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WEDNESDAY, APRIL 12, 1989
EXTENDING TAVA TO COVER LIGHT RAIL TRANSIT
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THE MAIN PURPOSE OF THE TRAFFIC ACCIDENTS VICTIMS (ASSISTANCE FUND) { AMENDMENT) BILL 1989 WAS TO EXTEND THE EXISTING ORDINANCE то LIGHT RAIL VEHICLES OPERATED ON THE NORTH-WEST RAILWAY BY THE KOWLOON CANTON RAILWAY CORPORATION, THE SECRETARY FOR HEALTH AND WELFARE, THE HON T. H. CHAU, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE BILL, MR CHAU SAID THIS WOULD ENABLE ALL PERSONS WHO SUFFERED PERSONAL INJURY IN AN ACCIDENT INVOLVING A LIGHT RAIL VEHICLE OF THE LIGHT RAIL TRANSIT SYSTEM TO BE ELIGIBLE TO APPLY FOR ASSISTANCE FROM THE TRAFFIC ACCIDENT VICTIMS ASSISTANCE FUND.
HE SAID THAT IN CASES WHERE PERSONS WERE KILLED IN SUCH ACCIDENTS, THEIR DEPENDENTS WOULD BE ELIGIBLE FOR ASSISTANCE FROM THE FUND.
MR CHAU POINTED OUT THAT LIGHT RAIL VEHICLES OF THE LRT OPERATED ON TRACKS WHICH WERE MAINLY SEGREGATED FROM ROAD AND PEDESTRIAN TRAFFIC.
BY
HOWEVER, MR CHAU SAID THERE WERE A NUMBER OF INTEGRATED JUNCTIONS WHICH WERE USED NOT ONLY BY LIGHT RAIL VEHICLES BUT ALSO OTHER VEHICLES AND PEDESTRIANS.
HE SAID THAT THE SEGREGATED SECTIONS OF THE TRACK WERE RESTRICTED TO THE PUBLIC BUT IT WAS NOT DIFFICULT FOR PERSONS TO GAIN ACCESS TO THEM, PARTICULARLY IN AREAS WHERE THE TRACK WAS NOT ENCLOSED.
WHILST THE LRT WAS ESSENTIALLY A RAIL SYSTEM, IT HAD VERY SIMILAR CHARACTERISTICS TO THE TRAM SYSTEM OPERATED BY HONG KONG TRAMWAYS LTD, MR CHAU SAID.
SECTIONS OF THE LRT TRACK FELL TRAFFIC ACCIDENT VICTIMS
AT PRESENT, THE INTEGRATED WITHIN THE DEFINITION OF 'ROAD' IN THE (ASSISTANCE FUND) ORDINANCE.
AS SUCH, ACCIDENTS INVOLVING LIGHT RAIL VEHICLES ON THESE SECTIONS WERE DEEMED TO BE 'TRAFFIC ACCIDENTS', AND VICTIMS WERE ALREADY ELIGIBLE TO APPLY FOR ASSISTANCE UNDER TAVAS.
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HOWEVER, THE SEGREGATED SECTIONS OF THE LRT TRACK DID NOT WITHIN THE EXISTING DEFINITION OF 'ROAD' AND PERSONS INJURED IN AN ACCIDENT ON THESE SECTIONS WERE CURRENTLY INELIGIBLE ΤΟ APPLY, ALTHOUGH THEY MIGHT SEEK ASSISTANCE FROM CHARITABLE FUNDS IF THEY WERE IN FINANCIAL DIFFICULTIES.
"GIVEN THE