(Cap 372 section 31 (1)) [17 July 1987] (L.N. 223 of 1987) Cap 372E bylaw 1 Citation PART I PRELIMINARY These by-laws may be cited as the North-west Railway By-laws. (Enacted 1987) Cap 372E bylaw 2 Interpretation In these by-laws, unless the context otherwise requires- "automatic processing device" (自动处理装置) means a processing device used by the Corporation for the automatic collection of fares; (L.N. 6 of 1998) "bus" (巴士) means a bus as defined in the Road Traffic Ordinance (Cap 374) and operated by or on behalf of the Corporation within the Northwest Transit Service Area as defined in the Ordinance; "Corporation" (公司) means the Kowloon-Canton Railway Corporation established by the Ordinance; "fare" (车费) means the fare payable by any passenger for travel on any bus or the railway irrespective of whether a ticket is issued to him by or on behalf of the Corporation for travel on any bus or on the railway; "invalid ticket" (失效车票) means a ticket- (a) for which the period of validity has expired; or (b) which is invalid for travel on any bus or on the railway in which the ticket holder is travelling; or (c) which the passenger is not entitled to use pursuant to the conditions of use contained or referred to in any other publications, notices, lists or tables relating to such ticket or travel; and (d) in case of a smart card includes a smart card which has not had the appropriate authorization code recorded on it by an automatic processing device immediately before the ticket holder travels or attempts to travel on any bus or boards or attempts to board any vehicle of the North-west Railway or travels or attempts to travel on any such vehicle; (L.N. 6 of 1998)"official" (人员) means any person duly authorized to act on behalf of the Corporation and includes any employee, servant or lawfully appointed agent of the Corporation; "the Ordinance" (条例) means the Kowloon-Canton Railway Corporation Ordinance (Cap 372); "passenger" (乘客) means a person who has paid a fare or on whose behalf a fare has been paid and who is lawfully travelling on any bus or the railway during the hours of business of the Corporation irrespective of whether a ticket is issued to him or on his behalf or has been otherwise acquired by him for such purpose; "personalized ticket" (个人车票) means a ticket which has been issued to the person or individual identified on the ticket; (L.N. 6 of 1998) "railway" (铁路) means the North-west Railway as defined in the Ordinance; "railway premises" (铁路处所) means railway premises as defined in the Ordinance belonging to or appertaining to the North-west Railway but excludes any carriageway of the North-west Railway not designated by the Commissioner for Transport for the purpose of the definition of "road" under section 2 of the Road Traffic Ordinance (Cap 374); "smart card" (聪明卡) means a card or chip issued by or on behalf of the Corporation for the purpose of communicating with automatic processing devices; (L.N. 6 of 1998; L.N. 212 of 2000) "surcharge" (附加费) means such amount as may be specified in notices, lists, tables or other publications issued by or on behalf of the Corporation from time to time and shall be- (a) an amount equal to fifty times the prevailing maximum adult single fare on any bus or railway at the time the surcharge is imposed; or (b) the maximum fine prescribed in these by-laws,whichever is the lower; "ticket" (车票) means any form of ticket, smart card, pass or permit issued from time to time by or on behalf of the Corporation, for travel on any bus or on the railway; (L.N. 6 of 1998) "ticket office" (票务处) means any office operated by or on behalf of the Corporation which is duly authorized to issue tickets; "vehicle" (车辆) means a vehicle as defined in the Road Traffic Ordinance (Cap 374); "vehicle of the North-west Railway" (西北铁路车辆) means any train or carriage or compartment thereof used on or in connection with the railway. (Enacted 1987) Cap 372E bylaw 3 Tickets PART II TICKETS AND FARES (1) All tickets whether specifically referred to in these by-laws or not are issued subject to- (L.N. 6 of 1998) (a) these by-laws; and (b) any special conditions stated or referred to on such tickets or any special conditions otherwise contained or referred to in any notices, lists, tables or other publications issued by or on behalf of the Corporation.