Cap. 265 - Peak Tramway Ordinance

To authorize the construction of the Peak Tramway; to provide for the grant and termination of the operating right of the Peak Tramway; to regulate the operation of the Peak Tramway. (Amended 8 of 1912 s. 25; 16 of 2015 s. 3) [3 November 1883](Format changes—E.R. 2 of 2014) 1. Short title This Ordinance may be cited as the Peak Tramway Ordinance.(Amended 8 of 1912 s. 25; 5 of 1924 s. 6) 2. Interpretation In this Ordinance, unless the context otherwise requires—company (公司) means the body corporate to which the operating right is granted under this Ordinance; (Amended 10 of 1926 s. 2; 16 of 2015 s. 4)operating right (經營權) means the right to operate the tramway; (Added 16 of 2015 s. 4)Secretary (局長) means the Secretary for Culture, Sports and Tourism; (Added 16 of 2015 s. 4. Amended L.N. 144 of 2022)tramway (䌫車軌道、䌫車) includes tramcars used upon the tramway; (Added 26 of 1989 s. 2; 16 of 2015 s. 4)works or undertaking (工程、工程設施或業務) means the works or undertaking of whatever nature which by this Ordinance are or is authorized to be executed. (Amended 20 of 1948 s. 4) 2A. (Repealed 16 of 2015 s. 5) 2B. Grant of the operating right (1) The Chief Executive in Council may, on application and in any manner that the Chief Executive in Council thinks fit, grant the operating right to a body corporate—(a) on terms agreed between the Government and the body corporate; and(b) for a period not exceeding 10 years.(2) The operating right may be granted under subsection (1) to—(a) the body corporate holding the operating right granted previously under subsection (1) or (5) or any other provision of this Ordinance; or(b) a body corporate that does not hold the operating right.(3) In deciding whether or not to grant the operating right to a body corporate under subsection (1), the Chief Executive in Council must take into account all relevant matters, including—(a) the terms proposed by the body corporate;(b) any representation made by the body corporate;(c) whether the body corporate will be able to maintain the tramway as an important tourism and recreational facility;(d) the financial capability of the body corporate; and(e) any relevant experience and performance of the body corporate in operating the tramway or any similar facility.(4) Subsection (5) applies if—(a) the operating right is granted under subsection (1) for a period (current period); and(b) the holder of the operating right applies for the grant of the operating right for a further period.(5) The Chief Executive in Council must, subject to subsection (6), grant the operating right to the holder—(a) on terms agreed between the Government and the holder; and(b) for a further period not exceeding 10 years beginning on the expiry of the current period.(6) The Chief Executive in Council must not grant the operating right under subsection (5) unless the Chief Executive in Council is satisfied by evidence submitted by the holder that—(a) the holder is committed to implementing a plan for modernizing and improving the tramway and ancillary equipment and facilities;(b) the holder is capable of implementing the plan; and(c) the implementation of the plan will be conducive to maintaining the tramway as an important tourism and recreational facility.(7) The operating right may only be granted to a body corporate within the meaning of company in section 2(1) of the Companies Ordinance (Cap. 622).(8) The operating right has effect subject to this Ordinance.(9) To avoid doubt, the power under subsection (1) or (5) may be exercised in relation to a body corporate more than once.(Added 16 of 2015 s. 6) 2C. Application for operating right (1) An application for the operating right must be—(a) made in writing to the Secretary; and(b) accompanied by the information or materials that the applicant wishes to put forward in support of the application.(2) An application made after 1 January 2016 by the holder of the operating right for the grant of the operating right for a further period under section 2B(1) or (5) may only be made before—(a) if the current period for which the operating right is granted is longer than 3 years—the last 3 years of the period; or(b) if the current period for which the operating right is granted is 3 years or less—a date specified by the Secretary for this subsection.(3) The Chief Executive in Council must determine an application for the operating right without unreasonable delay.(Added 16 of 2015 s. 6) 3. Power to construct and work certain tramways (1) During the period for which the operating right is granted, the company has—(a) the right to occupy the tramway area for the purposes of the operating right; and(b) the right to construct, maintain, work and use the tramway and all structures, equipment, works and conveniences connected with the tramway. (Replaced 16 of 2015 s. 7)(1A) The rights under subsection (1) are subject to the terms referred to in section 2B(1)(a) or (5)(a). (Added 16 of 2015 s. 7)(1B) Sections 4, 5, 10 and 10A of the Land (Miscellaneous Provisions) Ordinance (Cap. 28) do not apply to the tramway area. (Added 16 of 2015 s. 7)(2) The tramway referred to in subsection (1) is a partly single and partly double line, commencing from the southwest boundary of Inland Lot 7977, thence passing in a southerly direction up the hillside, crossing over Kennedy Road by means of a bridge and under Macdonnell Road, Magazine Gap Road and May Road Bridges to the terminus at Victoria Gap terminating on the boundary of Rural Building Lot 1104, as shown on the Plan: (Amended 8 of 1993 s. 2; 16 of 2015 s. 7) Provided