HONG KONG
LEGAL REPORT
THE RAILWAYS (AMENDMENT) ORDINANCE 1978
(No. 41 of 1978)
Enclosure No 2
The main purpose of this Ordinance is to change the title of the Railways Ordinance to "Kowloon-Canton Railway Ordinance" and to delete references to the "administrator", "a railway" and "railway official" and substitute references to the "general manager", "the railway" and "railway employee" respectively. The change of title has been made to distinguish the Kowloon-Canton Railway from the Mass Transit Railway, which is being constructed. The Ordinance also provides for the appointment of a deputy general manager. These amendments and other consequential amendments are contained in sections 2, 3(b), 6, 17, 18 and the Schedule.
2. The opportunity has been taken in sections 3(a), 4, 5, 7, 12 and 13 to update some of the provisions of the principal Ordinance in minor respects.
3. Sections 9(b)(i) and 15 repeal provisions of the
The principal Ordinance which are no longer required. provisions of the sections repealed by sections 8, 11 and 14 will appear in the rules and regulations made under the Ordinance.
4.
The amendment in section 9(a) gives the general manager power to make railway rules, in place of standing orders, regulating the work and conduct of railway employees and the amendment in section 10 provides that the general manager may impose the punishment provided in the railway rules if any railway employee commits a breach of the railway rules. The disciplinary powers of the general manager will not apply in relation to railway employees above the ranks specified in the Second Schedule in section 16 by virtue of section 31(6) of the principal Ordinance. Section 9(b)(ii) also gives the general manager additional powers to make regulations with the approval of the Governor in Council to secure the proper control of persons using the railway and the payment of fares.
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Before the Governor assented to the Bill in the name and on behalf of Her Majesty, I advised that he could properly do so.
To Moble
Attorney General.
June, 1978.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG,