NORTH-WEST RAILWAY BY-LAWS

NORTH-WEST RAILWAY BY-LAWS

NORTH-WEST RAILWAY BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

PART I

PRELIMINARY

1 Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 3
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 3

PART II

TICKETS AND
FARES

3, Tickets ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 4
4. Fares ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 4
5. Tickets contain no warranty or acceptance of liability ... ... ... ... ... E 4
6. Entry and travel prohibited without payment of fare ... ... ... ... ... ... E 5
7. Production of tickets and surcharge ... ... ... ... ... ... ... ... ... E 5
8. Damaging and using damaged tickets ... ... ... ... ... ... ... ... ... E 5
9. Failures to pay fare, etc . ... ... ... ... ... ... ... ... ... ... ... ... E 6
10. Travel without a ticket or with expired or inappropriate ticket ... ... ... E 6
11. Passengers to examine tickets and change ... ... ... ... ... ... ... ... E 6
12. Exchanges and refunds ... ... ... ... ... ... ... ... ... ... ... ... E 7
13. Children travelling on buses and the railway ... ... ... ... ... ... ... E 7
14. Refusal of access ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 8

PART 111

TRESPASS AND DAMAGE TO BUSES AND THE
RAILWAY

15. Trespass and removal of trespassers ... ... ... ... ... ... ... ... ... E 8
16. Offensive matter, materials, etc. ... .. 1 ... ... ... ... ... ... ... ... E 8

PARTIV

AUTHORITY OF THE
CORPORATION STAFF

17. Powers of the Corporation's officials ... ... ... ... ... ... ... E 8

PART V

CONDUCT OF PERSONS ON BUSES AND THE
RAILWAY

18. Unlawful use of equipment on buses and the railway ... ... ... ... ... E 9
19. Indemnities for damage caused to persons and property ... ... ... ... ... E 9
20. Compliance with notices ... ... ... ... ... ... ... ... ... ... ... ... E 9
21. Feet not to be placed on seats ... ... ... ... . ... ... ... ... ... E 10

1110

C10

22. Smoking prohibited ... ... ... ... ... ... ... ... ... ... ... ... ... E 10
23. Spitting and litter prohibited ... ... ... ... ... ... ... ... ... ... ... E 10







24. Nuisance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 10

25. Singing, dancing and musical instruments prohibited ... ... ... ... ... ... E 10

26. Prohibited items ... ... ... ... ... ... ... ... ... ... ... ... ... ... E 10





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

PART VI

HAWKERS, LOITERERS AND BILL POSTING

27...........................Unauthorized bill posting, advertising and touting ... ... ... ... ... ... E 11

28..............Hawking prohibited ........ ... ... ... ... ... ... ... ... ... ... E 11
29..............Loitering prohibited ......... ... ... ... ... ... ... ... ... ... ... E 11

PART VII

VEHICLES ON THE RAILWAY PREMISES

30.........................Vehicles not to be left on railway premises ... ... ... ... ... ... ... E 11
31.........................Dealing with vehicles left on railway premises ... ... ... ... ... ... ... E 12

32.....................Drivers to comply with traffic signs ... ... ... ... ... ... ... ... ... E 12

33..............Dangerous driving ......... ... ... ... ... ... ... ... ... ... ... E 12

34. Vehicles prohibited on certain parts of railway premises ... ... ... ... ... E 12

PART VIII

DANGEROUS GOODS

35. Dangerous goods................... ... ... ... ... ... ... ... ... ... ... E 13

PART IX

LOST PROPERTY

36. Lost property...........1.......... ... ... ... ... ... ... ... ... ... ... E 13

37. Disposal of lost property ... ... ... ... ... ... ... ... ... ... ... ... E 13

PART X

LIMITATION OF LIABILITIES

38. Payment of sums sufficient to indemnify Corporation ... ... ... ... ... ... E 14

39...................Limitations and exemptions ... ... ... ... ... ... ... ... ... E 14

PART X1

ENFORCEMENT AND PENALTIES

40.....................Removal of persons from railway ... ... ... ... ... ... ... ... ... E 14

41..........Penalties ......................... ... ... ... ... ... ... ... ... E 15

42.......................Preservation of other causes of action ... ... ... ... ... ... ... ... E 15

Schedule. Penalties............................... ... ... ... ... .. 1 ... ... ... E 15





