【法规名称】
【法规编号】 68735 什么是编号？
【正 文】
第3页 CAP 556 MASS TRANSIT RAILWAY ORDINANCE
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[接上页] (3) The Secretary or other person authorized by the Secretary may make copies of records inspected under subsection (2)(b). (4) If the Corporation, without reasonable excuse, fails to comply with subsection (1), or with a notice given under subsection (2), the Corporation commits an offence and is liable to a fine at level 4. Cap 556 s 12 Limitation on powers under sections 10 and 11 (1) Nothing in section 10 or 11 requires the Corporation or any other person- (a) to produce any document which the Corporation or that other person could not be compelled to produce in civil proceedings in the High Court; or (b) in complying with any requirement for the furnishing of information, to provide any information which the Corporation or that other person could not be compelled to provide in evidence in civil proceedings in the High Court.(2) Neither the Secretary nor any other person shall disclose any information obtained pursuant to section 10 or 11 unless he has consulted the Corporation regarding his intention to do so. Cap 556 s 13 Chief Executive in Council may give directions (1) The Chief Executive in Council may, if he considers the public interest so requires, and after consultation between the Secretary and the Corporation, give directions in writing to the Corporation in relation to any matter concerning the franchise. (2) The directions may be of a general or specific nature. (3) The Corporation shall comply with any direction given, unless the direction is inconsistent with this Ordinance. (4) The Government is liable to pay compensation to the Corporation for loss or damage of any kind (including consequential loss) sustained by the Corporation and in any way arising from or attributable to the Corporation's compliance with a direction under this section. (5) Reference in subsection (4) to loss or damage includes reference to loss or damage arising from or attributable to the Corporation's compliance with a direction under this section that is contrary to prudent commercial principles. Cap 556 s 14 Chief Executive in Council may impose financial penalty (1) The Chief Executive in Council may, on a reference by the Secretary, by notice in writing impose on the Corporation a financial penalty specified in the notice for any failure by the Corporation to comply with any provision of this Ordinance or the operating agreement, or with any direction, specification or requirement given under this Ordinance or the operating agreement. (2) The Corporation shall not be found liable to the imposition of a penalty under subsection (1) unless- (a) the Corporation has been given an opportunity to make representations to the Chief Executive in Council; and (b) the Chief Executive in Council is satisfied- (i) that the failure is substantial or is persistent in nature; and (ii) where the obligation is one of a continuing nature, that the Corporation has had a reasonable opportunity of remedying the failure.(3) A financial penalty imposed under this section shall not exceed- (a) in respect of any failure- (i) in the case of a first imposition of such a penalty, an amount equal to a fine at level 3; (ii) in the case of a second imposition of such a penalty, an amount equal to a fine at level 4; (iii) in the case of a third or subsequent imposition of such a penalty, an amount equal to a fine at level 5; and(b) in respect of any failure which is of a continuing nature, $10000 for each day on which the failure continues,and in this subsection, reference to an amount equal to a fine at a certain level is a reference to the amount shown in Schedule 8 to the Criminal Procedure Ordinance (Cap 221) as the amount of a fine of that level for an offence under an Ordinance. (4) A financial penalty imposed under this section is recoverable by the Government as a civil debt. (5) Where the Chief Executive in Council is considering the imposition of a penalty on the Corporation under this section, he shall not take into account any failure of the Corporation which was considered for the purposes of a previous imposition of a penalty on the Corporation under this section, unless the Corporation has failed to pay that previous penalty or to rectify any default that gave rise to the failure in question. (6) This section does not apply to any provision of this Ordinance the contravention of which is an offence under this Ordinance. Cap 556 s 15 Suspension of franchise PART IV SUSPENSION, REVOCATION AND EXPIRY OF FRANCHISE, ETC. (1) If, on a reference by the Secretary, the Chief Executive in Council considers that- (a) an emergency exists or is likely to come into existence; or (b) there is or is likely to be for any reason a substantial breakdown in the operation of the railway, other than a breakdown that appears to be capable of being remedied within a reasonable period,and if he considers that it is in the public interest to do so, the Chief Executive in Council may order that the franchise be suspended either wholly or in part. |
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