RAILWAYS ORDINANCE, 1909
Title
RAILWAYS ORDINANCE, 1909
Description
No. 21 of 1909.
To regulate the construction and management of Railways.
[16th July, 1909.]
WHEREAS it is expedient that provision should be made for the con-
Struction and inanagement of within the Colony:
1. The Railways Ordinance, 1909.
2. In this Ordinance
'Railways 'means a railway or any portion of a railway for the
public carriage of passengers, aninials, or goods, and includes-
(a) all land with the fences or other boundary marks indicating
the limits of the land appurtenant to a railway;
(b) all lines of rails, sidings, or branches worked over for the
purposes of or in connection with a railway;
As ainended b), No. 50 of 1911 and No. 12 of 1912.
(c) all stations, offices, warehouses, wharves, workshops, manu-
factories, fixed plant, and machinery, and other works constructed
for the purposes of or in connection with a railway; and
(d) all ferries, ships, boats, and crafts which are used for the
traffic of a railway and belong to or are hired or worked by
the authority administering the railway;
---Manager---means the person appointed by the Governor to act
as manager of a railway;
Assistant manager--- means the person appointed by the Goy-
ernor to act as assistant manager ol arailwa.,
Railway official ' includesanY inaliager or assistant manager
and all such officers, servants, agents, and other persons as may be
c
employed to do any act upon or in connection with a railway,
---The administration ' ineans the mariager or such other person
as the Governor may appoint to conduct the affairs of any railway.
So long as any railway is in cotirse of construction it means the
chief resident enulneer or such other person as the Gover-nor may
appoint to supervise. the said construction.
Is. 3, Tel), No. 8 of 1919.]
. 4. All duties and powers hereinafter required to be performed
and exercised by the inanager or by the chief resident engineer shall
and may, in the absence of the iiianager or of the chief resident
engineer, be performed and exercised by in assistant manager or
by an assistant engineer.
5. The administration shall have the custody and administration of
all railways sub'ect to the general authority of the Governor-in
j
Council.
6. The Governor shall appoint suitable officers to carry out the
provisions of this Ordinance, such officers to be under the control
of the administration, subject to the general authority of the
Governor.
7. The Governor-in-Council may authorise the construction of
any railway within the Colony, and the Governor may acquire under
the provisions of the Crown Lands Resumption Ordinance, 1900,
such lands as he may deem necessary for the purposes of such rail-
way.
* As arnended by No. 12 of 1912.
Construction.
8. For the purpose of constructing any such authorised railway,
the administration may-
(a) make or construct in, upon, across, under, or over'any lands
or any streets'. hills, valleys, roads, railways or tramways, or any
rivers, canals, brooks, streams, or other waters, or any drains,
water-pipes, gas-pipes, electric wires, or posts,.such temporary or
permanent inclined planes, arches, tunnels, culverts, embankments,
con-
aqueducts, bridges, roads, lines of railway, ways, passages,
dults, drains, piers, abutments, cuttings, and fences as the adminis-
tration thinks proper ;
(b) alter the course of any rivers, brooks, streanis, or water-
courses, for the purpose of constructing and maintaining tunnels,
bridges, passages or other works over or under them ; and divert,
widen, narrow, or alter, as well temporarily as permanently, the
course of any rivers, brooks, streams, or water courses, or any roads,
streets, or ways ; or raise or sink the level thereof in order the more
conveniently to carry them over or under or by the side of the rail-
way as the administration thinks proper;
(c) make drains or conduits into, through, or under any lands
a, j 1 1 1 1
conveniences the railway for the purpose of conveying water to or from
the railway;
(d) alect and construct such houses, warehouses, offices, and
other buildings, and such yards, stations, wharves, engines, machi-
nery, apparatus, and other works and conveniences as the adminis-
tration thinks proper;
(C) alter, repair, or discontinue such buildings, works and
conveniences as aforesaid or any of them and substitute others in
their stead; and
do all other acts necessary for making, maintaining, altering,
or repairing, and using the railway.
The exercise of the powers conferred on the administration by
this section shall be subject to the control of the Governor-in-
Council.
9. The administration may for the purpose of exercising the
powers conferred on it by this Ordinance alter the level or position
As amended by No. 12 of 1912.
As amended by No. 50 of 1911 and No. 12 of 1912.
of any pipe, conduit, drain, electric wire or post, provided that it
shall give reasonable notice of its intention to do so to the person
under whose control such pipe, conduit, drgin, electric wire, or post
is. The administration shall execute the work to the reasonable
satisfaction of such person.
10-M The Governor-in-Council may authorise the adminis-
tration in case of any slip or other accident happening or being
apprehended to any cutting, embankment or other work under the
control of the administration to enter upon any lands adjoining its
.railway for the purpose of repairing or preventing the accident, and
to do all such works as inay be.necessary for the purpose.
(2) In case of necessity the administration may enter upon the
lands and do the works aforesaid without having the previous
sanction of the Governor-in-Councill but in such a case shall within
72 hours after such entry make a report to the Governor-in-Counell
specifying the nature of the accident, or apprehended accident and
of the works necessary to be done, and the power conferred on the
administration by this sub-section shall cease and determine if the
Governor-in-Council considers that the exercise of the power is not
necessary for the public safety.
11. The administration shall make and maintain for the accom-
modation of the owners and occupiers of lands adjoining any
railway,-
(a) convenient crossings, bridges, arches, culverts, and passages
over, under, or by the sides of, or leading to or from such railway
for the purpose of making good any interruptions caused by the
railway to the use of the lands through which such railway is inade:
and
(b) arches, tunnels, culverts, &ams, water-courses, or other
passages over, or under, or by the sides of the railway for the
purpose of conveying water at all times as freely from or to such
lands as before the making of such railway or as nearly as may be.
Provided that
(c) The administration shall Dot be required to make any accom-
modation works in such a manner as would prevent or obstruct the
working or using of the railway or to make any accommodation
works With respect to which the occupiers of the land have agreed
As amended by No. 12 of 1912,
to receive and'have been paid compensation, or to make any
accommodation works with respect to which the owners or occupieis
have made no representations during the tline that the section of
the railway affected was in course of construction.
(d) Where the administration has provided suitable accorn-
modation for the crossing of a road or stream and the road or stream
is afterwards diverted by the act or neglect of the person having the
control thereof, the administratlion shall not be compelled to provide
other accommodation for the crossi.ng of the road or stream.
12. No action or suit shall be brouAt or maintained against the
Crown or against the administration, or against any person for
compensation or for any loss or daniage resulting to any person by
reason of the construction of any railway works; but if any person-
considers himself to be entitled to compensation In respect of any
land or property adjoining a railway, or of any interest therein
which has in his opinion been injuriously affected by the construc-
tion of such works, he may, if no agreement has been conic
to between himself and the adininistration, forward to the Colonial
Secretary a claim for compensation, which claim shall be determined
in the following manner :-
t (a) There shall be two arbitrators, one of whom shall be,
S.
nominated by the Governor and the other by the person claiming
compensation.
(b) The tw,o arbitrators so nominated shall view the land or
property in respect of which such conipensation is claimed with the
object of deciding what sum should in the circuinstances of the case
be awarded as cortipensation, and if the said arbitrators agree as to
the aniount their decision shall be final. In case of disagreement
they shall, and at any stage of the arbitration they may, refer the
matter in dispute to a, Puisne Judge in Chambers as umpire and his
decision shall be final.
(c) The decision of the arbitrators or the umpire, as the case may
be, shall be forwarded in writing to the Colonial Secretary.
(d) Where the amount of compensation, if any, is determined
by the arbitrators each party shall pay the costs incurred by him in
respect of the matter of the arbitration, but if the matter in dispute
is referred to the Puisne Judge the costs of and incident to
As amended by No. 12 of 1912, No. 13 of 1912, No. 27 of 1 912 and
No, 43 of 1912 Supp. Sched.
the arbitration and the enquiry by the Puisne Judge shall be in the
discretion of the said Judge.
Provided that the Goverrior-in-Council shall as soon as may be
after the commencement of the construction of any railway works
by notification in the Gazette fix a date after which no claim for
compensation shall lie.
13. Every person who, without lawful excuse, wilfully does
any of the following things, namelY, interferes with, removes, or
alters any part of a railway or of the works connected therewith,
shall, on summary conviction, be liable to a fine not exceeding 2.5
dollars, in addition to any proceedings to which he may be liable
by way of indictment or otherwise.
14.-(1) In either of the following cases,
(a) where there is danger that a tree standing near a railway
may fall on the railway so as to obstruct traffic ;
(b) when a tree obstructs the view of any fixed signal
the administration may, with the permission of any Magistrate fell
the tree or deal with it in such other manner as will in the opinion
of the administration avert the danger or remove the obstruction,
as the ease may be.
(2) In case of emergency the power inentioned in sub-section (1)
may be exercised by theadministration without the permission of
a Magistrate.
(3) A Civil Court shall not entertain a sult to recover compensa-
tion for any tree felled or otherwise dealt with mider this section.
Opening of the Railway.
15. The administration may use upon any railway locomotive
engines or other motive power and rolling stock to be drawn or
propelled thereby.
16. No railway shall be opened for the public carriage of
passengers until the Chief Resident Engineer has certified in
writing to the Governor-in-Council that-
(a) he has made a careful inspection of the railway and rolling-
stock ;
As amended by No. 30 of 1911 and No. 12 of 1912.
As amended by No. 12 of 1912.
As amended by No. 12 of 1912 and No. 43 of 1912 Supp. Sched.
(b) the works and rolling-stock are in a soucd condition ;
(c) in his opinion the railway can be opened for the public
carriage of passengers without danger to the public using it.
Legal Proceedings.
17. All actions and suits which if the railway were the property
of a company under ' the Companies Ordinance, 1911, having its
registered office in the Colonv, inight be brought by and against
such company may be brought by and against the inanager, any
thing in the Code of Civil Procedure to the contrary notwithstarid
ing, and for the purpose of all such actions. and suits the lands,
building rolling stock, and propertil appertaining to the
v'Iway shall be deenied to be the property of the manager.
18-(1) None of the rolling stock, machinery, plant, tools,
fittings, niaterials, or effects used or provided by the administration
for the purpose of traffic on any railway or of its stations or
workshops shall be liable to be taken in execution of any decree or
order of ally Court or person having by lais. power to attach
or distrain property or otherwise to cause property . to be taken in
execution.
(.2) Nothing. in Sub-Section (1) is to be construed a., affecting
the authority of any Court lo attach the earnings of a railway in
execution of a judgment or order.
19.- (1) Any summons, notice, order, or other document re
quired to be served upon the manager mas. be served by leaving the
same or sendling it through the post by a registered letter addressed
to the said manager at the principal office of the administration.
(2) Where a summons, notice, order, or other document is
served by post it shall be deemed to have. been served at the time
when the letter containing it would be delivered in the ordinary
course of post, and ill proving such service it shall be sufficient to
prove that the letter containing the document was properly
addressed and registered.