that such alteration as the company thinks fit may be made to the position of the rail-tracks of the tramway as shown on the Plan so long as they are within the limits of deviation shown on the Plan. (Replaced 57 of 1986 s. 3. Amended 16 of 2015 s. 7) (3) In this section—Plan (《圖則》) means the plan numbered MH2528d signed on behalf of the Director of Lands and deposited in the Land Registry; (Added 16 of 2015 s. 7. Amended L.N. 172 of 2018)tramway area (纜車軌道範圍) means the area delineated and coloured yellow on the Plan. (Added 16 of 2015 s. 7)(4) The Secretary may, by notice published in the Gazette, amend the definition of Plan in subsection (3) by replacing the reference to the plan in the definition with a reference to another plan. (Added 16 of 2015 s. 7) 4. Power to alter levels of ground etc. Subject to the approval of the Secretary, the company may alter the levels of the ground on which the tramway is laid, make and construct all necessary cuttings and embankments, bridges, viaducts, culverts, catch-water drains, and other works, and divert streams:Provided that the earth excavated and thrown to waste is disposed of in such manner as to prevent its being washed down by rain into the harbour.(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 26 of 1989 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 8) 5. Power to make additional structures, equipment, etc. Subject to the approval of the Secretary, after timely and adequate notification by public advertisement or otherwise of the intention of the company to apply for such approval, the company may construct and maintain, subject to the provisions of this Ordinance and in accordance with plans to be previously deposited with the Secretary, all such structures, equipment, and other works in addition to those particularly specified in and authorized by this Ordinance as may be approved by the Secretary, and may work and use the same.(Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 ss. 7 & 8; 27 of 1992 s. 4; L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 9) 6. (Repealed 26 of 1989 s. 11) 7. Protection of sewers, etc. (1) Where the tramway, or any work connected therewith, interferes with any sewer, drain, watercourse, or subway, or in any way affects sewerage or drainage, the company shall not commence such tramway or work until it has given to the Secretary 14 days’ notice in writing of its intention to do so together with all necessary particulars relating thereto, nor until the Secretary has signified his approval of the same, unless he does not signify his approval, disapproval, or other directions within 14 days after service of the said notice and particulars. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 20 of 1948 s. 4; 57 of 1986 s. 4; 26 of 1989 ss. 3 & 8)(2) The company shall comply with the directions of the Secretary in the execution of the said works and shall provide by new, altered, or substituted works, in such manner as he may require, for the proper protection of, and for preventing injury or impediment to, the sewers and works hereinbefore referred to by or by reason of the tramway, and shall save harmless the Secretary against the expense occasioned thereby. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8)(3) All such works shall be done by or under the superintendence of the Secretary, at the cost and expense of the company. (Amended 51 of 1911 s. 4; 20 of 1948 s. 4)(4) When any new, altered, or substituted work is completed, the same shall thereafter be as completely under the control of the Secretary, and be maintained by him, as any other sewers or works. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 20 of 1948 s. 4)(Amended 8 of 1912 s. 25; 26 of 1989 s. 8; L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 10) 7A. Power to enter adjoining lands, etc. (1) The Secretary may authorize the company, in case of any slip or other accident happening or being apprehended to the tramway or any works under its control, to enter upon any land adjoining the tramway, for the purpose of repairing or preventing the accident, and to do all works that may be necessary for that purpose. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 11)(2) The company shall, at least 14 clear days before it enters upon the land pursuant to the Secretary’s authorization under subsection (1)— (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 11)(a) deliver to the owner of the land a notice of the authorization and the right for compensation under subsection (5); and(b) affix a copy of the notice upon a conspicuous part of the land to which the authorization relates.(3) The company may in a case of urgency enter upon the land and do the works mentioned in subsection (1) without the authority of the Secretary, but it shall, within 24 hours after the entry, make a report to the Secretary specifying the nature of the happening and of the works necessary to be done, and the power of the company under this subsection ceases if the Secretary notifies the company that the exercise of the power is not necessary for the public safety. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 11)(4) Where the company intends to enter upon the land under subsection (3), it shall, as soon as is practicable—(a) deliver to the owner of the land a notice of its intention and the right for compensation under subsection (5); and(b) affix a copy of the notice upon a conspicuous part of the land to be entered upon,but where in circumstances in which it is impracticable to comply with the requirement of paragraph (a) before it enters upon the land, it shall, as soon as the entry has been made, deliver to the owner of the land a notice that the entry has been made and of the right for compensation under subsection (5).(5) Any person who suffers an injury to a private right in respect of an interest in land adjoining the tramway and which directly arises from any work carried out under subsection (1) or (3) has a right against the company for compensation in respect of actual loss fairly and reasonably arising from that injury.(6) After the expiry of 3 months from the date of the submission of his claim to the company under subsection (5), the claimant may, if the claim has not been agreed, submit his claim to the Lands Tribunal for determination and, for this purpose, the Lands Tribunal has jurisdiction to determine the claim under the Lands Tribunal Ordinance (Cap. 17).(7) No claim for compensation under subsection (5) shall be brought after the expiration of 3 years from the date on which the injury on which the claim is founded was suffered.(8) For the avoidance of doubt it is hereby declared that this section applies to the Government. (Amended 16 of 2015 s. 11)(Added 27 of 1992 s. 5) 8. Settlement of differences between company and Secretary (Amended 16 of 2015 s. 12)(1) If any difference arises between the company and the Secretary with respect to any interference or control exercised or claimed to be exercised by the company or the Secretary, by virtue of this Ordinance, in relation to the tramway or any work, or in relation to any work or proceeding of the Secretary, or with respect to the propriety or the mode of execution of any work relating to the tramway, or on the question whether any work is such as ought to satisfy the Secretary, or with respect to any other subject or thing regulated by or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by the Chief Executive in Council, on the application of either party. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8; 62 of 1999 s. 3; L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 12)(2) This section does not apply if the company is in default within the meaning of section 8A. (Added 16 of 2015 s. 12) 8A. When is the company in default For the purposes of sections 8B, 8C and 8E, the company is in default if—(a) it fails to, or there is a substantial likelihood of it failing to, operate and maintain the tramway properly, which results, or is likely to result, in—(i) a substantial breakdown of the tramway system;(ii) persons who travel on the tramway or who are on the tramway station or termini being endangered in a manner that may result in serious injury to or death to those persons; or(iii) serious injury to or death of those persons;(b) it fails to comply with a term on which the operating right is granted;(c) it appears insolvent to the extent that it is unable to maintain the tramway as an important tourism and recreational facility; or(d) any of the following circumstances occurs—(i) a petition is presented for the winding up of the company under the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32);(ii) the company has passed a resolution for voluntary winding up within the meaning of section 228(2) of that Ordinance;(iii) a winding-up statement is delivered under section 228A(1) of that Ordinance to the Registrar of Companies in relation to the company.(Added 16 of 2015 s. 13) 8B. Secretary’s power in case of default (1) This section applies if the company is or has been in default in the manner specified in section 8A(a), (b) or (c).(2) The Secretary may issue a notice to the company requiring it to—(a) remedy the default; and(b) take effective measures to the satisfaction of the Secretary to prevent the default from recurring.(3) The Secretary may conduct an inquiry into the financial condition of the company if the company is or has been in default in the manner specified in section 8A(c).(4) The Secretary must not issue a notice under subsection (2) on the ground that the company is or has been in default in the manner specified in section 8A(c) unless the Secretary considers, after conducting an inquiry under subsection (3), that the company is insolvent to the extent that it is unable to maintain the tramway as an important tourism and recreational facility.(5) A notice under subsection (2) must specify the period within which the requirement must be complied with.(6) The period must be reasonable in the circumstances.(7) If the company needs more time to comply with the requirement in the notice, it may apply in writing to the Secretary for an extension of the period.(8) On an application under subsection (7), the Secretary may extend the period for such time that the Secretary considers reasonable in the circumstances.(9) A period may be extended more than once under subsection (8).(Added 16 of 2015 s. 13) 8C. Notice of intention to terminate operating right (1) This section applies if the Secretary—(a) is of the opinion that the company has failed to comply with a notice issued to it under section 8B(2); and(b) reports to the Chief Executive in Council that the company has failed to comply with the notice.(2) The Chief Executive in Council may direct the Secretary to issue a notice to the company if it appears to the Chief Executive in Council that—(a) the company is or has been in default in the manner specified in section 8A(a), (b) or (c); and(b) a notice issued under section 8B(2) for the default has not been complied with.