Cap. 372 sub. leg. B

Kowloon-Canton Railway Corporation By-laws(Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (Cap. 372, section 31(1)) [15 March 1985](Format changes—E.R. 1 of 2023) Part I Preliminary (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 1. Citation (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) These by-laws may be cited as the Kowloon-Canton Railway Corporation By-laws. 2. Interpretation (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) In these by-laws, unless the context otherwise requires—authorized person (獲授權人) means any officer or employee of the Corporation acting in the execution of his or her duty upon or in connection with the railway or person authorized in writing by the Corporation to act for and on behalf of the Corporation in relation to any matter set out in the written authorization; (L.N. 4 of 1998)automatic gate (自動閘) means any passenger operated ticket barrier; (L.N. 4 of 1998)automatic processing device (自動處理裝置) means a processing device used by the Corporation for the automatic collection of fares; (L.N. 4 of 1998)Corporation (公司) means the Kowloon-Canton Railway Corporation established by section 3 of the Ordinance and includes, unless the context otherwise requires, servants or employees of the Corporation;fare (車費) means the fare payable by any passenger to whom or on whose behalf a ticket is issued by the Corporation;fare ticket (付費車票) means any ticket other than a smart card; (L.N. 4 of 1998)first class ticket (頭等車票) means a fare ticket bearing on it the number “1” and issued at the prevailing first class full single or return fare for the journey being made or to be made or a smart card which has had the authorization code for first class travel recorded on it by an automatic processing device immediately prior to the ticket holder entering the first class compartment; (L.N. 4 of 1998)goods (貨物) means any object, article or thing including livestock and any other animal which is accepted by the Corporation for carriage on the railway by a goods train in accordance with these by-laws;goods train (貨運列車) means a train used exclusively for the carriage of goods;invalid ticket (失效車票) means a ticket for which the period of validity has expired or which is invalid for travel in the carriage or compartment of the train in which the ticket holder is travelling or which the passenger is not entitled to use pursuant to the conditions of use contained or referred to in any other publications, notices, lists or tables relating to such ticket and in the case of a smart card includes, without limitation, a smart card which has not had an entry code recorded on it by an automatic processing device immediately prior to the ticket holder entering the paid area and, in the case of a passenger travelling in a first class compartment, a smart card which has not had the authorization code for first class travel encoded on it by an automatic processing device immediately prior to the ticket holder entering a first class compartment; (L.N. 4 of 1998)lift (升降機) means any lift or escalator upon the railway premises;luggage (行李) means any article or thing (excluding animals) which a passenger may keep with him on a train including the luggage compartment thereof in accordance with these by-laws;member of the staff (職員) includes any employee or servant of the Corporation;passenger (乘客) means a person to whom or on whose behalf a ticket is issued by or on behalf of the Corporation and who is lawfully within the paid area during the hours of business of the Corporation and who holds a valid ticket issued to him or on his behalf by or on behalf of the Corporation authorizing travel upon the railway or some part thereof;period return ticket (限期來回車票) means a ticket valid for any period stipulated on the ticket or in notices published by the Corporation;platform (月台) means a platform or place appointed for the use of passengers and situated at a station;railway (鐵路) means the railway as defined in the Ordinance or any part thereof and includes as the case may require railway line or track or permanent way or any extension thereto in accordance with the Ordinance;railway premises (鐵路處所) means the railway premises and any part thereof as defined in the Ordinance or as the case may require includes any other land or premises utilized for the purposes of the Corporation and without prejudice to the generality of the foregoing includes the paid area and restricted area as defined in these by-laws;season ticket (季票) means a season ticket issued under the provisions of and pursuant to Part II of these by-laws;smart card (聰明卡) means a card or chip issued by or on behalf of the Corporation for the purpose of communicating with automatic processing devices; (L.N. 4 of 1998; L.N. 214 of 2000)standard class ticket (普通等車票) means a fare ticket issued at the prevailing standard full single or return fare for the journey being made or to be made or a smart card which has had the appropriate entry code recorded on it by an automatic processing device immediately prior to the ticket holder entering the paid area but which has not had the authorization code for first class travel encoded on it by an automatic processing device; (L.N. 4 of 1998)station (車站) means any station of or occupied by the Corporation;stored value ticket (儲值車票) means a ticket issued under the provisions of and pursuant to Part II of these by-laws;surcharge (附加費) means a sum equivalent up to 50 times the maximum standard class single fare, as the same is in force from time to time; (L.N. 214 of 2000; E.R. 1 of 2023)the Ordinance (條例) means the Kowloon-Canton Railway Corporation Ordinance (Cap. 372); the paid area (已付車費區域) means that part of the railway or the railway premises or any part thereof as the case may require which— (a) is set aside for the use of fare paying passengers and authorized persons; (b) has a ticket barrier for the purposes of entry and exit; (L.N. 4 of 1998) ticket (車票) means any form of ticket, smart card, document or permit from time to time issued by or on behalf of the Corporation for the conveyance of any passenger, animal, luggage or article upon the railway and includes in particular but without limitation a season ticket, first class ticket, standard class ticket, period return ticket and stored value ticket authorizing the person in respect of whom it is issued to make a single journey or make that journey or a return journey on the railway; (L.N. 4 of 1998)ticket barrier (票閘) means any barrier gate or turnstile separating the paid area from the other areas of the railway premises; (L.N. 4 of 1998)ticket office (票務處) means an office whether operated for or on behalf of the Corporation by any person or by any of their respective servants or agents who are duly authorized to issue a ticket;timetable (時間表) means a publication, advertisement, notice, list or timetable issued by or on behalf of the Corporation;train (列車) means any train or conveyance or any carriage or compartment thereof or any other vehicle or means of conveyance owned by or in the lawful possession of the Corporation.(L.N. 4 of 1998; E.R. 1 of 2023) Part II Carriage of Passengers and Issue of All Passenger Tickets (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 3. Tickets (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) All tickets whether specifically referred to in these by-laws or not are issued subject to— (L.N. 4 of 1998)(a) these by-laws; and(b) any special conditions stated or referred to on such tickets or any special conditions otherwise contained or referred to in any other publications, notices, lists or tables relating to such tickets and such special conditions if inconsistent with these by-laws shall prevail.(2) The person to whom or on whose behalf such tickets are issued shall be deemed to have knowledge of and to have agreed to all these by-laws and any special conditions and the liability of the Corporation (if any) shall be limited but not extended thereby. 4. Fares (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Scales of fares appearing in publications, notices, lists or tables issued by or on behalf of the Corporation on the authority of the Corporation from time to time shall be deemed to be the authorized fares payable to the Corporation for a journey made or to be made upon the railway or any part thereof. 5. Refusal of access (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation or any authorized person may refuse access to any part of the railway or the railway premises including the paid area to any person holding a ticket whom it or they believe is likely to act in a riotous, disorderly or offensive manner. 