PA esponsi bill ty of the Ad,)iiinistratioti as Carriers,
20. The administration shall not be liable for loss, injury, des-
truction, or deterioration of animals or goods delivered for carriage
As amended by No. 13 of 1912.
As amended by No. 12 of 1912.
As amended bY No. 12 of 1912 and No. 13 of 1912.
by the railway unless such loss, injury, destruction, or deterioration
shall have occurred within the Colony, and in any suit against the
administration for compensation in respect thereof the burden of
proving.such fact shall lie upon the person claiming compensation.
21. The administration shall in no case be liable for loss or injury
to any articles or goods to be carried by the railway unless it shall
have been caused by negligence or misconduct oil the part of its
agents or servants, and unless the articles or goods in respect of
which compensation is claimed shall have been booked and paid for
in conformity with this Ordinance.
21-M The responsibility of the administraion for the loss,
destruction, or deterioration of animals delivered to be carried oil
the railway shall not in any case exceed, in the case of horses 3.30
dollars a head, in the case of iinfles, donkeys, or horned cattle, 100
dollars a head, in the case of sheep, goats, dogs, or other animals,
20 dollars a, head, unless the person sending or delivering thern
caused them to be declared or declared tbent at the time of thear
delivery to be respectively of higher valne.
(2) Where such higher value has been declared the adminis-
tration may charge in respect of the increased risk a percentage
upon the excess of the value so declared over the respective sums
aforesaid.
23. The administration shall not be responsible for the loss,
destruction, or deteriration of any passenger's lug-age unless it
has been delivered into the existod 0 -
24-(1) When any articles mentioned in the scliedule are con-
tained in any parcel or package delivered to the administration for
carriage by railway and the value of such articles exceeds 100 dollars
the administration shall not be responsible beyond that slim for
the loss, destruction, or deterioration of the articles in the parcel
or package unless the person sending or delivering it caused
its value and contents lo be declared or declared them at the time
of its delivery, and if so required paid or enpored to pay a
percentage on the value so declared in respect of the increased risk.
(2) When any parcel or package of which the value has been
declared under sub-section (1) has been lost or destroyed or has
* As amended bv No. 12 of 1912 and No. 13 01 1912.
t As amended by _No. 12 of 1912.
deteriorated, the compensation recoverable in respect thereof shall
not exceed the value so declared, and the burden of proving it to
have been the true value shall, notwithstanding anything in the
declaration, lie on the person claiming the compensation.
(3) The administration may make it a condition of carrying a
parcel declared to contain any article mentioned in the schedule
that the railway servant authorised in this behalf has been satisfied
by examination or otherwise that the parcel actually contains the
article declared to be therein.
(4) This section shall not apply to any parcel carried by the
railway for any postar authority.
25. In any suit against the adininistration for compensation for
loss, destruction, or deterioration of animals or goods delivered for
carriage by railway, it shall not be necessary for the plaintiff to
prove how the loss, destruction, or deterioration was caused; but
the burden of proving the. value of the annitals or goods, and where
the,,saine have been injured, the extent of the injury, shall lie upon
the clainiant.
26. A person shall not be entitled to a refund of an overcharge
in respect of any or goods carried by a railway or to compen-
sation for the loss, destruction, or deterioration of animals or goods
delivered to be so carried unless his claim has been preferred in
writing by han or on his behalf to the administration within
6 months from the date of delivery of the animals or goods
for carriage.
27. Notwithstanding anythint in the foregoing provisions the
administration shall not be responsible for the loss, destruction, or
deterioration of any goods with respect to the description of which
an account materially false has been given by the owner or person
having charge thereof, if the loss, destruction, or deterioration is in
any way brotioffit about by the false account, and the administration
shall not be responsible in any case for an amount exceeding the
value of the goods calculated in accordance with the description
contained in the false account.
A ccidents.
28. When any of the following accidents ocein. in the working of
any railway.---
As arnended b,~, No. 12 of 1912 and No. 13 of 1912.
f As amended by No. 12 of 1912.
(a) any accident attended with loss of human life or with
grievous bodily harm or with serious injury to property;
(b) any collision between trains one of which is a train carrying
passengers ;
(c) the derailment of any train carrying passengers or any part
of such a train ;
(d) any accident of a description usually attended with loss of
life or with grievous bodily harm or with serious Injury to pro-
perty
(e) any accident of any other description which the Governor-
in-Council rnay notify in this behalf in the Gazette;
the administration. shall without unnecessary delay send notice of
the accident to the Colonial Secretary, and the station master
nearest to the place where the accident occurred, or where there is
no station master the official in charge of that part of the railway
on which the accident occurred, shall give notice of the accident to
the officer in charge of The Governor-in -Council mav make ritles for all or an of
the following purposes:-
(a) for prescribing the forms of the notices mentioned in the last
section and the particulars of the accident which those notices are
to contain ;
(b) for prescribing the class of accidents of which notice is to be
sent by telegraph ii-tiniediately after the accident has occurred ;
(c) for prescribing the duties of railway officials or police officers
on the occurrence of an accident ;
(d) for holding inquiries into accidents.
30. Any station master or railway official who omits to give notice
of an accident as is required by section 28 and the rules under see-
tion 29 shall, on summary conviction, be liable to a fine not
exceeding .50 dollars.
31. Whenever any person injured by an accident on a railway
claims compensation on account of the injury any Court or person
having by law or consent of the parties authority to determine the
claim may order him to be examined by a medical practitioner
As amended bY No. 43 of 1912 Supp. Sched.
As amended by No. 12 of 1912.
As amended by No. 13 of 1912.
named in the order and not being a witness on either side, and may
make any order with respect to the costs of the examination as it or
fie thinks fit.
Managernent.
32._(1) The administration, subject to the approval of the
Governor-in-Council, may rnake general rules for the following
purposes :-
(a,) for regulating the mode in which and the speed at which the
rolling-stock used on any railway is to be moved or propelled;
(b ) for providing for the accommodation and convenience of pas-
sengers and regulating tlie carriage of their luggage;
(c) for declaring what shall be deemed to be for the purposes of
this Ordinance dangerous or offensive goods and for regulating the
carriage of such goods
(d) for regulating the classification of goods and specifying those
that are to be charged for at special rates;
(c for regulating the conduct of the railway officials
(f) for fixing the charges to be made for the conveyance of
passengers and goods by the railway, and for granting exemptions
from such charges;
(g) for regulating the conditions on which the administration
will cari. iseases,
1 y persons suffering from infectious or contagious di
and providing for the disinfection of carriages which have been used
1~
for such purposes or for carrying corpses
(h) 'for regulating the terms and conditions on which the
administration will warehouse or retain goods at- an-,, station
on behalf of the consignee or owner;
(i) for regulating the sale of all tickets, and appointing agents of
the railway to sell such tickets upon commission or otherwise;
(j) generally, for regulating the travelling upon, and the use,
working, and management of the railway.
(2) The rules may provide that any person committing any
breach thereof shall be liable, on summary conviction, to a fine not
exceeding 25 dollars.
As amended by No. 44 of 1911, No. 50 of 1911, -NZo. 12 of 1912,
No. 13 of 1912 and No. 43 of 1912 Supp. Sched.
(3) The administration shall keep at each station a copy of the
general rules under this section and shall allow any person
to inspect it at all reasonable times.
31-(1) The administration shall determine the maxin-tum load
for every wagon or truck in its possession and shall exhibit the load
so determined in a conspicuous manner on the outside thereof.
(2) Every person owning a wagon or truck which passes over the
railway shall similarly determine and exhibit its niaxinium load.
(3) The gross weight of any such wagon or truck bearing upon
the axles when it is loaded to such maximum load shall not exceed
such limit as may be approved by the administration for the class of
axle.
34. The administration shall fix, subject to the approval of the
Govern or-in-Council, the maximum nurriber of passengers which
may be cariled in each compartment of every description of carriage,
and shall exhibit in English and in Cbinese sneb number in
a conspienons mariner inside or outside each coinpartment.
35-(1)The manager may on sufficient cause to him appearing
and subject to the provisions hereinafter contained,' summarily
dismiss any railway official who is not on the permanent establish-
ment of the Colofiv and who is not iinder written agreement, or
may suspend any such official from the performance of his duties;
provided that every official so disinissed or suspended shall have the
right of appeal to the Governor, and should such suspension or dis-
missal be confirmed the official if suspended shall be. thereupon
dismissed from the service of the railway, or, if already dismissed by
the manager, shall be deemed to bc finally dismissed without further
appeal.
(2) The manager may make such by-laws as lie shall think fit for
regulating the conduct of the officers and servants employed on the
railway. A copy thereof shall be given to every officer and servant
affected thereby.
(3) The manager may by such by-laws impose such reasonable
penalties upon all persons being officers or servants employed on the
railway offending against them as he may think fit, not exceeding
in any one month 7 days' pay. Any officer or servant aggrieved
As amended by No. 12 of 1912 and No. 13 of 1912.
As amended by No. 50 of 1911, No. 12 of 1912 and No. 13 of 1912.
by any such penalty as aforesaid may appeal to the Governor, whose
decision shall be final.
(4) The imposition of penalties tinder sub-section (3) hereof upon
any officer or servant employed on the railwya shall (subJect to the
appeal hereinbefore provided for) be wholly within the discretion
of the manager, and should it appear to the manager that the
offence or misconduct in respect of which any such penalty shall
have been incurred would be better dealt with by a criminal
prosecution such prosecution may be instituted in lieu of the
imposition of any such penalty.
(5) This section shall not apply to anyofficial who is in
receipt of a salary of &
36. No person, unless exempted from the payment of fare by or
under ally general rule made under section 3.2. shall enter any
carriage used on a railway or any steamer belonging to the adrilinis-
tration for the purpose of travelling therein without haviDg first
paid his fare and obtained a ticket. Every person not so exempted
desirous of travelling on the railway shall upon paynierit of his fare
be furnished with a ticket specifying the class of carriage for and
the station.from and the station to which the fare his been paid,
and shall when required show his ticket to any railway official duly
authorised to examine the same, and shall deliver up such ticket
upon demand to any, railway official duly authorised to collect
tickets. Any person not so exempted not producing or delivering
up his ticket as aforesaid shall be liable to pay the fare from the
phice whence the train or steamer originally started unless he can
prove that he has travelled a less distance, in which case he shall
be liable to pay the fare only from the place whence he- has
travelled.
37. The fare or freight paid for the conveyance of passengers or
goods respectively shall -be deemed to be accepted only upon
condition that there be room in the train. Tn case there is not
room for all the passengers or goods those passengers who have
tickets for the longest distance shall have the preference, and those.
who have tickets for the same distance shall have the preference
according to the order in which they have received their tickets :
and the like order sha11 be observed as to goods. Provided that all
As ,illlei'ide,(1 by ~,o. 44 of 1911 wid i,-,,o. 12 of 1912.
