(Cap 556, section 34)* [30 June 2000] G.N. 3903 of 2000 (13 of 2000) _________________________________________________________________________________ Note: * These By-laws were made under section 25 of the repealed Mass Transit Railway Corporation Ordinance (Cap 270). See section 64 and Schedule 4 to the Mass Transit Railway Ordinance (Cap 556). Cap 556B bylaw 1 Citation PART I PRELIMINARY These by-laws may be cited as the Mass Transit Railway By-laws. (Enacted 1986) Cap 556B bylaw 2 Interpretation In these by-laws, unless the context otherwise requires- "concessionary ticket" (特惠车票) means a ticket issued at a special fare or subject to special conditions, privileges or restrictions in the conditions of issue; (L.N. 201 of 1994) "conditions of issue" (车票发出条件) means the conditions of issue of tickets for travel upon the railway published from time to time by or on behalf of the Corporation and posted at its stations; (L.N. 201 of 1994; L.N. 8 of 1998) "Corporation" (地铁公司) means the MTR Corporation Limited; (13 of 2000 s. 64) "fare" (车费) means the fare payable by any passenger to whom or on whose behalf a ticket is issued by or on behalf of the Corporation for use on the railway; "official" (人员) means any person duly authorized to act on behalf of the Corporation; "paid area" (已付车费区域) means that part of the railway premises- (a) set aside for the use of fare-paying passengers, and (b) provided with ticket gates, barriers or turnstiles for the purposes of entry or exit,and includes the trains when in service; (L.N. 201 of 1994) "passenger" (乘客) means a person to whom or on whose behalf a ticket is issued and who is lawfully within the paid area; (L.N. 201 of 1994) "railway" (铁路) means the Mass Transit Railway; (13 of 2000 s. 64) "restricted area" (限制区) means any area declared by the Corporation, by notices, signs or any other manner as will reasonably indicate the same as restricted area; (L.N. 201 of 1994) "surcharge" (附加费) means such amount, not exceeding an amount equal to fifty times the maximum adult single fare at the time the surcharge is to be paid, as may be specified in the conditions of issue; (L.N. 201 of 1994) "ticket" (车票) means any form of ticket, card, pass or permit from time to time issued by the Corporation, or by persons duly authorized by the Corporation, for travel on the railway; (L.N. 201 of 1994) "ticket office" (票务处) means an office operated by or on behalf of the Corporation which is duly authorized to issue a ticket; "train" (列车) means any train (or carriage or compartment thereof) owned by or in the possession of the Corporation. (Enacted 1986) Cap 556B bylaw 3 Admission PART II TRESPASS AND DAMAGE TO RAILWAY PREMISES (1) The Corporation reserves the right to refuse to admit any person onto the railway premises or any part thereof at any time. (2) The Corporation may open or close any entrance to or exit from any station or platform or any part of the paid area or any other part of the railway premises at such times as it considers expedient without incurring any liability to any person for any loss or damage however arising as a result thereof. (L.N. 201 of 1994) (Enacted 1986) Cap 556B bylaw 4 Trespass (1) No person, unless otherwise authorized by the Corporation, shall- (a) enter into or upon any part of the railway premises, other than those parts clearly defined by means of notices, indicators and other directions for the use of persons using, or intending to use the railway; or (L.N. 201 of 1994) (b) enter or leave such parts other than by proper use of such gates, barriers or turnstiles (if any) provided for such entry or exit.(2) (Repealed L.N. 201 of 1994) (3) A person shall be responsible for any injury, loss or damage caused to the Corporation's property or staff or to any other person or property by such person or by any article or animal brought by him onto the railway premises and he shall indemnify the Corporation from and against any liability to any other person resulting therefrom. (Enacted 1986) Cap 556B bylaw 5 Damage to railway premises, trains, plant and equipment No person shall improperly touch, use, meddle, damage or otherwise interfere with- (a) any machine or equipment, or any part thereof, used or employed in or upon any part of the railway premises; (b) any locomotive, train, carriage, truck or any other conveyance or any equipment thereon used or employed on or in connection with the railway; (ba) any tracks, rails and supporting system including fastenings, fixtures, baseplates, plinths, sleepers and ballast; or (L.N. 201 of 1994) (c) any electrical plant, overhead wiring or other form of electrical installation or equipment of any nature whatsoever used or employed in or upon any part of the railway. (Enacted 1986) Cap 556B bylaw 6 Sewage etc. not to be placed on railway premises No person shall cause, permit or suffer any sewage, drainage or other offensive matter to flow onto or enter or be placed on any part of the railway premises. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 7 Rubbish etc. not to be thrown on or from railway premises No person shall deposit or throw, or cause to be deposited or thrown, at, on or from the railway premises any glass, stone, missile or any rubbish or other offensive or waste matter. (Enacted 1986) Cap 556B bylaw 8 Improper use of emergency equipment No person, unless otherwise authorized by the Corporation, shall activate any emergency or safety device on the railway premises save for the express purpose for which the same is provided and in accordance with the instructions printed thereon. (Enacted 1986) Cap 556B bylaw 9 Wrongfully entering or leaving trains No person shall enter or leave or attempt to enter or leave any train after the doors have commenced to close. (L.N. 201 of 1994) Cap 556B bylaw 10 Conditions of issue of tickets PART III FARES AND TICKETS (1) All tickets issued by or on behalf of the Corporation are issued subject to these by-laws and to the conditions of issue. (2) Any person to whom or on whose behalf a ticket is issued or who otherwise acquires a ticket shall be deemed to have knowledge of and to have agreed to these by-laws and to the conditions of issue. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 11 Fares The fares appearing in notices, lists or tables published from time to time by the Corporation and posted at stations are the authorized fares for travel upon the railway. (Enacted 1986) Cap 556B bylaw 12 Tickets contain no warranty or acceptance of liability (1) The Corporation does not warrant that a passenger will be conveyed on any particular train or that any train shall depart or arrive at a particular time or times or that the issue of a ticket will be completed before the departure of any train and the Corporation will not be liable to any person for any loss or damage arising from any delay or detention caused by the alteration, suspension or withdrawal of the Corporation's train services (or a part thereof) for any reason whatsoever. (2) The Corporation may at its discretion and without being liable to any person for any loss or damage caused thereby- (a) suspend or discontinue the issue of tickets whether issued from a ticket office or by an automatic vending machine; (b) despatch any train from a station before the arrival of any other train without affording the passengers in the arriving train an opportunity to alight and board the departing train; and (c) suspend, discontinue or otherwise withdraw all or any train services from any station on any day or suspend, discontinue or withdraw the running of any train or alter the times of departure or arrival of any train. (Enacted 1986) Cap 556B bylaw 13 Compliance with conditions of issue (1) No person shall enter, leave or travel upon or attempt to enter, leave or travel upon the railway otherwise than in accordance with the conditions of issue. (2) Every passenger shall leave the paid area within such period as may be prescribed in the conditions of issue failing which he shall, where he has no reasonable excuse for remaining within the paid area after the expiry of such period, pay the maximum fare for a single direction journey on the railway as specified in the conditions of issue. (L.N. 201 of 1994) Cap 556B bylaw 14 Entry and travel prohibited without ticket No person shall, without lawful authority or reasonable excuse- (a) enter or leave, or attempt to enter or leave, the paid area; or (b) travel or attempt to travel upon any part of the railway,without first paying his fare and obtaining a valid ticket appropriate to the circumstances of his intended journey and using that ticket by inserting it into an automatic gate or by using it in an appropriate manner over the electronic sensor of an automatic gate as may be required by the conditions of issue of such ticket on entering or leaving the paid area or otherwise producing it and delivering it up to an official. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 14A Failure to pay fares, etc. No person shall, prior to leaving the paid area, fail or refuse to pay any fare, surcharge or other sum leviable in accordance with these by-laws. (L.N. 201 of 1994) Cap 556B bylaw 15 Travel where ticket is lost, damaged or expired (1) If a person (other than a person who is under the age of 3 years) is within the paid area- (a) without a ticket; (b) with a ticket improperly damaged, altered or interfered with or whose coded data has been improperly altered, erased or damaged either wholly or in part; (L.N. 201 of 1994) (c) with a ticket that has expired; or (d) with a concessionary ticket when he does not meet any of the conditions upon which the ticket is issued, (L.N. 201 of 1994)he shall be regarded as not having paid his fare and shall be liable both to pay a surcharge and to deliver up his ticket (if any) to an official. (2) For the purposes of paragraph (1), a ticket shall expire in such circumstances as are provided for in the conditions of issue. (L.N. 201 of 1994) (3) Any person who has paid a surcharge or delivered up his ticket pursuant to the provisions of this by-law shall be entitled to apply in writing to the Chairman or Managing Director of the Corporation (or their appointed nominee) for a review of the circumstances in which he became liable to a surcharge or to deliver up his ticket and the said Chairman or Managing Director (or appointed nominee) upon the conclusion of such review may at his absolute discretion reject such application or may authorize repayment of the whole or any part of the surcharge or the remaining value on the delivered up ticket. (4) Without prejudice to paragraph (1), any passenger holding a ticket who travels beyond a station for which his ticket is valid shall be liable to pay the excess fare specified in the conditions of issue. (L.N. 201 of 1994) (Enacted 1986) Cap 556B bylaw 16 Passengers should examine tickets and change (1) A person purchasing a ticket should examine his ticket and any change tendered before leaving any ticket office and the Corporation shall not be liable for any error or omission not drawn to its attention at the time of issue of the ticket. (2) A person using an automatic vending machine shall insert not less than the appropriate fare in Hong Kong legal tender for the purchase of a ticket and a person is entitled to a refund of the amount in excess of the appropriate fare inserted into an automatic vending machine. (2A) No person shall insert or attempt to insert into any automatic vending machine or coin change machine any coin object or thing other than Hong Kong legal tender in the denominations identified by notice on the machine as suitable for use in that machine. (3) The amount (including a nil amount) from time to time encoded on a ticket shall be conclusive evidence of the amount paid in respect of such ticket and of the value (if any) remaining in such ticket. (4) Any passenger holding a concessionary ticket shall, if requested by an official to do so, produce to that official acceptable proof of his entitlement to a concessionary ticket. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 17 Handing in of tickets (1) Unless otherwise stated in the conditions of issue, all tickets shall remain the property of the Corporation and no person shall, without reasonable excuse, fail or refuse at the end or sooner determination of his journey, or series of journeys in the case of a multiple journey or stored value ticket, to deliver up his ticket to the Corporation. (L.N. 201 of 1994) (2) A passenger within the paid area or within the railway premises after having immediately gained exit from the paid area must produce any ticket for checking, inspection or verification at any time upon demand by any official. (L.N. 201 of 1994) (3) Any person who contravenes paragraph (2) shall be regarded as not having paid his fare and shall be liable to pay a surcharge. (Enacted 1986) Cap 556B bylaw 18 Damaging etc. a ticket (1) No person shall improperly do anything to or with a ticket whereby- (a) the coded data thereon is erased wholly or in part, or is otherwise altered or interfered with; or (b) the ticket is otherwise damaged.(2) No person shall use or attempt to use a ticket which has been improperly altered, damaged or interfered with for the purpose of entering or leaving the paid area or travelling upon the railway. (Enacted 1986) Cap 556B bylaw 19 (Repealed L.N. 201 of 1994) Cap 556B bylaw 20 Exchanges and refunds (1) A ticket may be refunded or exchanged only at the discretion of the Corporation or its authorized agents, and the refund or exchange may be subject to the deduction of an administration charge prescribed in the conditions of issue. (L.N. 201 of 1994) (2) The form of any refund shall be at the discretion of the Corporation. (3) The Corporation shall not be liable to issue a ticket in replacement of a lost or unused ticket nor will it be liable to make a refund in respect of any such lost or unused ticket or in respect of a surcharge charged to any passenger in accordance with these by-laws. (Enacted 1986) Cap 556B bylaw 21 Compliance with notices PART IV CONDUCT OF PASSENGERS (1) Every person while on the railway premises shall comply with these by-laws and with all notices, indicators and all reasonable directions and requests of any official. (L.N. 201 of 1994) (2) Without prejudice to paragraph (1), if an official determines that a train is full, no person shall enter or remain therein if directed by such official not to do so. (Enacted 1986) Cap 556B bylaw 22 Feet not to be placed on seats No person shall place his feet on any seat in any part of the railway premises. (Enacted 1986) Cap 556B bylaw 23 Smoking prohibited No person shall smoke or carry a lighted pipe, cigar or cigarette or naked flame in any form in any other part of the railway premises where smoking is prohibited by notice. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 24 Spitting, etc. prohibited No person shall- (a) spit on any part of the railway premises; or (b) place or throw any litter upon the railway premises, except into receptacles provided for that purpose. (Enacted 1986) Cap 556B bylaw 25 Passengers not to cause a nuisance No person shall conduct himself on any train or in any part of the railway premises so as to cause a nuisance or annoyance to other passengers. (Enacted 1986) Cap 556B bylaw 26 Musical instruments etc. prohibited No person, unless authorized by the Corporation, shall sing or dance, play or perform with any musical instrument in any part of the railway premises. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 26A Playing radios, cassettes, etc. No person, unless authorized in writing by the Corporation, shall play or use or attempt to play or use any radio, cassette, compact disc player, record player, portable wireless television, or any other similar device upon any part of the railway premises which shall generate noise. (L.N. 201 of 1994) Cap 556B bylaw 27 Prohibition on taking certain luggage, etc. and consumption of food or beverage No person shall- (a) bring into or upon the railway premises any luggage, article or other thing which cannot be carried or otherwise accommodated on the railway without risk of damage to railway property or without causing a nuisance or inconvenience to other persons using the railway; or (b) consume or attempt to consume any food or beverage (whether alcoholic or non-alcoholic) within a train or the paid area. (Enacted 1986) Cap 556B bylaw 28 Animals prohibited on railway premises No person shall, unless the Corporation in its sole discretion allows or permits, bring any animal or other livestock into or upon any part of the railway premises (provided that this restriction shall not apply to a guide dog accompanying a blind person). (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 28A Improper operation of equipment, etc. (1) No person, except an official, shall- (a) operate, move, or work- (i) any mechanical or electrical appliance upon the railway premises; or (ii) any switch, lever or other device operating or controlling any mechanical or electrical appliance upon the railway premises, the proper use of any automatic gate and telephones;(b) tamper with or wilfully impede or interfere with the operation of any mechanical or electrical appliance; (c) ascend or descend, or attempt to ascend or descend, by means of any escalator other than in such manner and order as is directed by the Corporation; (d) travel, or attempt to travel, upon any escalator or moving platform in a direction other than the direction in which it is moving; (e) sit upon any escalator or moving platform or any handrail or any part thereof; (f) open or attempt to open, any gate or doors leading to or from a platform or a paid area at a station upon the railway premises without authority to do so; or (g) hold or possess keys to any door or gate inside the railway premises and shall immediately surrender the same to the Corporation as soon as the same come to their possession.(2) In cases of accident or other emergency, a person may operate, move, or work any switch, lever or other device or mechanical or electrical appliance upon or near which is displayed a notice that it is intended to be operated in cases of accident or emergency. (L.N. 201 of 1994) Cap 556B bylaw 28B Climbing barriers, turnstiles, etc. prohibited No person shall climb or jump on or over any wall, fence, barrier, turnstile or post in any part of the railway premises. (L.N. 201 of 1994) Cap 556B bylaw 28C Entrance or exit by improper means and queuing A person shall- (a) enter or attempt to enter any train through any door thereof to or from the platform at stations; (b) wait at the platform of a station for the arrival of a train or wait inside a train for the arrival at the platform of a station; or (c) gain access from the platform of a station to a train or gain access form a train to the platform of a station,only at such time and location and in such manner as an official or other authorized persons shall reasonably provide and require. (L.N. 201 of 1994) Cap 556B bylaw 28D Entrance to trains by improper means or overloading When an official determines, in his absolute discretion, that a train or part thereof contains the full load, no additional person shall enter or remain or attempt to enter or remain therein if directed by the official not to do so. (L.N. 201 of 1994) Cap 556B bylaw 28E Entry to restricted area No person shall enter or remain in a restricted area unless authorized by the Corporation. (L.N. 201 of 1994) Cap 556B bylaw 28F Intoxication No person in a state of intoxication resulting from consuming or abusing alcohol, medicine or drug or in an unfit condition as determined