6. Prohibition of entry and travel without ticket (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) No person shall without the authority of an authorized person enter or leave or attempt to enter or leave the paid area or shall otherwise travel or attempt to travel upon any part of the railway without first obtaining a ticket entitling the holder to enter the paid area and using that ticket (as appropriate) by either—(a) inserting it into an automatic gate on entering and leaving the paid area; or(b) in the case of a smart card, using it in the appropriate manner in conjunction with an automatic processing device to enable the person to pass through an automatic gate on entering and leaving the paid area; or(c) otherwise producing a ticket and thereafter delivering it up to an authorized person or a member of the staff. (L.N. 4 of 1998)(2) Every passenger shall leave the paid area of the railway within 90 minutes from entering the same or any other period as may be prescribed and published by the Corporation failing which the ticket shall be invalid notwithstanding any stored value remaining in such ticket. (L.N. 203 of 1994) 7. Persons travelling with inappropriate tickets (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) No person shall travel or attempt to travel upon any part of the railway—(a) without a ticket; or(b) having lost his ticket; or(c) with an invalid ticket; or(d) with a ticket improperly defaced, damaged, mutilated, torn, split or otherwise interfered with so that the printed or coded data thereon is wholly or partly erased or cannot be deciphered or, in the case of a smart card, with a smart card which is unable to communicate with an automatic processing device, or which is otherwise altered or interfered with; or(e) to a station for which the ticket is invalid; or(f) with a personalized ticket which has been issued to another person. (L.N. 4 of 1998)(1A) Any person who contravenes any provision of paragraph (1) shall be liable on demand to pay a surcharge to an authorized person. (L.N. 203 of 1994)(2) The provisions of this by-law shall apply equally to passengers occupying seats or standing including those in corridors or gangways. 8. Surcharge for children under 12 years (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) When a surcharge is payable in respect of any child aged under 12 years only a sum equivalent to one half of the surcharge by an adult passenger shall be liable to be paid. 9. Decision as to age of any child (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The decision as to the age of any child referred to in these by-laws shall be in the absolute discretion of any member of the staff or authorized person dealing with tickets or passengers and shall be final and binding for all purposes without liability of whatever nature for any loss or damage (including consequential and non-pecuniary loss) howsoever arising from such decision. 10. Passengers to travel in correct compartments of trains (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) A passenger must ensure that he joins the correct train on which he intends to travel and that he travels in the carriage or compartment for which his ticket is valid for travel and that he alights at the station to which the appropriate fare has been paid. 11. Period of validity of first/standard class tickets (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) A standard class single ticket or first class single ticket and a standard class return ticket or first class return ticket (save as otherwise provided in these by-laws) is valid for travel only on the day on which such ticket is issued or in the case of a smart card on the day on which the appropriate entry is encoded thereon.(L.N. 4 of 1998) 11A. Validity of monthly return tickets (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) A monthly return ticket is valid for travel on or between the dates shown and between the stations imprinted on the ticket but the outward journey must be made on the day of issue of the ticket.(L.N. 203 of 1994) 12. Period of validity governing other tickets (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The period of validity and the special conditions governing any ticket other than a standard class single or return ticket shall be those printed upon the ticket or when no period of validity or special conditions are printed upon the ticket such period of validity and special conditions as are set out in the publications, notices, lists or tables issued by or on behalf of the Corporation from time to time.(L.N. 4 of 1998) 13. Inspection and sale of tickets (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) All fare tickets are the property of the Corporation and must be produced at any time within the railway premises including the paid area or on any train on demand by a member of the staff or an authorized person. (L.N. 4 of 1998)(2) Unless otherwise specified in the conditions of issue of the ticket or permitted by a member of the staff or an authorized person, any ticket which has become invalid shall be delivered up to the Corporation whether or not any stored value remains in such ticket. (L.N. 203 of 1994)(3) A passenger who fails to produce his ticket for any reason shall be liable to pay a surcharge.(4) No person other than a person specifically authorized by or on behalf of the Corporation to do so shall sell, attempt to sell, offer for sale, or invite other persons to purchase any ticket issued by or on behalf of the Corporation.(5) A passenger holding or using a free or concessionary ticket on railway premises including the paid area or on any train shall produce on demand by a member of the staff or an authorized person sufficient evidence to prove his entitlement to hold and use the ticket. (L.N. 203 of 1994) 14. Refund of fares and issue of duplicate tickets (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) Any exchange of or refund on any ticket shall be at the absolute discretion of the Corporation and may be subject to the deduction of an administration charge prescribed and published by the Corporation from time to time and a maximum refund prescribed and published by the Corporation from time to time.(2) The form of any refund will be at the absolute discretion of the Corporation.(3) The Corporation shall not be obliged to issue a duplicate ticket in replacement of a lost, mislaid, unused or invalid ticket neither will it make refunds in respect of the value of any such ticket or the amount of a fare or a surcharge charged as a consequence of failure to produce a ticket when required. (L.N. 203 of 1994) 15. Insufficient accommodation on trains (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) The Corporation shall not be liable for any failure to carry a passenger on any particular train or in any particular class of a compartment or carriage thereof where there is insufficient accommodation of a class for which a ticket has been issued.(2) Where there is insufficient first class accommodation on any train for which a ticket has been issued a passenger holding a first class ticket may travel in standard class accommodation without the right to claim a refund of the appropriate difference in fare. (L.N. 4 of 1998) 16. Train services timetables and time (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) The train services specified by timetables issued by or on behalf of the Corporation are subject to alteration, suspension or withdrawal at any time without notice.(2) The timetables issued by the Corporation shall follow Hong Kong local time and refer to time by the 24 hour clock notation. 16A. Departure time for through train from Hong Kong to other destinations in Mainland China (Suspended L.N. 162 of 2007 s. 2) (31 of 2025 s. 105) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) Passengers travelling on the through train from Hong Kong to other destinations in Mainland China shall arrive at the station of departure at least 45 minutes before the scheduled departure time of the train.(2) The decision as to whether to admit any passenger, who arrives later than 45 minutes before the scheduled departure time of the through train from Hong Kong to other destinations in Mainland China shall be in the absolute discretion of an authorized person and the Corporation shall not be liable for any failure to carry a passenger on the train if a passenger arrives later than 45 minutes before the scheduled departure time of the train.(L.N. 203 of 1994; 31 of 2025 s. 105) 17. No obligation to adhere to timetables (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation does not warrant or guarantee that any train shall depart or arrive at the time or times specified in published timetables or that the issue of a ticket can or will be completed before the departure of any train and it will not be liable to any person or passenger or third party for any loss or damage (including consequential and non-pecuniary loss) howsoever arising from any delay or detention caused by the alteration, suspension or withdrawal of the Corporation’s train services for any reason whatsoever. 18. Suspension, discontinuance of train services (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) The Corporation may whenever it considers in its absolute discretion expedient without being liable for any loss, including consequential and non-pecuniary loss, or any other damage howsoever arising from any delay or detention occasioned thereby—(a) suspend or discontinue the issue of tickets whether issued from a ticket office or by way of an automatic vending machine or further or otherwise;(b) despatch any train from a station before the arrival of any other train shown in any timetable without affording the passengers an opportunity of alighting or boarding the train;(c) suspend, discontinue or otherwise withdraw all or any railway passenger or other service from any station on any day or suspend, discontinue or otherwise withdraw the running of any train or alter the times of departure or arrival of any such train.(2) Reasonable consideration will, however, be given in the absolute discretion of the Corporation to applications for refund in accordance with by-law 14 where a ticket is unused as a consequence of the circumstances described in this by-law or in the absolute discretion of the Corporation such ticket may be made available for exchange. 