(2) A passenger shall be deemed to have knowledge of and to have agreed to these by-laws and any special conditions in relation to any ticket used by him or any special conditions otherwise contained or referred to in any notices, lists, tables or other publications issued by or on behalf of the Corporation and the liability of the Corporation (if any) shall be limited but not extended thereby. (Enacted 1987) Cap 372E bylaw 4 Fares The fares appearing from time to time in notices, lists, tables or other publications issued by or on behalf of the Corporation are the authorized fares for travel on any bus or on the railway. (Enacted 1987) Cap 372E bylaw 5 Tickets contain no warranty or acceptance of liability (1) The Corporation does not warrant that a passenger will be conveyed on any particular bus or vehicle of the North-west Railway or that any bus or vehicle of the North-west Railway shall arrive or depart at a particular time or stop or that the issue of a ticket will be completed before the departure of any bus or vehicle of the North-west Railway and the Corporation will not be liable to any person for any loss or damage whatsoever arising from any delay or detention caused by the alteration suspension interference with or withdrawal of the Corporation's bus or railway services (or a part thereof) for any reason whatsoever. (2) The Corporation may in its absolute discretion do all or any of the following without being liable to any person for any loss or damage caused thereby- (a) suspend or discontinue the issue of tickets howsoever issued; (b) despatch any bus or vehicle of the North-west Railway from a stop before the arrival of any other bus or vehicle of the North-west Railway without affording passengers an opportunity of alighting and boarding the bus or vehicle of the North-west Railway; (c) suspend, discontinue or otherwise withdraw all or any bus or railway service from any stop at any time and for any period of time or suspend, discontinue or withdraw the running of any bus or vehicle of the North-west Railway at any time and for any period of time and alter the times of departure and arrival of any bus or vehicle of the North-west Railway and the routes thereof.(3) The Corporation may in its absolute discretion consider applications for a refund where a ticket is unused as a consequence of the circumstances described in by-law 5(2). (Enacted 1987) Cap 372E bylaw 6 Entry and travel prohibited without payment of fare No person shall without the authority of an official, which authority shall not be unreasonably withheld, or except as provided in by-law 13(1)- (L.N. 205 of 1994) (a) travel on any bus; (b) board or attempt to board any vehicle of the North-west Railway; or (c) travel or attempt to travel upon any vehicle of the North-west Railway,unless having first paid the appropriate fare and, where a ticket is issued, obtaining the appropriate ticket and in the case of using a smart card as a ticket, using it in the appropriate manner in conjunction with an automatic processing device so that the appropriate fare is paid to the Corporation. (L.N. 6 of 1998) (Enacted 1987) Cap 372E bylaw 7 Production of tickets and surcharge (1) All tickets shall remain the property of the Corporation and must be produced at any time on any bus or on the railway on demand being made therefor by any official of the Corporation. (2) Any person who refuses or fails to pay the appropriate fare or refuses or fails to produce his ticket shall be liable to pay a surcharge. (3) A person holding or using a free or concessionary ticket while on the railway or on any bus or vehicle of the railway shall produce on demand by an official sufficient evidence to prove his entitlement to hold and use the ticket. (L.N. 205 of 1994) (4) Any person who uses a free or concessionary ticket but fails to produce sufficient evidence to prove his entitlement to such use shall be liable to pay a surcharge as if no ticket were held. (L.N. 205 of 1994) (5) Any person who without the authority of an official, which authority shall not be unreasonably withheld, holds a free or concessionary ticket and fails to produce sufficient evidence to prove his entitlement to hold such ticket shall be required upon demand by an official to surrender such ticket to the official. (L.N. 205 of 1994) (Enacted 1987) Cap 372E bylaw 8 Damaging and using damaged tickets (1) No person shall improperly do anything to or with a ticket whereby- (a) the coded or printed data thereon is erased wholly or in part or is otherwise altered or interfered with; or (b) the ticket is otherwise damaged.(2) No person shall use or attempt to use for travel on any bus or the railway a ticket which has been improperly altered damaged or which has been otherwise interfered with and, in the case of using a smart card as a ticket which is unable to communicate with an automatic processing device for tickets. (L.N. 6 of 1998) (Enacted 1987) Cap 372E bylaw 9 Failures to pay fare, etc. (1) Save as provided under paragraphs (2), (3), (4), (5) and (6), no person prior to leaving any bus or the railway shall fail to or refuse to pay any fare or other sum payable to the Corporation in accordance with these by-laws. (L.N. 6 of 1998) (2) When a person is liable to pay a surcharge, payment shall be made immediately on demand by an official and payment shall be made to the official demanding the surcharge. (3) When a person aged 16 years and over is unable in the opinion of an official to make immediate payment of a surcharge, the demand of the surcharge by the Corporation shall be made by way of service of a notice in writing and the person upon whom the notice is served shall sign the notice and shall make payment of the surcharge not later than 14 days from the date of service of the notice. (4) When a person under the age of 16 years is unable in the opinion of an official to make immediate payment of the surcharge, the demand of the surcharge by the Corporation shall be made by way of service of a notice in writing upon his parent, legal guardian or next of kin and the person who receives the notice shall make payment of the surcharge not later than 14 days from the date of the notice. (5) The decision as to whether a person is unable to make immediate payment of a surcharge shall be in the absolute discretion of an official dealing with tickets or passengers and shall be final and binding for all purposes without liability of whatever nature for any loss and damage whatsoever and howsoever arising from any such decision. (6) The Corporation shall be entitled at its own discretion to deduct the surcharge wholly or in part from any smart card held by any passenger liable in respect thereof. (L.N. 6 of 1998) (L.N. 205 of 1994) Cap 372E bylaw 10 Travel without a ticket or with expired or inappropriate ticket (1) If a person (other than a person who is under the age of 3 years) travels or attempts to travel on any bus or vehicle of the North-west Railway- (a) without a ticket; (b) with a ticket which has been altered without the authority of the Corporation or any of its officials or which has been damaged; (c) with an invalid ticket; or (L.N. 6 of 1998) (d) with a personalized ticket which has been issued to another person, (L.N. 6 of 1998) (e) (Repealed L.N. 6 of 1998)he shall be regarded as not having paid his fare and shall be liable to pay a surcharge to the Corporation. (2) For the purposes of by-law 10(1)- (a) a ticket shall expire and becomes invalid in the event that a passenger fails to complete the journey to which the ticket relates within 2 hours of being issued with a ticket; (L.N. 6 of 1998) (aa) the period of validity and special conditions governing a season ticket or a stored value ticket shall be those printed upon the ticket or, if no period of validity or special conditions are printed upon the ticket such period of validity and special conditions as are set out in the publications, notices, lists or tables issued by or on behalf of the Corporation from time to time; (L.N. 205 of 1994) (b) a person who is on any bus or vehicle of the North-west Railway and who subsequently leaves or attempts to leave the bus or vehicle of the North-west Railway or the railway premises shall, in the absence of proof to the contrary, be presumed to have travelled upon the railway; (c) all tickets issued by or on behalf of the Corporation shall be delivered up at the request of an official if they have become invalid whether or not any stored value remains in such ticket. (L.N. 205 of 1994)(3) (Repealed L.N. 205 of 1994) (Enacted 1987. L.N. 205 of 1994) Cap 372E bylaw 11 Passengers to examine tickets and change (1) All persons shall examine their tickets and any change tendered before leaving any ticket office. (2) Neither the Corporation nor any official of the Corporation shall be liable for any error or omission not drawn to their attention at the time of issue of a ticket. (3) A person boarding any bus shall insert not less than the appropriate fare into a farebox in payment of the fare or shall produce for inspection a valid ticket or authority for travel. (4) A person using an automatic vending machine shall insert not less than the appropriate fare in legal tender including a valid stored value ticket for the purchase of a ticket. (5) No person shall be entitled to any refund of any amount inserted into an automatic vending machine or a farebox which is- (a) in excess of the appropriate fare; or (b) in excess of the balance required to make up the appropriate fare where the value remaining in a stored value ticket is inadequate.(6) The amount (including a nil amount) from time to time printed on or encoded on a ticket shall be conclusive evidence of the amount paid in respect of such ticket and in the case of a stored value ticket the value (if any) remaining in such ticket. (7) Any person who is requested to do so by any official of the Corporation shall immediately produce to that official acceptable proof of his entitlement to any concessionary or other special type of ticket or fare. (Enacted 1987) Cap 372E bylaw 12 Exchanges and refunds (1) A fare may be refunded or a ticket may be refunded or exchanged at the absolute discretion of the Corporation. Any such exchange or refund may be subject to the deduction of an administration charge prescribed and published by the Corporation from time to time. (2) The form of any refund shall be at the absolute discretion of the Corporation. (3) The Corporation shall not be obliged to issue a ticket in replacement of a lost or mislaid or unused ticket nor will it be obliged to make a refund in respect of the value of any such ticket or the amount of a fare or a surcharge levied as a consequence of failure to produce a ticket when required. (Enacted 1987) Cap 372E bylaw 13 Children travelling on buses and the railway (1) Except when otherwise specified in notices, lists, tables or other publications issued by or on behalf of the Corporation, up to two children under 3 years of age may accompany each adult passenger on any bus or on the railway free of charge provided that such child or children do not occupy a seat or seats that are required for other passengers. (2) Each adult passenger accompanied by more than two children under 3 years of age shall pay the child fare as provided for in by-law 4 for any children exceeding two in number. (L.N. 205 of 1994) (3) Any child over 3 years of age but under 12 years of age when travelling on any bus or on the railway shall pay the child fare as provided for in by-law 4. (L.N. 205 of 1994) (4) In the absence of proof as to the age of any child referred to in these by-laws the decision as to age shall be in the absolute discretion of the officials of the Corporation dealing with tickets or passengers and shall be final and binding for all purposes without liability of whatever nature for any loss or damage whatsoever and howsoever arising from any such decision. (Enacted 1987) Cap 372E bylaw 14 Refusal of access The Corporation or any official may refuse to admit any person onto any bus or vehicle of the railway or to any part of the railway premises at any time whom it or he believes is likely to act in a riotous, disorderly or offensive manner or whom it or he reasonably suspects of committing or attempting to commit any offence contrary to any of these by-laws. (L.N. 205 of 1994) Cap 372E bylaw 15 Trespass and removal of trespassers PART III TRESPASS AND DAMAGE TO BUSES AND THE RAILWAY (1) No person shall enter into or upon the railway premises or any part thereof other than those parts clearly defined by means of notices, indicators and other directions for the use of persons using the railway, nor shall any person enter or leave such parts other than by use of the designated entrances or exits. (2) Any person who, without lawful excuse or the authority of the Corporation or its officials is on any bus or vehicle of the North-west Railway or on any part of the railway premises or who otherwise being in breach of these by-laws refuses to leave the same on being requested so to do by any official of the Corporation may be immediately removed therefrom without prejudice to any penalty or surcharge which may be imposed in accordance with these by-laws. (Enacted 1987) Cap 372E bylaw 16 Offensive matter, materials, etc. (1) No person shall cause, permit or suffer- (a) any sewage, drainage or any other offensive matters to flow onto or otherwise come onto or be upon the railway or any part thereof; (b) any waste product, waste materia or food or refuse of any kind to be deposited on or otherwise come onto any bus or vehicle of the North-west Railway or any part of the railway; (c) any kite, balloon, model or other thing to fly or otherwise pass over any part of the airspace above the railway or any part thereof; (d) any kind of construction materials, construction plant or equipment to be deposited on or otherwise come upon and remain upon or pass across the railway premises except with the written authority of the Corporation.