by an official in his absolute discretion shall enter or remain or attempt to enter or remain upon the railway premises. (L.N. 201 of 1994) Cap 556B bylaw 28G Improper dressing No person whose dress or clothing is in a condition liable to soil or injure the dress or clothing or personal effects of any other person in or upon a railway premises shall enter or attempt to enter a train or a railway premises unless an official in his absolute discretion grants permission to such a person. (L.N. 201 of 1994) Cap 556B bylaw 28H Abusive language (1) No person shall at any time while upon the railway premises- (a) use any threatening, abusive, obscene or offensive language, or behave in a riotous, disorderly, indecent or offensive manner; (b) paint, write, draw or affix any word, representation or character upon, or wilfully soil or defile or break, cut, scratch, tear, spray, deface or damage any part of the railway premises including any train or any of the fittings, furniture, decorations or equipment, or any publication, notice, list, time-table, advertisement, sign, figure or letter, or remove or detach any such article or object; (c) damage any property upon the railway premises; (d) molest any person or wilfully interfere with the comfort or convenience of any such person; or (e) without the prior approval in writing of the Corporation, and subject to such terms and conditions as the Corporation may impose, use any voice recording or video recording or camera equipment for the conduct of interviews or taking or making of films or videos.(2) A person offending this by-law is liable to the Corporation for the amount of the damage done to any property or personal injury caused to the officers of the Corporation or damage or injury suffered by any other person without prejudice to any penalty incurred by the contravention of this bylaw. (L.N. 201 of 1994) Cap 556B bylaw 28I Flying materials endangering operations No person shall cause, permit or suffer any kite, balloon, model or other thing to fly or pass into or over any part of the railway premises including any tunnel or in or on to the air space or any overhead line above the railway premises which may endanger proper railway operation. (L.N. 201 of 1994) Cap 556B bylaw 29 Soliciting for luggage handling alms, etc. PART V HAWKERS, LOITERERS AND BILL POSTING No person shall on the railway premises solicit alms or advantage of any description. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 30 Hawking prohibited No person, unless authorized in writing by the Corporation, shall sell or expose or offer for sale any goods, wares or services in or upon any railway premises, and sections 86, 86A, 86C and 86D of the Public Health and Municipal Services Ordinance (Cap 132) shall apply to an offence under this by-law as if such offence were a hawker offence within the meaning of section 83 of that Ordinance. (Enacted 1986) Cap 556B bylaw 31 Loitering prohibited No person shall loiter in or about any part of the railway premises. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 32 Bill posting etc. prohibited No person shall, unless authorized in writing by the Corporation- (L.N. 201 of 1994) (a) post, stick, paint or write or cause to be posted, stuck, painted or written any placard, bill, advertisement or any other matter; or (b) distribute any book, leaflet or other printed matter or any sample or other article,on any part of the railway premises. (Enacted 1986) Cap 556B bylaw 33 Motor vehicles not to be left on railway premises PART VI MOTOR VEHICLES ON RAILWAY PREMISES Except with the written permission of the Corporation, no person shall leave or cause to be left any motor car or other vehicle on any part of the railway premises or on any station approach road or entrance being under the control of the Corporation. (Enacted 1986) Cap 556B bylaw 34 Dealing with vehicles left on railway premises (1) The Corporation may in such manner as it thinks fit remove and detain any motor car or other vehicle in respect of which a contravention of by-law 33 is committed and may charge the owner or driver thereof all costs and expenses occasioned by and incidental to such removal and detention without prejudice to any penalty incurred by the contravention of that by-law. (2) As soon as practicable after a vehicle has been detained under paragraph (1), the Corporation shall serve on the registered owner (as defined in the Road Traffic Ordinance (Cap 374)) of the vehicle a notice informing him- (a) of the detention of the vehicle and the place of detention; and (b) that, unless the vehicle is removed from the place of detention on payment of any costs and charges within 14 days after the service of the notice on him, the vehicle shall become the property of the Corporation free from the rights of any person and may be disposed of by the Corporation by sale or otherwise.