19. Closure of entrances including gates (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Unless otherwise determined by the Corporation in its absolute discretion the entrances including gates and automatic gates to each of the stations operated by the Corporation will normally be closed 5 minutes before the departure of the last passenger train of the day shown in the timetable as being due to depart from that particular station. 20. Cessation of the issue of tickets (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Without prejudice to any other provisions in this Part the Corporation may in its absolute discretion cease to issue tickets at such time before the departure time shown in the timetable of any train as in the opinion of the Corporation is necessary to secure the punctual departure of any train or for any other reason or circumstance without liability whatsoever for any loss or damage (including consequential and non-pecuniary loss) howsoever arising therefrom. 21. Closure of entrances or exits (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation may close any entrance to or exit from any station or platform or any other part of the railway premises at such time or times as it may in its absolute discretion consider expedient without liability whatsoever for any loss or damage (including consequential and non-pecuniary loss) howsoever arising therefrom. 22. Passengers to examine tickets and change (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) A passenger shall examine his ticket and any change tendered before leaving any ticket office.(2) The Corporation shall not be liable for any error, mistake, mis-statement or omission to which attention is not called by the passenger at the time of the booking, reservation or issue of any ticket.(3) No passenger shall be entitled to make a claim in respect of a ticket incorrectly issued or any change incorrectly tendered after he has left any ticket office of the Corporation.(4) The Corporation shall not be liable in any way whatsoever for any error, mistake or omission or for any other error, mistake, mis-statement or omission in any matter arising from the issue or failure or omission to issue any ticket on the part of the Corporation. 23. Appropriate fare for use in automatic vending machine (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) A passenger using an automatic ticket vending machine shall insert not less than the appropriate fare in legal tender for the purchase of a ticket and shall forthwith examine any ticket thus issued and no passenger shall be entitled to any refund of any amount in excess of the appropriate fare inserted into an automatic ticket vending machine. 24. Number of children allowed to travel free of charge (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) Except when otherwise specified in the appropriate publications, notices, lists or tables issued by or on behalf of the Corporation up to two children under 3 years of age may accompany each adult passenger free of charge provided that such child or children do not occupy a seat or seats that are required for other passengers.(2) Any child or children under 3 years of age exceeding two in number accompanying each adult passenger shall be liable to pay a fare equivalent to one half of the appropriate adult fare.(3) Any child or children over 3 years of age but under 12 years of age shall pay one half of the appropriate adult fare whether or not such child or children occupy a seat each. 25. Payment of any fare, excess charge, surcharge etc. (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) Save as provided under by-laws 6 and 25A, no passenger or person shall before leaving the paid area fail forthwith to pay any fare, excess charge, surcharge or any other sum leviable or payable under these by-laws. (L.N. 203 of 1994)(2) Any such sum so leviable or payable under these by-laws or howsoever otherwise payable whether by way of debt, damages, costs, loss or expense or otherwise as the case may be shall be recoverable by the Corporation or its lawful agents as the case may be as a debt due on demand and shall be recoverable and enforceable as a civil debt.(3) The Corporation shall be entitled at its own discretion to deduct the whole or part of any fare, excess charge, surcharge or other sum leviable or payable under these by-laws from any smart card held by any passenger liable in respect thereof. (L.N. 4 of 1998) 25A. Deferred payment of surcharge (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) When a person is liable to pay a surcharge or excess charge, payment shall be made immediately on demand by a member of the staff or an authorized person and such payment shall be made to a member of the staff or an authorized person demanding the surcharge.(2) When a person aged 16 years and over is unable in the opinion of a member of the staff or an authorized person to make immediate payment of a surcharge, the demand of the surcharge by the Corporation shall be made by way of service of a notice in writing.(3) Any person on whom a notice under paragraph (2) is served shall make payment of the surcharge not later than 14 days from the date of service of the notice.(4) When a person under the age of 16 years is unable in the opinion of a member of the staff or an authorized person to make immediate payment of the surcharge, the demand of the surcharge by the Corporation shall be made by way of service of a notice in writing upon his parent, legal guardian or next of kin and the person who receives the notice shall make payment of the surcharge not later than 14 days from the date of service of the notice.(5) The decision as to whether a person is unable to make immediate payment of a surcharge shall be in the absolute discretion of an official dealing with tickets or passengers and shall be final and binding for all purposes without liability of whatever nature of any loss and damage whatsoever and howsoever arising from any such decision.(6) For the purposes of paragraphs (2) and (4), the giving of authorization to enter or leave the paid area by the Corporation shall in no way be treated as a waiver of the Corporation’s entitlement to the surcharge.(L.N. 203 of 1994) 26. Loss or damage to articles or objects left on the railway premises (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation shall not be liable for loss or damage, including consequential and non-pecuniary loss, howsoever arising from any damage to, or delay of, or detention of, or loss of articles or objects left on the railway premises or any part thereof including trains belonging to the Corporation and all articles or objects so found therein shall as between the finder and the Corporation be deemed to be in the possession of the Corporation and shall be given immediately into the custody of any member of the staff or an authorized person. 27. Administration charge (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) An administration charge will be made in the absolute discretion of the Corporation upon the restoration of any lost article or object to the true owner dependent upon—(a) the type of article or object concerned; and(b) the period it is held by the Corporation before it is claimed. 28. No liability on restoration of articles to apparent owner (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation shall not be liable to the true owner for loss or damage, including consequential and non-pecuniary loss, howsoever arising from any damage to or misdelivery, delay, detention or loss of any article or object arising from the claim of or restoration to the apparent owner of such article or object. 29. Sale of unclaimed articles (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) All articles or objects found which have not been claimed by the true owner within one month after being so found will be deemed to have been abandoned by the true owner and may be sold or otherwise disposed of by or on behalf of the Corporation in any manner and at any price as the Corporation in its absolute discretion may determine and the proceeds of any such sale or disposal shall be retained by the Corporation for its absolute use and benefit:Provided that any article or object which the Corporation considers to be of a perishable nature may be sold or disposed of at an earlier date.(2) In respect of any article or object found by a person not being a member of the staff or an authorized person the finder may, in the absolute discretion of the Corporation, receive the payment of an amount to be determined by the Corporation in its absolute discretion following the sale of such article or object. 30. Responsibility of passenger for injury, damage or loss (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) A passenger shall be responsible for any injury, damage or loss caused to the property of the Corporation or to any member of the staff or to any authorized person and further shall be responsible for any injury, damage or loss caused to any other person or the property of any other person or body by any article or animal brought on to the railway premises including trains of the Corporation and shall indemnify the Corporation from and against any liability to any other person for all or any injury, damage, loss, including consequential and non-pecuniary loss, cost or expense howsoever caused thereby:Provided that this by-law shall not apply in circumstances where the damage or loss to the property or persons referred to herein arises entirely from the neglect or default of any member of staff or authorized person. 