Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 33

Regulations

(Past version on 30/06/2000).

PART VIII

REGULATIONS AND BYLAWS

(1) The Secretary may make regulations for anything that is necessary for the
effective carrying out of this Ordinance, including but not limited to
regulations for the purpose of any or all of the following-

   (a)  controlling and regulating-

        (i)    the maintenance and operation of the railway by the
               Corporation; and

        (ii)   (Repealed 11 of 2007 s. 16)

   (b)  providing for the obtaining of information from the Corporation for
        the purpose of section 10;

   (c)  providing for the keeping of records by the Corporation for the
        purpose of section 11;

   (d)  providing for the safety of persons being on the railway or on
        railway premises;

   (e)  providing for the investigation of accidents on the railway or on
        railway premises, or in which the railway is involved;

   (f)  controlling and regulating the use of transport interchanges;

   (g)  regulating the disposal of lost property on the railway; and

   (h)  providing for anything which under this Ordinance is to be or may be
        prescribed.

(1A) The Secretary may make regulations for any or all of the following
purposes-

(a) requiring the Corporation to submit to the Commissioner, at such times and
in such manner as may be specified in the regulations, a programme of the
future operations or plans of the Corporation for the rail and TSA bus service
within the North-west Transit Service Area for such period as may be so
specified, including, without derogation from the generality of the foregoing,
routes to be operated, frequency of service and vehicle allocation to those
routes;

   (b)  controlling and regulating the maintenance and operation of the
        TSA bus service by the Corporation; and

   (c)  any connected purposes. (Added 11 of 2007 s. 16)

(1B) Subsection (1A) expires when that part of the franchise relating to the
KCRC Railways is revoked under section 18. (Added 11 of 2007 s. 16)

(1C) Where any regulation is made under subsection (1A)(a) to require the
Corporation to submit to the Commissioner any programme, neither the
Commissioner nor any other person shall disclose any information obtained
pursuant to that regulation unless he has consulted the Corporation regarding
his intention to do so. (Added 11 of 2007 s. 16)

(2) Regulations made for the purpose of subsection (1)(e)-

   (a)  may confer powers upon an inspector to compel the giving of
        information concerning accidents, including power to summon a person
        to attend before him for the purpose, and may make provision for the
        payment of persons so summoned; and

   (b)  may require compliance with a summons or requirement made by an
        inspector, and may prohibit the obstruction of an inspector, or the
        giving of false or misleading information.

(3) Regulations made for the purpose of subsection (1)(f) may, in relation to
transport interchanges and their use-

   (a)  confer powers upon the Commissioner to give directions to the
        Corporation in respect of the control and regulation of vehicular and
        pedestrian traffic and the operation of public transport services, car
        parks and parking spaces;

   (b)  confer powers upon the Commissioner to do any act, or cause any act to
        be done, which the Corporation is required or directed to do under the
        regulations but has failed to do, and to recover any costs incurred by
        or incidental to such act from the Corporation as a civil debt;

   (c)  control and regulate the provision by the Corporation, subject to the
        approval of the Commissioner, of adequate, efficient, safe and
        continuous roads and facilities for-

        (i)    the use of transport interchanges by vehicles and members of
               the public;

        (ii)   the operation of public transport services;

        (iii)  the parking of vehicles;

   (d)  confer powers upon the Corporation-

        (i)    to erect or place traffic signs, road markings and light
               signals;

        (ii)   to establish zebra crossings and light signal crossings;

        (iii)  to alter, suspend or cancel anything done under regulations
               made for the purposes of this paragraph,
or to do so subject to the approval of the Commissioner;

   (e)  confer powers upon the Corporation-

        (i)    to designate bus stops, light bus stands, taxi ranks,
               restricted and prohibited zones, car parks and parking spaces;

        (ii)   to impose speed limits;

        (iii)  to alter, suspend or cancel anything done under regulations
               made for the purposes of this paragraph,
or to do so subject to the approval of the Commissioner;

   (f)  confer powers upon the Corporation or any person authorized by the
        Corporation in that behalf to issue permits, authorizations, passes
        and tickets for traffic control or parking purposes;

   (g)  provide for access to any transport interchange by vehicles and
        members of the public;

   (h)  in any case where the prior approval of the Commissioner is required
        under this Ordinance for the doing of any act, authorize the
        Corporation to do that act without obtaining that prior approval where
        it is impracticable to do so;

   (i)  provide for the powers of the employees of the Corporation, or other
        persons authorized by the Corporation in that regard, in controlling
        and regulating vehicular and pedestrian traffic; and

   (j)  provide that no compensation is payable to the Corporation for
        anything done or required to be done under or by virtue of those
        regulations which are for the benefit of the operation of the
        transport  interchanges in serving the railway.

(4) A regulation made under this section may contain such consequential,
transitional or saving provision as may be necessary or expedient in
consequence of the expiry of any regulation made under this section. (Added 11
of 2007 s. 16)