(3) A notice issued under subsection (2) must—(a) inform the company of the intention of the Chief Executive in Council to terminate the operating right granted to the company;(b) be accompanied by—(i) a copy of the notice issued under section 8B(2); and(ii) a summary of the report referred to in subsection (1)(b); and(c) point out the right to make representation under section 8D(1).(Added 16 of 2015 s. 13) 8D. Company may make representation (1) If a notice is issued under section 8C(2), the company may make a written representation to the Chief Executive in Council to show cause why an order should not be made under section 8E(1)(a).(2) The representation must be made within—(a) 28 days after the date of issue of the notice; or(b) any further period the Chief Executive in Council allows.(Added 16 of 2015 s. 13) 8E. Order of termination (1) The Chief Executive in Council may—(a) by order terminate the operating right granted to the company if satisfied that—(i) the company is or has been in default in the manner specified in section 8A(a), (b) or (c);(ii) the procedures prescribed by sections 8B and 8C have been followed in relation to the default;(iii) no sufficient cause has been shown under section 8D(1) why the order should not be made; and(iv) it is just and reasonable to make the order; or(b) by order terminate the operating right granted to the company if—(i) the company is in default in the manner specified in section 8A(d); and(ii) it appears to the Chief Executive in Council that the company is unable to maintain the tramway as an important tourism and recreational facility.(2) Before exercising the power under subsection (1)(a), the Chief Executive in Council must consider—(a) the extent to which the default was or is caused by circumstances beyond the control of the company;(b) any representation made under section 8D(1); and(c) any other relevant matters.(3) Before exercising the power under subsection (1)(b), the Chief Executive in Council must consider all relevant matters.(Added 16 of 2015 s. 13) 9. (Repealed 16 of 2015 s. 14) 10. (Repealed 16 of 2015 s. 14) 11. (Repealed 16 of 2015 s. 14) 11A. Application of sections 11B and 11C Sections 11B and 11C apply if—(a) the operating right is to expire or is to be terminated under this Ordinance; and(b) the operating right is not to be granted for a further period to the company.(Added 16 of 2015 s. 15) 11B. Mandatory lease of essential premises (1) The Chief Executive in Council may order the person (lessor) who owns any essential premises to lease the premises to a party (lessee) designated by the Chief Executive in Council.(2) The power under subsection (1) must not be exercised unless the Chief Executive in Council is satisfied that there is a substantial risk that the operation of the tramway will be disrupted if the power is not exercised.(3) An order made under subsection (1) may contain directions that are reasonably required for ensuring compliance with subsection (11).(4) Subject to this Ordinance, the terms of the lease are to be agreed between the lessor and the lessee.(5) The period of the lease—(a) is to be determined by the Chief Executive in Council; and(b) may begin, whether or not any term of the lease has yet to be agreed on.(6) If an order is made under subsection (1), the lessee may, on the commencement of the lease, take possession of the essential premises for the purposes of operating the tramway in accordance with—(a) this Ordinance; and(b) the terms of the operating right granted to the lessee under section 2B(1) or (5).(7) Subsection (6) applies whether or not any term of the lease has yet to be agreed on.(8) An order made under subsection (1) may, on an application by the Secretary to the Court of First Instance, be enforced by an order of the Court as if it were a judgment or order of the Court.(9) The lease confers on the lessee a right to—(a) use the essential premises for the undertaking; and(b) maintain the premises in a condition that is appropriate for use for the undertaking.(10) The lessee must pay rent to the lessor for the essential premises of an amount equal to the open market rent—(a) that the lessor may reasonably expect to receive under a lease of the premises; and(b) that is to be determined in accordance with the terms of the lease.(11) The lessor must ensure that when the lessee takes possession of the essential premises, the premises are in a condition that is suitable for operating the tramway in accordance with—(a) this Ordinance; and(b) the terms referred to in section 2B(1)(a) or (5)(a) that apply immediately before the lease commences.(12) In this section—essential premises (必要處所) means any land, structure or building that is considered by the Chief Executive in Council to be essential to operating the tramway.(Added 16 of 2015 s. 15) 11C. Mandatory sale of essential equipment (1) The Chief Executive in Council may order the person (vendor) who owns an essential equipment to sell the equipment to a party (purchaser) designated by the Chief Executive in Council.(2) The power under subsection (1) must not be exercised unless the Chief Executive in Council is satisfied that there is a substantial risk that the operation of the tramway will be disrupted if the power is not exercised.(3) An order made under subsection (1) may contain directions that are reasonably required for ensuring compliance with subsection (9).(4) Subject to this Ordinance, the terms of the sale are to be agreed between the vendor and the purchaser.(5) If an order is made under subsection (1), the purchaser may, on the expiry or termination of the period of the operating right during which the order is made, take possession of the essential equipment for the purposes of operating the tramway in accordance with—(a) this Ordinance; and(b) the terms of the operating right granted to the purchaser under section 2B(1) or (5).