31. Removal of persons or passengers from the railway premises (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Any passenger or person who offends against or is in any other manner in breach or contravention of these by-laws or any of them or who as the case may be howsoever fails or omits to comply with these by-laws when required to do so by any member of the staff or by an authorized person may be forthwith removed from the railway premises including any train belonging to the Corporation without prejudice to any penalty prescribed or referred to in these by-laws for the contravention of any such by-laws. Part III Carriage of Luggage (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 32. Conditions of acceptance of luggage (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation shall accept luggage for carriage on the railway subject to these by-laws and the conditions of carriage of luggage set out from time to time in notices published by the Corporation which if inconsistent with these by-laws shall prevail. 33. Soliciting for handling of luggage (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person other than a person licensed by the Corporation to do so shall solicit for engagement in or for the handling or moving or transport of any luggage or any item thereof for reward. Part IV Carriage of Goods (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 34. Conditions of acceptance of goods (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation shall accept goods for carriage on the railway by goods train subject to these by-laws and the conditions of carriage of goods set out from time to time in notices published by the Corporation which if inconsistent with these by-laws shall prevail. 35. Soliciting for handling of goods (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person other than a person licensed by the Corporation to do so shall solicit for engagement in or for the handling or moving or transport of any goods or item thereof for reward. Part V Motor Vehicles, Motorcycles, Bicycles and Similar Conveyances (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 36. Driving and parking of vehicles on railway premises (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Except as permitted by the Corporation no person shall drive or leave parked any motor vehicle, motorcycle, bicycle or similar conveyance upon or permit the same to wait upon the railway premises or any part thereof. 37. Illegal parking of vehicles on railway premises (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) If any vehicle or conveyance is found illegally parked or left on the railway premises or any part thereof unattended and the driver, owner or person in charge cannot be located, or the vehicle or conveyance is unable to be removed or if the driver or person in charge of the vehicle or conveyance refuses to remove the same on being requested to do so by any member of the staff or an authorized person, the vehicle or conveyance is liable to be forthwith impounded or removed by or on behalf of the Corporation. 38. Impounding and removal charges (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Any vehicle or conveyance so impounded or removed may be detained by or on behalf of the Corporation until payment has been made to the Corporation of such impounding charge or removal charge or storage charge, duty or impost as may be determined by the Corporation in its absolute discretion. 39. Notice of vehicle being detained (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) If a vehicle or conveyance so detained is not claimed and removed and all impounding, removal or storage charges or other charges are not paid within 3 days after its detention, the Corporation shall where practicable except in case of emergency serve on the registered owner (as defined in section 2 of the Road Traffic Ordinance (Cap. 374)) of the vehicle or conveyance a notice in writing served by pre-paid post to the registered owner’s last known address and copied to the Transport Department of the Government notifying the registered owner—(a) of the detention of the vehicle or conveyance and its place of detention; and(b) that unless it is removed from its place of detention and payment of any charge payable under by-law 38 is made within 14 days after the date of service of the notice upon the registered owner the vehicle or conveyance shall vest in and become the absolute and beneficial property of the Corporation free from all or any rights of the registered owner or any other person and may be disposed of by the Corporation by sale or otherwise as the Corporation shall in its absolute discretion determine. 40. Payment of proceeds from sale of vehicles (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) If within a period of 6 months after the date upon which a vehicle or conveyance is sold or otherwise disposed of pursuant to this Part any person satisfies the Corporation upon the production of such documentary or other evidence of ownership as the Corporation shall in its absolute discretion consider satisfactory or otherwise sufficient that at the time the vehicle or conveyance became the property of the Corporation by virtue of this Part the person was the true beneficial owner of it the Corporation shall pay to such person the balance of the proceeds of sale or disposal (without interest thereon) after deduction of—(a) any charges or other sums payable under by-law 38; and(b) any other charges incurred by the Corporation in respect of the sale or disposal of the vehicle or conveyance: Provided that— (i) before any such payment is made by the Corporation the payee shall execute an indemnity in favour of the Corporation in such form as the Corporation may in its absolute discretion determine; and (ii) payment by the Corporation as referred to herein shall relieve the Corporation of all or any claims of any description in respect thereof. Part VI Authority of the Corporation Staff (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 41. Powers of the Corporation’s staff and authorized persons(Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No member of the staff or any authorized person shall have any actual or apparent authority to waive, amend or otherwise alter any of these by-laws or conditions made hereunder or the by-laws or conditions of any other person or body, or to extend or vary all or any liability which may devolve on the Corporation under these by-laws or further or otherwise. Part VII Conduct of Persons on the Railway Premises (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 42. Definition (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) In this Part, person (人) includes passenger.(E.R. 1 of 2023) 43. Compliance with notices, indicators etc. (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N.

162 and 200 of 2007.) No person whilst on the railway premises including the paid area or any part thereof and including any train compartment or carriage shall without reasonable excuse fail to comply with all or any publications, lists, notices, indicators, announcements or any other directions whatsoever intended for the compliance of any person or any instructions of any member of the staff or authorized person.(L.N. 203 of 1994) 44. Entering of trains and lifts (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall enter or attempt to enter any train or lift through any door thereof until all persons who are leaving or are on the way to leave such train or lift through such door shall have passed out of such door. 45. Obeying directions as to occupation of trains and lifts (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) When a member of the staff or authorized person determines (in his absolute discretion) that a train or lift contains the full number of persons which it is constructed to carry no additional person shall enter or remain therein if directed by any member of the staff or any authorized person not to do so. 46. Duty to travel on proper part of train (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person (except a duly authorized member of the staff or an authorized person) shall enter or mount or attempt to enter or mount on any train except on such parts as are provided for the carriage of passengers. 