Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 28

Secretary may require Corporation to carry out works in interest of safety

(1) Where in the opinion of the Secretary-

   (a)  the condition of a part of the railway which has been brought into
        operation, or of any machinery, plant or equipment of such part; or

   (b)  the manner in which the railway or a part of it is being operated, is
        such as to cause, or to be likely to cause, a risk of injury to any
        person, the Secretary may require the Corporation to carry out work or
        to take steps to ensure that the condition or manner of operation in
        question will cease to cause or to be likely to cause any such risk.

(2) A requirement under subsection (1) shall be effected by notice in writing
given to the Corporation, and the notice-

   (a)  shall specify the work or steps required to be carried out or taken;

   (b)  may specify the time before which the Corporation shall commence to
        carry out the work or take the steps and the time by which the work or
        steps must be completed.

(3) If the Corporation fails without reasonable excuse to comply with a notice
given under this section the Corporation commits an offence and is liable to a
fine at level 6 and to a further fine of $10000 for each day during which it
is proved that the failure to comply with the notice has continued without
reasonable excuse.

(4) A copy of a document which purports to be a notice signed by the Secretary
for the purposes of this section-

   (a)  is admissible in evidence in proceedings for an offence under
        subsection (3) on its production without further proof; and

   (b)  is sufficient evidence of the opinion of the Secretary and of the
        other matters contained in the document.