To authorize the construction of the Peak Tramway. (Amended 8 of 1912 s. 25) [3 November 1883] (Originally 6 of 1883 (Cap 304 1950 Ed.)) Cap 265 s 1 Short title This Ordinance may be cited as the Peak Tramway Ordinance. (Amended 8 of 1912 s. 25; 5 of 1924 s. 6) Cap 265 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "company" (公司) means the Peak Tramways Company Limited; (Amended 10 of 1926 s. 2) "tramway" (车轨道、车) includes cars and trucks used upon the tramway; (Added 26 of 1989 s. 2) "works" or "undertaking" (工程、工程设施或业务) means the works or undertaking of whatever nature which by this Ordinance are or is authorized to be executed. (Amended 20 of 1948 s. 4) (Amended 26 of 1990 s. 2) Cap 265 s 2A Right to run and operate the tramway Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Upon the payment to the Government by the company of a non-refundable premium of $2790000 within 14 days after the commencement of the Peak Tramway (Amendment) Ordinance 1986 (57 of 1986), the company shall have the right to run and operate the tramway authorized by this Ordinance, along the route specified in section 3, for a period of 10 years commencing on 1 January 1984. (2) The Secretary for Transport shall- (a) if within 2 years after the commencement of the Peak Tramway (Amendment) Ordinance 1986 (57 of 1986) there is produced to him evidence of a commitment by the company to the carrying out of approved works for the modernization and improvement of the tramway and ancillary equipment; and (b) if such commitment is of a kind and in a form satisfactory to him,by notice in the Gazette grant to the company the right referred to in subsection (1) for a further period of 10 years commencing immediately after the expiration of the first such period. (3) For the purposes of subsection (2) "approved works" (获批准的工程) means works approved by the Secretary for Transport. (4) The right conferred by subsections (1) and (2) shall be subject to this Ordinance. (5) The company may, not less than 1 year before the expiry of any further period for which the right to run and operate the tramway is granted under subsection (2), by notice in writing to the Secretary for Transport request an extension of the period. (Added 27 of 1992 s. 2) (6) The Chief Executive in Council may grant an extension pursuant to a request submitted under subsection (5) for a further period not exceeding 10 years on such terms as may be agreed between the company and the Government. (Added 27 of 1992 s. 2. Amended 62 of 1999 s. 3) (Added 57 of 1986 s. 2) Cap 265 s 3 Power to construct and work certain tramways (1) The company may construct and maintain, subject to the provisions of this Ordinance and in accordance with the plan which has been deposited as hereinafter mentioned, the tramway hereinafter described, with all structures, equipment, works, and conveniences connected therewith or for the purposes thereof, and may work and use the same. (Amended 51 of 1911; 63 of 1911 Schedule; 8 of 1912 s. 25; 27 of 1992 s. 3) (2) The tramway authorized by this Ordinance is a partly single and partly double line, commencing from the southwest boundary of Inland Lot 7977, thence passing in a southerly direction up the hillside, crossing over Kennedy Road by means of a bridge and under Macdonnell Road, Magazine Gap Road and May Road Bridges to the terminus at Victoria Gap terminating on the boundary of Rural Building Lots 768, 762 and 858, as shown on plan No. MH2528b dated 23 September 1985 deposited in the Land Registry, Victoria and signed on behalf of the Director of Lands and on behalf of the company: Provided that such alteration as the company thinks fit may be made to the position of the rail-tracks of the tramway as shown on the said plan so long as they are within the limits of deviation shown on the said plan. (Replaced 57 of 1986 s. 3. Amended 8 of 1993 s. 2) Cap 265 s 4 Power to alter levels of ground etc. Subject to the approval of the Secretary for the Environment, Transport and Works, the company may alter the levels of the ground on which the tramway is laid, make and construct all necessary cuttings and embankments, bridges, viaducts, culverts, catch-water drains, and other works, and divert streams: Provided that the earth excavated and thrown to waste is disposed of in such manner as to prevent its being washed down by rain into the harbour. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 26 of 1989 s. 7; L.N. 106 of 2002) Cap 265 s 5 Power to make additional structures, equipment, etc. Subject to the approval of the Secretary for the Environment, Transport and Works, after timely and adequate notification by public advertisement or otherwise of the intention of the company to apply for such approval, the company may construct and maintain, subject to the provisions of this Ordinance and in accordance with plans to be previously deposited with the Secretary for the Environment, Transport and Works, all such structures, equipment, and other works in addition to those particularly specified in and authorized by this Ordinance as may be approved by the Secretary for the Environment, Transport and Works, and may work and use the same. (Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 ss. 7 & 8; 27 of 1992 s. 4; L.N. 106 of 2002) Cap 265 s 6 (Repealed 26 of 1989 s. 11) Cap 265 s 7 Protection of sewers, etc. (1) Where the tramway, or any work connected therewith, interferes with any sewer, drain, watercourse, or subway, or in any way affects sewerage or drainage, the company shall not commence such tramway or work until it has given to the Secretary for the Environment, Transport and Works 14 days' notice in writing of its intention to do so together with all necessary particulars relating thereto, nor until the Secretary for the Environment, Transport and Works has signified his approval of the same, unless he does not signify his approval, disapproval, or other directions within 14 days after service of the said notice and particulars. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 20 of 1948 s. 4; 57 of 1986 s. 4; 26 of 1989 ss. 3 & 8) (2) The company shall comply with the directions of the Secretary for the Environment, Transport and Works in the execution of the said works and shall provide by new, altered, or substituted works, in such manner as he may require, for the proper protection of, and for preventing injury or impediment to, the sewers and works hereinbefore referred to by or by reason of the tramway, and shall save harmless the Secretary for the Environment, Transport and Works against the expense occasioned thereby. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8) (3) All such works shall be done by or under the superintendence of the Secretary for the Environment, Transport and Works, at the cost and expense of the company. (Amended 51 of 1911 s. 4; 20 of 1948 s. 4) (4) When any new, altered, or substituted work is completed, the same shall thereafter be as completely under the control of the Secretary for the Environment, Transport and Works, and be maintained by him, as any other sewers or works. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 20 of 1948 s. 4) (Amended 8 of 1912 s. 25; 26 of 1989 s. 8; L.N. 106 of 2002) Cap 265 s 7A Power to enter adjoining lands, etc. (1) The Secretary for the Environment, Transport and Works may authorize the company, in case of any slip or other accident happening or being apprehended to the tramway or any works under its control, to enter upon any land adjoining the tramway, for the purpose of repairing or preventing the accident, and to do all works that may be necessary for that purpose. (Amended L.N. 106 of 2002) (2) The company shall, at least 14 clear days before it enters upon the land pursuant to the Secretary for the Environment, Transport and Works's authorization under subsection (1)- (Amended L.N. 106 of 2002) (a) deliver to the owner of the land a notice of the authorization and the right for compensation under subsection (5); and (b) affix a copy of the notice upon a conspicuous part of the land to which the authorization relates.