Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 27

General powers of inspectors

(1) An inspector may-

   (a)  at all reasonable times 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 used in connection with the franchise,
        any test or inspection he considers expedient;

   (c)  require a person to whom this subsection applies-

        (i)    to do anything which the inspector reasonably considers to be
               necessary for facilitating any test or inspection;

        (ii)   to provide the inspector with information which the inspector
               specifies relating to the railway or any machinery, plant or
               equipment connected with the railway, and to answer any
               question or produce for inspection any document which is
               necessary for that purpose; and

        (iii)  to provide a copy of any document which the inspector may
               require to be produced for inspection under subparagraph (ii).

(2) Subsection (1) applies to-

   (a)  the railway, the railway premises and the premises of any contractor
        or subcontractor who is carrying out or has carried out any work on
        the railway; and

   (b)  any employee of the Corporation and any contractor or subcontractor
        mentioned in paragraph (a) and his employees.

(3) The powers conferred by this section or by regulations made under
section 33 may be exercised by an inspector only for the purpose of-

   (a)  ensuring the safety of the railway or railway premises; or

   (b)  investigating an accident which involved the railway or which occurred
        on the railway or on railway premises, when the inspector is directed
        to do so pursuant to those regulations, and are exercisable in
        relation to an extension to the railway only if the extension has been
        brought into operation for public use.

(4) Nothing in this section requires any person-

   (a)  to produce any document which he could not be compelled to produce in
        civil proceedings in the High Court; or

   (b)  in complying with any requirement for the furnishing of information,
        to provide any information which he could not be compelled to provide
        in evidence in civil proceedings in the High Court.

(5) An inspector shall not disclose, except to the Secretary, any information
obtained pursuant to this section unless he has given reasonable notice to the
Corporation beforehand.

(6) Any person who-

   (a)  without reasonable excuse, fails to comply with a requirement under
        subsection (1)(c);

   (b)  knowingly furnishes to an inspector acting under subsection

(1)(c) information that is false or misleading in a material particular; or

   (c)  obstructs an inspector in the exercise of his powers under subsection
        (1), commits an offence and is liable to a fine at level 2 and to
        imprisonment for 6 months.