(2) No person shall cause permit or suffer any missile, article or other object whatsoever to be propelled at or thrown at or wilfully dropped upon any bus or vehicle of the North-west Railway or other part of the railway. (Enacted 1987) Cap 372E bylaw 17 Powers of the Corporation's officials PART IV AUTHORITY OF THE CORPORATION STAFF No official of the Corporation shall have any actual or apparent authority to waive, amend or otherwise alter any of these by-laws or conditions made hereunder or the by-laws or conditions of any other person or body, or to extend or vary all or any liability which may devolve on the Corporation under these by-laws or further or otherwise. (Enacted 1987) Cap 372E bylaw 18 Unlawful use of equipment on buses and the railway PART V CONDUCT OF PERSONS ON BUSES AND THE RAILWAY No person except an official of the Corporation shall- (a) actuate any emergency or safety device on any bus or vehicle of the North-west Railway or upon the railway except for the express purpose for which the same is provided and in accordance with the instructions printed thereon or on a notice displayed near thereto; (b) enter or leave (or attempt to enter or leave) any bus or vehicle of the North-west Railway whilst it is in motion or (except in case of accident or other emergency) between stops or otherwise than at the side of the bus or vehicle of the North-west Railway adjacent to the stop or the platform appointed for passengers to enter or leave the bus or vehicle of the North-west Railway; (c) enter or leave (or attempt to enter or leave) any bus or vehicle of the North-west Railway after the doors have commenced to close; (d) where notices are exhibited on a bus or a vehicle of the North-west Railway indicating that a door shall be used for entrance thereto and another door for exit therefrom (except in case of accident or other emergency) enter or attempt to enter by the door indicated for exit or leave or attempt to leave by the door indicated for entry; (e) operate, move, work or tamper with any mechanical or electrical appliance or any plant or equipment whatsoever which belongs to the Corporation or is constructed for the purposes of or in connection with the railway. (L.N. 205 of 1994) (Enacted 1987) Cap 372E bylaw 19 Indemnities for damage caused to persons and property A person who by reason of bringing any animal, article or object on to any bus or vehicle of the North-west Railway or any part of the railway causes any injury, loss or damage whatsoever to the Corporation or its officials or any other person or causes any loss or damage whatsoever to the property of the Corporation, its officials or any other person shall indemnify the Corporation against all or any claims, demands, costs and expenses whatsoever arising therefrom in respect of any such injury, loss or damage howsoever caused: Provided that this by-law shall not apply in circumstances where the damage or loss to the property or persons referred to herein arises entirely from the neglect or default of an official of the Corporation. (Enacted 1987) Cap 372E bylaw 20 Compliance with notices (1) Every person while on a bus or vehicle of the North-west Railway or on any part of the railway premises shall comply with all notices, indicators and all reasonable directions and requests of officials of the Corporation. (2) No person shall stand on the upper deck or any staircase of a bus. (3) Without prejudice to the generality of by-law 20(1) if any official of the Corporation determines that a bus or vehicle of the North-west Railway is full, no person shall enter or remain therein having just entered if directed by such official not to do so. (Enacted 1987) Cap 372E bylaw 21 Feet not to be placed on seats No person shall place his feet on any seat in any bus or on any vehicle of the North-west Railway or on any other part of the railway premises. (Enacted 1987) Cap 372E bylaw 22 Smoking prohibited No person shall smoke or carry a lighted pipe, cigar or cigarette in any bus or vehicle of the North-west Railway, or any other part of the railway premises where smoking is prohibited by notice. (Enacted 1987) Cap 372E bylaw 23 Spitting and litter prohibited No person shall- (a) spit in or on any bus or on any vehicle of the North-west Railway or any part of the railway premises; or (b) deposit or throw any litter on any bus or vehicle of the North-west Railway or on any part of the railway premises except into receptacles provided for that purpose. (Enacted 1987) Cap 372E bylaw 24 Nuisance (1) No person shall at any time while upon the railway premises- (a) use any threatening, abusive, obscene or offensive language or behave in a riotous, disorderly, indecent or offensive manner; or (b) paint, write, draw or affix any word, representation or character upon or wilfully soil or defile the railway premises or break, cut, scratch, tear, deface or otherwise damage any part of the railway premises including any bus or vehicle of the railway or any of the fittings, furniture, decorations, or equipment thereof or any publication, notice, list, time-table, advertisement, number plate, number, figure or letter therein or thereupon or remove therefrom or detach any such article or object; or (L.N. 650 of 1994) (c) damage any property upon the railway premises; or (d) molest or wilfully interfere with the comfort or convenience of any person; or (e) obstruct, impede or distract an official from performing his duties.