TNAG-0856-FCO40-1066-Construction-of-underground-railway-system-in-Hong-Kong-1979 — Page 211

Offence of negligent act or omission by employee.

Offence of wilfully endangering safety.

5.

3

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;

(c) provide that failure to comply with a summons or requirement made by an inspector, or the obstruction of an inspector, or the giving of false or misleading information shall be an offence and prescribe penalties for such offences not exceeding a fine of $5 000 and imprisonment for 6 months.".

Amendment of section 24.