(3) The company may in a case of urgency enter upon the land and do the works mentioned in subsection (1) without the authority of the Secretary for the Environment, Transport and Works, but it shall, within 24 hours after the entry, make a report to the Secretary for the Environment, Transport and Works specifying the nature of the happening and of the works necessary to be done, and the power of the company under this subsection ceases if the Secretary for the Environment, Transport and Works notifies the company that the exercise of the power is not necessary for the public safety. (Amended L.N. 106 of 2002) (4) Where the company intends to enter upon the land under subsection (3), it shall, as soon as is practicable- (a) deliver to the owner of the land a notice of its intention and the right for compensation under subsection (5); and (b) affix a copy of the notice upon a conspicuous part of the land to be entered upon,but where in circumstances in which it is impracticable to comply with the requirement of paragraph (a) before it enters upon the land, it shall, as soon as the entry has been made, deliver to the owner of the land a notice that the entry has been made and of the right for compensation under subsection (5). (5) Any person who suffers an injury to a private right in respect of an interest in land adjoining the tramway and which directly arises from any work carried out under subsection (1) or (3) has a right against the company for compensation in respect of actual loss fairly and reasonably arising from that injury. (6) After the expiry of 3 months from the date of the submission of his claim to the company under subsection (5), the claimant may, if the claim has not been agreed, submit his claim to the Lands Tribunal for determination and, for this purpose, the Lands Tribunal has jurisdiction to determine the claim under the Lands Tribunal Ordinance (Cap 17). (7) No claim for compensation under subsection (5) shall be brought after the expiration of 3 years from the date on which the injury on which the claim is founded was suffered. (8) For the avoidance of doubt it is hereby declared that this section applies to the Crown. (Added 27 of 1992 s. 5) Cap 265 s 8 Settlement of differences between company and Director If any difference arises between the company and the Secretary for the Environment, Transport and Works with respect to any interference or control exercised or claimed to be exercised by the company or the Secretary for the Environment, Transport and Works, by virtue of this Ordinance, in relation to the tramway or any work, or in relation to any work or proceeding of the Secretary for the Environment, Transport and Works, or with respect to the propriety or the mode of execution of any work relating to the tramway, or on the question whether any work is such as ought to satisfy the Secretary for the Environment, Transport and Works, or with respect to any other subject or thing regulated by or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by the Chief Executive in Council, on the application of either party. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8; 62 of 1999 s. 3; L.N. 106 of 2002) Cap 265 s 9 Discontinuance of tramway by company (1) If the company discontinues the working of the tramway or of any part thereof for the space of 6 months, (such discontinuance not being occasioned by circumstances beyond the control of the company, the want of sufficient funds not being considered a circumstance beyond its control), the Chief Executive in Council may, by order, declare that the powers of the company in respect of such tramway, or the part thereof so discontinued, shall, from the date of such order, be at an end, and thereupon the said powers of the company shall cease and determine, unless the tramway is purchased by the Government in the manner provided by this Ordinance. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 62 of 1999 s. 3) (2) Where any such order has been made, the Secretary for the Environment, Transport and Works may, at any time after the expiration of 2 months from the date of such order, under the authority of a certificate to that effect, remove the tramway or part of the tramway so discontinued, and the company shall pay the cost of such removal which shall be certified by the Secretary for the Environment, Transport and Works, and the certificate shall be final and conclusive. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 20 of 1948 s. 4) (3) If the company fails to pay the amount so certified within 2 months after delivery of such certificate or a true copy thereof, the Secretary for the Environment, Transport and Works may, without previous notice to the company (but without prejudice to any other remedy which he may have for the recovery of the amount), sell and dispose of the materials so removed, either by public auction or private sale, and for such sum and to such person as he may think fit, and may, out of the proceeds of such sale, reimburse himself the amount of the cost certified as aforesaid and of the cost of sale, and the balance, if any, shall be paid to the company. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8) (Amended L.N. 106 of 2002) Cap 265 s 10 Proceedings in case of insolvency of company If it appears to the Chief Executive in Council that the company is insolvent, so that it is unable to maintain such tramway or work the same with advantage to the public, the Chief Executive in Council may inquire into the financial affairs of the company, and if it appears that the company is so insolvent as aforesaid, he may, by order, declare that the powers of the company shall, at the expiration of 6 months from the making of the order, be at an end, and the powers of the company shall cease and determine at the expiration of the said period, unless the tramway is purchased by the Government in the manner provided by this Ordinance; and thereupon the Secretary for the Environment, Transport and Works may remove the tramway in like manner and subject to the same provisions as to the payment of the cost of such removal, and to the same remedy for recovery of such cost, in every respect as in cases of removal under section 9. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 5 of 1924 s. 8; 20 of 1948 s. 4; 26 of 1989 s. 8; 62 of 1999 s. 3; L.N. 106 of 2002) Cap 265 s 11 Purchase by Government of tramway Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive in Council may, within 3 months after any order made by the Chief Executive in Council under section 9 or 10, by notice in writing require the company to sell, and thereupon the company shall sell, to the Government its undertaking on the terms of paying the then value (exclusive of any allowance for past or future profits of the undertaking or any compensation for compulsory sale or other consideration whatsoever) of the tramway, and all lands, buildings, works, materials, and plant, suitable to and used for the purposes of its undertaking, such value to be, in cases of difference, determined upon petition to the court in a summary way: Provided that, if on any such land the company shall have erected any building, or any portion of a building, for purposes other than its undertaking, such land and the whole of such building shall be deemed to be included in the undertaking unless the Chief Executive in Council by notice in writing declares that such land and building shall be excluded from the sale. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 17 of 1935 s. 2; 20 of 1948 s. 4; 57 of 1986 s. 5) (2) When any such sale has been made, all the rights, powers, and authorities of the company in respect of the undertaking sold, or, where any order has been made by the Chief Executive in Council under section 9 or 10, all the rights, powers, and authorities of the company previous to the making of such order in respect of the undertaking sold, shall be transferred to, vested in, and may be exercised by the Government. (Amended 5 of 1924 s. 8) (Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 62 of 1999 s. 3) Cap 265 s 12 Motive power, etc. The tramcars, motive power, machinery, and apparatus of any kind whatsoever, used on or for the tramway shall be subject to the approval of the Secretary for the Environment, Transport and Works, and no tramcar, motive power, machinery, or apparatus, which has been disapproved by the Secretary for the Environment, Transport and Works shall be used on or for the tramway. (Replaced 10 of 1926 s. 3. Amended 20 of 1948 s. 4; 26 of 1989 ss. 7, 9 & 10; L.N. 106 of 2002) Cap 265 s 13 Construction of tramcars Every tramcar used on the tramway shall be so constructed as to provide for the safety of passengers and for their safe entrance to and exit from, and accommodation in such tramcar, and their protection from the machinery used for drawing or propelling such tramcar. (Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 9) Cap 265 s 14 Design and construction The design and construction of the tramway shall be in accordance with any Code of Practice issued from time to time under section 14A and shall have regard to the safety of all persons using, operating or being in the vicinity of the tramway. (Replaced 26 of 1989 s. 4) Cap 265 s 14A Code of Practice in relation to design The Director of Electrical and Mechanical Services may issue from time to time a Code of Practice dealing with the design and construction of the tramway and notify the issue thereof in the Gazette. (Added 26 of 1989 s. 4) Cap 265 s 14B Appointment of inspectors (1) The Secretary for the Environment, Transport and Works may in writing appoint any person to be an inspector for the purposes of this section and section 14C. (Amended L.N. 106 of 2002) (2) An inspector who is not a public officer may be paid, as a fee for his services, such amount as the Financial Secretary thinks fit. (3) The powers conferred by section 14C or by regulations made under section 15 shall be exercised by an inspector only- (a) for the purpose of testing and examining the tramway following the carrying out of work thereon; or (b) for the purpose of ensuring the safety of the tramway or any part thereof; or (c) where an inspector is directed to investigate an accident on any part of the tramway under such regulations, for the purpose of carrying out such investigation.(4) Where an inspector exercises any power under this Ordinance, he shall produce evidence of his identity, and of his appointment, to any person who requests him to do so. (5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers under this Ordinance. (Added 26 of 1989 s. 4) Cap 265 s 14C General powers of inspectors (1) An inspector may at all reasonable times- (a) enter upon premises to which this subsection applies; (b) carry out on premises to which this subsection applies, or on any machinery, plant or equipment thereon, such tests and inspections as he considers necessary in the exercise of his powers under section 14B(3); (c) require any person to whom this subsection applies- (i) to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection carried out under section 14B(3) or paragraph (b) of this subsection; (ii) to provide the inspector with such information relating to the tramway or any machinery, plant or equipment connected with the tramway as the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose;(d) make copies of any document produced to him pursuant to paragraph (c)(ii).(2) Subsection (1) applies to- (a) the tramway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the tramway; and (b) any employee of the company, any contractor or subcontractor mentioned in paragraph (a) and any employee of such a contractor or subcontractor.(3) Any person who- (a) without lawful excuse, fails to comply with a requirement made under subsection (1)(c); (b) furnishes to an inspector acting under subsection (1)(c) information that is false or misleading in a material particular; (c) obstructs an inspector in the exercise of his powers under subsection (1),commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (4) Where a person is charged with contravening any of the provisions of subsection (3), it shall not be a defence to the charge that compliance with a requirement under subsection (1)(c) would tend to expose that person to any other proceedings for a criminal offence; but nothing done in compliance with a requirement under subsection (1)(c) shall be admissible in evidence in such other proceedings. (Added 26 of 1989 s. 4) Cap 265 s 14D Secretary for the Environment, Transport and Works may order that defects be remedied (1) Where in the opinion of the Secretary for the Environment, Transport and Works- (Amended L.N. 106 of 2002) (a) the condition of any part of the tramway or of any machinery, plant or equipment of such part; (b) the manner in which the tramway or any part thereof is being operated,is such as to cause, or to be likely to cause, a risk of injury to any person, the Secretary for the Environment, Transport and Works may direct the company to carry out such work, or to take such steps, as he may specify in the order to ensure that the condition of the tramway, or of the part or the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk. (Amended L.N. 106 of 2002) (2) A direction under subsection (1) shall be in writing and may specify the date before which the company shall commence to carry out the specified work or take the specified steps and the date by which the same shall be completed. (3) If the company fails without reasonable excuse to comply with a direction under this section the company commits an offence and is liable to a fine of $100000 and to a further fine of $10000 for each day during which the failure to comply with the direction has continued. (4) A copy of a document which purports to be a direction signed by the Secretary for the Environment, Transport and Works for the purposes of subsection (1)- (Amended L.N. 106 of 2002) (a) shall be admitted in evidence in proceedings for an offence under subsection (3) on its production without further proof; and (b) shall be sufficient evidence of the opinion of the Secretary for the Environment, Transport and Works. (Amended L.N. 106 of 2002) (Added 26 of 1989 s. 4) Cap 265 s 14E Closure of tramway for safety reasons (1) The company shall close or partially close the tramway to the use of the public, if so required by notice in writing by the Secretary for the Environment, Transport and Works whenever the Secretary for the Environment, Transport and Works is not satisfied that the tramway is in safe working order, and is of opinion that any further operation of the tramway would be, or would likely to be, dangerous. (2) If the Secretary for the Environment, Transport and Works is not satisfied that the tramway is in safe working order, and is of opinion that no immediate danger will arise from further operation of the tramway, he may, by notice in writing, require the company to put the tramway in safe working order to his satisfaction within a period specified in such notice. (3) Upon expiration of the period specified under subsection (2), if the tramway has not been put in safe working order to his satisfaction, the Secretary for the Environment, Transport and Works may, by notice