+ As amendel ~y ',,.o. 12 of 1912 and No. 13 of 1912.
officers and troops on duty and all other persons travelling on the
business of the Government shall be entitled to priority over the
public without reference to the distance for whicb or the order in
which they have received their tickets.
2.8. Any person who shall defraud or attempt to defraud the
administration by travelling or attempting to travel upon the
railway without haveing previously paid his fare, or by riding in or
upon a carriage of a higher class thall that for which lie has paid
his fare, or by continuing his journey in or upon any of the carriages
beyond the station for which he has paid his fare without having
previously either paid the fare for the additional distance or obtained
the sanction of the station master or guard of the train, or who shall
knowingly and wilfully refuse or neglect on arriving at the station
to which he has paid his fare to quit such carriage and rail-
way premises, or who shall transfer or profit by the transfer of the
return half of any ticket obtained by hirn, or who shall in any other
manner whatever attempt to evade the payment of his fare, shall
be liable, on summary conviction, to a fine not exceeding 20 dollars
for each offence.
39. Any passenger who shall get into or upon or attenipt to get
into or upon, or shall quit or attempt to quit, any carriage upon the
railway while such carriage is in motion, or who shall ride or
atlempt to ride upon the railway on the steps or any other part of
a carriage except on those parts which are intended for the accom-
modation of passengers, shall be liable, on summary conviction, to
a fine not exceeding 10 dollars for each offence.
40; Any person, other than the engineman and fireman and
assistant firenian who, without the special licence of the nianager or
executive officer in charge of the line, shall ride or attempt to ride
upon any locomotive engine or tender upon the railway, and any
person other than the guard or brakesrnan who, without special
permission of the manager or assistant maiia,rer, shall ride or
attempt to ride upon the railway in or upon any luggage van or
goods wagon or other vehicle not appropriated to the carriage of
passengers, shall be liable, on summary conviction, to a fine not
exceeding 20 dollars for each offence.
As amended by No. 30 of 1911, No. 12 of 1912 and No. 1,3 of '912.
+ As amended by No. 30 of 1911.
As amended by No. 30 of 1911 and No. 12 of 1912.
41. Every person who shall smoke or shall chew tobacco, opium,
or other like substance either inside a walting, room or in or upon
any of the carriages belonging to the railway which may be
specially provided for females or non-smoker or shall expectorate
in any waiting room or in or upon any railway carriage or upon any
railway platform, shall be liable, on summary conviction, to a fine
not exceeding 10 dollars for each offence ; and if any person persist
in infringing this section aftei. being warned to desist by any railway
official or passenger stich person, in addition to incurring the
liability above mentioned, may be removed by any such official from
any such carriage and from the railway premises and, further, shall
forfeit his fare.
42. Any person who shall be in a. state of intoxication or be in
sufficiently or indecently clad, or who shall commit any nuisance
or act of indecency in any railwaY carriage or upon any part of the
railway premises or who shall wilfully and without lawful execuse
interfere with the comfort of any passenger on the railway shall, on
surninars' conviction, be liable to a fine not exceeding .20 dollars,
and to mprisonment for any terni not exceeding 3 months, and,
further, the offender rtiax be removed bu any railway official from
any such carriage and also from the railway preinises and further
shall forfeit his fare.
43. AnY passenger may be directed bY a station master, guard,
or ollier railway official to enter and travel in any carriage or com-
partnient which such railwaY official may indicate not being of a
lower class than that for which lie has paid his fare, and
any passenger refusing or neglecting to conform to such direction
may be removed by any railway official from the railway premises
and further shall forfeit his fare.
44. If an special carriage or portion of a, carriage or any private
room or appartment shall be provided for the exclusive use of
females any male person who, without lawful excuse, shall enter
therein knowing the same to be so appropriated or shall remain
therein after having been informed of its appropriation, or if any
special carriage or compartment has been reserved for the private
As amended bv No. 30 of 1911 , No. 13 of 1912 and No. 43 of 1912
Supp. Sched.
As amended by No. 30 of 1911 and '-No. 13 of 1912.
As amended b v No. 13 of 1912.
As amended by No. 30 of 1911, NO. 50 of 1911, No. 12 of 1912 and
NO. 13 of 1912.
use of any person and anyone, without lawful excuse, shall enter
therein knowing the same to be so reserved, or shall remain therein
after being requested to leave, or if any person who has obtained a
ticket of one class shall knowingly and wilfully refuse or neglect to
leave any room or place set apart for passengers of a higher class,
such person may be forthwith removed therefrom and also from the
railway premises by any railway official and shall, on summary
conviction, be liable to a fine not exceeding -50 dollars and, further,
shall forfeit his fare.
45. If any person shall fall to pay on dernand any sum due for
the conveyance of any goods on a railway it shall be lawful for the
inanager to detain all or any part of such goods or if the saine shall
have been removed from the railway premises any otber goods of
such person which may be therein or shall thereafter come into the
possession of the administration, and it shall be lawful for
the manaker after reasonable notice to such person to sell by public
auction a sufficient quantity of such goods to realise the sum
payable as aforesaid and all charges and expenses of such detention
and sale, and out of the proceeds to retain the said sums rendering
the surplus, if any, and such of the goods as shall remain unsold to
the person entitled thereto: or the manager may recover any such
sums by action at law. The goods of passengers may also be
detained and sold and the proceeds disposed of as above provided for
non-payment of the fare due by them.
46. The owner or person having the care of any goods which shall
have been carried upon a railway or sball be brought to the railway
premises for the purpose of being carried on the railway shall on
demand---byany railway official deliver to him an exact account in
writingesigned by him of the number or quantity and description of
such goods. This provision shall not apply to passenger's luggage.
47---If any such owner or person as aforesaid shall on demand by
any railway official fall to give such acdount or if he shall wilfully
give a false account, he shall for every such offence be liable, on
summary conviction, to a fine not exceeding 20 dollars for every ton
of goods, and not exceeding 10 dollars for any quantity less than
a ton.
As amended by No. 12 of 1912 and No. 13 of 1912.
As amended by No. 13 of 1912.
As amended by No. 30 of 1911 and No. 12 of 1912,
48.-(1) No person shall carry or cause to be carried upon a
raAway any dangerous goods as defined by section 2 of Ordinance
No. 1 of 1873, or any goods which inay be declared dangerous or
offensive by any general rule niade under section 32 of this Ordi-
nance, except in accordance with the provisions of any general rule
niade under the last mentioned section.
(2) If any person shall carry upon or deliver for carriage by the
railway any such dangerous goods without distinctly declaring the
nature of the same lie shall be liable, on summary conviction, to
a fifie not exceeding 100 dollars.
(3) It shall be lawful for any railway official to refuse to carry
any luggage or parcel vessel or package that may be suspected to
contain dangerous or offensive goods and to require the same to be
opened, and in case any such luggage or parcel vessel or package
shall have been received for the purpose of being carried on the
railway it shall. be lawful for any railway official to stop the transit
thereof until. lie is satisfied that the nature and contents of
the luggage or parcel vessel or package axe not dangerous or
offensive.
49. If any person. knowingly stifiVering from leprosy, small-pox, or
other contagius or infectious disease shall travel by the railway
except in accordance with any rules made in that behalf he shall be
liable, on summary conviction, to a fine riot exceeding 250 dollars
and if any person whilst travelling be discovered to be so suffering it
shall be lawlid for any railway official to remove hini from the
carriage and froin the railwav preinises at, the first opportunity, and
.such person inay in addition to any fine, be ordered to pay the
ainotint of any expenses incurred in the disinfection of any carriage
or portion of a carriage occupied by him while so travelling. Any
such carriage or portion of a carriage shall be properly disinketed as
soon as practicable and shall not be used for the conveyance of
passengers till it has been so disinfected.
50. Any person who shall trespass upon a railway or upon any of
the lands, stations or other preinises appertaining thereto shall be
liable, on summary conviction, to a fine not exceeding 10 dollars,
and if any such person shall refuse to leave the railway or premises
on being requested to do so, by any railway official he may
As amended b ' v .1,o. 80 of 1911, No. 44 of 1911, No. 8 of 1912,
NO. 12 of 1912 and No. 13 of 1912.
As anjended bY No. 30 of 1911 and No. 12 of 1912.
As ainended by No. 30 of 1911, No. 12 of 1912 and No. 13 of 1912.
be immediately removed therefrom and shall be liable, on summary
,conviction, to a fine riot exceeding 20 dollars.
51. Any person who wilfully rides, leads, or drives upon or across
a railway any animal except in directly crossing the railway at any
road or place appointed for that purpose at a tinie at which lie
may lawfully do so, or who tethers any animal upon or within
reach of any railway shall, on, sunnuary conviction, be liable to a
fine not exceeding 20 dollars for each offence.
52. Ally person who wilfully alters or defaces his pass or ticket
so as to render the date munber or any material portion thereof
illegible shall be liable, on summary- conviction, to a fine not ex-
ceeding 50 dollars.
53. Any person who wilfully obstrncts or impedes any railwav
servant, in the discharge of his duty shall bc liable, on summary
conviction, to a fine not exceeding 100 dollars.
54. It shall be lawful for the Governor to declare by notification
any road or patb which a railway may cross to be an occopation
crossing '. All occupation crossings shall be used subject to such
rules as the Governor-in-Council inav make in that behalf. The
following provisions are subject to be modified by such rules as
aforesaid. 'The gates of occupation crossings are not to close. across
the railway and are to be kept locked by means of padlocks the keys
of which shall be kept by railway officials. Any person desiring
to use the same must give reasonable notice of Ins intention to do
so to the station inaster of the nearest. station. Cattle passing over
the ocenpation crossing inust not be driven but led by a suitable
and properly secured halter. Any person using attempting to
use air occupation crossing without such notice, and any person
causing cattle to cross without such halter, and the owner of
cattle so crossing shall be liable, on summary conviction. to a fine
not exceeding 20 dollars, or to imprisonment for any term not
exceeding 3 months.
55. The owner of any aninial wbich shall trespass or stray upon
the railway or upon any railway lands (such railway or lands being
As ainerided by -\,o. 30 of 1911, No. 12 of 1912 and No. 13 of 1912.
As amended by No. 30 of 1911, No. 50 of 1911, No, 12 of 1912 and
No. 13 of 1912.
As ainended by No. 13 of 1912 and No. 43 of 1912 Supp. Sched.
provided with suitable fences for excluding cattle) shall be liable
on summary conviction, to a penalty not exceeding 5 dollars for
each animal, and it shall be lawful for any railway official to take or
drive every animal which shall be found so trespassing to the
nearest police station there to be detained until the highest amount
of penalty incurred by such trespass and the expense of feeding and
keeping the animal be paid, or until a -Magistrate shall otherwise
order. Should the animal prove unmanageable it shall be lawful
for any railway official to kill it and the owner shall be liable
to prosecution and fine if the trespass be proved. -A Magistrate
may upon proof of the trespass cause such animal to be sold
by public auction and the proceeds of the sale, after deducting
therefrom such fine as the _Magistrate shall award, and such further
sum as the Magistrate shall order to be paid for the expenses of
detaining, feeding, and selling such animal, shall be returned to
the owner of the animal on deniand.
