(Cap 265 section 15A) [14 July 1989] (L.N. 237 of 1989) Cap 265B bylaw 1 Citation PART I GENERAL These by-laws may be cited as the Peak Tramway By-laws. (Enacted 1989) Cap 265B bylaw 2 Application of by-laws These by-laws shall apply to the premises (as defined) including tramcars, and all places with respect to which the Company has powers to make by-laws. (Enacted 1989) Cap 265B bylaw 3 Interpretation In these by-laws- "Company" (公司) means the Peak Tramways Company Limited; "official" (职员) means any officer or employee of the Company and includes any conductor having charge of any tramcar and any ticket inspector; "passengers" (乘客) means members of the public using the tramway or lawfully upon the premises in order to use the tramway; "premises" (处所) includes all premises of whatsoever nature used in connection with the tramway, including the termini and the tramcars; "tramcar" (缆车车厢) includes all tramcars, cars and trucks or similar vehicles used upon the tramway. (Enacted 1989) Cap 265B bylaw 4 No Liability for injury The Company accepts no liability for any loss or damage, whether physical injury or damage, or otherwise, suffered by any persons while on the premises (including the tramcars) except to the extent that such loss or damage involves death or physical injury and is directly attributable to the negligence of the Company. (Enacted 1989) Cap 265B bylaw 5 Compliance with notices PART II CONDUCT OF PASSENGERS Every person while on the premises shall comply with all notices, signs, indicators and all reasonable directions and requests of any official. (Enacted 1989) Cap 265B bylaw 6 Boarding and leaving tramcar When a tramcar stops, no person shall board the tramcar until directed to do so by an official. In no circumstances shall any person enter, mount or leave, or attempt to enter, mount or leave any tramcar whilst it is in motion. (Enacted 1989) Cap 265B bylaw 7 Maximum number of passengers on tramcar Each tramcar is authorized to carry a maximum number of passengers. If an official determines that a tramcar is full, no person shall enter such tramcar and any passenger shall promptly leave such tramcar if directed by such official to do so. (Enacted 1989) Cap 265B bylaw 8 Damage to tramcar If at any time a tramcar becomes in any way damaged, or from any cause unable to proceed, the passengers shall upon the request of an official leave the tramcar under the direction of the official, and if such passengers have paid their fares, they shall not be entitled to demand back the amount of their fares so paid, but on production of their tickets shall be allowed to travel by the next available tramcar the remainder of the distance in respect of which they have paid their fares. No person shall except with the leave of an official enter a damaged tramcar which is not in use, or is to be withdrawn from use. (Enacted 1989) Cap 265B bylaw 9 Non-smoking areas No passenger shall smoke or carry a lighted pipe, cigar or cigarette in any area within the premises designated by the Company by notice to be a non-smoking area. (Enacted 1989) Cap 265B bylaw 10 Prohibition of musical instruments etc. No passenger or other person shall play or perform upon any musical instrument, portable radio, cassette player or other audio equipment while upon the premises. (Enacted 1989) Cap 265B bylaw 11 Prohibition of spitting etc. No passenger shall- (i) spit in, on, from or against any tramcar, or on the premises; (ii) swear, or use vulgar or abusive language, whilst on the premises; (iii) place or throw any litter or rubbish upon the premises including in or from the tramcars, except into marked receptacles provided for that purpose; (iv) place his feet on a seat in any part of the premises including the tramcars; or (v) otherwise intentionally interfere with the comfort of any other passenger. (Enacted 1989) Cap 265B bylaw 12 Conduct of passengers No person shall conduct himself on any tramcar or in any other part of the premises so as to cause, or be likely in the opinion of an official to cause, a nuisance or annoyance to other passengers. (Enacted 1989) Cap 265B bylaw 13 Animals etc. No person shall bring any animal or other livestock into or upon any part of the premises, other than a guide-dog accompanying a blind person. (Enacted 1989) Cap 265B bylaw 14 Consumption of food and drink (i) No person shall consume, or attempt to consume, any food (including ice-cream) or beverage (whether alcoholic or non-alcoholic) in any tramcar; (ii) no person in a state of intoxication shall be permitted upon any part of the premises, or to enter or mount upon any tramcar, and if any official believes a person to be in a state of intoxication he may require that person to leave the premises