in writing, direct the company to close or partially close the tramway to the use of the public. (4) Whenever the tramway is directed to be closed or partially closed under this section the tramway or such part thereof thereby affected shall not thereafter be operated for the use of the public without the written consent of the Secretary for the Environment, Transport and Works. (Added 26 of 1989 s. 4. Amended L.N. 106 of 2002) Cap 265 s 14F Closure of tramway for repairs or alterations (1) The company may close or partially close the tramway to the use of the public whenever necessary to enable any repairs or alterations to be effected to the tramway. (2) The company shall forthwith notify the Secretary for the Environment, Transport and Works of any closure or partial closure under subsection (1). (Amended L.N. 106 of 2002) (Added 26 of 1989 s. 4) Cap 265 s 14G Offence of interfering with tramway etc. (1) A person commits an offence if he wilfully- (a) interferes with, removes, or alters any part of the tramway or of the works connected therewith; or (b) places or throws any stones, dirt, wood, refuse, or other materials on any part of the tramway; or (c) does or causes to be done anything in such manner as to obstruct any person using the tramway; or (d) does or omits to do anything in relation to the tramway that endangers or is likely to endanger the safety of any person travelling or being upon the tramway.(2) Any person who commits an offence under subsection (1) is liable to a fine of $5000 and to imprisonment for 6 months. (Added 26 of 1989 s. 4) Cap 265 s 14H Offence of negligence by employee (1) An employee of the company commits an offence if, in connection with his employment, he negligently does or omits to do anything in relation to the condition or operation of any part of the tramway that endangers or is likely to endanger the safety of any person travelling or being upon the tramway. (2) An employee who commits an offence under subsection (1) is liable to a fine of $5000 and to imprisonment for 6 months. (3) For the purposes of subsection (1) negligence is the failure to exercise such care or skill as a reasonable employee in the situation would exercise. (Added 26 of 1989 s. 4) Cap 265 s 15 Regulations (1) The Chief Executive in Council may make regulations for all or any of the following matters- (Amended 62 of 1999 s. 3) (a) controlling and regulating the maintenance and operation of the tramway and providing for safe systems of operation; (b) providing for the approval by the Secretary for the Environment, Transport and Works of the carrying out of work on the tramway; (Amended L.N. 106 of 2002) (c) regulating the carrying out of any work on the tramway; (d) providing for the inspection, examination and testing of the tramway and work being carried out thereon including- (i) the control by the Secretary for the Environment, Transport and Works, of the employment by the company of any person or class of person, in connection with the carrying out of work on the tramway or, the maintenance and operation of the tramway and the imposition of duties on the company and on any such person or class of person for the purpose of such control; (Amended L.N. 106 of 2002) (ii) the keeping by the company of records and logs; (iii) the supply by the company, of information relating to the tramway; (iv) the display by the company, of notices relating to the tramway; and (v) the reporting of accidents and investigations thereof;(e) providing for the safety of persons using or being in the vicinity of, or employed in the operation and maintenance of, the tramway; and (f) providing for the better carrying into effect of this Ordinance.(2) Regulations made under this section may provide that a contravention of any specified provisions shall be an offence and may prescribe a penalty therefor not exceeding a fine of $50000 and imprisonment for 2 years, and in the case of a continuing offence, a further fine of $1000 for each day on which the offence continues. (Replaced 26 of 1989 s. 5) Cap 265 s 15A By-laws (1) The company may, with the approval of the Legislative Council, make by-laws- (a) regulating the conduct of persons travelling or being in or upon the tramway; and (b) for the prevention of annoyance to persons travelling or being in or upon the tramway.(2) The following provisions shall apply to by-laws made under subsection (1)- (a) any by-law so made may provide that a contravention of specified provisions thereof shall be an offence and may prescribe penalties therefor not exceeding a fine of $5000 and imprisonment for 6 months; (b) prosecutions for offences under any by-law so made may be brought in the name of the company; (c) the company shall cause to be printed copies of all by-laws so made which shall be kept at its principal office and be available for sale to any person at a reasonable cost. (Added 26 of 1989 s. 5) Cap 265 s 16 Power to sell undertaking Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Subject to the approval of the Chief Executive in Council the company may sell or assign its undertaking, or any part thereof, to such person, by public auction or private contract, or partly by public auction and partly by private contract, and with, under, and subject to such terms and conditions in all respects, as the company may think fit, with power at any such sale to fix a reserve price for or buy in the same. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule) (2) When any such sale or assignment has been made, all the rights, powers, authorities, obligations, and liabilities of the company in respect to the undertaking, or part thereof, sold or assigned, shall be transferred to , vested in, and may be exercised by, and shall attach to, the person to whom the same has been sold or assigned, in like manner as if the undertaking, or part thereof, sold or assigned, was constructed by such person under the powers conferred by this Ordinance, and in reference to the same he shall be deemed to be the company. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule) (3) The company may, without the approval of the Chief Executive in Council, but subject to the provisions contained in any contract or instrument it has entered into or executed, at any time sell or assign any land, machinery, property, chattel or effect which in its opinion is not required for the efficient maintenance and working of its undertaking. (Added 27 of 1992 s. 6) (Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 62 of 1999 s. 3) Cap 265 s 17 Power to let undertaking Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Subject to the approval of the Chief Executive in Council, the company may demise its undertaking, or any part thereof, to such person and for such term, and on such conditions, in all respects as the company may thinks fit, to take effect either in possession or at some future date, and either with or without a premium as a consideration for such demise. (Amended 50 of 1911; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 27 of 1992 s. 7) (2) The company may, without the approval of the Chief Executive in Council, but subject to the provisions contained in any contract or instrument it has entered into or executed, at any time demise or let any land, machinery, property, chattel or effect which in its opinion is not required for the efficient maintenance and working of its undertaking. (Added 27 of 1992 s. 7) (Amended 62 of 1999 s. 3) Cap 265 s 18 Power to mortgage undertaking It shall be lawful for the company to borrow money on mortgage of all or any part of its undertaking, and for that purpose to assign or demise by way of mortgage all or any portion of its lands, messuages, or tenements, erections, buildings, works, rolling stock, plant, machinery, chattels, and effects to any person, and to enter into all such covenants, provisos, declarations, and agreements, as the company may think fit. (Amended 50 of 1911; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4) Cap 265 s 19 Right of user by Government Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 The Chief Executive in Council may, by order, direct that precedence over the company and all other persons in the user of the tramway be taken for defensive or military purposes or for the passage of troops and war material, on giving to the company, on each occasion of such user, 3 clear days' notice, and shall direct the payment to the company therefor of such fares as may be agreed on. If no agreement is come to, then the amount of such fares shall be determined upon petition to the court in a summary way. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 57 of 1986 s. 6; 62 of 1999 s. 3) Cap 265 s 20 (Repealed 26 of 1989 s. 11) Cap 265 s 21 (Repealed 57 of 1986 s. 7) Cap 265 s 21A (Repealed 57 of 1986 s. 7) Cap 265 s 22 Fares (1) Subject to subsection (2), the company may charge such fares for the use of the tramway as it may fix from time to time, which shall be paid to such persons, at such places, and in such manner as the company may, by notice annexed to the list of fares exhibited under subsection (3), appoint. (2) If any person applies for a monthly ticket for the use of the tramway, the company shall issue the monthly ticket and the charge for the monthly ticket shall not exceed 25 times the standard fare for a full distance single journey. (Replaced 26 of 1989 s. 6) (3) A list, printed in the English and Chinese languages, of all the fares to be charged and the monthly ticket charge shall be exhibited in a conspicuous place at the offices of the company and inside each tramcar used upon the tramway. (Replaced 57 of 1986 s. 8; 26 of 1989 s. 9) Cap 265 s 23 Limitation of obligation to carry passengers If the tramcars during any journey contain their authorized complement of passengers, the company shall not be bound to find accommodation for any other passenger, notwithstanding that he may have purchased a ticket entitling him to travel on the tramway. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 10) Cap 265 s 24 (Repealed 26 of 1989 s. 11) Cap 265 s 25 (Repealed 26 of 1989 s. 11) Cap 265 s 26 (Repealed 26 of 1989 s. 11) Cap 265 s 27 (Repealed 26 of 1989 s. 11) Cap 265 s 28 (Repealed 26 of 1989 s. 11) Cap 265 s 29 (Repealed 26 of 1989 s. 11) Cap 265 s 30 Service of summons, etc. Any summons, writ, or other proceeding required to be served on the company may be served by the same being left at, or sent by post directed to, the principal office of the company, or being given or sent by post directed to the secretary, or, in case there is no secretary, the solicitor of the company. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4) Cap 265 s 31 Form and delivery of notice With respect to notices, and to the delivery thereof by or to the company, the following provisions shall have effect- (a) every notice shall be in writing; and (b) a notice to be delivered by or to the company to or by any other company or person may be delivered by being left at the office of such other company or person, or at the then present or then last-known place of abode or residence of such person, or of his ostensible agent, or of other the agent who pays the rents, rates, and taxes payable in respect of the property of such person, or by being affixed on some conspicuous part of any lands affected or intended to be affected by such notice, or by being left at the office of the company, as the case may be, or by being sent by post in a registered letter addressed, as the case may be, to the clerk or secretary of such other company at its principal office, or to such person at his then present or then last-known place of abode or residence or at his office or business premises, or by being so sent by post addressed to the ostensible agent or agents of such person, or other the agent or agents aforesaid, or to the clerk or secretary of the company at its principal office. (Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4) Cap 265 s 32 Tender of amends (1) If any party has committed any irregularity, trespass or other wrongful proceeding in the execution of this Ordinance or by virtue of any power or authority hereby given, and if, before action brought in respect thereof, such party makes tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action. (2) If no such tender has been made, it shall be lawful for the defendant, by leave of the court wherein such action is pending, at any time before answer filed, to pay into court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. (Amended 51 of 1911; 63 of 1911 Schedule) (Amended 8 of 1912 s. 25; 20 of 1948 s. 4) Cap 265 s 33 Recovery of fares, etc. Any fare, or penalty imposed by this Ordinance, the recovery of which is not otherwise provided for, may be recovered before a magistrate. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 57 of 1986 s. 10) Cap 265 s 34 Responsibility of company for damage The company shall be answerable for all accidents, damages, and injuries happening through its act or default, or through the act or default of any person in its employment, by reason or in consequence of any of its works or tramcars, and shall save harmless all other companies or bodies, collectively and individually, their officers and servants, from all damages and cost in respect of such accidents, damages, and injuries. (Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 10) Cap 265 s 35 (Repealed 57 of 1986 s. 11) Cap 265 s 36 Saving Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Replaced 4 of 1951 Schedule. Amended 62 of 1999 s. 3) Cap 265A Empowering section (Cap 265 section 15) [1 September 1989] (L.N. 300 of 1989) Cap 265A reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Peak Tramway (Safety) Regulations. (Enacted 1989) Cap 265A reg 2 Interpretation In these regulations, unless the context otherwise requires- "Director" (署长) means the Director of Electrical and Mechanical Services; "duty technician" (值勤技术员) means a person employed by the company as a duty technician under these regulations; "engineering superintendent" (工程监督) means a person employed by the company as an engineering superintendent under these regulations; "operator" (司机) means a person employed by the company as an operator under these regulations; "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (L.N. 106 of 2002) "surveyor" (测量师) means a person employed by the company as a surveyor under these regulations; "technical institute" (工业学院) has the meaning assigned to it by section 2 of the Vocational Training Council Ordinance (Cap 1130); "tramcar" (缆车车厢) means the articulated car (including both compartments) used upon the tramway. (Enacted 1989) Cap 265A reg 3 Employment of surveyor Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 PART II EMPLOYMENT AND DUTIES OF SURVEYOR (1) The company shall employ a person as a surveyor for the purposes of this Part. (2) The company shall not employ any person as a surveyor without the prior written approval of the Secretary. (3) The Secretary shall give approval under subregulation (2) if the person whom the company seeks to employ is a person- (a) who- (i) is a corporate member of the Hong Kong Institution of Engineers or of such other equivalent institution as may be acceptable to the Secretary; and (62 of 1999 s. 3) (ii) satisfies the Secretary that he has not less than 3 years practical experience of or in connection with the maintenance, operation, inspection and examination of a funicular railway; or(b) who satisfies the Secretary that by reason of his education, training, professional