A280
Ord. No. 26/89
Protection of sewers, etc.
3.
PEAK TRAMWAY (AMENDMENT)
Section 7(1) is amended by repealing "the sewerage or drainage of Hong Kong" and substituting "sewerage or drainage".
Sections substituted
4. Section 14 is repealed and the following substituted—–
"Design and construction
14. The design and construction of the tramway shall be in accordance with any Code of Practice issued from time to time under section 14A and shall have regard to the safety of all persons using, operating or being in the vicinity of the tramway.
Code of Practice in relation to design
14A. The Director of Electrical and Mechanical Services may issue from time to time a Code of Practice dealing with the design and construction of the tramway and notify the issue thereof in the Gazette.
Appointment of inspectors
14B. (1) The Secretary for Transport may in writing appoint any person to be an inspector for the purposes of this section and section 14C.
(2) An inspector who is not a public officer may be paid, as a fee for his services, such amount as the Financial Secretary thinks fit.
(3) The powers conferred by section 14C or by regulations made under section 15 shall be exercised by an inspector only-
(a) for the purpose of testing and examining the tramway following the
carrying out of work thereon; or
(b) for the purpose of ensuring the safety of the tramway or any part thereof;
or
(c) where an inspector is directed to investigate an accident on any part of the tramway under such regulations, for the purpose of carrying out such investigation.
(4) Where an inspector exercises any power under this Ordinance, he shall produce evidence of his identity, and of his appointment, to any person who requests him to do so.
(5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers under this Ordinance.
General powers of inspectors
14C. (1) An inspector may at all reasonable times— (a) 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 considers necessary in the exercise of his powers under section 14B(3);
PEAK TRAMWAY (AMENDMENT)
Ord. No. 26/89 A281
(c) require any person to whom this subsection applies---
(i) to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection carried out under section 14B(3) or paragraph (b) of this subsection;
(ii) to provide the inspector with such information relating to the tramway or any machinery, plant or equipment connected with the tramway as the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose;
(d) make copies of any document produced to him pursuant to paragraph
(c)(ii).
(2) Subsection (1) applies to
(a) the tramway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the tramway; and
(b) any employee of the company, 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 requirement made under
subsection (1)(c);
(b) furnishes to an inspector acting under subsection (1)(c) information that is
false or misleading 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.
(4) Where a person is charged with contravening any of the provisions of subsection (3), it shall not be a defence to the charge that compliance with a requirement under subsection (1)(c) would tend to expose that person to any other proceedings for a criminal offence; but nothing done in compliance with a requirement under subsection (1)(c) shall be admissible in evidence in such other proceedings.
Secretary for Transport may order that defects be remedied
14D. (1) Where in the opinion of the Secretary for Transport—
(a) the condition of any part of the tramway or of any machinery, plant or
equipment of such part;
(b) the manner in which the tramway 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 Secretary for Transport may direct the company to carry out such work, or to take such steps, as he may specify in the order to ensure that the condition of the tramway, or of the part or the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk.
(2) A direction under subsection (1) shall be in writing and may specify the date before which the company shall commence to carry out the specified work or take the specified steps and the date by which the same shall be completed.
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