any train or lift or other railway premises:

Provided that no person shall contravene this by-law and be
prevented from entering or remaining in or In any train or lift under
the provisions of this by-law on the ground of the he condition of his
dress or clothing when he so enters or remains in or on any train or
lift or other railway premises with the permission of a member of the
staff or an authorized person or when a train or any compartment or
carriage thereof is specially provided for or set apart for workmen.





51. (1) No person shall at any time while upon the railway premises

(a)use any threatening, abusive, obscene or offensive language,
or behave in a riotous, disorderly, indecent or offensive
manner; or

(b)paint, write, draw or affix any word, representation or
character upon, or wilfully soil or defile, the railway premises
or break, cut, scratch, tear, deface, or otherwise damage any
part of the railway premises including any lift or train or any of
the fittings, furniture, decorations, or equipment thereof, or
any publication, notice, list, timetable, advertisement, number
plate, number, figure or letter therein or thereupon, or remove
therefrom or detach any such article or object; or

(c) damage any property upon the railway premises; or

(d)molest or wilfully interfere with the comfort or convenience of
any person.

(2) Any person offending against this by-law shall be liable to the
Corporation for the amount of the damage done to any property of the
Corporation or of any other person without prejudice to any penalty
incurred by the contravention of this by-law.

52. (1) No person shall take or cause to be taken on to, or cause or
allow to remain upon the railway premises unless authorized by a
member of the staff or an authorized person to do so

(a) any animal;

(b)any article or object which by reason of its nature is, in the
opinion of any member of the staff or authorized person, likely
to cause or in fact does cause annoyance or damage to any
person or damage to any property.

(2) If any person in charge of such animal, article or object fails
when requested by a member of the staff or an authorized person
immediately to remove the same from the railway premises then the same
may be removed therefrom by or under the direction of such a member
of the staff or an authorized person without prejudice to any penalty
incurred by the contravention of this by-law.

53. (1) No person shall take or cause to be taken upon or place or
cause to be placed upon the railway premises including any train or,
while upon the same, have in his possession or charge, as the case may
be. any dangerous goods as defined by section 2 of the Dangerous
Goods Ordinance, or any goods which may be declared dangerous or
offensive by regulations made under section 30 of the Ordinance or by-
laws made under section 31 of the Ordinance.

(2) If any person offending against this by-law fails to remove from
the railway premises, immediately upon request by a member





of the staff or authorized person, any article or object to which this by-
law relates the same may be removed therefrom by or under the
direction of a member of the staff or authorized person without
prejudice to any penalty incurred by the contravention of this by-law.

54. No person shall smoke or carry a lighted pipe, cigar or
cigarette in any lift or train or elsewhere upon the railway premises
where smoking is expressly prohibited by a notice clearly exhibited in
such lift or train or upon or near such other part of the railway premises;
and if requested by a member of the staff or authorized person not to do
so shall not smoke or carry a lighted pipe, cigar or cigarette in or upon
any part of the railway premises where smoking or carrying a lighted
pipe, cigar or cigarette may in the absolute discretion of a member of the
staff or authorized person be or become a danger or nuisance to other
persons.

55. No person while upon the railway premises shall to the
annoyance, inconvenience or disturbance of any other person, sing,
dance or perform on any musical or other instrument or use any
gramophone, record player, tape recorder or portable wireless,
television or any electrical or mechanical apparatus.

56. No person while upon the railway premises shall, except by
permission of a member of the staff or an authorized person

(a)display or exhibit any printed, written or pictorial matter or
any article for the purpose of advertisement or publicity, or
distribute any book, leaflet or other printed matter or any
sample or other article;

(b)invite persons to purchase or offer for sale or sell any article
or goods whatsoever; or

(c)tout, ply for, or solicit alms, reward or custom or employment
of any description.

57. No person shall enter or remain upon or use the railway
premises for the purpose of gaming, bookmaking, betting or wagering or
agreeing to game, bet or wager or paying or receiving or settling bets
with any other person.

58. No person shall play for money or moneys worth at any game
or pretended game of chance or skill upon the railway premises.