56. Any person who unlawfully and wilifully removes or defaces
any nuniber-plate, or removes or extinguishes any lamp on any
carriage or signal-post belonging to the railway, or who wilfully
imitates any railway signal, or wilfullyor or negligently damages or
injures any cariage, engine, wogon, truck, station, warehouse,
bridge, building, machine, rail points, fence, or any other matter or
thing belonging to the railway, shall be liable, on summary con-
viction, to a fine not exceeding 100 dollars or to imprisonment for
any term not exceeding one year.
57. If any person for whose use or accommodation any gate or
chain- has been set up by any railway official on either side of the
railway, or if any other person, opens such gate or chain or passes
or attempts to pass or drives or attempts to drive any cattle,
carriage, or other animal or thing across the railway at a time when
any engine or train approaching along the same is in sight, or at
any time omits to shut and fasten such gate or chain as soon as he
and any cattle, carriage, or other animal or thing tinder his charge
have passed through the saine, he shall be liable, on summary con-
viction, to a fine not exceeding -50 dollars.
58. Any railway official who shall be in a state of intoxication or
under the influence of opium, compound of opium, morphine or any
other narcotic, whilst actually employed upon the railway or any
* As amended by No. 30 of 1911, No. 12 of 1912 and No. 18 of 1912.
of the works connected therewith `in the discharge of any duty, and
any railway official who negligently omits to perform his duty, or
performs the same in an umproper manner, shall be liable, on
summary conviction, to a fine not exceeding 20 dollars, and if the
duty be stich that the ornission or negligent performance thereof
would be likely to endanger the safety of any person travelling or
being upon the railway, he shall be liable to imprisonment for any
term not exceeding one year and to a fine not exceeding 100 dollars.
59. If any person rashly or negligently and without lawful excuse
does any act which is likely to endanger his own safety or that of
any person travelling or being upon the railway be shall, on
summary conviction, be liable to imprisonment for a terir, not
exceeding 6 months, and to a fine not exceeding -50 dollars.
60. Any person who wilfully does any act which is forbidden, or
neglects to do any act which is required by any rules frarned under
this Ordinance and for which no penalty is specially provided, sball
be liable, on summary conviction, to a fine not exceeding 10 dollars.
61. Any person who commits any offence under this Ordinance
may be lawflilly apprehended, without any warrant or written
authority, by any railway official or by any other person whoni such
railway official shall call to his aid or by any police officer, and every
person so apprehended shall with all convenient despatch be taken
before a Magistrate to bc dealt with according to law.
62. In the constmetion of this Ordinance every railway official
shall be legally bowid to do everything necessary for or conducive
to the safety of the pliblic, and everY such oflicial shall be legally
prohibited from doing every act which is likely to cause danger.
63. In case of any summary conviction under this Ordinance a
Magistrate may order the ofFender to pay the costs of such conviction
in addition to any penalty or expenses to which he may be liable.
Such costs may be assessed by the Magistrate and inay be levied and
recovered in the same nianner as any penalty imposed under this
Ordinance.
64. In every case in which any person shall be liable under this
Ordinance to pay any sum of money, damages, or expenses, the
As amended by No. 30 of 1911, No. 12 of 1912 and No. 13 of 1912.
As ~mended by No. 30 of 1911 and No. 12 of 1912.
As amended by No. 13 of 1912.
#I As amended by No. 12 of 1912.
same may be levied and recovered in the same manner as
any penalties under this Ordinance, and if necessary the amount
thereof may be fixed and assessed by a 'Magistrate bJore whom the
case shall be tried.
Is. 6.5, rel). 43 of 1912 Supp. Sched.1
66. The payment of any fare for wInch ans, passsenger not pro-
ducing or delivering up his ticket is llable, inay be. enforced in the
sanie nianner as any fine imposed by this Ordinance.
67. A copy of this Ordinance and of the rules, time tables, and
tariff of charges in respect of the raliway which shall be duly made
and publishe 1 shall be exhibited in soineplace at each
station so that they may be easily seen and read, and all such docu-
ments shall be so exhibited in English. There shall also be ex-
hibited in like manner within and also withoot each station a
schedule in English and Chinese of all offence-, punishable under
this Ordinance and of the penalties attaching to each offence respec-
tively.
68. Any person who wilfully or maliciously renioves, defaces, or
in any way injures any document exhibited by the rallway autbori-
ties as required by the last or any notice or document posted
by thern at the station or anywhere upoil the rallway, shall be liable,
on summary conviction, to a fine not exceeding 20 dollars, or to
for ally terni riot exceeding :3 inwiths.
SCHEDT'LE.
ARTICEE's' TO BF DHICIARED AND Is. 24.1
(a) gold andcoined or uneoilied, manufacured or unmanufae-
tured;
(b) plated articles;
(c) clotlis. and tissue and lace of which gold or silver forms part, not
being the uniform or part of the uniform of an oflicer, soldier, sailor,
police officer, or of any public officer entitled to svear uniform
(d) pearls, precious stones, jewellery mid trinkets:
(c) watches elocks and flinepieces of anv description;
(f) Government securities;
As ainended by No. 50 of 1911 and No. 12 of 1912.
As ainended by No. 30 of 1911, No. 50 of 1911, No. 13 of 1912 and
No. 43 of 1912 Supp. Sched.
(g) Government stamps;
(h) bills of exchange, promissory notes, bank notes, and orders or
other securities for pa ' yment of money;
(i) maps, writings and title-deeds;
paintings, engravings, lithographs, photographs, carvings, sculp-
Lure, and other works of art;
(k) art pottery and all articles made of glass, Chin't or marble,
(1) silks in a manufactured or unmanufactured state, and whether
wrought up or not wrought up with other materials;
(m) shawls;
(n) lace and furs.
(0) opium;
(p) ivory, ebony, coral, and sandawood
(q) inusk, sandalwood-oil, and other essential oils used in the pre-
paration of perfume;
(r) musical and scientific instruments;
(s) any article of special value which themay,
by notification, add to this schedule.
Short title. Interoperation of terms. Powers of Assistant Manager or Assistant Engineers. Custody and administration of railways. Appointment of officers. Sanction by Governor-in-Council of railway construction. No.10 of 1900. Authority to execute all necessary work. Construction of inclined planes. Etc. Alteration of the course of rivers. Etc. Construction of drains or conducts. Erection of buildings, etc. Alteration or discontinuance thereof. Other necessary works. Control of Governor-in-Council. alteration of pipes, wires and drains. Temporary entry upon land for repairing or preventing accident. Power to enter lands. Maintenance of crossings, bridges, arches, culverts, etc. Exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. Costs. Penalty for interference with railway works. Removal of trees obstructing the working of a railway. Right to use locomotives. Certificate to Governor-in-Council prior to opening of railway. Actions against the administration how brought. No.58 of 1911. No.3 of 1901. Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administration confined to carriage within the Colony. Liability for loss or injury in respect of goods. Provision as to liability in respect to carriage of certain animals. Charge on increased risk. Liability as to passenger's luggage. Liability as to articles of special value. Compensation recoverable not to exceed the value declared. Declaration of contents of parcel. Exemption. Burden of proof in respect of loss of animals or goods. Notification of claims to refund of overcharges and compensation for losses. Exoneration from responsibility in case of goods falsely described. Report of accidents. Power to make rules regarding notices, etc. Penalties for failure to comply with ss. 28 or 29. Compulsory medical examination of person injured in railway accidents. General rules. Penalty for breach of any rule. Copy of general rules to be kept at each station. Maximum load for wagons and trucks. Maximum number of passengers. Powers of Manager as to punishment of trail way officials. By-laws regulating the conduct of officers and servants. Imposition of penalties, and right of appeal to Governor. Discretion of Manager as to prosecution. Limitation. Fares to be Prepaid. Passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Penalty for fraud. Fine for entering carriage in motion or riding on the steps. Fine for riding on engine tender or luggage van. Where smoking and chewing prohibited. Penalty for intoxication or nuisance. Passengers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage. Remedy for non-payment of sum due for carriage of goods; and for non-payment of fare. Written account of goods to be given on demand. Penalty for giving no account or false account. Carriage of goods of a dangerous or offensive nature. Persons suffering from leprosy., etc., not allowed to travel. Penalty for trespass. Penalty for driving an animal upon or across a railway. Penalty for defacing pass or ticket. Penalty for obstructing railway servant. Occupation. Crossings. Liability of owner of animal trespassing. Penalty for injury to carriage, etc. Penalty for opening or not properly shutting gates or chains. Penalty for drunkenness or breach of duty by railway official. Penalty for negligent act. Breach of rules. Apprehension of offenders. Rules for the construction of the Ordinance. Liability of offenders to pay costs of conviction. Recovery of money due damages and expenses. Enforcing payment of fare. Copy of Ordinance to be shown at railway stations. Penalty for removing documents or notices.
To regulate the construction and management of Railways.
[16th July, 1909.]
WHEREAS it is expedient that provision should be made for the con-
Struction and inanagement of within the Colony:
1. The Railways Ordinance, 1909.
2. In this Ordinance
'Railways 'means a railway or any portion of a railway for the
public carriage of passengers, aninials, or goods, and includes-
(a) all land with the fences or other boundary marks indicating
the limits of the land appurtenant to a railway;
(b) all lines of rails, sidings, or branches worked over for the
purposes of or in connection with a railway;
As ainended b), No. 50 of 1911 and No. 12 of 1912.
(c) all stations, offices, warehouses, wharves, workshops, manu-
factories, fixed plant, and machinery, and other works constructed
for the purposes of or in connection with a railway; and
(d) all ferries, ships, boats, and crafts which are used for the
traffic of a railway and belong to or are hired or worked by
the authority administering the railway;
---Manager---means the person appointed by the Governor to act
as manager of a railway;
Assistant manager--- means the person appointed by the Goy-
ernor to act as assistant manager ol arailwa.,
Railway official ' includesanY inaliager or assistant manager
and all such officers, servants, agents, and other persons as may be
c
employed to do any act upon or in connection with a railway,
---The administration ' ineans the mariager or such other person
as the Governor may appoint to conduct the affairs of any railway.
So long as any railway is in cotirse of construction it means the
chief resident enulneer or such other person as the Gover-nor may
appoint to supervise. the said construction.
Is. 3, Tel), No. 8 of 1919.]
. 4. All duties and powers hereinafter required to be performed
and exercised by the inanager or by the chief resident engineer shall
and may, in the absence of the iiianager or of the chief resident
engineer, be performed and exercised by in assistant manager or
by an assistant engineer.