experience, knowledge and skill he is a fit and proper person to be employed by the company as a surveyor for the purposes of this Part. (Enacted 1989) Cap 265A reg 4 Duties of surveyor (1) A person employed as a surveyor shall, when so instructed by the company- (a) examine the emergency braking system of each tramcar and record the braking distances under dummy load conditions; (b) test all safety circuits of the tramway; and (c) examine the haulage rope by gauging the circumference, visual inspection and defectograph reading over the entire length of the rope where accessible,and provide a written report thereon to the company. (2) The examinations and tests under subregulation (1) shall be carried out with due regard to any Code of Practice issued from time to time under section 14A of the Ordinance. (Enacted 1989) Cap 265A reg 5 Employment of engineering superintendent PART III EMPLOYMENT AND DUTIES OF ENGINEERING SUPERINTENDENT (1) The company shall employ a person as an engineering superintendent for the purposes of this Part. (2) The company shall not employ any person as an engineering superintendent without the prior written approval of the Secretary. (3) The Secretary shall give approval under subregulation (2) if the person whom the company seeks to employ is a person- (a) who- (i) has a higher diploma or higher certificate in mechanical, marine or electrical engineering from the Hong Kong Polytechnic, The Hong Kong Polytechnic University or a technical institute or such equivalent or higher qualifications as may be acceptable to the Secretary; and (L.N. 645 of 1994) (ii) satisfies the Secretary that he has not less than- (A) 3 years practical experience of or in connection with the maintenance and operation of a funicular railway; or (B) 10 years relevant practical experience in engineering; or(b) who satisfies the Secretary that by reason of his education, training, professional experience, knowledge and skill he is a fit and proper person to be employed by the company as an engineering superintendent for the purposes of this Part. (Enacted 1989) Cap 265A reg 6 Duties of engineering superintendent A person employed as an engineering superintendent shall supervise the operation and maintenance of the tramway including for that purpose the carrying out of duties mentioned in this Part. (Enacted 1989) Cap 265A reg 7 Duty to keep daily record (1) The engineering superintendent shall cause to be kept and maintained a daily record containing the following information- (a) the date of each daily record; (b) the names and duties of the operators and duty technicians operating the tramway and the number of hours on duty; (c) the operating hours of the tramway; (d) confirmation of compliance with daily visual examinations required under regulation 16(d); (e) the readings of all installed instruments indicating steady state conditions, at not greater than 4-hourly intervals, including- (i) the main incoming supply voltage; (ii) the brake system hydraulic pressures; and (iii) the main gear box oil temperature;(f) details of any accident, malfunction or abnormal occurrence, including- (i) fire; (ii) landslide; (iii) the operation of the emergency brake; (iv) the tripping of the safety switches; (v) wash-out; and (vi) trees fallen on the track;(g) details of any rescue operation or practice thereof; and (h) any other information or occurrence relating to the safety of the tramway which may reasonably be required by the Director.(2) The daily record kept and maintained under subregulation (1) shall in the case of information- (a) referred in subregulation (1)(a) to (e), be retained by the company for a period of not less than 1 year; and (b) referred in subregulation (1)(f) to (h), be retained by the company for a period of not less than 3 years,after the date of such daily record. (Enacted 1989) Cap 265A reg 8 Duty to carry out examination (1) At least once every 3 months the engineering superintendent shall- (a) check the service brake under no load conditions and record the braking distances; (b) examine the haulage rope by gauging the circumference and by the visual inspection of the rope; (c) check the tramcars for the proper operation of doors, lights, security of all screws, bolts, rivets and welding seams; (d) examine all electric motors, with particular reference to the wear of commutators and brushes and carry out insulation tests for all motors; and (e) inspect all haulage equipment and tramcars including all bearings, hydraulic system and limit switches,and shall provide a written report thereon to the company. (2) The engineering superintendent or if the Secretary thinks it advisable, an engineer approved by the Secretary, shall thoroughly examine all viaducts, cuttings, embankments, cross drainage, track bed and station works at least once every 3 months, and during every period of heavy and constant rain, and after earth tremors, and shall provide a written report thereon to the company. (Enacted 1989) Cap 265A reg 9 Duty to keep maintenance programme, etc. The engineering superintendent shall prepare and keep, in relation to the maintenance of the tramway, a programme, which shall include- (a) types of lubricants required and the frequency of servicing; (b) the monitoring of normal wear and tear and excessive wear; and (c) the frequency of servicing of special components and the periodic inspections to be carried out,and shall ensure that the tramway is maintained in accordance with the programme. (Enacted 1989) Cap 265A reg 10 Duty to keep maintenance log The engineering superintendent shall cause a log to be kept in relation to the maintenance of the tramway which shall- (a) specify the execution of any maintenance work carried out; (b) state the components serviced, the condition of such components and the replacement of components; and (c) include the names of the persons carrying out the maintenance work. (Enacted 1989) Cap 265A reg 11 Duty relating to hauling rope (1) The engineering superintendent shall ensure that the company is immediately informed if at any time- (a) spliced rope is used for hauling in the operation of the tramway; or (b) due to wear, corrosion, broken or damaged wires- (i) there is a reduction of 25% in effective bearing cross sectional area within a rope length equal to 40 times rope diameter; or (ii) the condition of the rope or its performance leaves any doubt as to its integrity and safety in operation.(2) For the purpose of calculation of the reduction in effective bearing cross sectional area in subregulation (1)- (a) if the reduction of cross sectional area is the result of broken wires, the sum of all the cross sectional areas of all the broken wires within the relevant length shall constitute the total amount of the reduction; (b) if there are several breaks in one and the same wire within the relevant length, only one wire's cross sectional area has to be taken into account; and (c) loose wires and wires with strand deformation shall be considered as broken.(3) The engineering superintendent shall cause a record to be kept in relation to the hauling rope containing the following information- (a) the specification; (b) a certified copy of the manufacturer's report on the test of the rope; (c) the date the rope was installed; (d) a record of lubrication including the type of lubricant and the date on which it was applied; (e) a record of all visual examinations and reports thereon and all defectograph readings, including the record obtained as a result of subregulation (5)(a); and (f) any other information which may reasonably be required by the Director.(4) The engineering superintendent shall visually examine the hauling rope- (a) in the case of a new hauling rope, prior to the commencement of use of the rope; (b) in the case of an existing hauling rope, at intervals not exceeding one month; and (c) in any case, at such other times and in such other circumstances as the Director may reasonably require.