TNAG-0856-FCO40-1066-Construction-of-underground-railway-system-in-Hong-Kong-1979 — Page 203

A170

Ord. No. 58/79

Offence of negligent act or omission

by employee.

Offence of wilfully endangering safety.

Amendment of section 24.

5.

MASS TRANSIT RAILWAY CORPORATION (AMENDMENT)

(2) An order under subsection (1) may specify th time before which the Corporation shall commence to carry out the specified work or take the specified steps and the time by which the same shall be completed.

(3) If the Corporation fails without reasonable excuse to comply with an order under this section the Corporation commits an offence and is liable to a fine of $100 000 and to a further fine of $10 000 for each day during which it is proved to the Court that the failure to comply with the order has continued without reasonable excuse.

(4) A copy of a document which purports to be an order signed by the Chief Secretary for the purposes of subsection (1)-

(a) shall be admitted in evidence in proceedings for an offence under subsection (3) on its production without further proof; and

(b) shall be sufficient evidence of the opinion of the Chief Secretary and of the other matters contained therein.

23D. (1) An employee of the Corporation commits an offence if, in connexion with his duty, he negligently does or omits to do anything in relation to the condition or operation of any part of the railway after that part has come into public use, and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be endangered.

(2) An employee who commits an offence under subsec- tion (1) is liable to a fine of $5 000 and to imprisonment for 6 months.

(3) For the purposes of subsection (1) negligence is the failure to exercise such care or skill as a reasonable employee in the situation would exercise.

23E. (1) A person commits an offence if he wilfully does or omits to do anything in relation to the railway and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be endangered.

(2) A person who commits an offence under sub- section (1) is liable to a fine of $5 000 and to imprison- ment for 6 months.".

Section 24 of the principal Ordinance is amended-

(a) by being renumbered as subsection (1);

(b) by inserting after subsection (1) the following subsection-

"(2) Regulations made under subsection (1) may, in relation to the investigation of accidents-

(a) confer powers upon inspectors to compel the giving of information concerning accidents, including power to summon a person to attend before him for the purpose;

(b) make provision for the payment of persons so

summoned;