TNAG-1061-FCO40-1311-The-Kowloon-Canton-Railway-1981 — Page 67

Enclosure No.

4

A BILL

To

Amend the Kowloon-Canton Railway Ordinance and to validate certain acts of the general manager in relation to the through train service to The People's Republic of China.

Enacted by the Governor of Hong Kong, with the advice and con- sent of the Legislative Council thereof.

1. This Ordinance may be cited as the Kowloon-Canton Railway Short title. (Amendment) Ordinance 1981.

2.

Section 29 of the principal Ordinance is amended by inserting Amendment of after subsection (2) the following-

"(2A) Subject to the approval of the Governor in Council, the general manager may, for the purpose of controlling access to certain areas of the railway, make regulations providing for-

(a) the restriction of access by the public or by any person to any part of the railway, and the days and times of admis- sion thereto;

(b) the issue of permits for access to any restricted area of the

railway and the fees payable in respect of such permits;

(c) by notice in writing and subject to such conditions as the general manager may impose, the exemption of any person or class of person from all or any of the requirements of any regulation regarding entry into a restricted area;

(d) the empowering of the general manager to prepare and certify a plan or plans delineating or describing any part or parts of the railway as a restricted area;

(e) the appointment by the general manager by notice in writing of public officers as authorized persons for the purposes of any regulation made under this subsection;

(f) the conferring of authority on any public officer, authorized in writing for the purpose by the general manager, to detain within the railway any person reasonably suspected of having contravened any regulation made under this sub- section, and to take such other steps as may be provided for in the regulations to ensure that a person so detained is dealt with in accordance with the law; and

(g) the contravention of specified provisions of any regulation made under this subsection to be an offence and to provide penalties for any such offence not exceeding a fine of $10,000 and imprisonment for 2 years.

(2B) In any prosecution for an offence against any regulation made under subsection (2A), a plan purporting to be certified by the general manager as a plan of a restricted area or as a copy of a plan of a restricted area certified by the general manager, shall be admitted in evidence in proceedings before a court on its production without further proof and until the contrary is proved-

(a) the court before which such certified plan or copy is produced shall presume that the signature to the plan or copy is genuine and that the general manager was duly appointed when he certified it;

section 29. (Cap. 99.)