59. No person shall loiter or otherwise remain upon the railway
premises after having been requested by a member of the staff or
authorized person to depart unless such person is lawfully entitled so
to remain.

60. No person shall throw or wilfully drop on or from any lift or
train or any conveyance on the railway premises any article or object
whatsoever.





61. No person, driver, conductor, or person in charge of any
public service vehicle, motor vehicle, cab, carriage, wagon, bicycle or
other conveyance in or upon the railway premises shall leave any
such conveyance in or upon the railway premises-

(a)in any manner or place so as to cause an obstruction or
hindrance to the Corporation or to persons using the
railway; or

(b)otherwise than in accordance with any reasonable direc-
tion of a member of the staff or authorized person; or

(c) where parking or waiting is prohibited.

62. (1) No person shall leave or place any conveyance in or
upon the railway premises (otherwise than in a car park or other
place expressly authorized by the Corporation) for a period longer
than necessary for such person to transact any lawful business upon
the railway premises at or adjacent to the place at which such
conveyance has been left or placed.

(2) Any conveyance so left or placed in breach of this by-law
may be removed by or under the direction of a member of the staff
or authorized person, and the cost thereof shall be paid to the
Corporation by the said person, driver, conductor or person in
charge of the conveyance without prejudice to any penalty incurred
by the contravention of this by-law.

63. No person in charge of any public service vehicle, motor
vehicle, cab, carriage, wagon, bicycle or other conveyance which is
parked at a place on the railway premises for the use of which
parking or other charges are levied by the Corporation shall remove
or attempt to remove with intent to evade payment thereof such
conveyance from such place without having previously paid the
appropriate charge or charges:

Provided that no person shall be subject to any penalty under
this by-law unless it is proved to the satisfaction of the court or a
magistrate before whom complaint is laid that a notice was clearly
exhibited at that place specifying the charges payable for parking
thereat.

64. No person shall-

(a)spit upon the floor or in, upon or against any part of any
lift or train or upon any platform or any other area at any
station or in, upon or against any office, waiting room,
public room, or public passage at any station or other part
of the railway premises; or

(b)place or throw any litter upon the railway premises except
into receptacles expressly provided for that purpose.

65. The Corporation may establish queues on the railway
premises for the purpose of regulating the access to services. and





facilities provided on or in the vicinity of the railway premises, and
every person desirous of availing himself of any such service or facility
shall, upon notice or request by any member of the staff or authorized
person, take up position in the rear of one of such queues and move
forward in an orderly and regular manner, and obey the reasonable
instructions of any member of the staff or authorized person regulating
such queues.

66. No person shall by means of any machine provided by the
Corporation upon the railway premises change or procure to be
changed any coin or any currency note otherwise than for the purpose
of obtaining immediately a ticket from the Corporation or from any
member of the staff or authorized person at the station where such
machine is provided.

67. No person other than a member of the staff or authorized person
or except as authorized by a member of the staff or authorized person
shall ride a motor vehicle, motorcycle, bicycle or other similar machine or
conveyance or bring any handcart barrow, trolley or similar conveyance
on any part of the railway premises which is made or set apart for the
use or accommodation of pedestrians only:

Provided that no person shall be subject to any penalty under this
by-law unless it is proved to the satisfaction of the court or a magistrate
before whom the complaint is laid that at the time at which any offence
under this by-law is alleged to have been committed a public notice was
clearly exhibited at the pedestrian area in respect of which the complaint
is made showing that such area has been set apart for the use or
accommodation of pedestrians only.

68. The driver of any public service vehicle, motor vehicle, cab,
carriage, wagon, bicycle or other similar conveyance which is on the
railway premises or any part thereof shall obey all directions of any
member of the staff or authorized person and shall comply with any
notices, indicators, signs or signals exhibited as to the regulation of
such vehicles.

69. No person shall drive or otherwise conduct any vehicle or
conveyance or ride any vehicle or conveyance on the railway premises
in a manner dangerous or likely to be dangerous to others or (as may be
appropriate) in excess of a speed indicated by any notice, indicator, sign
or signal or by a member of the staff or authorized person.