47. Improper use of railway appliances and equipment (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person except a member of the staff or an authorized person shall—(a) operate, move, or work any mechanical or electrical appliance upon the railway premises or operate, move or work any switch, lever or other device operating or controlling any mechanical or electrical appliance upon the railway premises (except in relation to the proper use of any automatic gate) or tamper with or wilfully impede or interfere with the operation of any mechanical or electrical appliance:Provided that in cases of accident or other emergency, a person may operate, move, or work any switch, lever or other device or mechanical or electrical appliance upon or near which is displayed a notice that it is intended to be operated in cases of accident or other emergency;(b) open or attempt to open any gate or door of any lift-shaft or any lift or escalator or moving platform or other mechanical or electrical appliance (except in relation to the proper use of any automatic gate) or unfasten or tamper with or wilfully impede or interfere with the operation of any fastening or fitting in or upon any such gate or door;(c) enter or leave or attempt to enter or leave any lift (not being an escalator or moving platform) whilst it is in motion or otherwise than at the side appointed for persons to enter or leave the same;(d) ascend or descend, or attempt to ascend or descend, by means of any escalator except by standing on the stairway thereof provided for ascending or descending persons as the case may be;(e) travel, or attempt to travel, upon any escalator or moving platform in a direction other than the direction in which the same is moving, or sit upon any moving platform or any handrail or any part thereof;(f) open or attempt to open, any gate leading to or from a platform at a station upon the railway premises without authority to do so. 48. Opening of doors of train, use of automatic doors, compliance with directions (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person, except a member of the staff or an authorized person shall—(a) open the door, or stand or attempt to stand on the step, platform or foot-board of any train whilst it is in motion or (except in case of accident or other emergency) between stations;(b) enter or leave or attempt to enter or leave any such train whilst it is in motion or (except in case of accident or other emergency) between stations or otherwise than at the side of the train adjoining the platform appointed for passengers to enter or leave the train;(c) in the case of any train equipped with automatic closing doors attempt to enter or leave the train after the doors have commenced to close;(d) when directed by a member of the staff or an authorized person or where notices are exhibited in a train indicating that a door shall be used for entrance thereto and another door for exit therefrom (except in case of accident or other emergency) enter or attempt to enter by the door indicated for exit or leave or attempt to leave by the door indicated for entry. 49. (Repealed L.N. 203 of 1994) 50. Passengers in unfit or improper condition (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person in a state of intoxication or who is in an unfit or improper condition shall enter or remain upon the railway premises or any part thereof.(L.N. 203 of 1994) 51. Offensive language, graffiti and vandalism, interference with other persons (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) No person shall at any time while upon the railway premises—(a) use any threatening, abusive, obscene or offensive language, or behave in a riotous, disorderly, indecent or offensive manner; or(b) paint, write, draw or affix any word, representation or character upon, or wilfully soil or defile, the railway premises or break, cut, scratch, tear, deface, or otherwise damage any part of the railway premises including any lift or train or any of the fittings, furniture, decorations, or equipment thereof, or any publication, notice, list, timetable, advertisement, number plate, number, figure or letter therein or thereupon, or remove therefrom or detach any such article or object; or(c) damage any property upon the railway premises; or(d) molest or wilfully interfere with the comfort or convenience of any person; or (L.N. 203 of 1994)(e) place his feet on any seat or on any of the decorations, equipment, fittings or fixtures other than the floor of the trains or in the railway premises. (L.N. 203 of 1994)(2) Any person offending against this by-law shall be liable to the Corporation for the amount of the damage done to any property of the Corporation or of any other person without prejudice to any penalty incurred by the contravention of this by-law. 52. Animals and articles creating a nuisance and removal thereof (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) No person shall take or cause to be taken on to, or cause or allow to remain upon the railway premises unless authorized by a member of the staff or an authorized person to do so—(a) any animal;(b) any article or object which by reason of its nature is, in the opinion of any member of the staff or authorized person, likely to cause or in fact does cause annoyance or damage to any person or damage to any property.(2) If any person in charge of such animal, article or object fails when requested by a member of the staff or an authorized person immediately to remove the same from the railway premises then the same may be removed therefrom by or under the direction of such a member of the staff or an authorized person without prejudice to any penalty incurred by the contravention of this by-law. 53. Carriage of goods of a dangerous nature (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) No person shall take or cause to be taken upon or place or cause to be placed upon the railway premises including any train or, while upon the same, have in his possession or charge, as the case may be, any dangerous goods as defined by section 2 of the Dangerous Goods Ordinance (Cap. 295), or any goods which may be declared dangerous or offensive by regulations made under section 30 of the Ordinance or by-laws made under section 31 of the Ordinance.(2) If any person offending against this by-law fails to remove from the railway premises, immediately upon request by a member of the staff or authorized person, any article or object to which this by-law relates the same may be removed therefrom by or under the direction of a member of the staff or authorized person without prejudice to any penalty incurred by the contravention of this by-law.(3) The Corporation shall not be liable to the owner of the goods removed pursuant to this by-law for loss or damage, including consequential and non-pecuniary loss howsoever arising from the removal or handling of the goods by the Corporation. (L.N. 203 of 1994) 54. Smoking upon railway premises (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) No person shall smoke or carry a lighted pipe, cigar or cigarette in the paid area, or elsewhere upon the railway premises where smoking is expressly prohibited by a notice clearly exhibited upon or near such other part of the railway premises.(2) If requested by a member of the staff or authorized person not to do so a person shall not smoke or carry a lighted pipe, cigar or cigarette in or upon any part of the railway premises where smoking or carrying a lighted pipe, cigar or cigarette may in the opinion of a member of the staff or authorized person be or become a danger or nuisance to other persons.(L.N. 203 of 1994) 55. Singing, dancing and musical instruments (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person while upon the railway premises shall to the annoyance, inconvenience or disturbance of any other person, sing, dance or perform on any musical or other instrument or use any gramophone, record player, tape recorder or portable wireless, television or any electrical or mechanical apparatus. 56. Unauthorized display of material, hawking and touting (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person while upon the railway premises shall, except by permission of a member of the staff or an authorized person—(a) display or exhibit any printed, written or pictorial matter or any article for the purpose of advertisement or publicity, or distribute any book, leaflet or other printed matter or any sample or other article;(b) invite persons to purchase or offer for sale or sell any article or goods whatsoever; or(c) tout, ply for, or solicit alms, reward or custom or employment of any description. 57. Wagering and bookmaking (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall enter or remain upon or use the railway premises for the purpose of gaming, bookmaking, betting or wagering or agreeing to game, bet or wager or paying or receiving or settling bets with any other person. 58. Playing games for money or moneys worth (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall play for money or moneys worth at any game or pretended game of chance or skill upon the railway premises. 59. Loitering (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall loiter or otherwise remain upon the railway premises after having been requested by a member of the staff or authorized person to depart unless such person is lawfully entitled so to remain. 60. Throwing of missiles (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall throw or wilfully drop or cause to be thrown or dropped from, on or at any escalator or train or any conveyance on the railway or in the railway premises, any article, object, waste material or refuse of any kind whatsoever.(L.N. 203 of 1994) 61. Parking causing obstruction (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person, driver, conductor, or person in charge of any public service vehicle, motor vehicle, cab, carriage, wagon, bicycle or other conveyance in or upon the railway premises shall leave any such conveyance in or upon the railway premises—(a) in any manner or place so as to cause an obstruction or hindrance to the Corporation or to persons using the railway; or(b) otherwise than in accordance with any reasonable direction of a member of the staff or authorized person; or(c) where parking or waiting is prohibited. 62. Lawful business and parking of conveyances (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) No person shall leave or place any conveyance in or upon the railway premises (otherwise than in a car park or other place expressly authorized by the Corporation) for a period longer than necessary for such person to transact any lawful business upon the railway premises at or adjacent to the place at which such conveyance has been left or placed.(2) Any conveyance so left or placed in breach of this by-law may be removed by or under the direction of a member of the staff or authorized person, and the cost thereof shall be paid to the Corporation by the said person, driver, conductor or person in charge of the conveyance without prejudice to any penalty incurred by the contravention of this by-law. 63. Payment of parking fees (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person in charge of any public service vehicle, motor vehicle, cab, carriage, wagon, bicycle or other conveyance which is parked at a place on the railway premises for the use of which parking or other charges are levied by the Corporation shall remove or attempt to remove with intent to evade payment thereof such conveyance from such place without having previously paid the appropriate charge or charges:Provided that no person shall be subject to any penalty under this by-law unless it is proved to the satisfaction of the court or a magistrate before whom complaint is laid that a notice was clearly exhibited at that place specifying the charges payable for parking thereat. 64. Spitting and litter (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall—(a) spit upon the floor or in, upon or against any part of any lift or train or upon any platform or any other area at any station or in, upon or against any office, waiting room, public room, or public passage at any station or other part of the railway premises; or(b) place or throw any litter upon the railway premises except into receptacles expressly provided for that purpose; or (L.N. 203 of 1994)(c) place or throw any lighted cigarette end, match, tobacco, liquid, substance or any other thing upon the railway premises in a manner which constitutes or is likely to constitute a fire hazard; or (L.N. 203 of 1994)(d) consume any foodstuff or drink in the paid area or elsewhere upon the railway premises where eating and drinking are expressly prohibited by a notice clearly exhibited upon or near such part of the railway premises. (L.N. 203 of 1994) 65. Queues for services etc. (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation may establish queues on the railway premises for the purpose of regulating the access to services and facilities provided on or in the vicinity of the railway premises, and every person desirous of availing himself of any such service or facility shall, upon notice or request by any member of the staff or authorized person, take up position in the rear of one of such queues and move forward in an orderly and regular manner, and obey the reasonable instructions of any member of the staff or authorized person regulating such queues. 66. Use of money changing machines (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall by means of any machine provided by the Corporation upon the railway premises change or procure to be changed any coin or any currency note otherwise than for the purpose of obtaining immediately a ticket from the Corporation or from any member of the staff or authorized person at the station where such machine is provided. 67. Motor vehicles etc. in pedestrian areas (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person other than a member of the staff or authorized person or except as authorized by a member of the staff or authorized person shall ride a motor vehicle, motorcycle, bicycle or other similar machine or conveyance or bring any handcart, barrow, trolley or similar conveyance on any part of the railway premises which is made or set apart for the use or accommodation of pedestrians only:Provided that no person shall be subject to any penalty under this by-law unless it is proved to the satisfaction of the court or a magistrate before whom the complaint is laid that at the time at which any offence under this by-law is alleged to have been committed a public notice was clearly exhibited at the pedestrian area in respect of which the complaint is made showing that such area has been set apart for the use or accommodation of pedestrians only. 68. Compliance with road traffic signs (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The driver of any public service vehicle, motor vehicle, cab, carriage, wagon, bicycle or other similar conveyance which is on the railway premises or any part thereof shall obey all directions of any member of the staff or authorized person and shall comply with any notices, indicators, signs or signals exhibited as to the regulation of such vehicles. 69. Dangerous driving and speeding (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall drive or otherwise conduct any vehicle or conveyance or ride any vehicle or conveyance on the railway premises in a manner dangerous or likely to be dangerous to others or (as may be appropriate) in excess of a speed indicated by any notice, indicator, sign or signal or by a member of the staff or authorized person. Part VIII Trespass and Damage to Railway Premises (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 70. Authorized crossing places and conditions of crossing (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation may by notice stipulate periods or times at which a crossing place for animals, persons, motor vehicles, motorcycles, bicycles or other conveyances may be used over the railway premises or any part thereof and the conditions upon which such crossing place may be used. 71. Unauthorized abstraction of water and pollution etc. (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall take or use or permit or cause to be taken or used or otherwise abstract, bathe in or pollute the water or contents of any reservoir, tank, duct or water or other container belonging to the Corporation or otherwise forming part of or being upon the railway premises or any part thereof. 72. Offensive matters, waste products, unauthorized structures (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall cause, permit or suffer— (E.R. 1 of 2023)(a) any sewage, drainage, night soil, sullage, or other offensive matter to flow or to be emptied or otherwise come onto or be upon the railway premises or any part thereof;(b) any waste products, waste material or food or refuse of any kind to be deposited on or otherwise come upon the railway premises;(c) any kind of building or structure to be constructed or erected upon or remain upon the railway premises without the written authority of the Corporation;(d) any kind of construction materials, construction plant or equipment to be deposited on or otherwise come upon and remain upon or pass across the railway premises except with the written authority of the Corporation;(e) any kite, balloon, model or other thing to fly or otherwise pass over any part of the airspace above the railway premises or any part thereof. 73. Powers of Corporation to abate trespass (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation may in its absolute discretion take any action it considers necessary to prevent any person acting in breach of by-law 72 including the removal by the Corporation or under the direction of the Corporation of any unauthorized building or structure erected by any person without liability to any such person for compensation in respect thereof; and the Corporation’s power of removal of unauthorized buildings or structures (whether by the Corporation or under the direction of the Corporation) may be exercised by the Corporation in respect of any unauthorized buildings or structures constructed or erected upon the railway premises prior to the coming into operation of this by-law. 74. Opening of gates, boundary fences (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall open, cause or attempt to open or otherwise tamper with, any gate, door, chain, wall, fence, barrier or other erection which has been constructed or otherwise set up on either side of or upon the boundaries or limits of the railway premises or any part thereof. 75. Compliance with regulations or notices (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall pass or attempt to bring, pass, drive or conduct any motor vehicle, bicycle, motorcycle or other similar conveyance or any handcart, barrow, trolley or similar conveyance or any thing including animals across the railway premises or any part thereof at any time except in accordance with regulations made under section 30 of the Ordinance or by notice published by or on behalf of the Corporation under this by-law nor shall any such person omit to shut or refasten any gate, door, chain or barrier as soon as he and any conveyance animal or other thing has passed through the same. Part IX Restricted Areas (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 76. Definition (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) In this Part, unless the context otherwise requires—authorized employee (獲授權僱員) means an employee of the Corporation or other person authorized in writing by the Corporation for the purposes of any by-law in this Part;permit (許可證) means any permit issued under this Part; permit holder (許可證持有人) means— (a) in relation to a pool permit, the authorized employee to whom the permit is issued and includes any person using a pool permit by authority of such authorized employee; and (b) in relation to a standard permit, the person in whose name the permit is issued; pool permit (共用許可證) means a permit issued to an authorized employee under by-law 81;restricted area (限制區) means an area declared under by-law 77 to be a restricted area;standard permit (標準許可證) means a permit issued to a person other than an authorized employee under by-law 81. 77. Gazette notice relating to restricted areas (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) The Corporation may, by notice published in the Gazette, declare any area within the railway premises including the paid area to be a restricted area.