B 12
CAP. 372] Kowloon-Canton Railway Corporation
By-laws
[1985 Ed.
[Subsidiary]
Loss or damage to articles or objects left on the railway premises.
Administration charge.
No liability on restoration of articles to apparent owner.
Sale of unclaimed articles.
Responsibility of passenger for injury, damage or loss.
26. The Corporation shall not be liable for loss or damage, including consequential and non-pecuniary loss, howsoever arising from any damage to, or delay of, or detention of, or loss of articles or objects left on the railway premises or any part thereof including trains belonging to the Corporation and all articles or objects so found therein shall as between the finder and the Corporation be deemed to be in the possession of the Corporation and shall be given immediately into the custody of any member of the staff or an authorized person.
27. An administration charge will be made in the absolute discretion of the Corporation upon the restoration of any lost article or object to the true owner dependent upon-
(a) the type of article or object concerned; and
(b) the period it is held by the Corporation before it is claimed.
28. The Corporation shall not be liable to the true owner for loss or damage, including consequential and non-pecuniary loss, howsoever arising from any damage to or misdelivery, delay, detention or loss of any article or object arising from the claim of or restoration to the apparent owner of such article or object.
29. (1) All articles or objects found which have not been claimed by the true owner within one month after being so found will be deemed to have been abandoned by the true owner and may be sold or otherwise disposed of by or on behalf of the Corporation in any manner and at any price as the Corporation in its absolute discretion may determine and the proceeds of any such sale or disposal shall be retained by the Corporation for its absolute use and benefit:
Provided that any article or object which the Corporation considers to be of a perishable nature may be sold or disposed of at an earlier date.
(2) In respect of any article or object found by a person not being a member of the staff or an authorized person the finder may, in the absolute discretion of the Corporation, receive the payment of an amount to be determined by the Corporation in its absolute discretion following the sale of such article or object.
30. A passenger shall be responsible for any injury, damage or loss caused to the property of the Corporation or to any member of the staff or to any authorized person and further shall be responsible for any injury, damage or loss caused to any other person or the property of any other person or body by any article or animal brought on to the railway premises including trains of the Corporation and shall indemnify the Corporation from and against any liability to any other person for all or any injury, damage, loss, including consequential and non-pecuniary loss, cost or expense howsoever caused thereby: