【法规名称】
【法规编号】 68913 什么是编号？
【正 文】
第6页 CAP 265 PEAK TRAMWAY ORDINANCE
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[接上页] (Added 26 of 1989 s. 4) Cap 265 s 14H Offence of negligence by employee (1) An employee of the company commits an offence if, in connection with his employment, he negligently does or omits to do anything in relation to the condition or operation of any part of the tramway that endangers or is likely to endanger the safety of any person travelling or being upon the tramway. (2) An employee who commits an offence under subsection (1) is liable to a fine of $5000 and to imprisonment for 6 months. (3) For the purposes of subsection (1) negligence is the failure to exercise such care or skill as a reasonable employee in the situation would exercise. (Added 26 of 1989 s. 4) Cap 265 s 15 Regulations (1) The Chief Executive in Council may make regulations for all or any of the following matters- (Amended 62 of 1999 s. 3) (a) controlling and regulating the maintenance and operation of the tramway and providing for safe systems of operation; (b) providing for the approval by the Secretary for the Environment, Transport and Works of the carrying out of work on the tramway; (Amended L.N. 106 of 2002) (c) regulating the carrying out of any work on the tramway; (d) providing for the inspection, examination and testing of the tramway and work being carried out thereon including- (i) the control by the Secretary for the Environment, Transport and Works, of the employment by the company of any person or class of person, in connection with the carrying out of work on the tramway or, the maintenance and operation of the tramway and the imposition of duties on the company and on any such person or class of person for the purpose of such control; (Amended L.N. 106 of 2002) (ii) the keeping by the company of records and logs; (iii) the supply by the company, of information relating to the tramway; (iv) the display by the company, of notices relating to the tramway; and (v) the reporting of accidents and investigations thereof;(e) providing for the safety of persons using or being in the vicinity of, or employed in the operation and maintenance of, the tramway; and (f) providing for the better carrying into effect of this Ordinance.(2) Regulations made under this section may provide that a contravention of any specified provisions shall be an offence and may prescribe a penalty therefor not exceeding a fine of $50000 and imprisonment for 2 years, and in the case of a continuing offence, a further fine of $1000 for each day on which the offence continues. (Replaced 26 of 1989 s. 5) Cap 265 s 15A By-laws (1) The company may, with the approval of the Legislative Council, make by-laws- (a) regulating the conduct of persons travelling or being in or upon the tramway; and (b) for the prevention of annoyance to persons travelling or being in or upon the tramway.(2) The following provisions shall apply to by-laws made under subsection (1)- (a) any by-law so made may provide that a contravention of specified provisions thereof shall be an offence and may prescribe penalties therefor not exceeding a fine of $5000 and imprisonment for 6 months; (b) prosecutions for offences under any by-law so made may be brought in the name of the company; (c) the company shall cause to be printed copies of all by-laws so made which shall be kept at its principal office and be available for sale to any person at a reasonable cost. (Added 26 of 1989 s. 5) Cap 265 s 16 Power to sell undertaking Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Subject to the approval of the Chief Executive in Council the company may sell or assign its undertaking, or any part thereof, to such person, by public auction or private contract, or partly by public auction and partly by private contract, and with, under, and subject to such terms and conditions in all respects, as the company may think fit, with power at any such sale to fix a reserve price for or buy in the same. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule) (2) When any such sale or assignment has been made, all the rights, powers, authorities, obligations, and liabilities of the company in respect to the undertaking, or part thereof, sold or assigned, shall be transferred to , vested in, and may be exercised by, and shall attach to, the person to whom the same has been sold or assigned, in like manner as if the undertaking, or part thereof, sold or assigned, was constructed by such person under the powers conferred by this Ordinance, and in reference to the same he shall be deemed to be the company. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule) (3) The company may, without the approval of the Chief Executive in Council, but subject to the provisions contained in any contract or instrument it has entered into or executed, at any time sell or assign any land, machinery, property, chattel or effect which in its opinion is not required for the efficient maintenance and working of its undertaking. (Added 27 of 1992 s. 6) |
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