(3) If a vehicle is not removed in accordance with the notice served under paragraph (2), the vehicle shall become the property of the Corporation free from the rights of any person and may be disposed of by the Corporation by sale or otherwise as it thinks fit. (4) If, within 6 months after the day on which a vehicle is sold pursuant to paragraph (3), any person satisfies the Corporation that at the time the vehicle became the property of the Corporation by virtue of that paragraph, he was the owner of the vehicle, the Corporation shall pay to such person the balance of the proceeds of sale after deducting any costs and charges of removal and detention and any reasonable charges incurred by the Corporation in respect of the sale of the vehicle. (5) A notice under paragraph (2) may be served personally or by post. (6) For the purpose of this by-law "vehicle" (车辆) includes the contents of a vehicle and any load carried by a vehicle. (Enacted 1986) Cap 556B bylaw 35 Vehicle drivers to comply with signs etc. Vehicle drivers shall while in or upon any part of the railway premises obey all traffic signs and signals and the reasonable instructions and directions of any official. (Enacted 1986) Cap 556B bylaw 36 Dangerous driving No person shall drive any motor car or other vehicle through, into or upon any part of the railway premises at a rate of speed or in a manner liable to involve danger to others. (Enacted 1986) Cap 556B bylaw 37 Vehicles prohibited on certain parts of railway premises No person shall drive any motor car or other vehicle upon or along any part of the railway premises set apart for the exclusive use of pedestrians. (Enacted 1986) Cap 556B bylaw 38 Firearms PART VII FIREARMS, ETC. No person not being a member of the Armed Forces, a police officer, a member of the Customs and Excise Department or an officer of the Independent Commission Against Corruption shall carry or have with him on any railway premises any arms or ammunition. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 39 Dangerous goods No person not being an official duly authorized by the Corporation in that behalf shall bring onto any part of the railway premises any substance or other thing which is subject to the provisions of the Dangerous Goods Ordinance (Cap 295). (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 40 Lost property PART VIII LOST PROPERTY A person who finds any lost property in or upon any part of the railway premises shall report to an official at the nearest station, and no person other than an official shall remove from any train or carriage any property lost or left behind therein, save for the purpose of handing over the same forthwith to an official. (Enacted 1986. L.N. 201 of 1994) Cap 556B bylaw 41 Disposal of lost property (1) All lost property which comes into the possession of the Corporation shall be dealt with as follows- (a) perishable, noxious or otherwise offensive goods or articles may be disposed of by the Corporation as soon as practicable after they have come into its possession by sale or otherwise as it sees fit; (b) identification and travel documents, certificates or any other document which the Corporation shall regard to be of an important or confidential nature may be disposed of by the Corporation within such time they have come into its possession and in such manner as it sees fit; and (L.N. 201 of 1994) (c) all other goods or articles shall be retained by the Corporation for a period of 3 months after they have come into its possession and, if at the end of that period they remain unclaimed, they shall be deemed to become the property of the Corporation free of all other rights and encumbrances, and it may dispose of them by sale or otherwise as it sees fit. (L.N. 201 of 1994)(2) If within a period of 6 months of any sale or disposal by the Corporation under paragraph (1)(a) or (b) the former owner or the person formerly entitled to the beneficial ownership of the goods can establish his ownership to the satisfaction of the Corporation, he shall be paid, subject to his providing the Corporation with an indemnity in retention as the Corporation may reasonably require, the proceeds of sale, if any, less all expenses incurred by the Corporation of and incidental to the sale or disposal. (L.N. 201 of 1994) (3) Save as provided in paragraph (2), the Corporation shall incur no liability whatsoever to any person in respect of lost property as bailees or otherwise and no claim for damages or compensation shall be brought against it by any person in respect of the same. (Enacted 1986) Cap 556B bylaw 42 Removal of persons from railway premises PART IX ENFORCEMENT AND PENALTIES (1) Any person who is reasonably suspected by an official of committing or attempting to commit any breach of these by-laws, while in or upon any part of the railway premises shall, when required to do so by such official- (a) give to that official true and correct particulars of his name and address and of his