TNAG-0861-FCO40-1071-Legislation-for-shipping-and-port-control-in-Hong-Kong-1979 — Page 47

MASS TRANSIT RAILWAY CORPORATION

(AMENDMENT)

Ord. No. 58/79

A169

General powers of inspectors.

Chief Secretary may order that defects be remedied.

(5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers.

23B. (1) An inspector may—

(a) at all reasonable times enter upon premises to

which this subsection applies;

(b) carry out on premises to which this subsection applies, or on any machinery, plant or equipment thereon, such tests and inspections as he con- siders expedient;

whom this subsection

(c) require any person to whom

applies-

(i) to do anything which the inspector reason- ably considers to be necessary for facilitating any test or inspection;

(ii) to provide the inspector with such informa- tion relating to the railway or any machinery, plant or equipment connected with the railway as the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose;

(d) take copies of any document produced to him

pursuant to paragraph (c)(ii).

(2) Subsection (1) applies to-

(a) the railway premises and the premises of any con- tractor or subcontractor who is carrying out or has carried out any work on the railway; (b) any employee of the Corporation, any contractor or subcontractor mentioned in paragraph (a) and any employee of such a contractor or subcontractor. (3) Any person who-

(a) without lawful excuse, fails to comply with a re-

quirement under subsection (1)(c);

(b) knowingly furnishes to an inspector acting under subsection (1)(c) information that is false or mis- leading in a material particular;

(c) obstructs an inspector in the exercise of his powers

under subsection (1),

commits an offence and is liable to a fine of $5 000 and to imprisonment for 6 months.

23C. (1) Where in the opinion of the Chief Secretary- (a) the condition of any part of the railway which

has been brought into operation or

of any machinery, plant or equipment of such part; (b) the manner in which the railway or any part

thereof is being operated,

is such as to cause, or to be likely to cause, a risk of injury to any person, the Chief Secretary may, by order in writing delivered to the office of the Chairman, require the Corporation to carry out such work, or to take such steps, as he may specify in the order to ensure that the condition of the railway, or of the part or the machinery, plant or equipment in question, or the manner of operation will cease to constitute such risk.