A168
Ord. No. 58/79
Short title.
Amendment of long title.
(Cap. 270.)
Amendment of section 2.
Addition of new Part IVA.
MASS TRANSIT RAILWAY CORPORATION
(AMENDMENT)
L.S.
HONG KONG
No. 58 OF 1979
I assent.
JACK CATER,
Acting Governor.
19th July, 1979.
An Ordinance to amend the Mass Transit Railway Corporation Ordinance.
[20th July, 1979]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1.
This Ordinance may be cited as the Mass Transit Railway Cor- poration (Amendment) Ordinance 1979.
2.
The long title of the principal Ordinance is amended by inserting after "Authority" the following-
", to make certain provision as to the safe operation of the said railway, including provision for inspection and the investigation of accidents,"”.
3. Section 2(1) of the principal Ordinance is amended by inserting after the definition of "financial year" the following-
C
"inspector" means a person appointed as an inspector under section
23A(1);”.
4. The principal Ordinance is amended by adding after Part IV the following new Part-
Appointment
of inspectors.
"PART IVA
Safety of RAILWAY
23A. (1) The Governor may in writing appoint any person to be an inspector for the purposes of this Part.
(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, and that amount shall be paid out of moneys provided for the purpose by the Legislative Council.
(3) The powers conferred by section 23B or by regula- tions made under section 24 shall be exercised by an inspector only-
(a) for the purpose of ensuring the safety of the railway
or any part thereof; or
(b) when an inspector is directed to do so pursuant to such regulations, for the purpose of investigating an accident on any part of the railway, after the railway or the part in question has commenced operation for public use.
(4) On the occasion of the exercise of any power, an inspector shall produce evidence of his identity, and of his appointment, to any person who requests him to do so.
MASS TRANSIT RAILWAY CORPORATION (AMENDMENT)
General powers of inspectors.
Chief Secretary may order that defects be remedied.
Ord. No. 58/79
A169
(5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers.
23B. (1) An inspector may-
(a) at all reasonable times 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 con- siders expedient;
(c) require any person to whom this subsection
applies--
(i) to do anything which the inspector reason- ably considers to be necessary for facilitating any test or inspection;
(ii) to provide the inspector with such informa- tion relating to the railway or any machinery, plant or equipment connected with the railway as the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose;
(d) take copies of any document produced to him
pursuant to paragraph (c)(ii).
(2) Subsection (1) applies to--
(a) the railway premises and the premises of any con- tractor or subcontractor who is carrying out or has carried out any work on the railway;
(b) any employee of the Corporation, 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 re-
quirement under subsection (1)(c);
(b) knowingly furnishes to an inspector acting under subsection (1)(c) information that is false or mis- leading 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 $5 000 and to imprisonment for 6 months.
23C. (1) Where in the opinion of the Chief Secretary- (a) the condition of any part of the railway which has been brought into operation or of any machinery, plant or equipment of such part; (b) the manner in which the railway 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 Chief Secretary may, by order in writing delivered to the office of the Chairman, require the Corporation to carry out such work, or to take such steps, as he may specify in the order to ensure that the condition of the railway, or of the part or the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk.