Addition of new section 29A.
Validation.
3.
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(b) shall be conclusive proof of the area and boundaries of any part or parts of the railway delineated or deso d therein as a restricted area.".
The principal Ordinance is amended by adding, after section 29, the following-
"Operation
of through trains to China.
29A. (1) It shall be lawful for the general manager to do all things which may be necessary for the purpose of establishing a through train service between Hong Kong and The People's Republic of China and for this purpose he may-
(a) negotiate and conclude contracts with the Guangz- hou Railway Administration or other competent authority of The People's Republic of China;
(b) settle the time-tables and alter the same as may
from time to time be necessary;
(c) temporarily suspend the service either wholly or in
part;
(d) fix and alter as occasion may require the fares to be paid by passengers and to issue tickets for the same;
(e) fix the different rates payable for the carriage of various goods and to classify such goods and to alter such rates by either increasing or decreasing them as he may deem necessary from time to time;
(f) do any other thing that may be necessary for the
operation of such through train service.
(2) (a) The Governor may give to the general manager such directions as he thinks fit with respect to the exercise or performance of his powers under this section, either generally or in any particular case.
or
(b) The general manager shall, in the exercise
performance of his powers given under this section, comply with any direction given by the Governor under paragraph (a).
(3) With regard to the through train service referred to in subsection (1), the provisions of this Ordinance and subsidiary legislation made hereunder shall apply to that service only to the extent that they are not inconsistent with any contract made with the Guangzhou Railway Administration or other competent authority of The People's Republic of China.".
4. Every act or thing done by the general manager before the commencement of this Ordinance that would have been lawful if section 29A of the principal Ordinance had been in force at the time when it was done is hereby validated and declared to have been lawfully done by him.
Explanatory Memorandum
The principal purpose of this Bill is to provide the general manager of the Kowloon-Canton Railway with the additional powers he requires for the operation of a through train service between Hong Kong and The People's Republic of China and to validate previous actions of the general manager in this regard.
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Clause 2 of this Bill seeks to enlarge the regulation-making powers section 29 of the Kowloon-Canton Railway Ordinance by inserting w subsections to empower the general manager to make regulations providing for areas of the railway to be declared restricted areas, for the issue of permits for access to such areas and for the making and admis- sibility in court of plans delineating any restricted areas.
Clause 3 inserts a new section 29A to give the general manager authority to establish a through train service to China and to settle details regarding its operation, subject to any directions that may be given to him by the Governor. As the through train service is of an international nature, the general provisions of the principal Ordinance and its sub- sidiary legislation are only to apply to the extent they are not incon- sistent with any agreement made with the Chinese authorities.
Clause 4 of the Bill seeks to validate previous actions of the general
manager in concluding arrangements for a through train service to China.
There are no financial or staffing implications arising from this Bill.
一九八一年九廣鐵路(修訂)法案
摘要說明
本法案之主要目的,在授予九廣鐵路局局長所需之額外權力,以經營來往香港 與中華人民共和國之直通火車服務,並追認該局長先前在此方面所作之安排。
法案第二條在九廣鐵路條例第二十九條加入新條款,以便將該條制訂規例之權 力擴大,增訂之條款授權鐵路局局長制訂規例,對宣佈鐵路局若干地區為禁區、簽 發進入該等禁區之許可證、禁區圖則之製備等事項加以規定,該款並規定該等圖則 可獲法庭接納為證據。
法案第三條增訂第二十九條,授權鐵路局局長辦理來往本港與中國之直通火 車服務,以及解決經營方面之細節,但須遵照總督向其發出之指示辦理。由於直通 火車服務乃屬國際性,原有條例及其附屬法例之一般規定,只在不違反與中國當局 達成之任何協議之情形下方屬適用。
法案第四條 追認鐵路局局長先前為來往 本港與中國 之直通火車服務 而作之安 排口
本法案對政府經費及人手需求方面並無影響。