immediately, upon the fare, if already paid, being returned. (Enacted 1989) Cap 265B bylaw 15 Damage to Company property No person shall damage in any way whatsoever any of the premises or property belonging to the Company including any tramcar, or remove or deface any printed or other notice, in or on the premises, or break or scratch any window of any tramcar. Any person acting in contravention of this by-law shall be liable to pay the amount of any damage done, in addition to the penalty prescribed by these by-laws for contravention of this by-law. (Enacted 1989) Cap 265B bylaw 16 Wearing of suitable clothing on tramway Suitable dress or clothing must be worn at all times by persons upon any part of the premises. Any person whose dress or clothing might in the opinion of an official soil or injure the premises or the dress or clothing of any other passenger, or which in the opinion of an official, might for any other reason be offensive to passengers, shall not mount, enter or remain on or in any part of the premises, including any tramcar, and may be prevented from so doing; and shall, on request by an official, leave the same upon the fare, if previously paid, being returned. (Enacted 1989) Cap 265B bylaw 17 Boarding of tramway with luggage, food etc. No person shall- (i) carry or attempt to carry upon the tramway any luggage, article or other thing which cannot be carried or otherwise accommodated on the tramway without risk of damage to the tramway and without causing a nuisance or inconvenience to other passengers; or (ii) be allowed to board any tramcar or enter any areas of the tramway for the use of passengers carrying any item, food or package that might in the opinion of an official be offensive to other passengers or might soil or damage the premises (including the tramcar), or the property of other passengers. (Enacted 1989) Cap 265B bylaw 18 Entry onto premises PART III TRESPASS TO PREMISES No person, not being an official, or duly authorized by the Company, shall enter any part of the tramway line or track or any other part of the premises not specifically provided for the use of passengers. (Enacted 1989) Cap 265B bylaw 19 Refusal of admission The Company reserves the right to refuse to admit any person onto the premises or any part thereof at any time, and shall not be required to state any reason for such refusal. (Enacted 1989) Cap 265B bylaw 20 Carriage on tramway etc. PART IV TICKETS AND FARES The purchase of a ticket for carriage upon the tramway does not guarantee that a passenger will be conveyed on any particular tramcar, or that any tramcar shall depart or arrive at a particular time and the Company will not be liable to any person for any loss or damage caused by the alteration, suspension or withdrawal of the Company's tramway services (or a part thereof) for any reason whatsoever. All time-tables issued by the Company are issued by way of guidance only and any departure and arrival times for any tramcar are estimates only. (Enacted 1989) Cap 265B bylaw 21 Issue of tickets etc. (i) All tickets issued by or on behalf of the Company are issued subject to these by-laws. (ii) Any person to whom or on whose behalf a ticket is issued or otherwise acquires a ticket shall be deemed to have knowledge of and to have agreed to these by-laws. (iii) The fares appearing in notices, lists or tables published from time to time by the Company and posted at all locations for the purchase of tickets for carriage upon the tramway are the authorized fares for travel upon the tramway. (Enacted 1989) Cap 265B bylaw 22 Monthly and season tickets (i) The Company may issue monthly or season tickets carrying no special rights or privileges which shall be for the use only of the passenger who is named thereon, who shall immediately upon issue sign such monthly or season ticket. (ii) No person shall use, or attempt to use, any season ticket which is not issued in his name, and no monthly or season ticket holder shall sell or transfer, or attempt to sell or transfer any monthly or season ticket of which he is the holder to any other person. (iii) All monthly and season tickets shall be produced for inspection by an official whenever the holder is entering upon or leaving the premises, or in default the monthly or season ticket holder shall pay the same fare for the journey as that legally demandable from a passenger who is not a monthly or season ticket holder. (iv) In the event of any monthly or season ticket holder contravening any of these by-laws the Company shall be entitled, on being satisfied that an offence has been committed to impound, retain and forfeit such monthly or season ticket and shall be under no liability to make any refund in respect