PART VIII

TRESPASS AND DAMAGE TO RAILWAY
PREMISES

70. The Corporation may by notice stipulate periods or times at
which a crossing place for animals, persons, motor vehicles,
motorcycles, bicycles or other conveyances may be used over the





railway premises or any part thereof and the conditions upon which
such crossing place may be used.

71. No person shall take or use or permit or cause to be taken or
used or otherwise abstract, bathe in or pollute the water or contents of
any reservoir, tank, duct or water or other container belonging to the
Corporation or otherwise forming part of or being upon the railway
premises or any part thereof.

72. No person shall cause permit or suffer-

(a)any sewage, drainage, night soil, sullage, or other offensive
matter to flow or to be emptied or otherwise come onto or be
upon the railway premises or any part thereof,

(b)any waste products, waste material or food or refuse of any
kind to be deposited on or otherwise come upon the railway
premises;

(c)any kind of building or structure to be constructed or erected
upon or remain upon the railway premises without the written
authority of the Corporation;

(d)any kind of construction materials, construction plant or
equipment to be deposited on or otherwise come upon and
remain upon or pass across the railway premises except with
the written authority of the Corporation;

(e)any kite, balloon, model or other thing to fly or otherwise pass
over any part of the airspace above the railway premises or
any part thereof.

73. The Corporation may in its absolute discretion take any action it
considers necessary to prevent any person acting in breach of by-law 72
including the removal by the Corporation or under the direction of the
Corporation of any unauthorized building or structure erected by any
person without liability to any such person for compensation in respect
thereof; and the Corporation's power of removal of unauthorized
buildings or structures (whether by the Corporation or under the
direction of the Corporation) may be exercised by the Corporation in
respect of any unauthorized buildings or structures constructed or
erected upon the railway premises prior to the coming into operation of
this by-law.

74. No person shall open, cause or attempt to open or otherwise
tamper with, any gate, door, chain, wall, fence, barrier or other erection
which has been constructed or otherwise set up on either side of or
upon the boundaries or limits of the railway premises or any part thereof.

75. No person shall pass or attempt to bring, pass, drive or conduct
any motor vehicle, bicycle, motorcycle or other similar conveyance or
any handcart, barrow, trolley or similar conveyance





or any thing including animals across the railway premises or any
part thereof at any time except in accordance with regulations made
under section 30 of the Ordinance or by notice published by or on
behalf of the Corporation under this by-law nor shall any such
person omit to shut or refasten any gate, door, chain or barrier as
soon as he and any conveyance animal or other thing has passed
through the same.

PART IX

RESTRICTED AREAS

76. In this Part, unless the context otherwise requires-

'authorized employee'. means an employee of the Corporation or other
person authorized in writing by the Corporation for the purposes
of any by-law in this Part;

'permit' means any permit issued under this Part;

'permit holder' means

(a)in relation to a pool permit, the authorized employee to whom
the permit is issued and includes any person using a pool
permit by authority of such authorized employee; and

(b)in relation to a standard permit, the person in whose name the
permit is issued;

'pool permit' means a permit issued to an authorized employee under
by-law 81;

'restricted area' means an area declared under by-law 77 to be a
restricted area;

',standard permit- means a permit issued to a person other than an
authorized employee under by-law 81.

77. (1) The Corporation may, by notice published in the Gazette,
declare any area within the railway premises including the paid area to
be a restricted area.

(2) A declaration under paragraph (1) may declare any area to be
restricted either absolutely or on specified days or during specified
hours in any day.

78. The Corporation shall cause the boundaries of or entrances to
every restricted area to be demarcated by signs or in such other manner
as will reasonably indicate the restricted area to members of the public
who might enter that area.

79. (1) The Managing Directent may prepare and certify a plan
delineating the area and boundaries of any restricted area and shall from
time to time prepare and certify a new plan in substitution





therefor and may from time to time endorse on such plan or substituted
plan any amendment thereto and shall certify such endorsement.



