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[接上页] (a) shall specify the work or steps required to be carried out or taken; (b) may specify the time before which the Corporation shall commence to carry out the work or take the steps and the time by which the work or steps must be completed.(3) If the Corporation fails without reasonable excuse to comply with a notice given under this section the Corporation commits an offence and is liable to a fine at level 6 and to a further fine of $10000 for each day during which it is proved that the failure to comply with the notice has continued without reasonable excuse. (4) A copy of a document which purports to be a notice signed by the Secretary for the purposes of this section- (a) is admissible in evidence in proceedings for an offence under subsection (3) on its production without further proof; and (b) is sufficient evidence of the opinion of the Secretary and of the other matters contained in the document. Cap 556 s 29 Offence of negligent act or omission by employee (1) If- (a) in connection with his duty, an employee of the Corporation negligently does or omits to do anything in relation to the condition or operation of a part of the railway or railway premises after that part has come into operation; and (b) by that act or omission, the safety of a person being on the railway or on railway premises is endangered, or is likely to be endangered,the employee commits an offence and is liable- (i) except as provided in paragraph (ii), to a fine at level 2; or (ii) if the act or omission results in serious injury to or the death of a person being on the railway or railway premises, to a fine at level 2 and to imprisonment for 6 months.(2) For the purposes of this section, negligence is the failure to exercise the care or skill that a reasonable employee in the situation would exercise. Cap 556 s 30 Offence of wilfully endangering safety If- (a) a person wilfully does or omits to do anything in relation to the railway or railway premises; and (b) by that act or omission, the safety of any person being on the railway or on railway premises is endangered, or is likely to be endangered,the first-mentioned person commits an offence and is liable to a fine at level 6 and to imprisonment for 3 years. Cap 556 s 31 Transport interchanges PART VII TRANSPORT INTERCHANGES (1) The Corporation shall set apart as a transport interchange the whole or a part of any area, space or building, as the Corporation thinks necessary or expedient for the purpose of effecting and facilitating interchange between the railway and any other mode of transport. (2) The Corporation shall, with the agreement of the Commissioner, prepare plans delineating the boundaries of every transport interchange. (3) The Corporation may, with the agreement of the Commissioner, vary the boundaries of a transport interchange from time to time. (4) Where the boundaries of a transport interchange are varied under subsection (3), the Corporation shall prepare plans delineating the boundaries of the transport interchange as varied and those plans shall supersede any previous plans as from the day on which a notice relating to those plans is published under subsection (6), or as from any later date that may be specified in the notice. (5) Plans prepared under subsection (2) or (4) shall be numbered, dated and signed and certified by the Commissioner as being plans of the transport interchange to which they relate, and shall be deposited by the Corporation in the Land Registry. (6) The Corporation shall cause a notice of the deposit of plans under subsection (5) to be published in the Gazette. Cap 556 s 32 Application of other Ordinances (1) Subject to subsection (2), the Public Bus Services Ordinance (Cap 230) and the Road Traffic Ordinance (Cap 374) as it applies to private roads apply to and in relation to transport interchanges and roads in transport interchanges respectively. (2) If there is any inconsistency between a regulation or bylaw made under this Ordinance in relation to a transport interchange and a provision of a law specified in subsection (1) then, to the extent of that inconsistency, the regulation or bylaw prevails. Cap 556 s 33 Regulations PART VIII REGULATIONS AND BYLAWS (1) The Secretary may make regulations for anything that is necessary for the effective carrying out of this Ordinance, including but not limited to regulations for the purpose of any or all of the following- (a) controlling and regulating- (i) the maintenance and operation of the railway by the Corporation; and (ii) the use of the railway by members of the public and their conduct while on railway premises;(b) providing for the obtaining of information from the Corporation for the purpose of section 10; (c) providing for the keeping of records by the Corporation for the purpose of section 11; (d) providing for the safety of persons being on the railway or on railway premises; (e) providing for the investigation of accidents on the railway or on railway premises, or in which the railway is involved; |