(2) Notwithstanding the provisions of by-law 41, any person who contravenes paragraph (1) shall be liable to the Corporation for the amount of the damage done to any property of the Corporation or of any other person. (L.N. 205 of 1994) Cap 372E bylaw 24A Passengers in unfit or improper condition No person in a state of intoxication or who is in an unfit or improper condition shall enter or remain upon the railway premises or any part thereof. (L.N. 205 of 1994) Cap 372E bylaw 25 Singing, dancing and musical instruments prohibited No person unless authorized in writing by the Corporation or any of its officials while upon any bus or vehicle of the North-west Railway or any part of the railway premises shall sing, dance or perform on any musical or other instrument or use a radio, cassette recorder, compact disc player or similar device, television or any other such electrical or mechanical device which is likely to cause annoyance, inconvenience or disturbance to any other person. (Enacted 1987) Cap 372E bylaw 26 Prohibited items No person shall- (a) bring onto any bus or vehicle of the railway or any part of the railway premises any luggage, article, object or any other thing which by reason of its nature, in the opinion of an official, cannot be carried or otherwise accommodated on any bus or vehicle of the railway or any part of the railway premises without the likelihood of causing damage to the property of the Corporation or without the likelihood of causing a nuisance or inconvenience to other persons using any bus or the railway; (b) except as authorized by the Corporation consume any food or beverage (whether alcoholic or non-alcoholic) on any bus or vehicle of the railway or any part of the railway premises; (c) bring onto any bus or vehicle of the North-west Railway or any part of the railway premises any animal (including birds, fish and reptiles) or other livestock provided that this restriction shall not apply to a guide dog accompanying a blind person or a dog which is being used for duty purposes by a police officer; or (d) place or throw any lighted cigarette end, match, tobacco, liquid, substance or any other thing upon the railway premises in a manner which constitutes or is likely to constitute a fire hazard. (Enacted 1987. L.N. 205 of 1994 ) Cap 372E bylaw 27 Unauthorized bill posting, advertising and touting PART VI HAWKERS, LOITERERS AND BILL POSTING No person on any bus or on any vehicle of the North-west Railway or any part of the railway premises shall, except with the written authority of the Corporation- (a) post, stick, paint or write or cause to be posted, stuck, painted or written any bill, placard, advertisement or any other matter; (b) display or exhibit or cause to be displayed or exhibited any printed, written or pictorial matter or any article for the purpose of advertisement or publicity, or distribute any book, leaflet or other printed matter or any sample or other article; or (c) tout, ply for, or solicit alms, reward or custom or employment of any description. (Enacted 1987) Cap 372E bylaw 28 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 on any bus or vehicle of the North-west Railway or any part of the railway premises and sections 86, 86A, 86C, and 86D of the Public Health and Municipal Services Ordinance (Cap 132) shall apply to an offence under this by-law as if such offence were a hawker offence within the meaning of section 86 of that Ordinance. (Enacted 1987) Cap 372E bylaw 29 Loitering prohibited No person other than passengers or other persons having the authority of the Corporation and on lawful business in or in connection with the railway shall loiter in or about any part of the railway premises. (Enacted 1987) Cap 372E bylaw 30 Vehicles not to be left on railway premises PART VII VEHICLES ON THE RAILWAY PREMISES Except with the written authority of the Corporation, no person shall park or leave or cause any vehicle to be parked or left on the railway premises or any part thereof. (Enacted 1987) Cap 372E bylaw 31 Dealing with vehicles left on railway premises (1) The Corporation may in such manner as it thinks fit remove and detain any vehicle in respect of which a contravention of by-law 30 is committed and may charge the owner or driver thereof all costs and expenses occasioned by and incidental to such removal and detention without prejudice to any penalty incurred by contravention of that by-law. (2) As soon as is reasonably practicable after a vehicle has been detained under by-law 31(1) the Corporation shall serve on the registered owner of the vehicle (as defined in the Road Traffic Ordinance (Cap 374)) a notice informing him- (a) of the detention of the vehicle and the place of detention; and (b) that, unless the vehicle is removed from the place of detention on payment of any costs and charges within 14 days after the service of the notice on him, the vehicle shall become the property of the Corporation free from the rights of any person and may be disposed of by the Corporation by sale or otherwise.