(2) The Managing Director shall certify any plan or amendments thereto under
paragraph (1) by endorsing the certificate on the plan.

(3) Every plan certified under this by-law shall be kept in the head
office of the Corporation and a copy shall be available for public
inspection at the Station Manager's office at the Kowloon Station.

80. Subject to the provisions of this Part no person shall enter or
remain in a restricted area unless he has on his person a valid permit
issued to him in respect of that area.

81. Subject to by-law 82 the Corporation may issue-

(a)a pool permit to any authorized employee free of charge; and

(b)a standard permit to any other person on an application being
made therefor in accordance with conditions specified from
time to time by the Corporation and on payment of the
prescribed fee set out in the First Schedule,

and the pool permit or standard permit, whichever is appropriate, shall
be in such form and be issued subject to such conditions as may be
specified by the Corporation from time to time.

82. The Corporation may refuse to issue a permit if it appears to it
that the person requiring the permit or for whom it is required

(a)is, for any reason related to or connected with the security of
the railway, not a fit person to have access to a restricted area;
or

(b)has no valid or sufficient reason for having access to a
restricted area.

83. The Corporation-

(a)shall cancel a permit if it appears to it that the permit holder

(i) is, for any reason related to or connected with the security
of the railway, not a fit person to have access to a restricted
area; or

(ii) has no valid or sufficient reason for having access to a
restricted area, and

(b) may cancel a permit-

(i) on the ground that any condition subject to which it was
issued has been contravened; or





(ii) on the ground that the permit holder or his employer has
contravened any of these by-laws; or

(iii) in any case where it is satisfied that the permit has been
lost, destroyed or defaced.

84. When a permit is cancelled under by-law 83 the Corporation
shall notify the permit holder and, if the Corporation thinks fit, the
employer (if any) of the permit holder accordingly.

85. A permit holder, upon receipt of a notice under by-law 84 shall,
save where the notice relates to a permit which has been, lost or
destroyed, forthwith surrender his permit to

(a) the Corporation; or

(b)an authorized employee specified in the notice for the
purpose; or

(c)the employer of the permit holder if specified in the notice for
the purpose.

86. An employer to whom a permit has been surrendered by virtue
of a notice under by-law 84 shall forthwith surrender -that permit to the
Corporation or an authorized employee specified in the notice.

87. The employer of a permit holder shall, if the nature of the
employment of the permit holder no longer requires that he has access
to any restricted area specified in his permit, or if the permit holder
ceases to be employed by him, without delay

(a) inform the Corporation accordingly;

(b) take possession of the permit from the permit holder; and

(c) surrender the permit to the Corporation.

88. A permit holder who ceases to be employed by the person who
was his employer at the date of the issue of the permit shall,
immediately upon the cessation of his employrnent, surrender his
permit to that person.

89. Subject to by-law 90, the provisions of by-law 80 shall not
apply to

(a)any bona fide train crew member or bona fide train
passenger who is in the course of passage through any
immigration control or train boarding area or in an area set
aside for the purposes of the Customs and Excise Service of
the Government, which is within a restricted area

(i) having disembarked from a train; or

(ii) for the purpose of embarking upon a train of which he is
a train crew member or train passenger;





(b)any bona fide train passenger awaiting an outward train
journey in any area reserved for passengers which is within a
restricted area.

90. No person shall be exempt from the provisions of by-law 80 by
virtue of by-law 89 unless

(a)being a train crew member, he is in possession of a valid
railway personnel pass issued pursuant to an agreement
between the Corporation and the Guangzhou Railway
Administration;

(b)being a departing passenger, he is in possession of a valid
travel document and a valid ticket;

(c)being an arriving passenger, he is in possession of a valid
travel document and the train from which he has disembarked
or upon which he is embarking or awaiting, is a through train
travelling from or to the People's Republic of China.

91. If a permit has been lost the permit holder shall, without delay,
report the loss and the circumstances thereof to

(a)his employer (if any) or, where the permit holder has no
employer or is himself an employer, to the Corporation or an
authorized employee; and

(b) the officer in charge of the police station nearest the place 1
where the permit holder ordinarily resides.