(6) Subsection (5) applies whether or not any term of the sale has yet to be agreed on.(7) An order made under subsection (1) may, on an application by the Secretary to the Court of First Instance, be enforced by an order of the Court as if it were a judgment or order of the Court.(8) The purchaser must pay a sum to the vendor for the essential equipment of an amount equal to the prevailing real value of the equipment to be assessed as at—(a) the date on which the ownership of the equipment is transferred from the vendor to the purchaser; or(b) the date on which the purchaser takes possession of the equipment,whichever is earlier.(9) The vendor must ensure that when the purchaser takes possession of the essential equipment, the equipment is in a condition that is suitable for operating the tramway in accordance with—(a) this Ordinance; and(b) the terms referred to in section 2B(1)(a) or (5)(a) that apply when the order is made.(10) In this section—essential equipment (必要設備) means any tramcar, motive power, works, plant, machinery, apparatus or article that is considered by the Chief Executive in Council to be essential to operating the tramway.(Added 16 of 2015 s. 15) 11D. Resolution of disagreement over terms of lease or sale (1) This section applies if— (a) the lessor and the lessee under a lease effected because of an order under section 11B(1) fail to agree on the rent payable under section 11B(10) or any other term of the lease; or(b) the vendor and the purchaser under a sale effected because of an order under section 11C(1) fail to agree on the sum payable under section 11C(8) or any other term of the sale.(2) The matter that is not agreed on must be determined—(a) if the lessor and the lessee agree, or the vendor and the purchaser agree, to resolve the matter by arbitration—by arbitration under the Arbitration Ordinance (Cap. 609); or(b) if there is no agreement for resolving the matter by arbitration—by the Lands Tribunal.(3) For an arbitration under subsection (2)(a)—(a) the lessor and the lessee, or the vendor and the purchaser, are regarded as having made an arbitration agreement within the meaning of the Arbitration Ordinance (Cap. 609); and(b) the terms of the agreement are regarded as including a provision that the matter is to be determined by a single arbitrator or such number of arbitrators as the lessor and the lessee, or the vendor and the purchaser, may agree.(Added 16 of 2015 s. 15) 12. Motive power, etc. The tramcars, motive power, machinery, and apparatus of any kind whatsoever, used on or for the tramway shall be subject to the approval of the Secretary, and no tramcar, motive power, machinery, or apparatus, which has been disapproved by the Secretary shall be used on or for the tramway.(Replaced 10 of 1926 s. 3. Amended 20 of 1948 s. 4; 26 of 1989 ss. 7, 9 & 10; L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 16) 13. Construction of tramcars Every tramcar used on the tramway shall be so constructed as to provide for the safety of passengers and for their safe entrance to and exit from, and accommodation in such tramcar, and their protection from the machinery used for drawing or propelling such tramcar.(Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 9) 14. Design and construction The design and construction of the tramway shall be in accordance with any Code of Practice issued from time to time under section 14A and shall have regard to the safety of all persons using, operating or being in the vicinity of the tramway.(Replaced 26 of 1989 s. 4) 14A. Code of Practice in relation to design The Director of Electrical and Mechanical Services may issue from time to time a Code of Practice dealing with the design and construction of the tramway and notify the issue thereof in the Gazette.(Added 26 of 1989 s. 4) 14B. Appointment of inspectors (1) The Secretary may in writing appoint any person to be an inspector for the purposes of this section and section 14C. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 17)(2) An inspector who is not a public officer may be paid, as a fee for his services, such amount as the Financial Secretary thinks fit.(3) The powers conferred by section 14C or by regulations made under section 15 shall be exercised by an inspector only—(a) for the purpose of testing and examining the tramway following the carrying out of work thereon; or(b) for the purpose of ensuring the safety of the tramway or any part thereof; or(c) where an inspector is directed to investigate an accident on any part of the tramway under such regulations, for the purpose of carrying out such investigation.(4) Where an inspector exercises any power under this Ordinance, he shall produce evidence of his identity, and of his appointment, to any person who requests him to do so.(5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers under this Ordinance.(Added 26 of 1989 s. 4) 14C. General powers of inspectors (1) An inspector may at all reasonable times—(a) 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 thereon, such tests and inspections as he considers necessary in the exercise of his powers under section 14B(3);(c) require any person to whom this subsection applies—(i) to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection carried out under section 14B(3) or paragraph (b) of this subsection;(ii) to provide the inspector with such information relating to the tramway or any machinery, plant or equipment connected with the tramway as the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose;(d) make copies of any document produced to him pursuant to paragraph (c)(ii).