5. The administration shall have the custody and administration of
all railways sub'ect to the general authority of the Governor-in
j
Council.
6. The Governor shall appoint suitable officers to carry out the
provisions of this Ordinance, such officers to be under the control
of the administration, subject to the general authority of the
Governor.
7. The Governor-in-Council may authorise the construction of
any railway within the Colony, and the Governor may acquire under
the provisions of the Crown Lands Resumption Ordinance, 1900,
such lands as he may deem necessary for the purposes of such rail-
way.
* As arnended by No. 12 of 1912.
Construction.
8. For the purpose of constructing any such authorised railway,
the administration may-
(a) make or construct in, upon, across, under, or over'any lands
or any streets'. hills, valleys, roads, railways or tramways, or any
rivers, canals, brooks, streams, or other waters, or any drains,
water-pipes, gas-pipes, electric wires, or posts,.such temporary or
permanent inclined planes, arches, tunnels, culverts, embankments,
con-
aqueducts, bridges, roads, lines of railway, ways, passages,
dults, drains, piers, abutments, cuttings, and fences as the adminis-
tration thinks proper ;
(b) alter the course of any rivers, brooks, streanis, or water-
courses, for the purpose of constructing and maintaining tunnels,
bridges, passages or other works over or under them ; and divert,
widen, narrow, or alter, as well temporarily as permanently, the
course of any rivers, brooks, streams, or water courses, or any roads,
streets, or ways ; or raise or sink the level thereof in order the more
conveniently to carry them over or under or by the side of the rail-
way as the administration thinks proper;
(c) make drains or conduits into, through, or under any lands
a, j 1 1 1 1
conveniences the railway for the purpose of conveying water to or from
the railway;
(d) alect and construct such houses, warehouses, offices, and
other buildings, and such yards, stations, wharves, engines, machi-
nery, apparatus, and other works and conveniences as the adminis-
tration thinks proper;
(C) alter, repair, or discontinue such buildings, works and
conveniences as aforesaid or any of them and substitute others in
their stead; and
do all other acts necessary for making, maintaining, altering,
or repairing, and using the railway.
The exercise of the powers conferred on the administration by
this section shall be subject to the control of the Governor-in-
Council.
9. The administration may for the purpose of exercising the
powers conferred on it by this Ordinance alter the level or position
As amended by No. 12 of 1912.
As amended by No. 50 of 1911 and No. 12 of 1912.
of any pipe, conduit, drain, electric wire or post, provided that it
shall give reasonable notice of its intention to do so to the person
under whose control such pipe, conduit, drgin, electric wire, or post
is. The administration shall execute the work to the reasonable
satisfaction of such person.
10-M The Governor-in-Council may authorise the adminis-
tration in case of any slip or other accident happening or being
apprehended to any cutting, embankment or other work under the
control of the administration to enter upon any lands adjoining its
.railway for the purpose of repairing or preventing the accident, and
to do all such works as inay be.necessary for the purpose.
(2) In case of necessity the administration may enter upon the
lands and do the works aforesaid without having the previous
sanction of the Governor-in-Councill but in such a case shall within
72 hours after such entry make a report to the Governor-in-Counell
specifying the nature of the accident, or apprehended accident and
of the works necessary to be done, and the power conferred on the
administration by this sub-section shall cease and determine if the
Governor-in-Council considers that the exercise of the power is not
necessary for the public safety.
11. The administration shall make and maintain for the accom-
modation of the owners and occupiers of lands adjoining any
railway,-
(a) convenient crossings, bridges, arches, culverts, and passages
over, under, or by the sides of, or leading to or from such railway
for the purpose of making good any interruptions caused by the
railway to the use of the lands through which such railway is inade:
and
(b) arches, tunnels, culverts, &ams, water-courses, or other
passages over, or under, or by the sides of the railway for the
purpose of conveying water at all times as freely from or to such
lands as before the making of such railway or as nearly as may be.
Provided that
(c) The administration shall Dot be required to make any accom-
modation works in such a manner as would prevent or obstruct the
working or using of the railway or to make any accommodation
works With respect to which the occupiers of the land have agreed
As amended by No. 12 of 1912,
to receive and'have been paid compensation, or to make any
accommodation works with respect to which the owners or occupieis
have made no representations during the tline that the section of
the railway affected was in course of construction.
(d) Where the administration has provided suitable accorn-
modation for the crossing of a road or stream and the road or stream
is afterwards diverted by the act or neglect of the person having the
control thereof, the administratlion shall not be compelled to provide
other accommodation for the crossi.ng of the road or stream.
12. No action or suit shall be brouAt or maintained against the
Crown or against the administration, or against any person for
compensation or for any loss or daniage resulting to any person by
reason of the construction of any railway works; but if any person-
considers himself to be entitled to compensation In respect of any
land or property adjoining a railway, or of any interest therein
which has in his opinion been injuriously affected by the construc-
tion of such works, he may, if no agreement has been conic
to between himself and the adininistration, forward to the Colonial
Secretary a claim for compensation, which claim shall be determined
in the following manner :-
t (a) There shall be two arbitrators, one of whom shall be,
S.
nominated by the Governor and the other by the person claiming
compensation.
(b) The tw,o arbitrators so nominated shall view the land or
property in respect of which such conipensation is claimed with the
object of deciding what sum should in the circuinstances of the case
be awarded as cortipensation, and if the said arbitrators agree as to
the aniount their decision shall be final. In case of disagreement
they shall, and at any stage of the arbitration they may, refer the
matter in dispute to a, Puisne Judge in Chambers as umpire and his
decision shall be final.
(c) The decision of the arbitrators or the umpire, as the case may
be, shall be forwarded in writing to the Colonial Secretary.
(d) Where the amount of compensation, if any, is determined
by the arbitrators each party shall pay the costs incurred by him in
respect of the matter of the arbitration, but if the matter in dispute
is referred to the Puisne Judge the costs of and incident to
As amended by No. 12 of 1912, No. 13 of 1912, No. 27 of 1 912 and
No, 43 of 1912 Supp. Sched.
the arbitration and the enquiry by the Puisne Judge shall be in the
discretion of the said Judge.
Provided that the Goverrior-in-Council shall as soon as may be
after the commencement of the construction of any railway works
by notification in the Gazette fix a date after which no claim for
compensation shall lie.
13. Every person who, without lawful excuse, wilfully does
any of the following things, namelY, interferes with, removes, or
alters any part of a railway or of the works connected therewith,
shall, on summary conviction, be liable to a fine not exceeding 2.5
dollars, in addition to any proceedings to which he may be liable
by way of indictment or otherwise.
14.-(1) In either of the following cases,
(a) where there is danger that a tree standing near a railway
may fall on the railway so as to obstruct traffic ;
(b) when a tree obstructs the view of any fixed signal
the administration may, with the permission of any Magistrate fell
the tree or deal with it in such other manner as will in the opinion
of the administration avert the danger or remove the obstruction,
as the ease may be.
(2) In case of emergency the power inentioned in sub-section (1)
may be exercised by theadministration without the permission of
a Magistrate.
(3) A Civil Court shall not entertain a sult to recover compensa-
tion for any tree felled or otherwise dealt with mider this section.
Opening of the Railway.
15. The administration may use upon any railway locomotive
engines or other motive power and rolling stock to be drawn or
propelled thereby.
16. No railway shall be opened for the public carriage of
passengers until the Chief Resident Engineer has certified in
writing to the Governor-in-Council that-
(a) he has made a careful inspection of the railway and rolling-
stock ;
As amended by No. 30 of 1911 and No. 12 of 1912.
As amended by No. 12 of 1912.
As amended by No. 12 of 1912 and No. 43 of 1912 Supp. Sched.
(b) the works and rolling-stock are in a soucd condition ;
(c) in his opinion the railway can be opened for the public
carriage of passengers without danger to the public using it.
Legal Proceedings.
17. All actions and suits which if the railway were the property
of a company under ' the Companies Ordinance, 1911, having its
registered office in the Colonv, inight be brought by and against
such company may be brought by and against the inanager, any
thing in the Code of Civil Procedure to the contrary notwithstarid
ing, and for the purpose of all such actions. and suits the lands,
building rolling stock, and propertil appertaining to the
v'Iway shall be deenied to be the property of the manager.
18-(1) None of the rolling stock, machinery, plant, tools,
fittings, niaterials, or effects used or provided by the administration
for the purpose of traffic on any railway or of its stations or
workshops shall be liable to be taken in execution of any decree or
order of ally Court or person having by lais. power to attach
or distrain property or otherwise to cause property . to be taken in
execution.
(.2) Nothing. in Sub-Section (1) is to be construed a., affecting
the authority of any Court lo attach the earnings of a railway in
execution of a judgment or order.
19.- (1) Any summons, notice, order, or other document re
quired to be served upon the manager mas. be served by leaving the
same or sendling it through the post by a registered letter addressed
to the said manager at the principal office of the administration.
(2) Where a summons, notice, order, or other document is
served by post it shall be deemed to have. been served at the time
when the letter containing it would be delivered in the ordinary
course of post, and ill proving such service it shall be sufficient to
prove that the letter containing the document was properly
addressed and registered.
PA esponsi bill ty of the Ad,)iiinistratioti as Carriers,
20. The administration shall not be liable for loss, injury, des-
truction, or deterioration of animals or goods delivered for carriage
As amended by No. 13 of 1912.
As amended by No. 12 of 1912.
As amended bY No. 12 of 1912 and No. 13 of 1912.
by the railway unless such loss, injury, destruction, or deterioration
shall have occurred within the Colony, and in any suit against the
administration for compensation in respect thereof the burden of
proving.such fact shall lie upon the person claiming compensation.
21. The administration shall in no case be liable for loss or injury
to any articles or goods to be carried by the railway unless it shall
have been caused by negligence or misconduct oil the part of its
agents or servants, and unless the articles or goods in respect of
which compensation is claimed shall have been booked and paid for
in conformity with this Ordinance.
21-M The responsibility of the administraion for the loss,
destruction, or deterioration of animals delivered to be carried oil
the railway shall not in any case exceed, in the case of horses 3.30
dollars a head, in the case of iinfles, donkeys, or horned cattle, 100
dollars a head, in the case of sheep, goats, dogs, or other animals,
20 dollars a, head, unless the person sending or delivering thern
caused them to be declared or declared tbent at the time of thear
delivery to be respectively of higher valne.
(2) Where such higher value has been declared the adminis-
tration may charge in respect of the increased risk a percentage
upon the excess of the value so declared over the respective sums
aforesaid.