(3) If a vehicle is not removed in accordance with the notice served under by-law 31(2), the vehicle shall become the property of the Corporation free from the rights of any person and may be disposed of by the Corporation by sale or otherwise as it thinks fit. (4) If, within 6 months after the day on which a vehicle is sold pursuant to by-law 31(3), any person satisfies the Corporation that at the time the vehicle became the property of the Corporation by virtue of that by-law, he was the owner of the vehicle, the 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 by-law 31(2) may be served personally or by post. (6) For the purpose of this by-law "vehicle" (车辆) includes the equipment carried by or on a vehicle. (Enacted 1987) Cap 372E bylaw 32 Drivers to comply with traffic signs Vehicle drivers while in or upon any part of the railway premises shall obey all traffic signs and signals and the reasonable instructions and directions of officials of the Corporation. (Enacted 1987) Cap 372E bylaw 33 Dangerous driving No person shall drive or operate any vehicle through, into or upon the railway premises or any part thereof in excess of the speed indicated by a notice, indicator, sign or signal or by an official or in a manner likely to involve danger to others. (Enacted 1987. L.N. 205 of 1994) Cap 372E bylaw 34 Vehicles prohibited on certain parts of railway premises No person shall drive or operate any vehicle upon or along the railway premises or any part thereof set apart for the exclusive use of pedestrians. (Enacted 1987) Cap 372E bylaw 35 Dangerous goods PART VIII DANGEROUS GOODS No person not being an official of the Corporation duly authorized in that behalf shall bring onto any bus or any vehicle of the North-west Railway or any part of the railway premises any substance or other thing which is subject to the provisions of the Dangerous Goods Ordinance (Cap 295). (Enacted 1987) Cap 372E bylaw 36 Lost property PART IX LOST PROPERTY Every person who finds any article or object in or upon any bus or vehicle of the North-west Railway or any part of the railway premises shall hand over the same to an official of the Corporation as soon as is practicable and no person other than an official of the Corporation shall remove from any bus or vehicle of the North-west Railway or any part of the railway premises any property lost or left behind therein, save for the purpose of handing over the same as soon as is practicable to an official of the Corporation and all articles or objects so found shall as between the finder and the Corporation be deemed to be in the possession of the Corporation. (Enacted 1987) Cap 372E bylaw 37 Disposal of lost property (1) All articles or objects found and which come into the possession of the Corporation shall be dealt with as follows- (a) perishable, noxious or otherwise offensive goods or articles may be disposed of by the Corporation by sale or otherwise as in its absolute discretion it sees fit as soon as practicable after the same comes into its possession; (b) all other articles or objects shall be retained by the Corporation for a period of 1 month after they have come into its possession and, if at the end of that period they remain unclaimed, they shall be deemed to become the absolute property of the Corporation free from any other rights and encumbrances, and the Corporation may dispose of them by sale or otherwise and at such price (if any) as the Corporation in its absolute discretion thinks fit.(2) If within a period of 6 months from the date of any sale by the Corporation of any article or object the former owner thereof (which expression includes the person formerly entitled to the beneficial interest therein) establishes to the satisfaction of the Corporation prior lawful ownership of the article or object the former owner shall be paid the proceeds of sale less all expenses incurred by the Corporation in respect of and incidental to such sale provided that the former owner shall provide the Corporation with an indemnity in such form as may be required by the Corporation as a pre-condition to payment by the Corporation of any such sale proceeds. (3) The Corporation shall not be liable to any person for any loss or damage whatsoever and howsoever arising from the loss of any article or object or the retention, sale or other disposal thereof or the restoration under by-law 37(2) of any article or object to a person other than the former lawful owner thereof. (Enacted 1987) Cap 372E bylaw 38 Payment of sums sufficient to indemnify Corporation PART X LIMITATION OF LIABILITIES Any passenger or person or the owner of any animal, vehicle, luggage, goods, articles or things howsoever mentioned or referred to in these by-laws shall pay to the Corporation the amount of all or any sum or sums required to indemnify the Corporation or any official of the Corporation from and against all or any claim made by or on behalf of any passenger or owner or other person including personal representatives of the same arising out of the carriage or custody by the Corporation or any official of the Corporation of any animal, vehicle, luggage, goods, articles or things and any cost, loss, damage or expense incurred in connection herewith and the Corporation shall hold any such sums paid in respect of any such claims against any cost, damage, loss or expense of any official of the Corporation in trust for the official concerned. (Enacted 1987) Cap 372E bylaw 39 Limitations and exemptions The Corporation in making these by-laws do so for themselves and for and on behalf of each and every official of the Corporation and the payment of a fare or the acceptance of a ticket by any passenger or person shall be conclusive evidence of his or their agreement that each and every limitation and exemption afforded to the Corporation by these by-laws or all or any of them shall extend to each such official. (Enacted 1987) Cap 372E bylaw 40 Removal of persons from railway PART XI ENFORCEMENT AND PENALTIES (1) Any person who is reasonably suspected of committing or attempting to commit any offence against any of these by-laws shall produce proof of his identity and give his name, telephone number and address to an official of the Corporation when required to do so and any official of the Corporation may without warrant arrest that person and forthwith remove him from any bus or the railway and take him to a police station to be dealt with in accordance with the Police Force Ordinance (Cap 232). (L.N. 212 of 2000) (2) An official acting in execution of the powers conferred under by-law 40(1) shall produce the authorization issued by the Corporation in accordance with by-law 2 prior to executing those powers. (3) The powers conferred under by-law 40(1) are in addition to the power of arrest under section 38 of the Ordinance. (4) No person shall wilfully provide false information when required to provide information under by-law 40(1). (L.N. 205 of 1994) (Enacted 1987) Cap 372E bylaw 41 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 second column of that Schedule opposite the reference to that by-law. (Enacted 1987) Cap 372E bylaw 42 Preservation of other causes of action (1) Unless the context otherwise requires nothing in these by-laws and no prosecution or step or action hereunder shall bar any further or other claim for damages or other remedy or relief which the Corporation or its agents or other persons may be entitled to prosecute or bring. (2) Any sum levied by or payable to the Corporation or its agents (including, without limitation, any fare, or surcharge) whether by wa of penalty, debt, damages, costs, loss, expense or otherwise shall be due to the Corporation or its lawful agents as a debt due on demand and shall be enforceable as a civil debt. (Enacted 1987) Cap 372E SCHEDULE [by-law 41] PENALTIES By-law Penalty 6 $5000 fine 7 $5000 fine 8 $10000 fine and 6 months imprisonment 9 $5000 fine 10(1) $5000 fine 13(3) $2000 fine 15 $5000 fine 16 $5000 fine and 6 months imprisonment 18(a) $5000 fine and 6 months imprisonment 18(b), (c) and (d) $2000 fine 18(e) $10000 fine and 6 months imprisonment 20 $1000 fine 21 $1000 fine 22 $5000 fine 23 $5000 fine 24 $5000 fine and 6 months imprisonment 24A $5000 fine 25 $2000 fine 26(a), (b) and (c) $3000 fine 26(d) $10000 fine and 2 years imprisonment 27 $5000 fine and 6 months imprisonment 28 $5000 fine and 6 months imprisonment 29 $1000 fine and 3 months imprisonment 30 $5000 fine 32 $5000 fine and 3 months imprisonment 33 $5000 fine and 6 months imprisonment 34 $5000 fine 35 $5000 fine and 6 months imprisonment 36 $2000 fine 40(1) $1000 fine 40(4) $3000 fine and 3 months imprisonment (L.N. 205 of 1994; L.N. 6 of 1998)
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