(2) Subsection (1) applies to—(a) the tramway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the tramway; and(b) any employee of the company, any contractor or subcontractor mentioned in paragraph (a) and any employee of such a contractor or subcontractor.(3) Any person who—(a) without lawful excuse, fails to comply with a requirement made under subsection (1)(c);(b) furnishes to an inspector acting under subsection (1)(c) information that is false or misleading in a material particular;(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.(4) Where a person is charged with contravening any of the provisions of subsection (3), it shall not be a defence to the charge that compliance with a requirement under subsection (1)(c) would tend to expose that person to any other proceedings for a criminal offence; but nothing done in compliance with a requirement under subsection (1)(c) shall be admissible in evidence in such other proceedings.(Added 26 of 1989 s. 4. Amended E.R. 2 of 2014) 14D. Secretary may order that defects be remedied (Amended L.N. 130 of 2007; 16 of 2015 s. 18)(1) Where in the opinion of the Secretary— (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 18)(a) the condition of any part of the tramway or of any machinery, plant or equipment of such part;(b) the manner in which the tramway or any part thereof is being operated,is such as to cause, or to be likely to cause, a risk of injury to any person, the Secretary may direct the company to carry out such work, or to take such steps, as he may specify in the order to ensure that the condition of the tramway, or of the part or the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 18)(2) A direction under subsection (1) shall be in writing and may specify the date before which the company shall commence to carry out the specified work or take the specified steps and the date by which the same shall be completed.(3) If the company fails without reasonable excuse to comply with a direction under this section the company commits an offence and is liable to a fine at level 6 and to a further fine of $10,000 for each day during which the failure to comply with the direction has continued.(4) A copy of a document which purports to be a direction signed by the Secretary for the purposes of subsection (1)— (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 18)(a) shall be admitted in evidence in proceedings for an offence under subsection (3) on its production without further proof; and(b) shall be sufficient evidence of the opinion of the Secretary. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 18)(Added 26 of 1989 s. 4. Amended E.R. 2 of 2014) 14E. Closure of tramway for safety reasons (1) The company shall close or partially close the tramway to the use of the public, if so required by notice in writing by the Secretary whenever the Secretary is not satisfied that the tramway is in safe working order, and is of opinion that any further operation of the tramway would be, or would likely to be, dangerous.(2) If the Secretary is not satisfied that the tramway is in safe working order, and is of opinion that no immediate danger will arise from further operation of the tramway, he may, by notice in writing, require the company to put the tramway in safe working order to his satisfaction within a period specified in such notice.(3) Upon expiration of the period specified under subsection (2), if the tramway has not been put in safe working order to his satisfaction, the Secretary may, by notice in writing, direct the company to close or partially close the tramway to the use of the public.(4) Whenever the tramway is directed to be closed or partially closed under this section the tramway or such part thereof thereby affected shall not thereafter be operated for the use of the public without the written consent of the Secretary.(Added 26 of 1989 s. 4. Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 19) 14F. Closure of tramway for repairs or alterations (1) The company may close or partially close the tramway to the use of the public whenever necessary to enable any repairs or alterations to be effected to the tramway.(2) The company shall forthwith notify the Secretary of any closure or partial closure under subsection (1). (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 20)(Added 26 of 1989 s. 4) 14G. Offence of interfering with tramway etc. (1) A person commits an offence if he wilfully—(a) interferes with, removes, or alters any part of the tramway or of the works connected therewith; or(b) places or throws any stones, dirt, wood, refuse, or other materials on any part of the tramway; or(c) does or causes to be done anything in such manner as to obstruct any person using the tramway; or(d) does or omits to do anything in relation to the tramway that endangers or is likely to endanger the safety of any person travelling or being upon the tramway.(2) Any person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 6 months.(Added 26 of 1989 s. 4. Amended E.R. 2 of 2014) 14H. Offence of negligence by employee (1) An employee of the company commits an offence if, in connection with his employment, he negligently does or omits to do anything in relation to the condition or operation of any part of the tramway that endangers or is likely to endanger the safety of any person travelling or being upon the tramway.