C.S. 166
CONFIDENTIAL
For discussion
on 19th June 1979
機密
XCC(79)63A
So
Copy No. of 80
MEMORANDUM FOR EXECUTIVE COUNCIL HK
Mass Transit Railway Corporation Ordinance
(Chapter 270)
MASS TRANSIT RAILWAY CORPORATION
INE
Ло
(AMENDMENT) BILL 1979
MASS TRANSIT RAILWAY REGULATIONS 1979
د/دور
28 J25757 826.6 it
Mass Transit Railway Corporation (Amendment) Bill 1979
Following discussion with the Chairman of the MTRC and the Corporation's legal Adviser, the new section 23D, proposed for insertion by clause 5 of the bill, has been recast in a form which they accept. A copy of the amended section is annexed. The significant changes are that the "reasonable man" standard of care has been changed to a standard expressed in terms of the "reasonable employee", and that the offence will only apply to acts or omissions done in relation to the operation of any part of the MTR. The new section 23E is agreed in its present form.
Application of the Factories and Industrial Undertakings Ordinance (Chapter 59)
2
49
With regard to paragraph 9 of memorandum XCC(79)63 the following additional information has been provided at the request of a Member.
3
The Commissioner for Labour's reservations regarding the proposed arrangements relate to the fact that it is not proposed to make the MTRC subject to the provisions of the Factories and Industrial Under- takings Ordinance (Chapter 59) and its subsidiary regulations with regard to MTRC staff who are not employed on construction sites or in workshops, i.e. those engaged in the operation of the trains or track maintenance and those working on station platforms. Although, as stated in paragraph 9, the MTRC will give an undertaking to observe the provisions of Chapter 59 in respect of these staff, the Government will neither have powers of inspection nor legal sanctions against the MTRC if these provisions are breached.
4
The main reason for this arrangement has been the necessity to ensure that the responsibility for the safe operation of the MTR falls
CONFIDENTIAL
機密