NORTH-WEST RAILWAY BY-LAWS
(Cap. 3 72, section 3 1 (1)
[17 July 1987.1

PART 1

PRELIMINARY

1. These by-laws may be cited as the North-west Railway By-laws.

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

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

'bus' means a bus as defined in the Road Traffic Ordinance and
operated by or on behalf of the Corporation within the Northwest
Transit Service Area as defined in the Ordinance;

'Corporation' means the Kowloon-Canton Railway Corporation
established by the Ordinance;

'fare' means the fare payable by any passenger for travel on any bus or
the railway irrespective of whether a ticket is issued to him by or on
behalf of the Corporation for travel on any bus or on the railway;

'official' means any person duly authorized to act on behalf of the
Corporation and includes any employee, servant or lawfully
appointed agent of the Corporation;

'passenger' means a person who has paid a fare or on whose behalf a
fare has been paid and who is lawfully travelling on any bus or the
railway during the hours of business of the Corporation
irrespective of whether a ticket is issued to him or on his behalf or
has been otherwise acquired by him for such purpose;

'railway' means the North-west Railway as defined in the Ordinance;

'railway premises' means railway premises as defined in the Ordinance
belonging to or appertaining to the North-west Railway but
excludes any carriageway of the North-west Railway not
designated by the Commissioner for Transport for the purpose of
the definition of 'road' under section 2 of the Road Traffic
Ordinance;

'surcharge' means such amount as may be specified in notices, lists,
tables, or other publications issued by or on behalf of the
Corporation from time to time and shall be





(a)an amount equal to fifty times the prevailing maximum adult
single fare on any bus or railway at the time the surcharge is
imposed; or

(b) the maximum fine prescribed in these by-laws,

whichever is the lower;

'ticket' means any form of ticket, pass or permit issued from time to time
by or on behalf of the Corporation, for travel on any bus or on the
railway;

'ticket office' means any office operated by or on behalf of the
Corporation which is duly authorized to issue tickets;

,'vehicle' means a vehicle as defined in the Road Traffic Ordinance;

,'vehicle of the North-west Railway' means any train or carriage or
compartment thereof used on or in connection with the railway.

PART 11

TICKETS AND FARES

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 notices, lists, tables or other publications issued by or on
behalf of the Corporation.

(2) A passenger shall be deemed to have knowledge of and to have
agreed to these by-laws and any special conditions in relation to any
ticket used by him or any special conditions otherwise contained or
referred to in any notices, lists, tables or other publications issued by or
on behalf of the Corporation and the liability of the Corporation (if any)
shall be limited but not extended thereby.

4. The fares appearing from time to time in notices, lists, tables or
other publications issued by or on behalf of the Corporation are the
authorized fares for travel on any bus or on the railway.

5. (1) The Corporation does not warrant that a passenger will be
conveyed on any particular bus or vehicle of the North-west Railway or
that any bus or vehicle of the North-west Railway shall arrive or depart
at a particular time or stop or that the issue of a ticket will be completed
before the departure of any bus or vehicle of the North-west Railway
and the Corporation will not be liable to any person for any loss or
damage whatsoever arising from any delay or detention caused by the
alteration suspension interference





with or withdrawal of the Corporation's bus or railway services (or a
part thereof for any reason whatsoever.

(2) The Corporation may in its absolute discretion do all or any of
the following without being liable to any person for any loss or damage
caused thereby

(a)suspend or discontinue the issue of tickets howsoever
issued;

(b)despatch any bus or vehicle of the North-west Railway from a
stop before the arrival of any other bus or vehicle of the North-
west Railway without affording passengers an opportunity of
alighting and boarding the bus or vehicle of the North-west
Railway;

(c)suspend, discontinue or otherwise withdraw all or any bus or
railway service from any stop at any time and for any period of
time or suspend, discontinue or withdraw the running of any
bus or vehicle of the North-west Railway at any time and for
any period of time and alter the times of departure and arrival
of any bus or vehicle of the Northwest Railway and the routes
thereof.

(3) The Corporation may in its absolute discretion consider
applications for a refund where a ticket is unused as a consequence of
the circumstances described in by-law 5(2).

6. No person shall without lawful authority or reasonable excuse or
except as provided in by-law 13(1)

(a) travel on any bus;

(b)board or attempt to board any vehicle of the North-west
Railway; or

(c)travel or attempt to travel upon any vehicle of the Northwest
Railway,

without first paying the appropriate fare and, where a ticket is issued,
obtaining the appropriate ticket.

7. (1) All tickets shall remain the property of the Corporation and
must be produced at any time on any bus or on the railway on demand
being made therefor by any official of the Corporation.

(2) 'Any person who refuses or fails to pay the appropriate fare or
refuses or fails to produce his ticket shall be liable to pay a surcharge.

8. (1) No person shall improperly do anything to or with a ticket
whereby

(a)the coded or printed data thereon is erased wholly or in part or
is otherwise altered or interfered with; or

(b) the ticket is otherwise damaged.





(2) No person shall use or attempt to use for travel on any bus or
the railway a ticket which has been improperly altered damaged or which
has been otherwise interfered with.

9. No person prior to leaving any bus or the railway shall fail to or
refuse to pay any fare, surcharge or other sum payable to the
Corporation in accordance with these by-laws.

10. (1) If a person (other than a person who is under the age of 3
years) is on any bus or vehicle of the North-west Railway

(a) without a ticket;

(b)with a ticket which has been altered without the authority of
the Corporation or any of its officials or which has been
damaged;

(c) with a ticket that has expired; or

(d)with a concessionary ticket or other special type of ticket
when he is not entitled to such a ticket,

he shall be regarded as not having paid his fare and shall be liable to
pay a surcharge to the Corporation.

(2) For the purposes of by-law 10(1)-

(a)a ticket other than a season ticket or stored value ticket shall
expire in the event that a passenger fails to complete the
journey to which the ticket relates within 2 hours of being
issued with a ticket;

(b)a person who is on any bus or vehicle of the North-west
Railway and who subsequently leaves or attempts to leave the
bus or vehicle of the North-west Railway or the railway
premises shall, in the absence of proof to the contrary, be
presumed to have travelled upon the railway.

(3) Without prejudice to the provisions of by-law 10(1), any person
holding a ticket who travels on any bus or the railway beyond a stop for
which that ticket is valid shall be liable to pay the appropriate fare for
the additional journey as if no ticket were held.

11. (1) All persons shall examine their tickets and any change
tendered before leaving any ticket office.

(2) Neither the Corporation nor any official of the Corporation shall
be liable for any error or omission not drawn to their attention at the
time of issue of a ticket.

(3) A person boarding any bus shall insert not less than the
appropriate fare into a farebox in payment of the fare or shall produce for
inspection a valid ticket or authority for travel.

(4) A person using an automatic vending machine shall insert not
less than the appropriate fare in legal tender including a valid stored
value ticket for the purchase of a ticket.





(5) No person shall be entitled to any refund of any amount
inserted into an automatic vending machine or a farebox which is

(a) in excess of the appropriate fare; or

(b)in excess of the balance required to make up the appropriate
fare where the value remaining in a stored value ticket is
inadequate.

(6) The amount (including a nil amount) from time to time printed
on or encoded on a ticket shall be conclusive evidence of the amount
paid in respect of such ticket and in the case of a stored value ticket the
value (if any) remaining in such ticket.

(7) Any person who is requested to do so by any official of the
Corporation shall immediately produce to that official acceptable proof
of his entitlement to any concessionary or other special type of ticket or
fare.

12. (1) A fare may be refunded or a ticket may be refunded or
exchanged at the absolute discretion of the Corporation. Any such
exchange or refund may be subject to the deduction of an
administration charge prescribed and published by the Corporation
from time to time.

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

(3) The Corporation shall not be obliged to issue a ticket in
replacement of a lost or mislaid or unused ticket nor will it be obliged to
make a refund in respect of the value of any such ticket or the amount of
a fare or a surcharge levied as a consequence of failure to produce a
ticket when required.

13. (1) Except when otherwise specified in notices, lists, tables or
other publications issued by or on behalf of the Corporation, up to two
children under 3 years of age may accompany each adult passenger on
any bus or on the railway free of charge provided that such child or
children do not occupy a seat or seats that are required for other
passengers.

(2) Each adult passenger accompanied by more than two children
under 3 years of age shall pay a fare equivalent to one half of the
appropriate adult fare for any children exceeding two in number.

(3) Any child over 3 years of age but under 12 years of age when
travelling on any bus or on the railway shall pay one half of the
appropriate adult fare.