23. The administration shall not be responsible for the loss,
destruction, or deteriration of any passenger's lug-age unless it
has been delivered into the existod 0 -
24-(1) When any articles mentioned in the scliedule are con-
tained in any parcel or package delivered to the administration for
carriage by railway and the value of such articles exceeds 100 dollars
the administration shall not be responsible beyond that slim for
the loss, destruction, or deterioration of the articles in the parcel
or package unless the person sending or delivering it caused
its value and contents lo be declared or declared them at the time
of its delivery, and if so required paid or enpored to pay a
percentage on the value so declared in respect of the increased risk.
(2) When any parcel or package of which the value has been
declared under sub-section (1) has been lost or destroyed or has
* As amended bv No. 12 of 1912 and No. 13 01 1912.
t As amended by _No. 12 of 1912.
deteriorated, the compensation recoverable in respect thereof shall
not exceed the value so declared, and the burden of proving it to
have been the true value shall, notwithstanding anything in the
declaration, lie on the person claiming the compensation.
(3) The administration may make it a condition of carrying a
parcel declared to contain any article mentioned in the schedule
that the railway servant authorised in this behalf has been satisfied
by examination or otherwise that the parcel actually contains the
article declared to be therein.
(4) This section shall not apply to any parcel carried by the
railway for any postar authority.
25. In any suit against the adininistration for compensation for
loss, destruction, or deterioration of animals or goods delivered for
carriage by railway, it shall not be necessary for the plaintiff to
prove how the loss, destruction, or deterioration was caused; but
the burden of proving the. value of the annitals or goods, and where
the,,saine have been injured, the extent of the injury, shall lie upon
the clainiant.
26. A person shall not be entitled to a refund of an overcharge
in respect of any or goods carried by a railway or to compen-
sation for the loss, destruction, or deterioration of animals or goods
delivered to be so carried unless his claim has been preferred in
writing by han or on his behalf to the administration within
6 months from the date of delivery of the animals or goods
for carriage.
27. Notwithstanding anythint in the foregoing provisions the
administration shall not be responsible for the loss, destruction, or
deterioration of any goods with respect to the description of which
an account materially false has been given by the owner or person
having charge thereof, if the loss, destruction, or deterioration is in
any way brotioffit about by the false account, and the administration
shall not be responsible in any case for an amount exceeding the
value of the goods calculated in accordance with the description
contained in the false account.
A ccidents.
28. When any of the following accidents ocein. in the working of
any railway.---
As arnended b,~, No. 12 of 1912 and No. 13 of 1912.
f As amended by No. 12 of 1912.
(a) any accident attended with loss of human life or with
grievous bodily harm or with serious injury to property;
(b) any collision between trains one of which is a train carrying
passengers ;
(c) the derailment of any train carrying passengers or any part
of such a train ;
(d) any accident of a description usually attended with loss of
life or with grievous bodily harm or with serious Injury to pro-
perty
(e) any accident of any other description which the Governor-
in-Council rnay notify in this behalf in the Gazette;
the administration. shall without unnecessary delay send notice of
the accident to the Colonial Secretary, and the station master
nearest to the place where the accident occurred, or where there is
no station master the official in charge of that part of the railway
on which the accident occurred, shall give notice of the accident to
the officer in charge of The Governor-in -Council mav make ritles for all or an of
the following purposes:-
(a) for prescribing the forms of the notices mentioned in the last
section and the particulars of the accident which those notices are
to contain ;
(b) for prescribing the class of accidents of which notice is to be
sent by telegraph ii-tiniediately after the accident has occurred ;
(c) for prescribing the duties of railway officials or police officers
on the occurrence of an accident ;
(d) for holding inquiries into accidents.
30. Any station master or railway official who omits to give notice
of an accident as is required by section 28 and the rules under see-
tion 29 shall, on summary conviction, be liable to a fine not
exceeding .50 dollars.
31. Whenever any person injured by an accident on a railway
claims compensation on account of the injury any Court or person
having by law or consent of the parties authority to determine the
claim may order him to be examined by a medical practitioner
As amended bY No. 43 of 1912 Supp. Sched.
As amended by No. 12 of 1912.
As amended by No. 13 of 1912.
named in the order and not being a witness on either side, and may
make any order with respect to the costs of the examination as it or
fie thinks fit.
Managernent.
32._(1) The administration, subject to the approval of the
Governor-in-Council, may rnake general rules for the following
purposes :-
(a,) for regulating the mode in which and the speed at which the
rolling-stock used on any railway is to be moved or propelled;
(b ) for providing for the accommodation and convenience of pas-
sengers and regulating tlie carriage of their luggage;
(c) for declaring what shall be deemed to be for the purposes of
this Ordinance dangerous or offensive goods and for regulating the
carriage of such goods
(d) for regulating the classification of goods and specifying those
that are to be charged for at special rates;
(c for regulating the conduct of the railway officials
(f) for fixing the charges to be made for the conveyance of
passengers and goods by the railway, and for granting exemptions
from such charges;
(g) for regulating the conditions on which the administration
will cari. iseases,
1 y persons suffering from infectious or contagious di
and providing for the disinfection of carriages which have been used
1~
for such purposes or for carrying corpses
(h) 'for regulating the terms and conditions on which the
administration will warehouse or retain goods at- an-,, station
on behalf of the consignee or owner;
(i) for regulating the sale of all tickets, and appointing agents of
the railway to sell such tickets upon commission or otherwise;
(j) generally, for regulating the travelling upon, and the use,
working, and management of the railway.
(2) The rules may provide that any person committing any
breach thereof shall be liable, on summary conviction, to a fine not
exceeding 25 dollars.
As amended by No. 44 of 1911, No. 50 of 1911, -NZo. 12 of 1912,
No. 13 of 1912 and No. 43 of 1912 Supp. Sched.
(3) The administration shall keep at each station a copy of the
general rules under this section and shall allow any person
to inspect it at all reasonable times.
31-(1) The administration shall determine the maxin-tum load
for every wagon or truck in its possession and shall exhibit the load
so determined in a conspicuous manner on the outside thereof.
(2) Every person owning a wagon or truck which passes over the
railway shall similarly determine and exhibit its niaxinium load.
(3) The gross weight of any such wagon or truck bearing upon
the axles when it is loaded to such maximum load shall not exceed
such limit as may be approved by the administration for the class of
axle.
34. The administration shall fix, subject to the approval of the
Govern or-in-Council, the maximum nurriber of passengers which
may be cariled in each compartment of every description of carriage,
and shall exhibit in English and in Cbinese sneb number in
a conspienons mariner inside or outside each coinpartment.
35-(1)The manager may on sufficient cause to him appearing
and subject to the provisions hereinafter contained,' summarily
dismiss any railway official who is not on the permanent establish-
ment of the Colofiv and who is not iinder written agreement, or
may suspend any such official from the performance of his duties;
provided that every official so disinissed or suspended shall have the
right of appeal to the Governor, and should such suspension or dis-
missal be confirmed the official if suspended shall be. thereupon
dismissed from the service of the railway, or, if already dismissed by
the manager, shall be deemed to bc finally dismissed without further
appeal.
(2) The manager may make such by-laws as lie shall think fit for
regulating the conduct of the officers and servants employed on the
railway. A copy thereof shall be given to every officer and servant
affected thereby.
(3) The manager may by such by-laws impose such reasonable
penalties upon all persons being officers or servants employed on the
railway offending against them as he may think fit, not exceeding
in any one month 7 days' pay. Any officer or servant aggrieved
As amended by No. 12 of 1912 and No. 13 of 1912.
As amended by No. 50 of 1911, No. 12 of 1912 and No. 13 of 1912.
by any such penalty as aforesaid may appeal to the Governor, whose
decision shall be final.
(4) The imposition of penalties tinder sub-section (3) hereof upon
any officer or servant employed on the railwya shall (subJect to the
appeal hereinbefore provided for) be wholly within the discretion
of the manager, and should it appear to the manager that the
offence or misconduct in respect of which any such penalty shall
have been incurred would be better dealt with by a criminal
prosecution such prosecution may be instituted in lieu of the
imposition of any such penalty.
(5) This section shall not apply to anyofficial who is in
receipt of a salary of &
36. No person, unless exempted from the payment of fare by or
under ally general rule made under section 3.2. shall enter any
carriage used on a railway or any steamer belonging to the adrilinis-
tration for the purpose of travelling therein without haviDg first
paid his fare and obtained a ticket. Every person not so exempted
desirous of travelling on the railway shall upon paynierit of his fare
be furnished with a ticket specifying the class of carriage for and
the station.from and the station to which the fare his been paid,
and shall when required show his ticket to any railway official duly
authorised to examine the same, and shall deliver up such ticket
upon demand to any, railway official duly authorised to collect
tickets. Any person not so exempted not producing or delivering
up his ticket as aforesaid shall be liable to pay the fare from the
phice whence the train or steamer originally started unless he can
prove that he has travelled a less distance, in which case he shall
be liable to pay the fare only from the place whence he- has
travelled.
37. The fare or freight paid for the conveyance of passengers or
goods respectively shall -be deemed to be accepted only upon
condition that there be room in the train. Tn case there is not
room for all the passengers or goods those passengers who have
tickets for the longest distance shall have the preference, and those.
who have tickets for the same distance shall have the preference
according to the order in which they have received their tickets :
and the like order sha11 be observed as to goods. Provided that all
As ,illlei'ide,(1 by ~,o. 44 of 1911 wid i,-,,o. 12 of 1912.
+ As amendel ~y ',,.o. 12 of 1912 and No. 13 of 1912.
officers and troops on duty and all other persons travelling on the
business of the Government shall be entitled to priority over the
public without reference to the distance for whicb or the order in
which they have received their tickets.
2.8. Any person who shall defraud or attempt to defraud the
administration by travelling or attempting to travel upon the
railway without haveing previously paid his fare, or by riding in or
upon a carriage of a higher class thall that for which lie has paid
his fare, or by continuing his journey in or upon any of the carriages
beyond the station for which he has paid his fare without having
previously either paid the fare for the additional distance or obtained
the sanction of the station master or guard of the train, or who shall
knowingly and wilfully refuse or neglect on arriving at the station
to which he has paid his fare to quit such carriage and rail-
way premises, or who shall transfer or profit by the transfer of the
return half of any ticket obtained by hirn, or who shall in any other
manner whatever attempt to evade the payment of his fare, shall
be liable, on summary conviction, to a fine not exceeding 20 dollars
for each offence.
39. Any passenger who shall get into or upon or attenipt to get
into or upon, or shall quit or attempt to quit, any carriage upon the
railway while such carriage is in motion, or who shall ride or
atlempt to ride upon the railway on the steps or any other part of
a carriage except on those parts which are intended for the accom-
modation of passengers, shall be liable, on summary conviction, to
a fine not exceeding 10 dollars for each offence.
