Mass Transit Railway Corporation
(Amendment) Bill 1979
As stated in memorandum XCC(79)63A, section 23D of the proposed bill was re-drafted as a result of discussions with the Chairman, MTRC and the MTRC's Legal Adviser and the revised section is repeated as an Annex to this memorandum. The significant changes were that the 'reasonable man' standard of care in the original section was changed to a standard expressed in terms of the 'reasonable employee' and offences would only concern acts or omissions done in relation to the operation of any part of the MTR. Section 23 E was agreed in its present form.
Application of the Factories and Industrial Undertakings Ordinance (Chapter 59)
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On 19th June 1979, after considering memoranda XCC(79)63 and XCC(79)63A, Members requested that further consideration be given to extend the provisions of the Factories and Industrial Under- takings Ordinance (Chapter 59) and its subsidiary legislation to those workers and MTRC staff who are not employed either on construction sites or in workshops i. e. operational staff. As a result of discussions between the Secretary for the Environment, the Commissioner for Labour and the Chairman, MTRC it has been decided that it should be possible to apply the provisions of Chapter 59 to all the MTRC's operational staff without eroding the central principle that the MTRC, as the operating authority, is responsible for the safe operation of the MTR.
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In view of this it is proposed to:
(a)
delete clause 4 of the Mass Transit Railway Corporation (Amendment) Bill 1979, which exempted the MTRC's operational staff from the provisions of the Factories
CONFIDENTIAL
機密