(4) In the absence of proof as to the age of any child referred to in
these by-laws the decision as to age shall be in the absolute discretion
of the officials of the Corporation dealing with tickets or passengers and
shall be final and binding for all purposes without liability of whatever
nature for any loss or damage whatsoever and howsoever arising from
any such decision.





14. The Corporation reserves the right to refuse to admit any
person onto any bus or vehicle of the North-west Railway or to any part
of the railway premises at any time whom it believes is likely to act in a
riotous, disorderly or offensive manner.

PART 111

TRESPASS AND DAMAGE To BUSES AND THE
RAILWAY

15. (1) No person shall enter into or upon the railway premises or
any part thereof other than those parts clearly defined by means of
notices, indicators and other directions for the use of persons using the
railway, nor shall any person enter or leave such parts other than by use
of the designated entrances or exits.

(2) Any person who, without lawful excuse or the authority of the
Corporation or its officials is on any bus or vehicle of the North-west
Railway or on any part of the railway premises or who otherwise being
in breach of these by-laws refuses to leave the same on being requested
so to do by any official of the Corporation may be immediately removed
therefrom without prejudice to any penalty or surcharge which may be
imposed in accordance with these by-laws.

16. (1) No person shall cause, permit or suffer-

(a)any sewage, drainage or any other offensive matters to flow
onto or otherwise come onto or be upon the railway or any
part thereof,

(b)any waste product, waste material or food or refuse of any
kind to be deposited on or otherwise come onto any bus or
vehicle of the North-west Railway or any part of the railway;

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

(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.

(2) No person shall cause permit or suffer any missile, article or
other object whatsoever to be propelled at or thrown at or wilfully
dropped upon any bus or vehicle of the North-west Railway or other
part of the railway.

PART IV

AUTHORITY OF THE CORPORATION
STAFF

17. No official of the Corporation 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 V

CONDUCT OF PERSONS ON BUSES AND THE RAILWAY

18. No person except an official of the Corporation shall-

(a)actuate any emergency or safety device on any bus or
vehicle of the North-west Railway or upon the railway
except for the express purpose for which the same is
provided and in accordance with the instructions printed
thereon or on a notice displayed near thereto;

(b)enter or leave (or attempt to enter or leave) any bus or
vehicle of the North-west Railway whilst it is in motion or
(except in case of accident or other emergency) between
stops or otherwise than at the side of the bus or vehicle of
the North-west Railway adjacent to the stop or the plat-
form appointed for passengers to enter or leave the bus or
vehicle of the North-west Railway;

(c)enter or leave (or attempt to enter or leave) any bus or
vehicle of the North-west Railway after the doors have
commenced to close;

(d)where notices are exhibited on a bus or a vehicle of the
North-west Railway 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.

19. A person who by reason of bringing any animal, article or
object on to any bus or vehicle of the North-west Railway or any
part of the railway causes any injury, loss or damage whatsoever to
the Corporation or its officials or any other person or causes any loss
or damage whatsoever to the property of the Corporation, its
officials or any other person shall indemnify the Corporation against
all or any claims, demands, costs and expenses whatsoever arising
therefrom in respect of any such injury, loss or damage howsoever
caused:

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 an official of the
Corporation.

20. (1) Every person while on a bus or vehicle of the North-
west Railway or on any part of the railway premises shall comply
with all notices, indicators and all reasonable directions and requests
of officials of the Corporation.





(2) No person shall stand on the upper deck or any staircase of
a bus.

(3) Without prejudice to the generality of by-law 20(1) if any
official of the Corporation determines that a bus or vehicle of the
North-west Railway is full, no person shall enter or remain therein
having just entered if directed by such official not to do so.

21. No person shall place his feet on any seat in any bus or on
any vehicle of the North-west Railway or on any other part of the
railway premises.

22. No person shall smoke or carry a lighted pipe, cigar or
cigarette in any bus or vehicle of the North-west Railway, or any
other part of the railway premises where smoking is prohibited by
notice.

23. No person shall-

(a)spit in or on any bus or on any vehicle of the North-west
Railway or any part of the railway premises; or

(b)deposit or throw any litter on any bus or vehicle of the
North-west Railway or on any part of the railway premises
except into receptacles provided for that purpose.

