Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 35

Further powers in relation to regulations and bylaws

(Past version on 30/06/2000).

(1) Regulations made under section 33 or bylaws made under section  34 may
confer authority upon employees of the Corporation or persons authorized by
the Corporation in that regard on railway premises or in
transport interchanges-

   (a)  to detain any person reasonably suspected of having contravened this
        Ordinance, the regulations or bylaws and to take such other steps as
        may be provided for in the regulations or bylaws to ensure that the
        person is dealt with in accordance with law;

   (b)  to stop, search and detain any vehicle in connection with any
        contravention against this Ordinance, the regulations or bylaws.

(2) Regulations made under section 33(1)(f) or bylaws made under section 34
may confer powers upon an employee of the Corporation or any person authorized
by the Corporation in that regard-

   (a)  to request a person suspected of having contravened this Ordinance,
        the regulations or bylaws to give his personal particulars to the
        requestor;

   (b)  if a vehicle is involved in that contravention, to request the
        registered owner of the vehicle to give the personal particulars of
        the driver of the vehicle at the material time to the requestor.

(3) Regulations made under section 33 or bylaws made under section  34 may
provide that a contravention of a specified provision of the regulations or
bylaws is an offence and may prescribe penalties for that contravention not
exceeding a fine at level 2 and imprisonment for 6 months.

(4) Regulations made under section 33 or bylaws made under section  34 which
provide that hawking on railway premises is an offence may also provide that
all or any part of sections 86, 86A, 86C and 86D of the
Public Health and Municipal Services Ordinance ( Cap 132) are to apply as if
that offence was a hawker offence within the meaning of section 83 of that
Ordinance.

(5) Bylaws made under section 34(1)(d) may provide for a fixed penalty to be
payable for contravention of any specified provision of the bylaws and for the
recovery of that fixed penalty.

(6) A plan purporting to be certified by the Chief Executive  Officer as a
plan of a restricted area or as a copy of a plan of a restricted area
certified by the Chief Executive Officer is admissible in evidence in any
proceedings for an offence against a bylaw made under section 34(1A)(b) on its
production without further proof and until the contrary is proved-

   (a)  the court before which such certified plan or copy is produced shall
        presume that the signature to the plan or copy is genuine and that the
        Chief Executive Officer was duly appointed when he certified it; and

   (b)  the plan or copy shall be evidence of the area and boundaries of any
        part or parts of the KCRC Railways delineated or described in the plan
        as a restricted area. (Added 11 of 2007 s. 18)