(5) The engineering superintendent shall examine the hauling rope with a defectograph- (a) in the case of new hauling rope, not later than 50 hours after the commencement of the running of the new rope; (b) in any case- (i) after any occurrence which may have caused damage to the rope; (ii) at such other times and in such other circumstances as the Director may reasonably require.(6) The engineering superintendent shall, in the case where a hauling rope has been subjected to any occurrence which may have resulted in broken wires, immediately examine the rope both visually and with a defectograph. (Enacted 1989) Cap 265A reg 12 Duty to instruct operators and duty technicians relating to safety precautions The engineering superintendent shall assist any person employed by the company as a duty technician or operator under these regulations and, in relation to general safety precautions, shall prepare and issue to each duty technician and operator written instructions on the action to be taken by them- (a) where there is such stoppage of the tramway as may be directed in the instructions; (b) on any occasion on which any of the emergency braking systems has operated; (c) in the event of a rescue of passengers; and (d) on the occasion of any fire or accident. (Enacted 1989) Cap 265A reg 13 Duty relating to rescue and rescue equipment The engineering superintendent shall- (a) carry out practice rescue operations on the tramway at such intervals as may reasonably be required by the Director; (b) test all rescue equipment- (i) to twice the normal rescue load immediately prior to any practice rescue operation; (ii) once a year to the manufacturer's recommended proof loading;(c) immediately after any practice rescue operation, examine all rescue equipment and ensure that all damaged equipment is repaired forthwith and then tested to the manufacturer's recommended proof loading; and (d) immediately after any rescue equipment has been used in the rescue of passengers, examine all rescue equipment and repair or replace such equipment, if necessary, before the tramway resumes operation. (Enacted 1989) Cap 265A reg 14 Duty relating to operation of tramway in accordance with manual The engineering superintendent shall- (a) cause a manual to be kept in relation to the operation of the tramway; and (b) ensure that the tramway is operated in accordance with the manual. (Enacted 1989) Cap 265A reg 15 Employment of duty technician PART IV EMPLOYMENT AND DUTIES OF DUTY TECHNICIAN (1) The company shall employ a person as a duty technician for the purposes of this Part. (2) The company shall not employ any person as a duty technician unless that person is a person who has- (a) a higher diploma or higher certificate in mechanical or electrical or marine engineering from the Hong Kong Polytechnic, The Hong Kong Polytechnic University or a technical institute or such equivalent or higher qualifications as may be acceptable to the Secretary and not less than 1 year working experience in mechanical or electrical or marine engineering; (L.N. 645 of 1994) (b) not less than 10 years practical experience in mechanical, marine or electrical engineering; or (c) such other education, training, professional experience or skill relevant to the duties of a duty technician as may be acceptable to the Secretary. (Enacted 1989) Cap 265A reg 16 Duties of duty technician A person employed as a duty technician shall- (a) assist any person employed as an engineering superintendent in carrying out the duties of an engineering superintendent under these regulations; (b) ensure that the tramway is not operated for the carriage of passengers unless the duty technician can maintain communications with the operator; (c) ensure that the tramway is not operated for the carriage of passengers at an average speed exceeding 6 m/s and a speed at any point exceeding 6.24 m/s; and (d) carry out a daily visual examination, prior to the commencement of the operation of the tramway for the carriage of passengers, of such indications, controls and safety devices as the Director may reasonably require. (Enacted 1989) Cap 265A reg 17 Employment of operator PART V EMPLOYMENT AND DUTIES OF OPERATOR (1) The company shall employ persons as operators for the purposes of this Part. (2) The company shall not employ any person as an operator unless the engineering superintendent is satisfied that that person has received sufficient training relevant to the duties of an operator as may be necessary to permit the safe operation of tramway. (Enacted 1989) Cap 265A reg 18 Duties of operator A person employed as an operator shall- (a) ensure that the tramway is not operated for the carriage of passengers unless the doors of the tramcar are securely closed; (b) monitor and observe the readings of the instruments of control of the tramcar when the tramway is operated for the carriage of passengers; and (c) comply with any instructions issued under regulation 12. (Enacted 1989) Cap 265A reg 19 Tramway to be examined every year PART VI RESPONSIBILITIES OF COMPANY The company shall at least once every 12 months cause the tramway to be examined and tested by a surveyor in accordance with regulation 4. (Enacted 1989) Cap 265A reg 20 Duty to report certain occurrences The company shall as soon as is practicable thereafter report to the Director the occurrence of any of the following- (a) the death of or injury to any person on the tramway; (b) the breakage of the hauling rope; (c) the failure of the main drive other than by reason of the failure of the main power supply; (d) the failure of any braking system; (e) any rescue operation required along the track; (f) any fire; (g) any landslide; (h) any wash-out; and (i) any other occurrence as may reasonably be required from time to time by the Director. (Enacted 1989) Cap 265A reg 21 Duty relating to number of passengers The company shall ensure that no tramcar contains more than 120 passengers. (Enacted 1989) Cap 265A reg 22 Duty not to operate tramway when passenger safety endangered The company shall ensure that the tramway is not operated for the carriage of passengers in any circumstances when it has been notified by the engineering superintendent that, in his opinion, such operation would endanger or be likely to endanger the safety of any passenger travelling or being upon the tramway. (Enacted 1989) Cap 265A reg 23 Assistance to be provided by company in relation to duties of engineering superintendent, duty technician and operator The company in relation to the duties under these regulations of any person employed as an engineering superintendent, duty technician or operator shall provide all such assistance, equipment, facilities and information as may be necessary for the proper carrying out of such duties and shall ensure that the duties of a duty technician and of an operator are carried out under the general supervision of an engineering superintendent. (Enacted 1989) Cap 265A reg 24 Company to keep operation manual and maintenance manual (1) The company shall keep- (a) an operation manual prepared by the designer or manufacturer of the tramway describing the function and operation of the components of the tramway and instructions for the safe running of the tramway; and (b) a maintenance manual prepared by the designer or manufacturer describing the recommended maintenance procedures for the tramway, including types of lubricants required and the frequency of application, definitions and measurements to determine excessive wear, the recommended frequency of servicing of specific components and the periodic inspections to be carried out.