Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 14

Chief Executive in Council may impose financial penalty

(1) The Chief Executive in Council may, on a reference by the Secretary, by
notice in writing impose on the Corporation a financial penalty specified in
the notice for any failure by the Corporation to comply with any provision of
this Ordinance or the operating agreement, or with any direction,
specification or requirement given under this Ordinance or the
operating agreement.

(2) The Corporation shall not be found liable to the imposition of a penalty
under subsection (1) unless-

   (a)  the Corporation has been given an opportunity to make representations
        to the Chief Executive in Council; and

   (b)  the Chief Executive in Council is satisfied-

        (i)    that the failure is substantial or is persistent in nature; and

        (ii)   where the obligation is one of a continuing nature, that the
               Corporation has had a reasonable opportunity of remedying the
               failure.

(3) A financial penalty imposed under this section shall not exceed-

   (a)  in respect of any failure-

        (i)    in the case of a first imposition of such a penalty, an amount
               equal to a fine at level 3;

        (ii)   in the case of a second imposition of such a penalty, an amount
               equal to a fine at level 4;

        (iii)  in the case of a third or subsequent imposition of such a
               penalty, an amount equal to a fine at level 5; and

   (b)  in respect of any failure which is of a continuing nature, $10000 for
        each day on which the failure continues, and in this subsection,
        reference to an amount equal to a fine at a certain level is a
        reference to the amount shown in Schedule 8 to the
        Criminal Procedure Ordinance ( Cap 221) as the amount of a fine of
        that level for an offence under an Ordinance.

(4) A financial penalty imposed under this section is recoverable by the
Government as a civil debt.

(5) Where the Chief Executive in Council is considering the imposition of a
penalty on the Corporation under this section, he shall not take into account
any failure of the Corporation which was considered for the purposes of a
previous imposition of a penalty on the Corporation under this section, unless
the Corporation has failed to pay that previous penalty or to rectify any
default that gave rise to the failure in question.

(6) This section does not apply to any provision of this Ordinance the
contravention of which is an offence under this Ordinance.