(2) A declaration under paragraph (1) may declare any area to be restricted either absolutely or on specified days or during specified hours in any day. 78. Demarcation of restricted areas (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation shall cause the boundaries of or entrances to every restricted area to be demarcated by signs or in such other manner as will reasonably indicate the restricted area to members of the public who might enter that area. 79. Plan showing restricted areas (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) The Chief Executive Officer may prepare and certify a plan delineating the area and boundaries of any restricted area and shall from time to time prepare and certify a new plan in substitution therefor and may from time to time endorse on such plan or substituted plan any amendment thereto and shall certify such endorsement.(2) The Chief Executive Officer shall certify any plan or amendments thereto under paragraph (1) by endorsing the certificate on the plan.(3) Every plan certified under this by-law shall be kept in the head office of the Corporation and a copy shall be available for public inspection at the Station Manager’s office at the Hung Hom Station. (L.N. 214 of 2000)(90 of 1990 s. 7; 31 of 2001 s. 8) 80. Prohibition of persons without permit in restricted areas (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Subject to the provisions of this Part no person shall enter or remain in a restricted area unless he has on his person a valid permit issued to him in respect of that area. 81. Conditions of issue of type of permits (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Subject to by-law 82 the Corporation may issue—(a) a pool permit to any authorized employee free of charge; and(b) a standard permit to any other person on an application being made therefor in accordance with conditions specified from time to time by the Corporation and on payment of the prescribed fee set out in the First Schedule,and the pool permit or standard permit, whichever is appropriate, shall be in such form and be issued subject to such conditions as may be specified by the Corporation from time to time. 82. Power to refuse issue of permits (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation may refuse to issue a permit if it appears to it that the person requiring the permit or for whom it is required—(a) is, for any reason related to or connected with the security of the railway, not a fit person to have access to a restricted area; or(b) has no valid or sufficient reason for having access to a restricted area. 83. Cancellation of permits (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation—(a) shall cancel a permit if it appears to it that the permit holder—(i) is, for any reason related to or connected with the security of the railway, not a fit person to have access to a restricted area; or(ii) has no valid or sufficient reason for having access to a restricted area; and(b) may cancel a permit—(i) on the ground that any condition subject to which it was issued has been contravened; or(ii) on the ground that the permit holder or his employer has contravened any of these by-laws; or(iii) in any case where it is satisfied that the permit has been lost, destroyed or defaced. 84. Notification of cancellation of permits (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) When a permit is cancelled under by-law 83 the Corporation shall notify the permit holder and, if the Corporation thinks fit, the employer (if any) of the permit holder accordingly. 85. Surrender of permit by employee (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) A permit holder, upon receipt of a notice under by-law 84 shall, save where the notice relates to a permit which has been lost or destroyed, forthwith surrender his permit to—(a) the Corporation; or(b) an authorized employee specified in the notice for the purpose; or(c) the employer of the permit holder if specified in the notice for the purpose. 86. Surrender of permit by employer (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) An employer to whom a permit has been surrendered by virtue of a notice under by-law 84 shall forthwith surrender that permit to the Corporation or an authorized employee specified in the notice. 87. Notification by employer (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The employer of a permit holder shall, if the nature of the employment of the permit holder no longer requires that he has access to any restricted area specified in his permit, or if the permit holder ceases to be employed by him, without delay—(a) inform the Corporation accordingly;(b) take possession of the permit from the permit holder; and(c) surrender the permit to the Corporation. 88. Cessation of employment of permit holder (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) A permit holder who ceases to be employed by the person who was his employer at the date of the issue of the permit shall, immediately upon the cessation of his employment, surrender his permit to that person. 89. Exempted persons (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Subject to by-law 90, the provisions of by-law 80 shall not apply to—(a) any bona fide train crew member or bona fide train passenger who is in the course of passage through any immigration control or train boarding area or in an area set aside for the purposes of the Customs and Excise Service of the Government, which is within a restricted area—(i) having disembarked from a train; or(ii) for the purpose of embarking upon a train of which he is a train crew member or train passenger;(b) any bona fide train passenger awaiting an outward train journey in any area reserved for passengers which is within a restricted area. 90. Conditions for exemption (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall be exempt from the provisions of by-law 80 by virtue of by-law 89 unless—(a) being a train crew member, he is in possession of a valid railway personnel pass issued pursuant to an agreement between the Corporation and the Guangzhou Railway Administration;(b) being a departing passenger, he is in possession of a valid travel document and a valid ticket;(c) being an arriving passenger, he is in possession of a valid travel document and the train from which he has disembarked or upon which he is embarking or awaiting, is a through train travelling from or to other places in the People’s Republic of China. (62 of 1999 s. 3) 91. Lost permits (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) If a permit has been lost the permit holder shall, without delay, report the loss and the circumstances thereof to—(a) his employer (if any) or, where the permit holder has no employer or is himself an employer, to the Corporation or an authorized employee; and(b) the officer in charge of the police station nearest the place where the permit holder ordinarily resides. 92. Employer to report lost permits (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Where a report has been received by an employer as to the loss of a permit and the circumstances thereof he shall, without delay, report such loss and the circumstances thereof to the Corporation. 93. Persons finding permits (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Any person who finds a permit shall, without unreasonable delay, deliver it to the Corporation or any authorized employee or to the officer in charge of any police station. 94. Replacement permits (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Where a permit has been lost, destroyed or defaced, application may be made to the Corporation by the person to whom the permit had been issued or the employer of that person for the issue of a replacement permit and the Corporation upon being satisfied as to such loss, destruction or defacement, may, upon payment of the prescribed fee set out in the First Schedule in the case of an applicant who is not an authorized employee, issue to the permit holder a replacement permit in substitution for the permit which has been lost, destroyed or defaced. 95. Authorized employee’s power to arrest (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) An authorized employee, not being a police officer, may, if he has reasonable grounds for believing that any person has contravened by-law 80, without warrant, arrest that person and forthwith take him to a police station there to be dealt with in accordance with the Police Force Ordinance (Cap. 232). 96. Exemption for Government officers (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) By-law 80 shall not apply to a police officer, an immigration officer or immigration assistant, an officer of the Fire Services Department, a member of the Chinese People’s Liberation Army, a member of the Customs and Excise Service within the meaning of the Customs and Excise Service Ordinance (Cap. 342), the Commissioner, the Deputy Commissioner or an officer of the Independent Commission Against Corruption who requires access to the railway premises or any part thereof for the performance of his duty in circumstances of such urgency that the performance of his duty might be frustrated or seriously impaired if such by-law was to apply to him.