Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 34

Bylaws

(Past version on 30/06/2000).

(1) The Corporation may, under its common seal, make bylaws for any or all of
the following purposes-

   (a)  prescribing the terms and conditions relating to the use of its
        service;

   (b)  controlling and regulating-

        (i)    the conduct of members of the public using the railway or on
               railway premises;

        (ii)   a system for evidencing (whether by the issue of tickets or
               otherwise) the payment of fares on the railway and any contract
               of carriage of passengers on the railway;

        (iii)  advertising on railway premises; and

        (iv)   the custody and disposal of property found on railway premises;

   (c)  protecting the property of the Corporation on railway premises;

   (d)  in relation to a transport interchange-

        (i)    controlling and regulating classes of vehicular and pedestrian
               traffic as may be approved by the Commissioner;

        (ii)   controlling and regulating vehicles and the conduct of members
               of the public at bus stops, light bus stands and taxi ranks;

        (iii)  controlling and regulating vehicles and the conduct of members
               of the public in car parks and at parking spaces;

        (iv)   controlling and regulating the conduct of members of the public
               at other parts of a transport interchange;

        (v)    providing for any of the following things to be done subject to
               the approval of the Commissioner- (A) erecting or placing
               traffic signs, road markings and light signals; (B)
               establishing zebra crossings and light signal crossings; (C)
               altering, suspending or cancelling anything done under bylaws
               made for the purposes of this subparagraph;

        (vi)   providing for the following things to be done subject to the
               approval of the Commissioner- (A) designating bus stops, light
               bus stands, taxi ranks, restricted and prohibited zones, car
               parks and parking spaces; (B) imposing speed limits; (C)
               altering, suspending or cancelling anything done under bylaws
               made for the purposes of this subparagraph;

        (vii)  providing for the issuing of permits, authorizations, passes
               and tickets for traffic control or parking purposes and the
               imposing and collecting of charges for parking;

        (viii) providing for- (A) the towing away, impounding, removal and
               disposal of any vehicle or thing causing obstruction in a
               transport interchange; (B) the imposition and collection of
               charges as approved by the Commissioner in respect of any such
               towage or removal and of any impounding, storage, detention or
               service of such vehicle or thing;

        (ix)   providing for the limitation or exclusion of liabilities of the
               Corporation in respect of any loss or damage to property;

        (x)    authorizing any person to act on its behalf for the purposes of
               this paragraph.

(1A) The Corporation may, under its common seal, make bylaws for any or all of
the following purposes-

   (a)  prescribing the terms upon which any goods or class of goods will be
        received for carriage by the Corporation or stored by it including
        limitations on the liability of the Corporation in respect of the
        goods; and

   (b)  controlling access to certain areas of the railway premises by-

        (i)    restricting access by the public or by any person to any part
               of the railway premises, and the days and times of admission to
               that part of the railway premises;

        (ii)   issuing permits for access to any restricted area of the
               railway premises and the fees payable in respect of such
               permits;

        (iii)  exempting, by notice in writing and subject to such conditions
               as the Chief Executive Officer may impose, any person or class
               of person from all or any of the requirements of any bylaw
               regarding entry into a restricted area; and

        (iv)   empowering the Chief Executive Officer to prepare and certify a
               plan delineating or describing any part or parts of the
               railway premises as a restricted area. (Added 11 of 2007 s. 17)

(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. 17)

(1C) Where the Corporation operates the TSA bus service, the power to make
bylaws under subsections (1) and (1A) shall extend to making bylaws for the
purposes of the TSA bus service for any of the matters specified in those
subsections as if the TSA bus service were the service. (Added 11 of 2007 s.
17)

(1D) Nothing in subsection (1C) shall have the effect of deeming premises used
in the operation of the TSA bus service to be the railway  premises for the
purposes of subsection (1A)(b). (Added 11 of 2007 s. 17)

(1E) Any bylaw 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 bylaw made under this section. (Added 11 of
2007 s. 17)

(2) Bylaws shall not be made under this section which are inconsistent with
this Ordinance or regulations made under this Ordinance.

(3) Bylaws made under this section are subject to the approval of the
Legislative Council.

(4) The Corporation shall cause printed copies of all bylaws made under this
section to be kept at its registered office and to be available for sale to
any person at a reasonable cost.