92. Where a report has been received by an employer as to the loss
of a permit and the circumstances thereof he shall, without delay, report
such loss and the circumstances thereof to the Corporation.

93. Any person who finds a permit shall, without unreasonable
delay, deliver it to the Corporation or any authorized employee or to the
officer in charge of any police station.

94. Where a permit has been lost, destroyed or defaced, application
may be made to the Corporation by the person to whom the permit had
been issued or the employer of that person for the issue of a
replacement permit and the Corporation upon being satisfied as to such
loss, destruction or defacement, may, upon payment of the prescribed
fee set out in the First Schedule in the case of an applicant who is not an
authorized employee, issue to the permit holder a replacement permit in
substitution for the permit which has been lost, destroyed or defaced.

95. An authorized employee, not being a police officer, may, if he
has reasonable grounds for believing that any person has contravened
by-law 80, without warrant, arrest that person and forthwith take him to a
police station there to be dealt with in accordance with the Police Force
Ordinance.





96. By-law 80 shall not apply to a police officer, an immigration
officer or immigration assistant, an officer of the Fire Services
Department, a member of Her Majesty's Forces, a member of the
Customs and Excise Service within the meaning of the Customs and
Excise Service Ordinance, the Commissioner, the Deputy Commissioner
or an officer of the Independent Commission Against Corruption who
requires access to the railway premises or any part thereof for the
performance of his duty in circumstances of such urgency that the
performance of his duty might be frustrated or seriously impaired if such
by-law was to apply to him.

97. The Corporation may, by notice in writing and subject to such
conditions as it may impose, exempt any person or class of person from
all or any of the requirements for entry into a restricted area.

98. The fees prescribed under these by-laws are set out in the First
Schedule.

PART X

GENERAL

99. (1) Without prejudice to the generality of any of these by-laws
the Corporation shall have a special lien on all motor vehicles,
motorcycles, bicycles or any similar conveyance or on luggage, goods
or articles howsoever brought by any person upon the railway premises
including any train of the Corporation and shall also have a general lien
against the owner of any such motor vehicles, motorcycles, bicycles or
similar conveyances or luggage, goods or articles for any sum of money
howsoever due on any account from such person or owner to the
Corporation.

(2) If any lien is not satisfied within a reasonable time the
Corporation may in its absolute discretion sell the motor vehicles,
motorcycles, bicycles or similar conveyances or the luggage, goods and
articles or any of them and apply the proceeds so arising in or towards
the discharge of such lien; and the expenses of sate and the balance of
any proceeds if unclaimed within. a period of 4 weeks following the sale
shall become the general revenue of the Corporation free from any
claims in relation thereto.

PART X1

LIMITATION OF LIABILITY

100. In relation to these by-laws and without prejudice to the
generality of all or any of them, the Corporation shall not be liable for
any loss or damage, including consequential loss and non





pecuniary loss, or any other cost or expense caused by mis-delivery,
delay or detention of any luggage, goods or other articles arising from

(a) an Act of God;

(b)any consequence of war, invasion, act of foreign enemy
hostilities (whether war be declared or not), civil war, rebellion,
insurrection, military or usurped power or confiscation,
requisition, destruction, or for damage to person or property
by or under the order of any government or public or local
authority, riots, civil commotion, strikes, lock-outs, stoppage
or restraint of labour from whatever cause whether partial or
general;

(c) any seizure under legal process;

(d)any act, omission, neglect or default of any passenger, person
or third party whether acting alone or jointly with the
Corporation,

(e)any act, omission, neglect or default of any person, passenger
or third party or any cause beyond the control of the
Corporation or which the Corporation could not with
reasonable foresight and care have been expected to foresee;

(f) fraud or other criminal act;

(g)any inherent liability to waste in bulk, latent defect or inherent
defect, vice or natural deterioration, of luggage, goods or
articles brought on to the railway premises or any part thereof,

(h)insufficient or improper packing or insufficient or improper
labelling or addressing of any luggage, goods or articles;