(2) An employee who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 6 months.(3) For the purposes of subsection (1) negligence is the failure to exercise such care or skill as a reasonable employee in the situation would exercise.(Added 26 of 1989 s. 4. Amended E.R. 2 of 2014) 15. Regulations (1) The Chief Executive in Council may make regulations for all or any of the following matters— (Amended 62 of 1999 s. 3)(a) controlling and regulating the maintenance and operation of the tramway and providing for safe systems of operation;(b) providing for the approval by the Secretary of the carrying out of work on the tramway; (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 21)(c) regulating the carrying out of any work on the tramway;(d) providing for the inspection, examination and testing of the tramway and work being carried out thereon including—(i) the control by the Secretary, of the employment by the company of any person or class of person, in connection with the carrying out of work on the tramway or, the maintenance and operation of the tramway and the imposition of duties on the company and on any such person or class of person for the purpose of such control; (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 21)(ii) the keeping by the company of records and logs;(iii) the supply by the company, of information relating to the tramway;(iv) the display by the company, of notices relating to the tramway; and(v) the reporting of accidents and investigations thereof;(e) providing for the safety of persons using or being in the vicinity of, or employed in the operation and maintenance of, the tramway; and(f) providing for the better carrying into effect of this Ordinance.(2) Regulations made under this section may provide that a contravention of any specified provisions shall be an offence and may prescribe a penalty therefor not exceeding a fine at level 5 and imprisonment for 2 years, and in the case of a continuing offence, a further fine of $1,000 for each day on which the offence continues.(Replaced 26 of 1989 s. 5. Amended E.R. 2 of 2014) 15A. By-laws (1) The company may, with the approval of the Legislative Council, make by-laws—(a) regulating the conduct of persons travelling or being in or upon the tramway; and(b) for the prevention of annoyance to persons travelling or being in or upon the tramway.(2) The following provisions shall apply to by-laws made under subsection (1)—(a) any by-law so made may provide that a contravention of specified provisions thereof shall be an offence and may prescribe penalties therefor not exceeding a fine at level 2 and imprisonment for 6 months;(b) prosecutions for offences under any by-law so made may be brought in the name of the company;(c) the company shall cause to be printed copies of all by-laws so made which shall be kept at its principal office and be available for sale to any person at a reasonable cost.(Added 26 of 1989 s. 5. Amended E.R. 2 of 2014) 16. Power to sell undertaking (1) Subject to the approval of the Chief Executive in Council the company may sell or assign its undertaking, or any part thereof, to such person, by public auction or private contract, or partly by public auction and partly by private contract, and with, under, and subject to such terms and conditions in all respects, as the company may think fit, with power at any such sale to fix a reserve price for or buy in the same. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)(2) When any such sale or assignment has been made, all the rights, powers, authorities, obligations, and liabilities of the company in respect to the undertaking, or part thereof, sold or assigned, shall be transferred to, vested in, and may be exercised by, and shall attach to, the person to whom the same has been sold or assigned, in like manner as if the undertaking, or part thereof, sold or assigned, was constructed by such person under the powers conferred by this Ordinance, and in reference to the same he shall be deemed to be the company. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)(3) The company may, without the approval of the Chief Executive in Council, but subject to the provisions contained in any contract or instrument it has entered into or executed, at any time sell or assign any land, machinery, property, chattel or effect which in its opinion is not required for the efficient maintenance and working of its undertaking. (Added 27 of 1992 s. 6)(Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 62 of 1999 s. 3) 17. Power to let undertaking (1) Subject to the approval of the Chief Executive in Council, the company may demise its undertaking, or any part thereof, to such person and for such term, and on such conditions, in all respects as the company may think fit, to take effect either in possession or at some future date, and either with or without a premium as a consideration for such demise. (Amended 50 of 1911; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 27 of 1992 s. 7)(2) The company may, without the approval of the Chief Executive in Council, but subject to the provisions contained in any contract or instrument it has entered into or executed, at any time demise or let any land, machinery, property, chattel or effect which in its opinion is not required for the efficient maintenance and working of its undertaking. (Added 27 of 1992 s. 7)(Amended 62 of 1999 s. 3) 18. Power to mortgage undertaking It shall be lawful for the company to borrow money on mortgage of all or any part of its undertaking, and for that purpose to assign or demise by way of mortgage all or any portion of its lands, messuages, or tenements, erections, buildings, works, rolling stock, plant, machinery, chattels, and effects to any person, and to enter into all such covenants, provisos, declarations, and agreements, as the company may think fit.