Enclosure No.4
PUBLIC BUS SERVICES (AMENDMENT) BILL 1988
A BILL
To
Amend the Public Bus Services Ordinance.
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
Short title
1. This Ordinance may be cited as the Public Bus Services (Amendment) Ordinance 1988.
Interpretation
2.
Section 2 of the Public Bus Services Ordinance (Cap. 230) is amended by adding after the definition of "North-west Transit Service Area”-
"passenger" in relation to a bus means any person carried in or on it other than the driver or conductor or any other employee of the grantee who is in uniform and on duty;”.
Interpretation
3.
Section 26 is amended in the definition of "operating receipts" by adding after paragraph (b)—
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PUBLIC BUS SERVICES (AMENDMENT) BILL 1988
"(c) the interest or dividends accruing in respect of cash or securities which
are for the time being deposited by a grantee with the Director of Accounting Services for the purposes of section 4(4)(c) of the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272);".
Regulations
4.
Section 35 is amended by repealing paragraphs (d) and (da) and substituting-
"(d) generally as to the conduct of passengers and intending passengers on
buses used by a grantee;".
Section added
5. The following is added after section 36-
"Further powers in relation to regulations and by-laws
36A. (1) Any regulations made under section 35 or by-laws made under section 36 may→→
(a) require a passenger or intending passenger to comply with any reasonable direction given in the interests of public safety by a driver, conductor or authorized person;
(b) authorize the removal from a bus of any person committing an offence against the regulations or by-laws, as the case may be, by the driver, the conductor or an authorized person, or by a police officer at the request of a driver, conductor or authorized person;
(c) require any person whom a driver, conductor or authorized person has reasonable grounds to believe has committed an offence against the regulations or by-laws, as the case may be, to give his name and proof of his identity to the driver, conductor or authorized person; (d) authorize a driver, conductor or authorized officer to arrest without a warrant and detain until he can be handed over to a police officer, any person whom he has reasonable cause to believe has committed an offence under the regulations or by-laws, as the case may be.
(2) Any such regulations or by-laws may—
(a) authorize a police officer, to whom a person has been handed over under subsection (1)(d), to take such person into custody without a warrant; and
(b) apply sections 51 and 52 of the Police Force Ordinance (Cap. 232) to persons taken into custody under the regulations or by-laws.".
Explanatory Memorandum
The main purpose of this Bill is to amend the Public Bus Services. Ordinance by removing certain regulation-making powers relating to conduct on buses from section 35 of the principal Ordinance, and inserting similar empowering provisions, applicable to both regulations and by-laws, in a new section 36A.
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2. The new provisions will also permit regulations or by-laws to be made requiring compliance with safety directions given by a driver, conductor or authorized officer.
3. Clause 2 inserts a definition of “passenger”.
4.
Clause 3 extends the definition of "operating receipts" in relation to the profit control scheme to include interest or dividends accruing on deposits made by the grantee of a public bus service francise to avoid the application to him of the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272).
5.
The Bill has no Public Service staffing or public expenditure implications.
1988年公共巴士服務(修訂)條例草案
摘要說明
本草案的主要目的,在修訂公共巴士服務條例,自原有條例第35條中删除若干 與巴士上行爲有關的制訂規例權,並在新訂第36A條中加插類似的授權規定,而該等規 定對於規例和附例同樣適用。
2. 同時,新條文亦規定,有關方面可制訂規例或附例,規定有關人士須遵守司機、 售票員或獲授權人員所發出的安全指示。
3. 草案第2條加入“乘客”一詞的定義。
4. 草案第3條擴大有關利潤管制計劃的“經營收入”一詞的定義,藉以包括擁有公 共巴士服務專利權的專利公司的保證金所孳生的利息或股息,該保證金是避免汽車保險
(第三者意外保險)條例(香港法例第272章)適用於該專利公司而繳交的。
5. 本草案對政府人手需求和公共開支都没有影響。