thereof. (Enacted 1989) Cap 265B bylaw 23 Payment of fare No person shall, without lawful authority or reasonable excuse travel or attempt to travel upon any part of the tramway without first paying the appropriate fare and obtaining the appropriate ticket. Any person leaving the premises shall be deemed to have completed his journey and shall deliver up his ticket (unless the same is an unexpired monthly or season ticket) upon request of an official. (Enacted 1989) Cap 265B bylaw 24 Display of ticket Every passenger shall show his ticket (whether a monthly or season ticket, or other form of ticket) when requested by an official. (Enacted 1989) Cap 265B bylaw 25 Firearms PART V FIREARMS AND DANGEROUS SUBSTANCES No person not being a member of Her Majesty's forces, a police officer, a member of the Customs and Excise Service or an officer of the Independent Commission against Corruption shall carry or have with him any firearms or ammunition on any part of the premises. (Enacted 1989) Cap 265B bylaw 26 Dangerous substances No person not being duly authorized in that behalf shall bring on to any part of the premises any substance or other thing which is subject to the provisions of the Dangerous Goods Ordinance (Cap 295). (Enacted 1989) Cap 265B bylaw 27 Lost property to be handed to official PART VI LOST PROPERTY Any person who finds any property which appears to have been lost or misplaced by another person in or upon any part of the premises shall hand the same to an official, and no person other than an official shall remove from any tramcar any such property save for the purpose of handing over the same immediately to an official. (Enacted 1989) Cap 265B bylaw 28 Storage of lost property etc. (i) All lost or misplaced property which comes into the possession of the Company shall be dealt with as follows- (a) perishable, noxious or otherwise offensive goods or articles may be disposed of by the Company as soon as practicable after they have come into its possession by sale or otherwise as it sees fit; (b) all other goods or articles shall be retained by the Company 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 Company free of all rights and encumbrances, and the Company may dispose of them by sale or otherwise as it sees fit and retain any proceeds of sale thereof, and no claim for damages or compensation shall be brought against it by any person in respect of such goods or articles.(ii) Any person claiming ownership of any lost property shall be required to identify it to the reasonable satisfaction of the Company before the Company shall return such property to such person. (Enacted 1989) Cap 265B bylaw 29 No intentional obstruction PART VII ENFORCEMENT AND PENALTIES No person shall intentionally obstruct or impede any official in the execution of his duty upon or in connection with any tramcar or other property of the Company. (Enacted 1989) Cap 265B bylaw 30 Removal from Company premises Every official shall have the power to remove (if necessary by the use of reasonable force) from the premises, or any part thereof, any person whom he reasonably suspects of committing or attempting to commit any breach of these by-laws; and in the case where such breach is an offence as herein provided he shall have the power to detain such person until he can be delivered into the custody of a police officer to be dealt with according to the law. Where any person so removed shall have paid his fare he shall not be entitled to claim its return. (Enacted 1989) Cap 265B bylaw 31 Penalties for committing offence Any person who offends against or commits a breach of any of the by-laws 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 1989) Cap 265B bylaw 32 Copies of by-laws There shall be placed and kept in a conspicuous position at the Company's termini and at its registered office printed copies in the English and Chinese languages of these by-laws. (Enacted 1989) Cap 265B SCHEDULE [by-law 31] PENALTIES By-law Summary of Offence Penalty 6 Improperly boarding a tramcar $1000 9 Smoking in non-smoking area $5000 10 Playing a musical instrument etc. $1000 11 Spitting, swearing etc. $1000 12 Causing a nuisance $3000 + 6 months imprisonment 13 Bringing animals onto the premises $1000 14 Consuming food in tramcar $1000 14 Intoxication $3000 + 6 months imprisonment 15 Causing damage $5000 + 6 months imprisonment 16 Wearing unsuitable clothing $1000 17 Carrying excessive luggage, or offensive items $1000 18 Trespass $5000 23 Travelling without a ticket $3000 24 Failure to show ticket $3000 25 Carrying firearms $5000 26 Carrying dangerous goods $5000 29 Obstruction of officials $5000 + 6 months imprisonment (Enacted 1989)
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