(2) Where the designer or manufacturer of the tramway amends the operation manual or maintenance manual prepared by him, the company shall notify the Director of such amendment as soon as reasonably possible after the company receives the amendment from the designer or manufacturer. (Enacted 1989) Cap 265A reg 25 Company not to operate tramway without adequate rescue facilities and equipment (1) The company shall, to the satisfaction of the Director, provide adequate equipment and facilities for the rescue of passengers in the event of an accident or emergency. (2) Without prejudice to the generality of subregulation (1), the company shall ensure that- (a) rescue equipment is located at suitable points along the length of the tramway; (b) all rescue equipment is adequately protected from damage, deterioration by weather and loss by theft. (Enacted 1989) Cap 265A reg 26 Company to replace hauling rope The company, upon being informed by the engineering superintendent of the existence of a matter referred to in regulation 11(1)(a) or (b), shall immediately replace the hauling rope or take other appropriate safety measures, as the case may be. (Enacted 1989) Cap 265A reg 27 Company to maintain safety of persons using or being in vicinity of tramway (1) The company shall, to the satisfaction of the Director, provide reasonable numbers of personnel and facilities for the control and safety of persons using, or being in the vicinity of, the tramway. (2) The company shall ensure that arrangements are made at each terminal on the tramway for the marshalling and control of persons using or intending to use the tramway so as to provide for safe and orderly embarkation and disembarkation. (3) Except in an emergency, the company shall not use any place other than its stations for the purpose of taking up or depositing passengers. (Enacted 1989) Cap 265A reg 28 Company to ensure safety generally The company shall ensure that- (a) all electric circuits, overload devices, circuit breakers, switchgear and protective devices are kept in a safe and proper state of repair and are examined in accordance with these regulations and good electrical engineering practice; (b) every station along the tramway is adequately lit when the tramway is in operation; (c) all rails and barriers used for the marshalling and control of passengers are kept at all times in a good state of repair; (d) all areas within a station are kept in a good state of repair and in a clean and orderly condition and that all floors within a station are kept in a non-slippery condition; (e) all guards and other devices for the protection of persons employed on the tramway and of the public are kept in a safe state of repair and are not removed; (f) no tramcar is used for the carriage of members of the public if- (i) the tramcar door interlocking safety system is not in working order; or (ii) any structural part thereof is deformed or broken; (g) notices in Chinese and in English are displayed in every tramcar and kept in good condition- (i) stating the maximum number of passengers permitted to be carried; (ii) stating the maximum weight permitted to be carried; (h) notices in Chinese and in English are displayed at every station and kept in good condition warning of any thing that is or is likely to be a mechanical or electrical danger to persons being in or in the vicinity of the station; (i) protection against injury of persons employed by the company in the operation of the tramway is provided by- (i) the display of notices in Chinese and in English warning of any thing that is or is likely to be a mechanical or electrical danger to such persons; (ii) the issue of safety belts to be worn by such persons when working at height or on a steep slope. (Enacted 1989) Cap 265A reg 29 Company to provide first aid at terminals (1) The company shall provide and maintain at each terminal a first aid box containing the items listed in the Schedule. (2) The company shall ensure that- (a) the items in the first aid box are maintained in a serviceable and sanitary condition; (b) all materials for dressings in the first aid box are those designated in, and are of a grade not lower than the standards specified by, the British Pharmaceutical Code or by any supplement to it; (c) nothing except appliances and requisites for first aid are kept in a first aid box; and (d) each first aid box is clearly and legible marked "FIRST AID" and "急救箱". (Enacted 1989) Cap 265A reg 30 Company to furnish information (1) The company shall, as soon as practicable, furnish to the Director a copy of each of the following- (a) the written report of the surveyor provided in accordance with regulation 4(1); (b) any written report of the engineering superintendent provided in accordance with regulation 8; (c) the maintenance programme prepared in accordance with regulation 9; (d) any training programme conducted by the company for operators in relation to regulation 17(2); and (e) the operation and maintenance manuals mentioned in regulation 24(1).(2) The company shall upon request by the Director afford to him sufficient facilities for obtaining information with respect to the operation of the tramway for the carriage of passengers and shall, in such manner and at such times as the Director may reasonably require, furnish him with reports, records, schedules, logs, manuals required to be kept or made under these regulations and other information with respect thereto and afford to him facilities for the verification of information furnished. (Enacted 1989) Cap 265A reg 31 Offence of surveyor PART VII OFFENCES A surveyor who fails to comply with regulation 4 commits an offence and is liable to a fine of $10000 and imprisonment for 6 months. (Enacted 1989) Cap 265A reg 32 Offences by engineering superintendent Expanded Cross Reference: 6, 7, 8, 9, 10, 11, 12, 13, 14 An engineering superintendent who fails to comply with any of the provisions of regulations 6 to 14 commits an offence and is liable to a fine of $5000 and imprisonment for 3 months. (Enacted 1989) Cap 265A reg 33 Offence by duty technician A duty technician who fails to comply with regulation 16 commits an offence and is liable to a fine of $2000 and imprisonment for 1 month. (Enacted 1989) Cap 265A reg 34 Offence by operator An operator who fails to comply with regulation 18 commits an offence and is liable to a fine of $1000. (Enacted 1989) Cap 265A reg 35 Offences by company Expanded Cross Reference: 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 If the company fails to comply with any of the provisions of regulations 3(1) or (2), 5(1) or (2), 15, 17, 19 to 30 the company commits an offence and is liable to a fine of $50000 and to a further fine of $1000 for each day on which the offence continues. (Enacted 1989) Cap 265A SCHEDULE [regulation 29(1)] CONTENTS OF FIRST AID BOXES (a) A copy of a leaflet issued by the Director of Health giving advice on first-aid treatment. (b) A sufficient number of small sterilized unmedicated dressings for injured fingers. (c) A sufficient number of medium-sized sterilized unmedicated dressings for injured hands or feet. (d) A sufficient number of large sterilized unmedicated dressings for other injured parts of the body. (e) A sufficient number of waterproof adhesive wound dressings of assorted sizes. (f) A sufficient number of triangular bandages of unbleached calico, the longest side of each bandage measuring not less than 1300 mm and each of the other sides of each bandage measuring not less than 900 mm. (g) A sufficient supply of rolls of zinc oxide adhesive plaster, each roll to be at least 4.5 m by 25 mm. (h) A sufficient number of 30 grams packets of absorbent cotton wool. (i) A pressure bandage. (j) A sufficient number of safety pins.
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