|
[接上页] (2) No claim shall arise out of the removal of any tree or part thereof under this section. Cap 372 s 28 (Repealed 13 of 1998 s. 10) Cap 372 s 29 Claims for compensation (1) Except as provided in subsection (2), no person shall have any right against the Corporation or any other person for any compensation, loss or damage in respect of any land or the use of any land and arising from any work carried out under this Part in connection with the railway or the use of the railway. (Amended 56 of 1986 s. 21; 13 of 1998 s. 9) (2) Subject to subsection (4), any person who suffers any injury to any private right in respect of any interest in any land adjoining the railway and which directly arises from any work carried out under this Part in connection with the railway may submit a claim for compensation to the Corporation in respect of any actual loss fairly and reasonably arising from that injury. (Amended 56 of 1986 s. 21; 13 of 1998 s. 9) (3) Subject to subsection (4), after the expiry of 3 months from the date of the submission of his claim to the Corporation, the claimant may, if the claim has not been agreed, submit his claim to the Lands Tribunal for determination and, for this purpose, the Lands Tribunal shall have jurisdiction to determine the claim under the Lands Tribunal Ordinance (Cap 17). (4) No claim for compensation shall be brought after the expiration of 3 years from the date on which the injury on which the claim is founded was suffered. Cap 372 s 30 Regulations PART VI REGULATIONS AND BY-LAWS (1) The Secretary for the Environment, Transport and Works may make regulations for all or any of the following purposes- (Amended 13 of 1998 s. 11; L.N. 106 of 2002) (a) controlling and regulating the maintenance and operation of the railways and, without derogating from the generality of the foregoing, providing for safe systems of operation; (Amended 56 of 1986 s. 14) (b) the notification of accidents and other events; (c) the investigation of accidents; (d) records to be kept and notices to be displayed; (e) the preparation of operating manuals and practices to be adopted in relation thereto; (f) the safety of persons using or engaged in work on the railways; (Amended 56 of 1986 s. 14) (g) the determination of maximum loads and markings in relation thereto; (h) the provision of adequate signs and destination indicators on buses used by the Corporation; (Added 56 of 1986 s. 14) (i) requiring the Corporation to submit to the Commissioner for Transport, at such times and in such manner as may be specified in the regulations, a programme of the future operations or plans of the Corporation for its rail and bus services within the North-west Transit Service Area for such period as may be so specified, including, without derogation from the generality of the foregoing, routes to be operated, frequency of service and vehicle allocation to those routes; (Added 56 of 1986 s. 14) (j) regulating, in relation to the drivers of buses used by the Corporation- (i) the maximum number of hours during which any such driver may be permitted to drive a bus; and (ii) the intervals to be provided by the Corporation for the rest and refreshment of drivers, in any period specified by the regulations; (Added 56 of 1986 s. 14)(ja) the designation of bus stops and the erection of appropriate signs and notices thereon; (Added 45 of 1987 s. 2) (jb) the designation of stopping places for light rail vehicles operated on the North-west Railway and the erection of appropriate signs and notices thereon; (Added 45 of 1987 s. 2) (k) generally for effectively carrying out the provisions of this Ordinance. (Amended 56 of 1986 s. 14)(2) Regulations made under subsection (1) may, in relation to the investigation of accidents- (a) confer powers upon inspectors to compel the giving of information concerning accidents including power to summon a person to attend before him for the purpose; (b) make provision for the payment of persons so summoned; (c) provide that failure to comply with summons or requirement made by an inspector, or the obstruction of an inspector, or the giving of false or misleading information shall be an offence.(3) No information supplied by any person to an inspector under regulations made under this section shall be admissible in evidence in any criminal proceedings other than proceedings for a contravention of any provision of such regulations relating to the giving of, or failure to give, such information. (4) Regulations under subsection (1) may be made so as to apply to one or more of the railways, and different provision may be made for each railway. (Added 56 of 1986 s. 14. Amended 13 of 1998 s. 11) Cap 372 s 31 By-laws (1) The Corporation may, under its common seal, make by-laws not inconsistent with this Ordinance or regulations made under section 30 for all or any of the following purposes- (a) the carriage of passengers and all connected matters including the circumstances in which concessionary fares may be paid and exemptions from the payment of fares; |