telephone number, if any, and produce proof to that effect for inspection; and (b) produce to that official proof of his identity for inspection. (L.N. 8 of 1998)(1A) No person shall wilfully- (a) fail to comply with a requirement under paragraph (1); or (b) in complying or attempting to comply with a requirement under paragraph (1)(a), give false particulars of his name, address or telephone number or particulars of his name, address or telephone number that are misleading in a material particular. (L.N. 8 of 1998)(2) Every official shall have the power to remove (if necessary by the use of reasonable force) from the railway premises any person whom he reasonably suspects of having committed, or attempting to commit any breach of these by-laws; without prejudice to any penalty or surcharge which may be imposed in accordance with these by-laws and in the case where such breach is an offence as herein provided he shall have power to detain such person until he can be delivered into the custody of a police officer to be dealt with according to law. (L.N. 201 of 1994) (Enacted 1986) Cap 556B bylaw 43 Offences and penalties A person who contravenes a by-law set out in the first column of the Schedule commits an offence and is liable to the penalty set out in the third column of that Schedule opposite the reference to that by-law. (Enacted 1986) Cap 556B bylaw 44 Saving of Corporation's rights (1) Nothing in these by-laws and no prosecution or step or action hereunder shall bar any further or other claim for damages or other remedy or relief available to the Corporation against any person. (2) Any sum leviable by or payable to the Corporation under these by-laws or howsoever otherwise (including, without limitation, any fare, excess fare or surcharge) whether by way of debt, damages, costs, loss, expense or otherwise shall be receivable by the Corporation or its lawful agents as a debt due on demand and shall be enforceable as a civil debt. (Enacted 1986) Cap 556B bylaw 45 Liability of staff The acceptance of a ticket by a passenger or person shall be conclusive evidence of his agreement that each and every limitation and exemption from liability afforded to the Corporation by these by-laws shall extend to each official, servant or agent of the Corporation. (Enacted 1986) Cap 556B SCHEDULE [by-law 43] PENALTIES By-law Summary of offence Maximum penalty 4 Trespass $5000 fine 5 Damage to railway premises, plant and equipment $5000 fine and 6 months imprisonment 6 Sewage placed on railway premises $5000 fine and 6 months imprisonment 7 Depositing or throwing of rubbish, etc. $5000 fine and 6 months imprisonment 8 Improper use of emergency equipment $5000 fine 9 Wrongfully entering or leaving train $2000 fine 14 Entry and travel without a ticket $5000 fine 14A Failure to pay fares, etc. $5000 fine 16(2A) Wrongfully using machines $5000 fine 17(1) Failure to produce a ticket $5000 fine 17(2) Failure to hand in tickets $5000 fine 18(1) Damaging a ticket $5000 fine 18(2) Using a damaged ticket $5000 fine 21 Non-compliance with notices, etc. $2000 fine 22 Feet placed on seats $2000 fine 23 Smoking $5000 fine 24 Spitting and litter $5000 fine 25 Passenger causing a nuisance $5000 fine 26 Playing musical instruments, etc. $2000 fine 26A Playing radios, cassettes, etc. $2000 fine 27(a) Bringing prohibited items of luggage, etc. $2000 fine 27(b) Consumption of food or beverage $2000 fine 28 Bringing animals $2000 fine 28A Improper operation of equipment, etc. $5000 fine and 6 months imprisonment 28B Climbing barriers, turnstiles, etc. $3000 fine 28C Entrance or exit by improper means and queuing $3000 fine 28D Entrance to trains by improper means or overloading $5000 fine 28E Entry to restricted area $5000 fine and 6 months imprisonment 28F Intoxication $5000 fine 28G Improper dressing $5000 fine 28H Abusive language $5000 fine 28I Flying materials endangering operations $3000 fine and 3 months imprisonment 29 Soliciting, etc. $5000 fine 30 Hawking $5000 fine and 6 months imprisonment 31 Loitering $2000 fine and 3 months imprisonment 32 Bill posting, etc. $5000 fine and 3 months imprisonment 33 Motor vehicles left on railway premises $4000 fine 35 Failure of vehicle driver to comply with signs $4000 fine and 2 months imprisonment 36 Dangerous driving $5000 fine and 6 months imprisonment 37 Vehicles on certain parts of railway premises $5000 fine 38 Firearms $5000 fine and 6 months imprisonment 39 Dangerous goods $5000 fine and 6 months imprisonment 40 Failure to report lost property upon discovery $2000 fine 42(1) and (1A)(a) Failure to give particulars of name, address or telephone number or to produce proof thereof or of identity $5000 fine and 6 months imprisonment 42(1A)(b) Giving false or misleading particulars of name, address or telephone number $5000 fine and 6 months imprisonment (L.N. 201 of 1994; L.N. 8 of 1998)
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