XN000022-1976-08-04 — Page 14

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WEDNESDAY, AUGUST 4, 1976.

COMPENSATION FOR PEOPLE INJURED AT MTR SITES

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THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY, SAID TODAY IF ANYONE VISITING A MASS TRANS IT RAILWAY CONSTRUCTION SITE ON DUTY OR ANYONE WHO WAS OTHERWISE ON SUCH A SITE WITH PERMISSION WAS INJURED OR KILLED ON THE SITE AS A RESULT OF THE NEGLIGENCE OF THE MTR CORPORATION OR ITS SERVANTS OR CONTRACTORS, HE OR HIS DEPENDANTS WOULD HAVE THE NORMAL CIVIL CLAIM FOR DAMAGES.

HE WAS REPLYING TO A QUESTION BY THE HON. ROGER LOBO AT THE LEGISLATIVE COUNCIL.

HOWEVER, MR. HOBLEY ADDED, THAT IF SUCH A PERSON WAS INJURED OR KILLED WHOLLY THROUGH HIS OWN FAULT OR ACCIDENTALLY WITHOUT FAULT ON ANYONE'S PART, NEITHER HE NOR HIS DEPENDANTS WOULD HAVE ANY CLAIM FOR COMPENSATION,

+ IT IS CONSIDERED THAT IT WOULD NOT BE REASONABLE TO EXPECT EITHER THE GOVERNMENT OR THE CORPORATION TO ACCEPT RESPONSIBILITY FOR COMPENSATING A PERSON, OR HIS DEPENDANTS, WHERE THE INJURY OR DEATH IS ATTRIBUTABLE WHOLLY TO HIS FAULT OR IS ACCIDENTAL, + HE SAID.

+TO DO SO WOULD BE CONTRARY TO ALL ACCEPTED PRACTICE AND THE IMPLICATIONS FOR OTHER SPHERES OF ACTIVITY, WHICH ARE IN THIS RESPECT NO DIFFERENT FROM THE RAILWAY, ARE IMMENSE, HE ADDED.

MEASURES TO IMPROVE TAXI SERVICE BEING CONSIDERED

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A WORKING PARTY REVIEWING ROAD TRAFFIC REGULATIONS IS CONSIDERING THE POSSIBILITY OF MAKING IT AN OFFENCE FOR TAXI DRIVERS TO REFUSE PICKING PASSENGERS WHILE DRIVING ALONG THE ROAD, THE SECRETARY FOR THE ENVIRONMENT, THE HON. ALAN ARMSTRONG-WRIGHT TOLD THE LEGISLATIVE COUNCIL TODAY.

REPLYING TO A QUESTION BY DR. THE HON. CHUNG SZE-YUEN, HE SAID THE GOVERNMENT WAS AWARE OF THE INCONVENIENCE AND UNDESIRABILITY OF SUCH A PRACTICE.

HOWEVER, HE POINTED OUT THAT THE FIRST RESPONSIBILITY OF A TAXI DRIVER, DRIVING ALONG A ROAD, MUST BE TO DRIVE SAFELY AND TO OBSERVE TRAFFIC RULES.

+THIS RESPONSIBILITY HAS TO BE TAKEN INTO ACCOUNT AND IT MAY BE DIFFICULT TO FORMULATE REGULATIONS WHICH, ON THE ONE HAND, RECOGNISE THAT THERE ARE VAL ID REASONS WHY TAX I DRIVERS MAY BE UNABLE TO PICK UP PASSENGERS WHEN HAILED, AND ON THE OTHER HAND, DO NOT PROVIDE ERRING TAXI DRIVERS WITH EASY EXCUSES FOR AVOIDING PROSECUTION, HE SAID.

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