(Amended 50 of 1911; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4) 19. Right of user by Government The Chief Executive in Council may, by order, direct that precedence over the company and all other persons in the user of the tramway be taken for defensive or military purposes or for the passage of troops and war material, on giving to the company, on each occasion of such user, 3 clear days’ notice, and shall direct the payment to the company therefor of such fares as may be agreed on. If no agreement is come to, then the amount of such fares shall be determined upon petition to the court in a summary way.(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 57 of 1986 s. 6; 62 of 1999 s. 3) 20. (Repealed 26 of 1989 s. 11) 21. (Repealed 57 of 1986 s. 7) 21A. (Repealed 57 of 1986 s. 7) 22. Fares (1) Subject to subsection (2), the company may charge such fares for the use of the tramway as it may fix from time to time, which shall be paid to such persons, at such places, and in such manner as the company may, by notice annexed to the list of fares exhibited under subsection (3), appoint.(2) If any person applies for a monthly ticket for the use of the tramway, the company shall issue the monthly ticket and the charge for the monthly ticket shall not exceed 25 times the standard fare for a full distance single journey. (Replaced 26 of 1989 s. 6)(3) A list, printed in the English and Chinese languages, of all the fares to be charged and the monthly ticket charge shall be exhibited in a conspicuous place at the offices of the company and inside each tramcar used upon the tramway.(Replaced 57 of 1986 s. 8. Amended 26 of 1989 s. 9) 23. Limitation of obligation to carry passengers If the tramcars during any journey contain their authorized complement of passengers, the company shall not be bound to find accommodation for any other passenger, notwithstanding that he may have purchased a ticket entitling him to travel on the tramway.(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 10) 24. (Repealed 26 of 1989 s. 11) 25. (Repealed 26 of 1989 s. 11) 26. (Repealed 26 of 1989 s. 11) 27. (Repealed 26 of 1989 s. 11) 28. (Repealed 26 of 1989 s. 11) 29. (Repealed 26 of 1989 s. 11) 30. Service of summons, etc. Any summons, writ, or other proceeding required to be served on the company may be served by the same being left at, or sent by post directed to, the principal office of the company, or being given or sent by post directed to the secretary, or, in case there is no secretary, the solicitor of the company.(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4) 31. Form and delivery of notice With respect to notices, and to the delivery thereof by or to the company, the following provisions shall have effect—(a) every notice shall be in writing; and(b) a notice to be delivered by or to the company to or by any other company or person may be delivered by being left at the office of such other company or person, or at the then present or then last-known place of abode or residence of such person, or of his ostensible agent, or of other the agent who pays the rents, rates, and taxes payable in respect of the property of such person, or by being affixed on some conspicuous part of any lands affected or intended to be affected by such notice, or by being left at the office of the company, as the case may be, or by being sent by post in a registered letter addressed, as the case may be, to the clerk or secretary of such other company at its principal office, or to such person at his then present or then last-known place of abode or residence or at his office or business premises, or by being so sent by post addressed to the ostensible agent or agents of such person, or other the agent or agents aforesaid, or to the clerk or secretary of the company at its principal office.(Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4) 32. Tender of amends (1) If any party has committed any irregularity, trespass or other wrongful proceeding in the execution of this Ordinance or by virtue of any power or authority hereby given, and if, before action brought in respect thereof, such party makes tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action.(2) If no such tender has been made, it shall be lawful for the defendant, by leave of the court wherein such action is pending, at any time before answer filed, to pay into court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. (Amended 51 of 1911; 63 of 1911 Schedule)(Amended 8 of 1912 s. 25; 20 of 1948 s. 4) 33. Recovery of fares, etc. Any fare, or penalty imposed by this Ordinance, the recovery of which is not otherwise provided for, may be recovered before a magistrate.(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 57 of 1986 s. 10) 34. Responsibility of company for damage The company shall be answerable for all accidents, damages, and injuries happening through its act or default, or through the act or default of any person in its employment, by reason or in consequence of any of its works or tramcars, and shall save harmless all other companies or bodies, collectively and individually, their officers and servants, from all damages and cost in respect of such accidents, damages, and injuries.(Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 10) 35. (Repealed 57 of 1986 s. 11) 36. (Repealed 16 of 2015 s. 22)