(2 of 2012 s. 3) 97. Power to exempt other classes of person (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation may, by notice in writing and subject to such conditions as it may impose, exempt any person or class of person from all or any of the requirements for entry into a restricted area. 98. Fees (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The fees prescribed under these by-laws are set out in the First Schedule. Part X General (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 99. Special and general lien (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) Without prejudice to the generality of any of these by-laws the Corporation shall have a special lien on all motor vehicles, motorcycles, bicycles or any similar conveyance or on luggage, goods or articles howsoever brought by any person upon the railway premises including any train of the Corporation and shall also have a general lien against the owner of any such motor vehicles, motorcycles, bicycles or similar conveyances or luggage, goods or articles for any sum of money howsoever due on any account from such person or owner to the Corporation.(2) If any lien is not satisfied within a reasonable time the Corporation may in its absolute discretion sell the motor vehicles, motorcycles, bicycles or similar conveyances or the luggage, goods and articles or any of them and apply the proceeds so arising in or towards the discharge of such lien; and the expenses of sale and the balance of any proceeds if unclaimed within a period of 4 weeks following the sale shall become the general revenue of the Corporation free from any claims in relation thereto. Part XI Limitation of Liability (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 100. Corporation not liable in certain circumstances (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) In relation to these by-laws and without prejudice to the generality of all or any of them, the Corporation shall not be liable for any loss or damage, including consequential loss and non-pecuniary loss, or any other cost or expense caused by misdelivery, delay or detention of any luggage, goods or other articles arising from— (E.R.

1 of 2023)(a) an Act of God;(b) any consequence of war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction, or for damage to person or property by or under the order of any government or public or local authority, riots, civil commotion, strikes, lock-outs, stoppage or restraint of labour from whatever cause whether partial or general;(c) any seizure under legal process;(d) any act, omission, neglect or default of any passenger, person or third party whether acting alone or jointly with the Corporation;(e) any act, omission, neglect or default of any person, passenger or third party or any cause beyond the control of the Corporation or which the Corporation could not with reasonable foresight and care have been expected to foresee;(f) fraud or other criminal act;(g) any inherent liability to waste in bulk, latent defect or inherent defect, vice or natural deterioration, of luggage, goods or articles brought on to the railway premises or any part thereof;(h) insufficient or improper packing or insufficient or improper labelling or addressing of any luggage, goods or articles;(i) any failure of any passenger or person or the owner or consignee of any luggage, goods or articles in failing to take or accept delivery of any luggage, goods or articles within a reasonable time or doing so within a period of time in excess of the period or periods set out or otherwise referred to in these by-laws;(j) non-compliance with these by-laws or any of them;(k) any defect in any train, wagon, vehicle, conveyance, lift, escalator, moving platform, mechanical or electrical apparatus or property or other premises whether or not the same shall belong to or be provided by or on behalf of the Corporation;(l) loss from any luggage, package, goods or articles or from any packed or unpacked consignment of any luggage, package, goods or articles;(m) any act, occurrence, accident, emergency or event howsoever arising or occurring outside the territorial limits of Hong Kong;(n) any act, occurrence, accident, emergency or event howsoever arising or occurring upon any train, vehicle or conveyance or upon the property or premises of any other body or person or the undertaking of any other body or person whether the same shall arise or occur inside or outside the territorial limits of Hong Kong. 101. Payment of sums sufficient to indemnify Corporation (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Any passenger or person or the owner or consignee of any luggage, goods, articles or things howsoever mentioned or referred to in these by-laws shall pay to the Corporation the amount of all or any sum or sums required to indemnify the Corporation or any member of the staff or any authorized person from and against all or any claim made by or on behalf of any passenger or owner or consignee or other person including personal representatives of the same arising out of the carriage or custody by the Corporation or any authorized person of any luggage, goods, articles or things and any cost, loss, damage or expense incurred in connexion therewith and the Corporation shall hold any such sums paid in respect of any such claims against any cost, damage, loss or expense of any member of the staff or authorized person in trust for the member of the staff or authorized person concerned. 102. Limitations and exemptions (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) The Corporation in making these by-laws do so for themselves and for and on behalf of each and every one of its employees, staff, servants and agents and the acceptance of a ticket by any passenger or person or owner or consignee shall be conclusive evidence of his or their agreement that each and every limitation and exemption afforded to the Corporation by these by-laws or all or any of them shall extend to each such employee, staff, servant or agent. Part XII Jurisdiction (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 103. Proper law to be laws of Hong Kong (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) All or any dispute howsoever arising directly or indirectly under or in respect of these by-laws or any of them in regard to any matter, act, event or thing of whatsoever nature arising or occurring hereunder shall be governed by and interpreted in accordance with the laws of Hong Kong wherever the act or event or thing shall take place and whatever the nationality, domicile or usual place of residence of any person or party to such dispute and every action or claim arising directly or indirectly therefrom brought by or against the Corporation shall be and the same is hereby submitted to the exclusive jurisdiction of a competent court of jurisdiction in Hong Kong.(2) It is hereby expressly agreed and declared by the persons or parties to whom these by-laws and any special conditions made hereunder refer that the Corporation is resident in Hong Kong and that the exercise of its central management and control is exercised in Hong Kong. Part XIII Enforcement and Penalties (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) 104. Inspection of identity cards and arrest (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) (1) Any person who is reasonably suspected of committing or attempting to commit any offence against any of the by-laws set out in Parts I to IX inclusive shall produce his identity card issued to him under the Registration of Persons Ordinance (Cap. 177) for inspection and give his name, telephone number and address to a member of the staff or authorized person when required to do so and any member of the staff or authorized person may without warrant arrest that person and forthwith take him to a police station to be dealt with in accordance with the Police Force Ordinance (Cap. 232). (L.N. 214 of 2000; E.R. 1 of 2023)(2) The powers conferred under paragraph (1) are additional to the power of arrest conferred under section 38 of the Ordinance. 104A. Providing false information (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) No person shall wilfully provide false information when required to provide information under by-law 104.(L.N. 203 of 1994) 105. Penalties (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Any person or party who contravenes any provision of these by-laws mentioned in the first column of the Second Schedule commits an offence and is liable to prosecution and to payment of the penalty or penalties shown opposite the appropriate provision in the second column of the Second Schedule. 106. Preservation of other causes of action (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Unless the context otherwise requires, nothing in these by-laws contained, mentioned or referred to and no prosecution or step or action thereunder shall bar any further or other claim for damages or other remedy which the Corporation or any other person may be entitled to prosecute or bring. First Schedule [by-law 98]Permit Fees (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) Fee 1. For a standard permit issued under by-law 81(b) $30.00 2. For a replaced standard permit issued under by-law 94 $30.00 Second Schedule [by-law 105]Penalties (Suspended L.N. 162 of 2007 s. 2) (With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.) By-law Penalty 85, 86, 87, 88, 91, 92, 93 $1,000 fine 6(1), 7(1), 13(1) and (2), 25, 25A(1), 43, 44, 64(d), 65, 66 $2,000 fine 25A(3), 36, 45, 46, 47(c), 47(d), 47(e), 47(f), 48, 50, 52, 54, 55, 57, 58, 59, 61, 63, 64(a), 64(b) $5,000 fine 104A $3,000 fine and 3 months imprisonment 13(4), 33, 35, 51, 53, 56, 60, 67, 68, 71, 72, 74, 75 $5,000 fine and 6 months imprisonment 47(a), 47(b), 64(c), 69, 80 $10,000 fine and 2 years imprisonment (L.N. 203 of 1994; L.N. 4 of 1998)