1978-HKRS28-16-26_Part02 — Page 54

Authenticated Laws 確真本香港法例 All

Repced and Bepisc commett of Descolligan 3.

(4) all land within the fences or other boundary marks indicating the limits of the land belonging to the milway;

(b) all railway tracks, sidings or branches worked over for the purposes of or in connexion with the railway, (c) all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant, machinery, and other works, which belong to, or are constructed for the purposes of or in connexion with, the railway; to all railway locomotives or other motive power, trains, rolling stock and vessels which are used for the traffic of the railway and belong to the railway or are hired or worked by or by the authority of the general ownager;

(e) any extension of the railway in process of con-

struction: and

( all works connected with or for the purposes of the railway authorized to be constructed;"; and

(c) deleting the definition of Prailway official" and substituting the

following-

"railway employee" means the general manager, the deputy general manager, any assistant general manager and any other officer or employee of the railway.".

4. Section 3 of the principal Ordinance is repealed and replaced by the following section~

**Duties and

JO KRKON

depul or

3. Any duty or power required to be performed or exercised by the general manager by or under this Ordinance Bassani pomera may be performed or exercised by the deputy general manager or an assistant general manager, if so authorized by the general mannger.”,

muller.

Arteoment of RSI 5.

5.

Amendmem of

beading abor

#evilom tt.

Repeal Bad téplacement oľ

mecsłon 20.

Section 6 of the principal Ordinance is amended- (e) in subsection (1), by deleting "any railway within the Colony"

and substituting the following-

"the railway or any extension thereof"; end

(b) in subsection (2), by deleting "such railway" and substituting the

following-

"the railway of any extension thereof).

6.

The beading appearing above section 18 of the principal Ordinance is amended by deleling "ADMINISTRATOR” Lnd substituting the following-

**GENERAL MANAGER".

7. Section 20 of the principal Ordinance is repealed and replaced by the following section—

**Labiday In

pent af

curringe of

OGG,

20 (1) Subject to subsection (3), the liability of the general manager for the loss, destruction or deterioration of animals delivered to be carried on the railway shall not in any case exceed $50 a bead, unless the person delivering them declares them, or causes them to be declared, to be of higher value at the time of their delivery.

(2) Where a value higher than $50 is declared, the general manager may charge in respect of the increased risk a percentage on the excess of the value over $50.

3

(3) The general manager shall not be liable for the loss, destruction or deterioration of poultry or other birds delivered to be carried on the railway.""

*. Section 27 of the principal Ordinance is repealed.

9.

(a)

Section 29 of the principal Ordinance is amended---

in subsection (1) by deleting paragraph (3) and substituting the following paragraph-

*(*) to make railway rules regulating the work and conduct of railway employees and, subject to the approval of the Governor, providing for disciplinary measures and punish- ment in the case of any breach of such railway rules.": and

() in subsection (2)––

in paragraph (a), by deleting "and the restrictions to be placed upon the carriage of persons who are lepers or who are suffering from any contagious or infectious disease":

(i) by inserting, after paragraph (5), the following paragraphs- “(be) a system for securing or evidencing the payment of fares by passengers travelling, or rates for animals or goods carried, on the railway;

(bb) the imposing of a surcharge where a person travels, or animals or goods are carried, on a train without payment of the proper fare or rate, as the case may be, or ou failure to produce evidence of such payment;

(be) the safety of persons using or engaged in work on the

railway;

(b) the custody, forfeiture and disposal of unclaimed property

found on the railway;"; and

(i) by deleting paragraphs (f) and (g) and substituting the following paragraphs—

"(f) the control of persons, vehicles and animals whilst on the premises, rolling stock or ather property belonging to the railway or under the control of the general manager; (g) the powers and duties of railway employees.".

t Section 31 of the principal Ordinance is amended-

(a) by deleting subsection (2) and substituting the following sub-

section-

*(2) Lf any railway employez js alleged to have committed a breach of any railway rules made under section 29(1XA). the general manager may inquire summarily into such allegation in accordance with the railway rules and, if he is of the opinion that the breach was committed without reasonable excuse, he may impose on such milway employce such punishment as may be provided in the railway rules."? (b) by deleting subsection (3); and

(c) in subsection (4) by deleting penalty imposed by the general

manager under this section" and substituting the following

"punishment imposed by the general manager under the railway rules".

Repeal of sendon 27.

Amendment of section 29.

Amendment of salon 31.

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