(i)any failure of any passenger or person or the owner or
consignee of any luggage, goods or articles in failing to take
or accept delivery of any luggage, goods or articles within a
reasonable time or doing so within a period of time in excess of
the period or periods set out or otherwise referred to in these
by-laws;

(j) non-compliance with these by-laws or any of them;

(k)any defect in any train, wagon, vehicle, conveyance, lift,
escalator, moving platform, mechanical or electrical apparatus
or property or other premises whether or not the same shall
belong to or be provided by or on behalf of the Corporation;

(1)loss from any luggage, package, goods or articles or from any
packed or unpacked consignment of any luggage, package,
goods or articles;





(m)any act, occurrence, accident, emergency or event howsoever
arising or occurring outside the territorial limits of Hong
Kong;

(n)any act, occurrence, accident, emergency or event howsoever
arising or occurring upon any train, vehicle or conveyance or
upon the property or premises of any other body or person or
the undertaking of any other body or person whether the
same shall arise or occur inside or outside the territorial limits
of Hong Kong.

101. Any passenger or person or the owner or consignee of a any
luggage, goods, articles or things howsoever mentioned or referred to in
these by-laws shall pay to the Corporation the amount of all or any sum
or sums required to indemnify the Corporation or any member of the
staff or any authorized person from and against all or any claim made by
or on behalf of any passenger or owner or consignee or other person
including personal representatives of the same arising out of the
carriage or custody by the Corporation or any authorized person of any
luggage, goods, articles or things and any cost, loss, damage or
expense incurred in connexion therewith and the Corporation shall hold
any such sums paid in respect of any such claims against any cost,
damage, loss or expense of any member of the staff or authorized person
in trust for the member of the staff or authorized person concerned.

102. The Corporation in making these by-laws do so for themselves
and for and on behalf of each and every one of its employees, staff,
servants and agents and the acceptance of a ticket by any passenger or
person or owner or consignee shall be conclusive evidence of his or
their agreement that each and every limitation and exemption afforded
to the Corporation by these by-laws or all or any of them shall extend to
each such employee, staff, servant or agent.

PART XII

JURISDICTION

103. (1) All or any dispute howsoever arising directly or indirectly
under or in respect of these by-laws or any of them in regard to any
matter, act, event or thing of whatsoever nature arising or occurring
hereunder shall be governed by and interpreted in accordance with the
laws of Hong Kong wherever the act or event or thing shall take place
and whatever the nationality, domicile or usual place of residence of any
person or party to such dispute and every action or claim arising directly
or indirectly therefrom brought by or against the Corporation shall be
and the same is hereby submitted to the exclusive jurisdiction of a
competent court of jurisdiction in Hong Kong.





(2) It is hereby expressly agreed and declared by the persons or
parties to whom these by-laws and any special conditions made
hereunder refer that the Corporation is resident in Hong Kong and that
the exercise of its central management and control is exercised in Hong
Kong.

PART XIII

ENFORCEMENT AND PENALTIES

104. (1) Any person who is reasonably suspected of committing or
attempting to commit any offence against any of the by-laws set out in
Parts I-IX inclusive shall produce his identity card issued to him under
the Registration of Persons Ordinance for inspection and give his name
and address to a member of the staff ot authorized person when required
to do so and any member of the staff or authorized person may without
warrant arrest that person and forthwith take him to a police station to
be dealt with in accordance with the Police Force Ordinance.

(2) The powers conferred under paragraph (1) are additional to the
power of arrest conferred under section 38 of the Ordinance.

105. Any person or party who contravenes any provision of these
by-laws mentioned in the first column of the Second Schedule commits
an offence and is liable to prosecution and to payment of the penalty or
penalties shown opposite the appropriate provision in the second
column of the Second Schedule.

106. Unless the context otherwise requires, nothing in these by-laws
contained, mentioned or referred to and no prosecution or step or action
thereunder shall bar any further or other claim for damages or other
remedy which the Corporation or any other person may be entitled to
prosecute or bring.

FIRST SCHEDULE [by-jaw 98.1

PERMIT FEES

Fee
1. For a standard permit issued under by-law 8 1(b) 530.00
2. For a replaced standard permit issued under by-law 94 530.00





SECOND SCHEDULE [by-law 105.1

PENALTIES

By-law Penalty

6(1), 25, 43, 44, 45, 64, 65, 66, 85, 86, 87, 88, 91, 92, 93 51.000.00 fine
54 $2,000.00 fine
36, 46,47(c), 47(d),47(e),47(.f), 48, 50,52, 55, 57, 58, 59,
61, 63, 67, 68, 74, 75 55.000.00 fine
13(4), 33, 35, 51, 53, 56, 60, 69, 71, 72 55,000.00 fine
or 6 months
imprisonment
47(a), 47(b), 80 $10,000.00 fine
or 2 years
imprisonment
L.N. 51/85. Citation. Interpretation. (Cap. 372.) Tickets. Fares. Refusal of access. Prohibition of entry and travel without ticket. Persons travelling with inappropriate tickets. Surcharge for children under 12 years. Decision as to age of any child. Passengers to travel in correct compartments of trains. Period of validity of first / ordinary class tickets. Period of validity governing other tickets. Inspection and sale of tickets. Refund of fares and issue of duplicate tickets. Insufficient accommodation on trains. Train services timetables and time. No obligation to adhere to timetables. Suspension, discontinuance of train services. Closure of entrances including gates. Cessation of the issue of tickets. Closure of entrances or exits. Passengers to examine tickets and change. Appropriate fare for use in automatic vending machine. Number of children allowed to travel free of charge. Payment of any fare, excess charge, surcharge etc. Loss or damage to articles or objects left on the railway premises. Administration charge. No liability on restoration of articles to apparent owner. Sale of unclaimed articles. Responsibility of passenger for injury, damage or loss. Removal of persons or passengers from the railway premises. Conditions of acceptance of luggage. Soliciting for handling of luggage. Conditions of acceptance of goods. Soliciting for handling of goods. Driving and parking of vehicles on railway premises. Illegal parking of vehicles on railway premises. Impounding and removal charges. Notice of vehicle being detained. (Cap. 374.) Payment of proceeds from sale of vehicles. Power of the Corporation's staff and authorized persons. Definition. Compliance with notices, indicators etc. Entering of trains and lifts. Obeying directions as to occupation of trains and lifts. Duty to travel on proper part of train. Improper use of railway appliances and equipment. Opening of doors of train, use of automatic doors, compliance with directions. Infectious or contagious diseases. Intoxication, persons of unfit or improper condition, soiled clothing etc. Offensive language, graffiti and vandalism, interference with other persons. Animals and articles creating a nuisance and removal thereof. Carriage of goods of a dangerous nature. (Cap. 295.) Smoking upon railway premises. Singing, Dancing and musical instruments. Unauthorized display of material, hawking and touting. Wagering and bookmaking. Playing games for money or moneys worth. Loitering. Throwing of missiles. Parking causing obstruction. Lawful business and parking of conveyances. Payment of parking fees. Spitting and litter. Queues for services etc. Use of money changing machines. Motor vehicles etc. in pedestrian areas. Compliance with road traffic signs. Dangerous driving and speeding. Authorized crossing places and conditions of crossing. Unauthorized abstraction of water and pollution etc. Offensive matters, waste products, unauthorized structures. Powers of Corporation to abate trespass. Opening of gates, boundary fences. Compliance with regulations or notices. Definition. Gazette notice relating to restricted areas. Demarcation of restricted areas. Plan showing restricted areas. Prohibition of persons without permit in restricted areas. Conditions of issue of type of permits. First Schedule. Power to refuse issue of permits. Cancellation of permits. Notification of cancellation of permits. Surrender of permit by employee. Surrender of permit by employer. Notification by employer. Cessation of employment of permit holder. Exempted persons. Conditions for exemption. Lost permits. Employer to report lost permits. Persons finding permits. Replacement permits. First Schedule. Authorized employee's power to arrest. Exemption for Government officers. (Cap. 342.) Power to exempt other classes of person. Fees. First Schedule. Special and general lien. Corporation not liable in certain circumstances. Payment of sums sufficient to indemnify Corporation. Limitations and exemptions. Proper law to be laws of Hong Kong. Inspection of identity cards and arrest. (Cap. 177.) (Cap. 232.) Penalties. Second Schedule. Preservation of other causes of action.