40; Any person, other than the engineman and fireman and
assistant firenian who, without the special licence of the nianager or
executive officer in charge of the line, shall ride or attempt to ride
upon any locomotive engine or tender upon the railway, and any
person other than the guard or brakesrnan who, without special
permission of the manager or assistant maiia,rer, shall ride or
attempt to ride upon the railway in or upon any luggage van or
goods wagon or other vehicle not appropriated to the carriage of
passengers, shall be liable, on summary conviction, to a fine not
exceeding 20 dollars for each offence.
As amended by No. 30 of 1911, No. 12 of 1912 and No. 1,3 of '912.
+ As amended by No. 30 of 1911.
As amended by No. 30 of 1911 and No. 12 of 1912.
41. Every person who shall smoke or shall chew tobacco, opium,
or other like substance either inside a walting, room or in or upon
any of the carriages belonging to the railway which may be
specially provided for females or non-smoker or shall expectorate
in any waiting room or in or upon any railway carriage or upon any
railway platform, shall be liable, on summary conviction, to a fine
not exceeding 10 dollars for each offence ; and if any person persist
in infringing this section aftei. being warned to desist by any railway
official or passenger stich person, in addition to incurring the
liability above mentioned, may be removed by any such official from
any such carriage and from the railway premises and, further, shall
forfeit his fare.
42. Any person who shall be in a. state of intoxication or be in
sufficiently or indecently clad, or who shall commit any nuisance
or act of indecency in any railwaY carriage or upon any part of the
railway premises or who shall wilfully and without lawful execuse
interfere with the comfort of any passenger on the railway shall, on
surninars' conviction, be liable to a fine not exceeding .20 dollars,
and to mprisonment for any terni not exceeding 3 months, and,
further, the offender rtiax be removed bu any railway official from
any such carriage and also from the railway preinises and further
shall forfeit his fare.
43. AnY passenger may be directed bY a station master, guard,
or ollier railway official to enter and travel in any carriage or com-
partnient which such railwaY official may indicate not being of a
lower class than that for which lie has paid his fare, and
any passenger refusing or neglecting to conform to such direction
may be removed by any railway official from the railway premises
and further shall forfeit his fare.
44. If an special carriage or portion of a, carriage or any private
room or appartment shall be provided for the exclusive use of
females any male person who, without lawful excuse, shall enter
therein knowing the same to be so appropriated or shall remain
therein after having been informed of its appropriation, or if any
special carriage or compartment has been reserved for the private
As amended bv No. 30 of 1911 , No. 13 of 1912 and No. 43 of 1912
Supp. Sched.
As amended by No. 30 of 1911 and '-No. 13 of 1912.
As amended b v No. 13 of 1912.
As amended by No. 30 of 1911, NO. 50 of 1911, No. 12 of 1912 and
NO. 13 of 1912.
use of any person and anyone, without lawful excuse, shall enter
therein knowing the same to be so reserved, or shall remain therein
after being requested to leave, or if any person who has obtained a
ticket of one class shall knowingly and wilfully refuse or neglect to
leave any room or place set apart for passengers of a higher class,
such person may be forthwith removed therefrom and also from the
railway premises by any railway official and shall, on summary
conviction, be liable to a fine not exceeding -50 dollars and, further,
shall forfeit his fare.
45. If any person shall fall to pay on dernand any sum due for
the conveyance of any goods on a railway it shall be lawful for the
inanager to detain all or any part of such goods or if the saine shall
have been removed from the railway premises any otber goods of
such person which may be therein or shall thereafter come into the
possession of the administration, and it shall be lawful for
the manaker after reasonable notice to such person to sell by public
auction a sufficient quantity of such goods to realise the sum
payable as aforesaid and all charges and expenses of such detention
and sale, and out of the proceeds to retain the said sums rendering
the surplus, if any, and such of the goods as shall remain unsold to
the person entitled thereto: or the manager may recover any such
sums by action at law. The goods of passengers may also be
detained and sold and the proceeds disposed of as above provided for
non-payment of the fare due by them.
46. The owner or person having the care of any goods which shall
have been carried upon a railway or sball be brought to the railway
premises for the purpose of being carried on the railway shall on
demand---byany railway official deliver to him an exact account in
writingesigned by him of the number or quantity and description of
such goods. This provision shall not apply to passenger's luggage.
47---If any such owner or person as aforesaid shall on demand by
any railway official fall to give such acdount or if he shall wilfully
give a false account, he shall for every such offence be liable, on
summary conviction, to a fine not exceeding 20 dollars for every ton
of goods, and not exceeding 10 dollars for any quantity less than
a ton.
As amended by No. 12 of 1912 and No. 13 of 1912.
As amended by No. 13 of 1912.
As amended by No. 30 of 1911 and No. 12 of 1912,
48.-(1) No person shall carry or cause to be carried upon a
raAway any dangerous goods as defined by section 2 of Ordinance
No. 1 of 1873, or any goods which inay be declared dangerous or
offensive by any general rule niade under section 32 of this Ordi-
nance, except in accordance with the provisions of any general rule
niade under the last mentioned section.
(2) If any person shall carry upon or deliver for carriage by the
railway any such dangerous goods without distinctly declaring the
nature of the same lie shall be liable, on summary conviction, to
a fifie not exceeding 100 dollars.
(3) It shall be lawful for any railway official to refuse to carry
any luggage or parcel vessel or package that may be suspected to
contain dangerous or offensive goods and to require the same to be
opened, and in case any such luggage or parcel vessel or package
shall have been received for the purpose of being carried on the
railway it shall. be lawful for any railway official to stop the transit
thereof until. lie is satisfied that the nature and contents of
the luggage or parcel vessel or package axe not dangerous or
offensive.
49. If any person. knowingly stifiVering from leprosy, small-pox, or
other contagius or infectious disease shall travel by the railway
except in accordance with any rules made in that behalf he shall be
liable, on summary conviction, to a fine riot exceeding 250 dollars
and if any person whilst travelling be discovered to be so suffering it
shall be lawlid for any railway official to remove hini from the
carriage and froin the railwav preinises at, the first opportunity, and
.such person inay in addition to any fine, be ordered to pay the
ainotint of any expenses incurred in the disinfection of any carriage
or portion of a carriage occupied by him while so travelling. Any
such carriage or portion of a carriage shall be properly disinketed as
soon as practicable and shall not be used for the conveyance of
passengers till it has been so disinfected.
50. Any person who shall trespass upon a railway or upon any of
the lands, stations or other preinises appertaining thereto shall be
liable, on summary conviction, to a fine not exceeding 10 dollars,
and if any such person shall refuse to leave the railway or premises
on being requested to do so, by any railway official he may
As amended b ' v .1,o. 80 of 1911, No. 44 of 1911, No. 8 of 1912,
NO. 12 of 1912 and No. 13 of 1912.
As anjended bY No. 30 of 1911 and No. 12 of 1912.
As ainended by No. 30 of 1911, No. 12 of 1912 and No. 13 of 1912.
be immediately removed therefrom and shall be liable, on summary
,conviction, to a fine riot exceeding 20 dollars.
51. Any person who wilfully rides, leads, or drives upon or across
a railway any animal except in directly crossing the railway at any
road or place appointed for that purpose at a tinie at which lie
may lawfully do so, or who tethers any animal upon or within
reach of any railway shall, on, sunnuary conviction, be liable to a
fine not exceeding 20 dollars for each offence.
52. Ally person who wilfully alters or defaces his pass or ticket
so as to render the date munber or any material portion thereof
illegible shall be liable, on summary- conviction, to a fine not ex-
ceeding 50 dollars.
53. Any person who wilfully obstrncts or impedes any railwav
servant, in the discharge of his duty shall bc liable, on summary
conviction, to a fine not exceeding 100 dollars.
54. It shall be lawful for the Governor to declare by notification
any road or patb which a railway may cross to be an occopation
crossing '. All occupation crossings shall be used subject to such
rules as the Governor-in-Council inav make in that behalf. The
following provisions are subject to be modified by such rules as
aforesaid. 'The gates of occupation crossings are not to close. across
the railway and are to be kept locked by means of padlocks the keys
of which shall be kept by railway officials. Any person desiring
to use the same must give reasonable notice of Ins intention to do
so to the station inaster of the nearest. station. Cattle passing over
the ocenpation crossing inust not be driven but led by a suitable
and properly secured halter. Any person using attempting to
use air occupation crossing without such notice, and any person
causing cattle to cross without such halter, and the owner of
cattle so crossing shall be liable, on summary conviction. to a fine
not exceeding 20 dollars, or to imprisonment for any term not
exceeding 3 months.
55. The owner of any aninial wbich shall trespass or stray upon
the railway or upon any railway lands (such railway or lands being
As ainerided by -\,o. 30 of 1911, No. 12 of 1912 and No. 13 of 1912.
As amended by No. 30 of 1911, No. 50 of 1911, No, 12 of 1912 and
No. 13 of 1912.
As ainended by No. 13 of 1912 and No. 43 of 1912 Supp. Sched.
provided with suitable fences for excluding cattle) shall be liable
on summary conviction, to a penalty not exceeding 5 dollars for
each animal, and it shall be lawful for any railway official to take or
drive every animal which shall be found so trespassing to the
nearest police station there to be detained until the highest amount
of penalty incurred by such trespass and the expense of feeding and
keeping the animal be paid, or until a -Magistrate shall otherwise
order. Should the animal prove unmanageable it shall be lawful
for any railway official to kill it and the owner shall be liable
to prosecution and fine if the trespass be proved. -A Magistrate
may upon proof of the trespass cause such animal to be sold
by public auction and the proceeds of the sale, after deducting
therefrom such fine as the _Magistrate shall award, and such further
sum as the Magistrate shall order to be paid for the expenses of
detaining, feeding, and selling such animal, shall be returned to
the owner of the animal on deniand.
56. Any person who unlawfully and wilifully removes or defaces
any nuniber-plate, or removes or extinguishes any lamp on any
carriage or signal-post belonging to the railway, or who wilfully
imitates any railway signal, or wilfullyor or negligently damages or
injures any cariage, engine, wogon, truck, station, warehouse,
bridge, building, machine, rail points, fence, or any other matter or
thing belonging to the railway, shall be liable, on summary con-
viction, to a fine not exceeding 100 dollars or to imprisonment for
any term not exceeding one year.
57. If any person for whose use or accommodation any gate or
chain- has been set up by any railway official on either side of the
railway, or if any other person, opens such gate or chain or passes
or attempts to pass or drives or attempts to drive any cattle,
carriage, or other animal or thing across the railway at a time when
any engine or train approaching along the same is in sight, or at
any time omits to shut and fasten such gate or chain as soon as he
and any cattle, carriage, or other animal or thing tinder his charge
have passed through the saine, he shall be liable, on summary con-
viction, to a fine not exceeding -50 dollars.
