B 14
CAP. 372] Kowloon-Canton Railway Corporation
By-laws
[1985 Ed.
[Subsidiary]
Illegal parking of vehicles on railway premises.
Impounding and removal charges.
Notice of vehicle being detained.
(Cap. 374.)
Payment of proceeds from sale of vehicles.
37. If any vehicle or conveyance is found illegally parked or left on the railway premises or any part thereof unattended and the driver, owner or person in charge cannot be located, or the vehicle or conveyance is unable to be removed or if the driver or person in charge of the vehicle or conveyance refuses to remove the same on being requested to do so by any member of the staff or an authorized person, the vehicle or conveyance is liable to be forthwith impounded or removed by or on behalf of the Corporation.
38. Any vehicle or conveyance so impounded or removed may be detained by or on behalf of the Corporation until payment has been made to the Corporation of such impounding charge or removal charge or storage charge, duty or impost as may be determined by the Corporation in its absolute discretion.
39. If a vehicle or conveyance so detained is not claimed and removed and all impounding, removal or storage charges or other charges are not paid within 3 days after its detention, the Corporation shall, where practicable except in case of emergency, serve on the registered owner (as defined in section 2 of the Road Traffic Ordinance) of the vehicle or conveyance a notice in writing served by pre-paid post to the registered owner's last known address and copied to the Transport Department of the Government notifying the registered owner-
(a) of the detention of the vehicle or conveyance and its place of detention; and
(b) that unless it is removed from its place of detention and payment of any charge payable under by-law 38 is made within 14 days after the date of service of the notice upon the registered owner, the vehicle or conveyance shall vest in and become the absolute and beneficial property of the Corporation free from all or any rights of the registered owner or any other person and may be disposed of by the Corporation by sale or otherwise as the Corporation shall in its absolute discretion determine.
40. If within a period of 6 months after the date upon which a vehicle or conveyance is sold or otherwise disposed of pursuant to this Part, any person satisfies the Corporation upon the production of such documentary or other evidence of ownership as the Corporation shall in its absolute discretion consider satisfactory or otherwise sufficient that at the time the vehicle or conveyance became the property of the Corporation by virtue of this Part the person was the true beneficial owner of it, the Corporation shall pay to such person the balance of the proceeds of sale or disposal (without interest thereon) after deduction of
(a) any charges or other sums payable under by-law 38; and
(b) any other charges incurred by the Corporation in respect of the sale or disposal of the vehicle or conveyance:
Provided that-