L.N. 51/85. Citation. Interpretation. (Cap. 372.) Tickets. Fares. Refusal of access. Prohibition of entry and travel without ticket. Persons travelling with inappropriate tickets. Surcharge for children under 12 years. Decision as to age of any child. Passengers to travel in correct compartments of trains. Period of validity of first / ordinary class tickets. Period of validity governing other tickets. Inspection and sale of tickets. Refund of fares and issue of duplicate tickets. Insufficient accommodation on trains. Train services timetables and time. No obligation to adhere to timetables. Suspension, discontinuance of train services. Closure of entrances including gates. Cessation of the issue of tickets. Closure of entrances or exits. Passengers to examine tickets and change. Appropriate fare for use in automatic vending machine. Number of children allowed to travel free of charge. Payment of any fare, excess charge, surcharge etc. Loss or damage to articles or objects left on the railway premises. Administration charge. No liability on restoration of articles to apparent owner. Sale of unclaimed articles. Responsibility of passenger for injury, damage or loss. Removal of persons or passengers from the railway premises. Conditions of acceptance of luggage. Soliciting for handling of luggage. Conditions of acceptance of goods. Soliciting for handling of goods. Driving and parking of vehicles on railway premises. Illegal parking of vehicles on railway premises. Impounding and removal charges. Notice of vehicle being detained. (Cap. 374.) Payment of proceeds from sale of vehicles. Power of the Corporation's staff and authorized persons. Definition. Compliance with notices, indicators etc. Entering of trains and lifts. Obeying directions as to occupation of trains and lifts. Duty to travel on proper part of train. Improper use of railway appliances and equipment. Opening of doors of train, use of automatic doors, compliance with directions. Infectious or contagious diseases. Intoxication, persons of unfit or improper condition, soiled clothing etc. Offensive language, graffiti and vandalism, interference with other persons. Animals and articles creating a nuisance and removal thereof. Carriage of goods of a dangerous nature. (Cap. 295.) Smoking upon railway premises. Singing, Dancing and musical instruments. Unauthorized display of material, hawking and touting. Wagering and bookmaking. Playing games for money or moneys worth. Loitering. Throwing of missiles. Parking causing obstruction. Lawful business and parking of conveyances. Payment of parking fees. Spitting and litter. Queues for services etc. Use of money changing machines. Motor vehicles etc. in pedestrian areas. Compliance with road traffic signs. Dangerous driving and speeding. Authorized crossing places and conditions of crossing. Unauthorized abstraction of water and pollution etc. Offensive matters, waste products, unauthorized structures. Powers of Corporation to abate trespass. Opening of gates, boundary fences. Compliance with regulations or notices. Definition. Gazette notice relating to restricted areas. Demarcation of restricted areas. Plan showing restricted areas. Prohibition of persons without permit in restricted areas. Conditions of issue of type of permits. First Schedule. Power to refuse issue of permits. Cancellation of permits. Notification of cancellation of permits. Surrender of permit by employee. Surrender of permit by employer. Notification by employer. Cessation of employment of permit holder. Exempted persons. Conditions for exemption. Lost permits. Employer to report lost permits. Persons finding permits. Replacement permits. First Schedule. Authorized employee's power to arrest. Exemption for Government officers. (Cap. 342.) Power to exempt other classes of person. Fees. First Schedule. Special and general lien. Corporation not liable in certain circumstances. Payment of sums sufficient to indemnify Corporation. Limitations and exemptions. Proper law to be laws of Hong Kong. Inspection of identity cards and arrest. (Cap. 177.) (Cap. 232.) Penalties. Second Schedule. Preservation of other causes of action.

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