TNAG-1733-FCO40-2446-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 193

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Compensation the railways accident victims

Question No 2

REPLY BY THE SECRETARY FOR HEALTH & WELFARE

TO A QUESTION ASKED BY THE HON DR CHIU HIN KWONG IN THE LEGISLATIVE COUNCIL ON WEDNESDAY, 15 JUNE 1988

2. DR. CHIU asked :

Will Government inform this Council whether people injured on trains or within the

precincts of train stations are covered by any provisions similar to the Traffic Accident Victims Assistance Scheme (TAVAS) and, if not, will consideration be given to extending TAVAS or establishing a separate scheme to cover such victims?

SECRETARY FOR HEALTH AND WELFARE :

sir,

persons who are injured on trains or within the

precincts of railway stations are not covered by any

scheme similar to the Traffic Accidents Victims Assistance

Scheme (TAVAS).

The question of extending TAVAS to cover

victims of railway accidents or setting up a separate fund

was considered in some detail several years ago. There is,

however, a basic difference between accidents on the roads

and on the railways. Whereas everybody has the right of

access to public roads, people involved in accidents on

the railways are either fare-paying passengers, who are in

a contractual position whereby the carrier is required to

take all reasonable steps to ensure their safety, or

trespassers on railway property.

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Moreover, one of the main

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