24. (1) No person shall conduct himself on any bus or any
vehicle of the North-west Railway or any part of the railway
premises so as to cause a nuisance or annoyance to passengers or
officials of the Corporation or other persons.

(2) No person shall without reasonable excuse wilfully
obstruct, impede or distract the driver of any bus from per-
forming his duties.

25. No person unless authorized in writing by the Corporation
or any of its officials while upon any bus or vehicle of the North-west
Railway or any part of the railway premises shall sing, dance or
perform on any musical or other instrument or use a radio, cassette
recorder, compact disc player or similar device, television or any
other such electrical or mechanical device which is likely to cause
annoyance, inconvenience or disturbance to any other person.

26. No person shall-

(a)bring onto any bus or vehicle of the North-west Railway or
any part of the railway premises any luggage, article,
object or any other thing which cannot be carried or
otherwise accommodated on any bus or vehicle of the
North-west Railway or any part of the railway premises
without the likelihood of causing damage to property of
the Corporation or. without the likelihood of causing a
nuisance or inconvenience to other persons using any bus
or the railway;





(b) consume or attempt to consume any food or beverage
vehi
cle

c

(whether alcoholic or non-alcoholic) on any bus or vehicle Z
of the North-west Railway or any part of the railway premises;
or

(c)bring onto any bus or vehicle of the North-west Railway or any
part of the railway premises any animal (including birds, fish
and reptiles) or other livestock provided that this restriction
shall not apply to a guide dog accompanying a blind person or
a dog which is being used for duty purposes by a police
officer.

PART VI

HAWKERS, LOITERERS AND BILL POSTING

27. No person on any bus or on any vehicle of the North-west
Railway or any part of the railway premises shall, except with the written
authority of the Corporation

(a)post, stick, paint or write or cause to be posted, stuck, painted
or written any bill, placard, advertisement or any other matter;

(b)display or exhibit or cause to be displayed or exhibited 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; or

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

28. No person, unless authorized in writing by the Corporation,
shall sell or expose or offer for sale any goods, wares or services in or
on any bus or vehicle of the North-west Railway or any part of the
railway premises and sections 86, 86A, 86C, and 86D of the Public
Health and Municipal Services Ordinance shall apply to an offence
under this by-law as if such offence were a hawker offence within the
meaning of section 86 of that Ordinance.

29. No person other than passengers or other persons having the
authority of the Corporation and on lawful business in or in connection
with the railway shall loiter in or about any part of the railway premises.

PART VII

VEHICLES ON THE RAILWAY PREMISES

30. Except with the written authority of the Corporation, no person
shall park or leave or cause any vehicle to be parked or left on the
railway premises or any part thereof.





31. (1) The Corporation may in such manner as it thinks fit
remove and detain any vehicle in respect of which a contravention of
by-law 30 is committed and may charge the owner or driver thereof
all costs and expenses occasioned by and incidental to such removal
and detention without prejudice to any penalty incurred by contra-
vention of that by-law.

(2) As soon as is reasonably practicable after a vehicle has
been detained under by-law 3 1 (1) the Corporation shall serve on the
registered owner of the vehicle (as defined in the Road Traffic
Ordinance) a notice informing him-

(a)of the detention of the vehicle and the place of detention;
and

(b)that, unless the vehicle is removed from the place of
detention on payment of any costs and charges within 14
days after the service of the notice on him, the vehicle shall
become the property of the Corporation free from the
rights of any person and may be disposed of by the
Corporation by sale or otherwise.

(3) If a vehicle is not removed in accordance with the notice
served under by-law 31(2), the vehicle shall become the property of
the Corporation free from the rights of any person and may be
disposed of by the Corporation by sale or otherwise as it thinks fit.

(4) If, within 6 months after the day on which a vehicle is sold
pursuant to by-law 31(3), any person satisfies the Corporation that
at the time the vehicle became the property of the Corporation by
virtue of that by-law, he was the owner of the vehicle, the Corpora-
tion shall pay to such person the balance of the proceeds of sale after
deducting any costs and charges of removal and detention and any
reasonable charges incurred by the Corporation in respect of the sale
of the vehicle.

(5) A notice under by-law 31(2) may be served personally or
by post.

(6) For the purpose of this by-law 'vehicle' includes the
equipment carried by or on a vehicle.

32. Vehicle drivers while in or upon any part of the railway
premises shall obey all traffic signs and signals and the reasonable
instructions and directions of officials of the Corporation.

33. No person shall drive or operate any vehicle through, into
or upon the railway premises or any part thereof at a rate of speed or
in a manner likely to involve danger to others.

34. No person shall drive or operate any vehicle upon or along
the railway premises or any part thereof set apart for the exclusive
use of pedestrians.





PART VIII

DANGERous GOODS

35. No person not being an official of the Corporation duly
authorized in that behalf shall bring onto any bus or any vehicle of the
North-west Railway or any part of the railway premises any substance or
other thing which is subject to the provisions of the Dangerous Goods
Ordinance.

PART IX

LOST PROPERTY

36. Every person who finds any article or object in or upon any bus
or vehicle of the North-west Railway or any part of the railway premises
shall hand over the same to an official of the Corporation as soon as is
practicable and no person other than an official of the Corporation shall
remove from any bus or vehicle of the North-west Railway or any part of
the railway premises any property lost or left behind therein, save for
the purpose of handing over the same as soon as is practicable to an
official of the Corporation and all articles or objects so found shall as
between the finder and the Corporation be deemed to be in the
possession of the Corporation.

37. (1) All articles or objects found and which come into the
possession of the Corporation shall be dealt with as follows-

(a)perishable, noxious or otherwise offensive goods or articles
may be disposed of by the Corporation by sale or otherwise as
in its absolute discretion it sees fit as soon as practicable after
the same comes into its possession;

(b)all other articles or objects shall be retained by the
Corporation for a period of 1 month after they have come into
its possession and, if at the end of that period they remain
unclaimed, they shall be deemed to become the absolute
property of the Corporation free from any other rights and
encumbrances, and the Corporation may dispose of them by
sale or otherwise and at such price (if any) as the Corporation
in its absolute discretion thinks fit.

(2) If within a period of 6 months from the date of any sale by the
Corporation of any article or object the former owner thereof (which
expression includes the person formerly entitled to the beneficial interest
therein) establishes to the satisfaction of the Corporation prior lawful
ownership of the article or object the former owner shall be paid the
proceeds of sale less all expenses incurred by the Corporation in respect
of and incidental to such sale provided that the former owner shall
provide the Corporation with an indemnity in such form as may be
required by the Corporation as a pre-condition to payment by the
Corporation of any such sale proceeds.





(3) The Corporation shall not be liable to any person for any loss or
damage whatsoever and howsoever arising from the loss of any article
or object or the retention, sale or other disposal thereof or the
restoration under by-law 37(2) of any article or object to a person other
than the former lawful owner thereof.

PART X

LIMITATION OF
LIA131LITIES

38. Any passenger or person or the owner of any animal, vehicle,
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 official of the
Corporation from and against all or any claim made by or on behalf of
any passenger or owner or other person including personal
representatives of the same arising out of the carriage or custody by the
Corporation or any official of the Corporation of any animal, vehicle,
luggage, goods, articles or things and any cost, loss, damage or expense
incurred in connexion herewith and the Corporation shall hold any such
sums paid in respect of any such claims against any cost, damage, loss
or expense of any official of the Corporation in trust for the official
concerned.

39. The Corporation in making these by-laws do so for themselves
and for and on behalf of each and every official of the Corporation and
the payment of a fare or the acceptance of a ticket by any passenger or
person 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 official.

PART X1

ENFORCEMENT AND PENALTIES

40. (1) Any person who is reasonably suspected of committing or
attempting to commit any offence against any of these by-laws shall
produce proof of his identity and give his name and address to an
official of the Corporation when required to do so and any official of the
Corporation may without warrant arrest that person and forthwith
remove him from any bus or the railway and take him to a police station
to be dealt with in accordance with the Police Force Ordinance.

(2) An official acting in execution of the powers conferred under
by-law 40(1) shall produce the authorization issued by the Corporation
in accordance with by-law 2 prior to executing those powers.

(3) The powers conferred under by-law 40(1) are in addition to the
power of arrest under section 38 of the Ordinance.





41. A person who contravenes a by-law set out in the first column
of the Schedule commits an offence and is liable to the penalty set out in
the second column of that Schedule opposite the reference to that by-
law.

