TNAG-0772-FCO40-976-Modernisation-and-electrification-of-the-Kowloon-Canton-Rail-1978 — Page 114

A146

Ord. No. 41/78

Amendment of section 31.

Repeal of sections 32 and 33.

Repeal and

replacement of section 47.

Repeal and replacement of section 48.

RAILWAYS (AMENDMENT)

(ii) by inserting, after paragraph (b), the following paragraphs- “(ba) 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 on failure to produce evidence of such payment;

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

railway;

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

found on the railway;"; and

(iii) 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 other property belonging to the railway or under the control of the general manager; (g) the powers and duties of railway employees;".

10. Section 31 of the principal Ordinance is amended- (a) by deleting subsection (2) and substituting the following sub-

section-

"(2) If any railway employee is alleged to have committed a breach of any railway rules made under section 29(1)(k), 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 railway employee 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".

11. Sections 32 and 33 of the principal Ordinance are repealed.

12. Section 47 of the principal Ordinance is repealed and replaced by the following section-

"Penalty for trespass.

47. Any person who without lawful excuse is on any train, railway track, station, land or other property belonging to the railway and refuses to leave the same on being required to do so by any railway employee may be im- mediately removed therefrom by any railway employee and shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.".

13. Section 48 of the principal Ordinance is repealed and replaced by the following section-

"Penalty in respect of

animals.

48. Any person who wilfully—

(a) rides, leads or drives upon or across a railway track any animal except in directly crossing the railway track at any road or place appointed for that purpose and at a time at which he may lawfully do so;