【法规名称】
【法规编号】 68913 什么是编号？
【正 文】
第8页 CAP 265 PEAK TRAMWAY ORDINANCE
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[接上页] (Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4) Cap 265 s 32 Tender of amends (1) If any party has committed any irregularity, trespass or other wrongful proceeding in the execution of this Ordinance or by virtue of any power or authority hereby given, and if, before action brought in respect thereof, such party makes tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action. (2) If no such tender has been made, it shall be lawful for the defendant, by leave of the court wherein such action is pending, at any time before answer filed, to pay into court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. (Amended 51 of 1911; 63 of 1911 Schedule) (Amended 8 of 1912 s. 25; 20 of 1948 s. 4) Cap 265 s 33 Recovery of fares, etc. Any fare, or penalty imposed by this Ordinance, the recovery of which is not otherwise provided for, may be recovered before a magistrate. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 57 of 1986 s. 10) Cap 265 s 34 Responsibility of company for damage The company shall be answerable for all accidents, damages, and injuries happening through its act or default, or through the act or default of any person in its employment, by reason or in consequence of any of its works or tramcars, and shall save harmless all other companies or bodies, collectively and individually, their officers and servants, from all damages and cost in respect of such accidents, damages, and injuries. (Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 10) Cap 265 s 35 (Repealed 57 of 1986 s. 11) Cap 265 s 36 Saving Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Replaced 4 of 1951 Schedule. Amended 62 of 1999 s. 3) Cap 265A Empowering section (Cap 265 section 15) [1 September 1989] (L.N. 300 of 1989) Cap 265A reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Peak Tramway (Safety) Regulations. (Enacted 1989) Cap 265A reg 2 Interpretation In these regulations, unless the context otherwise requires- "Director" (署长) means the Director of Electrical and Mechanical Services; "duty technician" (值勤技术员) means a person employed by the company as a duty technician under these regulations; "engineering superintendent" (工程监督) means a person employed by the company as an engineering superintendent under these regulations; "operator" (司机) means a person employed by the company as an operator under these regulations; "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (L.N. 106 of 2002) "surveyor" (测量师) means a person employed by the company as a surveyor under these regulations; "technical institute" (工业学院) has the meaning assigned to it by section 2 of the Vocational Training Council Ordinance (Cap 1130); "tramcar" (缆车车厢) means the articulated car (including both compartments) used upon the tramway. (Enacted 1989) Cap 265A reg 3 Employment of surveyor Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 PART II EMPLOYMENT AND DUTIES OF SURVEYOR (1) The company shall employ a person as a surveyor for the purposes of this Part. (2) The company shall not employ any person as a surveyor without the prior written approval of the Secretary. (3) The Secretary shall give approval under subregulation (2) if the person whom the company seeks to employ is a person- (a) who- (i) is a corporate member of the Hong Kong Institution of Engineers or of such other equivalent institution as may be acceptable to the Secretary; and (62 of 1999 s. 3) (ii) satisfies the Secretary that he has not less than 3 years practical experience of or in connection with the maintenance, operation, inspection and examination of a funicular railway; or(b) who satisfies the Secretary that by reason of his education, training, professional experience, knowledge and skill he is a fit and proper person to be employed by the company as a surveyor for the purposes of this Part. (Enacted 1989) Cap 265A reg 4 Duties of surveyor (1) A person employed as a surveyor shall, when so instructed by the company- (a) examine the emergency braking system of each tramcar and record the braking distances under dummy load conditions; (b) test all safety circuits of the tramway; and (c) examine the haulage rope by gauging the circumference, visual inspection and defectograph reading over the entire length of the rope where accessible,and provide a written report thereon to the company. |
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