42. (1) Unless the context otherwise requires nothing in these by-
laws and no prosecution or step or action hereunder shall bar any
further or other claim for damages or other remedy or relief which the
Corporation or its agents or other persons may be entitled to prosecute
or bring.

(2) Any sum levied by or payable to the Corporation or its agents
(including, without limitation, any fare, or surcharge) whether by way of
penalty, debt, damages, costs, loss, expense or otherwise shall be due to
the Corporation or its lawful agents as a debt due on demand and shall
be enforceable as a civil debt.

SCHEDULE

PENALTIES

By-law Penalty
6 $3,000 fine
7 $3,000 fine

8 $5,000 fine and 6 months imprisonment
9 $3,000 fine
10(3) $1,000 fine
13(3) $1,000 fine
15 $1,000 fine
16 $5,000 fine and 6 months imprisonment
18(a) $5,000 fine and 6 months imprisonment
18(b), (c) and (d) $1,000 fine
20 $1,000 fine
21 $1,000 fine
22 $2,000 fine
23 $1,600 fine
24 $5,000 fine and 6 months imprisonment
25 $1,000 fine
27 55,000 fine and 6 months imprisonment
28 $5,000 fine and 6 months imprisonment
29 $1,000 fine and 3 months imprisonment
30 $5,000 fine
32 $5,000 fine and 3 months imprisonment
33 $5,000 fine and 6 months imprisonment
34 $5,000 fine
35 $5,000 fine
36 $2,000 fine
40(1) $1,000 fine
L.N. 223/87. Citation. Interpretation. (Cap. 372.) (Cap. 374.) (Cap. 374.) (Cap. 374.) Tickets. Fares. Tickets contain no warranty or acceptance of liability. Entry and travel prohibited without payment of fare. Production of tickets and surcharge. Damaging and using damaged tickets. Failures to pay fare, etc. Travel without a ticket or with expired or inappropriate ticket. Passengers to examine tickets and change. Exchanges and refunds. Children travelling on buses and the railway. Refusal of access. Trespass and removal of trespassers. Offensive matter, materials, etc. Powers of the Corporation's officials. Unlawful use of equipment on buses and the railway. Indemnities for damage caused to persons and property. Compliance with notices. Feet not to be placed on seats. Smoking prohibited. Spitting and litter prohibited. Nuisance. Singing, dancing and musical instruments prohibited. Prohibited items. Unauthorized bill posting, advertising and touting. Hawking prohibited. (Cap. 132.) Loitering prohibited. Vehicles not to be left on railway premises. Dealing with vehicles left on railway premises. (Cap. 374.) Drivers to comply with traffic signs. Dangerous driving. Vehicles prohibited on certain parts of railway premises. Dangerous goods. (Cap. 295.) Lost property. Disposal of lost property. Payment of sums sufficient to indemnify Corporation. Limitations and exemptions. Removal of persons from railway. (Cap. 232.) Penalties. Schedule. Preservation of other causes of action.

L.N. 223/87. Citation. Interpretation. (Cap. 372.) (Cap. 374.) (Cap. 374.) (Cap. 374.) Tickets. Fares. Tickets contain no warranty or acceptance of liability. Entry and travel prohibited without payment of fare. Production of tickets and surcharge. Damaging and using damaged tickets. Failures to pay fare, etc. Travel without a ticket or with expired or inappropriate ticket. Passengers to examine tickets and change. Exchanges and refunds. Children travelling on buses and the railway. Refusal of access. Trespass and removal of trespassers. Offensive matter, materials, etc. Powers of the Corporation's officials. Unlawful use of equipment on buses and the railway. Indemnities for damage caused to persons and property. Compliance with notices. Feet not to be placed on seats. Smoking prohibited. Spitting and litter prohibited. Nuisance. Singing, dancing and musical instruments prohibited. Prohibited items. Unauthorized bill posting, advertising and touting. Hawking prohibited. (Cap. 132.) Loitering prohibited. Vehicles not to be left on railway premises. Dealing with vehicles left on railway premises. (Cap. 374.) Drivers to comply with traffic signs. Dangerous driving. Vehicles prohibited on certain parts of railway premises. Dangerous goods. (Cap. 295.) Lost property. Disposal of lost property. Payment of sums sufficient to indemnify Corporation. Limitations and exemptions. Removal of persons from railway. (Cap. 232.) Penalties. Schedule. Preservation of other causes of action.

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