58. Any railway official who shall be in a state of intoxication or
under the influence of opium, compound of opium, morphine or any
other narcotic, whilst actually employed upon the railway or any
* As amended by No. 30 of 1911, No. 12 of 1912 and No. 18 of 1912.
of the works connected therewith `in the discharge of any duty, and
any railway official who negligently omits to perform his duty, or
performs the same in an umproper manner, shall be liable, on
summary conviction, to a fine not exceeding 20 dollars, and if the
duty be stich that the ornission or negligent performance thereof
would be likely to endanger the safety of any person travelling or
being upon the railway, he shall be liable to imprisonment for any
term not exceeding one year and to a fine not exceeding 100 dollars.
59. If any person rashly or negligently and without lawful excuse
does any act which is likely to endanger his own safety or that of
any person travelling or being upon the railway be shall, on
summary conviction, be liable to imprisonment for a terir, not
exceeding 6 months, and to a fine not exceeding -50 dollars.
60. Any person who wilfully does any act which is forbidden, or
neglects to do any act which is required by any rules frarned under
this Ordinance and for which no penalty is specially provided, sball
be liable, on summary conviction, to a fine not exceeding 10 dollars.
61. Any person who commits any offence under this Ordinance
may be lawflilly apprehended, without any warrant or written
authority, by any railway official or by any other person whoni such
railway official shall call to his aid or by any police officer, and every
person so apprehended shall with all convenient despatch be taken
before a Magistrate to bc dealt with according to law.
62. In the constmetion of this Ordinance every railway official
shall be legally bowid to do everything necessary for or conducive
to the safety of the pliblic, and everY such oflicial shall be legally
prohibited from doing every act which is likely to cause danger.
63. In case of any summary conviction under this Ordinance a
Magistrate may order the ofFender to pay the costs of such conviction
in addition to any penalty or expenses to which he may be liable.
Such costs may be assessed by the Magistrate and inay be levied and
recovered in the same nianner as any penalty imposed under this
Ordinance.
64. In every case in which any person shall be liable under this
Ordinance to pay any sum of money, damages, or expenses, the
As amended by No. 30 of 1911, No. 12 of 1912 and No. 13 of 1912.
As ~mended by No. 30 of 1911 and No. 12 of 1912.
As amended by No. 13 of 1912.
#I As amended by No. 12 of 1912.
same may be levied and recovered in the same manner as
any penalties under this Ordinance, and if necessary the amount
thereof may be fixed and assessed by a 'Magistrate bJore whom the
case shall be tried.
Is. 6.5, rel). 43 of 1912 Supp. Sched.1
66. The payment of any fare for wInch ans, passsenger not pro-
ducing or delivering up his ticket is llable, inay be. enforced in the
sanie nianner as any fine imposed by this Ordinance.
67. A copy of this Ordinance and of the rules, time tables, and
tariff of charges in respect of the raliway which shall be duly made
and publishe 1 shall be exhibited in soineplace at each
station so that they may be easily seen and read, and all such docu-
ments shall be so exhibited in English. There shall also be ex-
hibited in like manner within and also withoot each station a
schedule in English and Chinese of all offence-, punishable under
this Ordinance and of the penalties attaching to each offence respec-
tively.
68. Any person who wilfully or maliciously renioves, defaces, or
in any way injures any document exhibited by the rallway autbori-
ties as required by the last or any notice or document posted
by thern at the station or anywhere upoil the rallway, shall be liable,
on summary conviction, to a fine not exceeding 20 dollars, or to
for ally terni riot exceeding :3 inwiths.
SCHEDT'LE.
ARTICEE's' TO BF DHICIARED AND Is. 24.1
(a) gold andcoined or uneoilied, manufacured or unmanufae-
tured;
(b) plated articles;
(c) clotlis. and tissue and lace of which gold or silver forms part, not
being the uniform or part of the uniform of an oflicer, soldier, sailor,
police officer, or of any public officer entitled to svear uniform
(d) pearls, precious stones, jewellery mid trinkets:
(c) watches elocks and flinepieces of anv description;
(f) Government securities;
As ainended by No. 50 of 1911 and No. 12 of 1912.
As ainended by No. 30 of 1911, No. 50 of 1911, No. 13 of 1912 and
No. 43 of 1912 Supp. Sched.
(g) Government stamps;
(h) bills of exchange, promissory notes, bank notes, and orders or
other securities for pa ' yment of money;
(i) maps, writings and title-deeds;
paintings, engravings, lithographs, photographs, carvings, sculp-
Lure, and other works of art;
(k) art pottery and all articles made of glass, Chin't or marble,
(1) silks in a manufactured or unmanufactured state, and whether
wrought up or not wrought up with other materials;
(m) shawls;
(n) lace and furs.
(0) opium;
(p) ivory, ebony, coral, and sandawood
(q) inusk, sandalwood-oil, and other essential oils used in the pre-
paration of perfume;
(r) musical and scientific instruments;
(s) any article of special value which themay,
by notification, add to this schedule.
Short title. Interoperation of terms. Powers of Assistant Manager or Assistant Engineers. Custody and administration of railways. Appointment of officers. Sanction by Governor-in-Council of railway construction. No.10 of 1900. Authority to execute all necessary work. Construction of inclined planes. Etc. Alteration of the course of rivers. Etc. Construction of drains or conducts. Erection of buildings, etc. Alteration or discontinuance thereof. Other necessary works. Control of Governor-in-Council. alteration of pipes, wires and drains. Temporary entry upon land for repairing or preventing accident. Power to enter lands. Maintenance of crossings, bridges, arches, culverts, etc. Exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. Costs. Penalty for interference with railway works. Removal of trees obstructing the working of a railway. Right to use locomotives. Certificate to Governor-in-Council prior to opening of railway. Actions against the administration how brought. No.58 of 1911. No.3 of 1901. Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administration confined to carriage within the Colony. Liability for loss or injury in respect of goods. Provision as to liability in respect to carriage of certain animals. Charge on increased risk. Liability as to passenger's luggage. Liability as to articles of special value. Compensation recoverable not to exceed the value declared. Declaration of contents of parcel. Exemption. Burden of proof in respect of loss of animals or goods. Notification of claims to refund of overcharges and compensation for losses. Exoneration from responsibility in case of goods falsely described. Report of accidents. Power to make rules regarding notices, etc. Penalties for failure to comply with ss. 28 or 29. Compulsory medical examination of person injured in railway accidents. General rules. Penalty for breach of any rule. Copy of general rules to be kept at each station. Maximum load for wagons and trucks. Maximum number of passengers. Powers of Manager as to punishment of trail way officials. By-laws regulating the conduct of officers and servants. Imposition of penalties, and right of appeal to Governor. Discretion of Manager as to prosecution. Limitation. Fares to be Prepaid. Passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Penalty for fraud. Fine for entering carriage in motion or riding on the steps. Fine for riding on engine tender or luggage van. Where smoking and chewing prohibited. Penalty for intoxication or nuisance. Passengers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage. Remedy for non-payment of sum due for carriage of goods; and for non-payment of fare. Written account of goods to be given on demand. Penalty for giving no account or false account. Carriage of goods of a dangerous or offensive nature. Persons suffering from leprosy., etc., not allowed to travel. Penalty for trespass. Penalty for driving an animal upon or across a railway. Penalty for defacing pass or ticket. Penalty for obstructing railway servant. Occupation. Crossings. Liability of owner of animal trespassing. Penalty for injury to carriage, etc. Penalty for opening or not properly shutting gates or chains. Penalty for drunkenness or breach of duty by railway official. Penalty for negligent act. Breach of rules. Apprehension of offenders. Rules for the construction of the Ordinance. Liability of offenders to pay costs of conviction. Recovery of money due damages and expenses. Enforcing payment of fare. Copy of Ordinance to be shown at railway stations. Penalty for removing documents or notices.
Abstract
Short title. Interoperation of terms. Powers of Assistant Manager or Assistant Engineers. Custody and administration of railways. Appointment of officers. Sanction by Governor-in-Council of railway construction. No.10 of 1900. Authority to execute all necessary work. Construction of inclined planes. Etc. Alteration of the course of rivers. Etc. Construction of drains or conducts. Erection of buildings, etc. Alteration or discontinuance thereof. Other necessary works. Control of Governor-in-Council. alteration of pipes, wires and drains. Temporary entry upon land for repairing or preventing accident. Power to enter lands. Maintenance of crossings, bridges, arches, culverts, etc. Exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. Costs. Penalty for interference with railway works. Removal of trees obstructing the working of a railway. Right to use locomotives. Certificate to Governor-in-Council prior to opening of railway. Actions against the administration how brought. No.58 of 1911. No.3 of 1901. Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administration confined to carriage within the Colony. Liability for loss or injury in respect of goods. Provision as to liability in respect to carriage of certain animals. Charge on increased risk. Liability as to passenger's luggage. Liability as to articles of special value. Compensation recoverable not to exceed the value declared. Declaration of contents of parcel. Exemption. Burden of proof in respect of loss of animals or goods. Notification of claims to refund of overcharges and compensation for losses. Exoneration from responsibility in case of goods falsely described. Report of accidents. Power to make rules regarding notices, etc. Penalties for failure to comply with ss. 28 or 29. Compulsory medical examination of person injured in railway accidents. General rules. Penalty for breach of any rule. Copy of general rules to be kept at each station. Maximum load for wagons and trucks. Maximum number of passengers. Powers of Manager as to punishment of trail way officials. By-laws regulating the conduct of officers and servants. Imposition of penalties, and right of appeal to Governor. Discretion of Manager as to prosecution. Limitation. Fares to be Prepaid. Passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Penalty for fraud. Fine for entering carriage in motion or riding on the steps. Fine for riding on engine tender or luggage van. Where smoking and chewing prohibited. Penalty for intoxication or nuisance. Passengers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage. Remedy for non-payment of sum due for carriage of goods; and for non-payment of fare. Written account of goods to be given on demand. Penalty for giving no account or false account. Carriage of goods of a dangerous or offensive nature. Persons suffering from leprosy., etc., not allowed to travel. Penalty for trespass. Penalty for driving an animal upon or across a railway. Penalty for defacing pass or ticket. Penalty for obstructing railway servant. Occupation. Crossings. Liability of owner of animal trespassing. Penalty for injury to carriage, etc. Penalty for opening or not properly shutting gates or chains. Penalty for drunkenness or breach of duty by railway official. Penalty for negligent act. Breach of rules. Apprehension of offenders. Rules for the construction of the Ordinance. Liability of offenders to pay costs of conviction. Recovery of money due damages and expenses. Enforcing payment of fare. Copy of Ordinance to be shown at railway stations. Penalty for removing documents or notices.
Identifier
https://oelawhk.lib.hku.hk/items/show/966
Edition
1912
Volume
v2
Subsequent Cap No.
372
Cap / Ordinance No.
No. 21 of 1909
Number of Pages
22
Files
Collection
Historical Laws of Hong Kong Online
Citation
“RAILWAYS ORDINANCE, 1909,” Historical Laws of Hong Kong Online, accessed May 22, 2025, https://oelawhk.lib.hku.hk/items/show/966.
