TNAG-0952-FCO40-1171-Legislation-for-aerial-ropeways-(cable-cars)-in-Hong-Kong-1980 — Page 21

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(e) clauses 8, 13(c), 14 and 18(b) expand

existing provisions so that safety requirements

may take into account persons who are not

using or operating the ropeway, but are in

the vicinity.

The remaining clauses are consequential or

involve only drafting changes. In particular clause 9

repeals the existing section 15 because its provisions

are incorporated in the new section 27(1), and clauses

5, 10 and 12 make amendments which make it clear that

the offences against the amended sections are continuing

offences, so that a daily penalty can be applied to them.

As to (c) above, the suppression of dangerous

conduct is sought to be achieved by creating three new

offences. First, any act or omission in relation to an

aerial ropeway which is likely to render the ropeway

unsafe is made an offence (new section 23A). The

prescribed penalty (clause 19) is a fine of $10,000 and

2 years' imprisonment. An offender may be arrested by a

"designated employee" i.e. an employee of the owner of

an aerial ropeway who has been designated by name by

the Director of Public Works (new sections 23D(1)(b)

and 23E).

Secondly, it is made an offence to trespass

on an aerial ropeway (new section 23B) and thirdly,

failure to obey any direction given for safety purposes

by a designated employee is made an offence (new section

23C). Such an employee may require an offender to give