A001-E

Mass Transit Railway Corporation (Amendment) Ordinance 1998

An Ordinance to amend the Mass Transit Railway Corporation Ordinance.

[23 January 1998]

Enacted by the Provisional Legislative Council.

1. Short title

This Ordinance may be cited as the Mass Transit Railway Corporation (Amendment) Ordinance 1998.

2. Interpretation

Section 2(1) of the Mass Transit Railway Corporation Ordinance (Cap. 270) is amended by adding---

" "Commissioner" (署長) means the Commissioner for
Transport;

"Secretary" (局長) means the Secretary for Transport;

"transport interchange" (運輸交匯處) means any area,
space or building or any part thereof set out in certified plans deposited in the Land Registry under section 24A.".

3. Avoidance of doubt

Section 22 is amended by repealing "is a public place" and substituting "and transport interchanges are public places".

4. Section added

The following is added before section 24---

"24A. Transport interchanges

(1) The Corporation shall set apart such area, space or building or any part thereof as a transport interchange as the Corporation thinks necessary or expedient for the purpose of effecting and facilitating interchange between the Mass Transit Railway and any other available 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 any 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 so varied and those plans shall supersede any previous plans as from the day a notice relating to those plans are published under subsection (6) or such later date as may be specified in the notice.

(5) Plans prepared under subsection (2) or (4) shall be numbered, dated, signed and certified by the Commissioner as being plans of the transport interchange to which the plans relate and shall be deposited by the Commissioner 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.".

5. Regulations
Section 24 is amended by adding---

"(3) The Secretary may make regulations for all or any of the following purposes in relation to a transport interchange- --

1. notwithstanding section 4(2), conferring powers upon the Commissioner to give directions to the Corporation in respect of the control and regulation of vehicular and pedestrian traffic and the operation of public transport services, car parks and parking spaces in a transport interchange;

2. conferring powers upon the Commissioner to do any act or cause any act to be done which the Corporation is required or directed to do under the regulations but has failed to do, and to recover any costs incurred by or incidental to such act from the Corporation as a civil debt;

3. controlling and regulating the provision by the Corporation, with the prior approval of the Commissioner, of adequate, efficient, safe and continuous roads and facilities for the use of a transport interchange by vehicles and members of the public, the operation of public transport services and parking of vehicles;

4. conferring powers upon the Corporation to erect or place traffic signs, road markings, light signals, or establish zebra crossings and light signal crossings and to alter, suspend or cancel them subsequently as may be approved by the Commissioner;

5. conferring powers upon the Corporation, with the prior approval of the Commissioner, to designate bus stops, light bus stands, taxi ranks, restricted and prohibited zones, car parks and parking spaces and to impose speed limits in a transport interchange, and to suspend or cancel them subsequently;

6. conferring powers upon the Corporation or any person authorized by the Corporation in that behalf to issue permits, authorization, passes and tickets for traffic control or parking purposes;

7. access to any transport interchange by vehicles and members of the public;

8. providing for the powers and obligations of the Corporation to do such acts as are necessary or expedient where it is impracticable to obtain prior approval of the Commissioner;

9. providing for the powers of the employees of the Corporation or other persons authorized by the Corporation in that behalf in controlling and regulating vehicular and pedestrian traffic in a transport interchange;

10. without prejudice to subsection (1), providing for anything which under this Ordinance is to be or may be prescribed and such other matters as may be necessary or expedient to carry out effectively the provisions of this Ordinance.

(4) Regulations made under subsection (3) may provide that no compensation is payable to the Corporation for anything done or required to be done under or by virtue of any provision of those regulations which are for the benefit of the operation of the transport interchanges in serving the railway.".

6. By-laws
Section 25(1) is amended---

1. in paragraph (c) by repealing the full stop and substituting a semicolon;

2. by adding---
   "(d) in relation to a transport interchange---

   1. controlling and regulating vehicular and pedestrian traffic as may be approved by the Commissioner;

   2. controlling and regulating vehicles and the conduct of members of the public at bus stops, light bus stands and taxi ranks;

   3. controlling and regulating vehicles and the conduct of members of the public in car parks and at parking spaces;

   4. controlling and regulating the conduct of members of the public at other parts of a transport interchange;

   5. erecting or placing traffic signs, road markings, light signals, or establishing zebra crossings and light signal crossings and altering, suspending or cancelling them subsequently, as may be approved by the Commissioner;

   6. with the prior approval of the Commissioner, designating bus stops, light bus stands, taxi ranks, restricted and prohibited zones, car parks and parking spaces and imposing speed limits, and suspending or cancelling them subsequently;

   7. issuing permits, authorization, passes and tickets for traffic control or parking purposes and imposing and collecting charges for parking;

   8. the towing away, impounding, removal and disposal of any vehicle or thing causing obstruction in a transport interchange and the imposition and collection of charges as approved by the Commissioner in respect of any such towage or removal and of any impounding, storage, detention or service of such vehicle or thing;

   9. limitation or exclusion of liabilities of the Corporation in respect of any loss or damage to property in any transport interchange;

   10. authorizing any person to act on its behalf for the purposes of this paragraph.".

7. Section substituted

Section 26 is repealed and the following substituted---

"26. Further powers in relation to regulations and by-laws

(1) Any regulations made under section 24 or by-laws made under section 25 may confer authority upon employees of the Corporation or persons authorized by the Corporation in that behalf on railway premises or in transport interchanges to---

1. detain any person reasonably suspected of having contravened this Ordinance, the regulations and by-laws and take such other steps as may be provided for in the regulations or by-laws (as the case may be) to ensure that such person is dealt with in accordance with law;

2. stop, search and detain any vehicle in connection with any contravention against this Ordinance, the regulations and by-laws.

(2) Regulations made under section 24(3) or by-laws made under section 25 may---

1. confer powers upon an employee of the Corporation or any person authorized by the Corporation in that behalf to request---
   1. a person suspected of having contravened this Ordinance, the regulations and by-laws to give his personal particulars to him; and

   2. where a vehicle is involved in such contravention, the registered owner of the vehicle to give to him the personal particulars of the driver of the vehicle at the material time; and

2. provide that failure to comply with a request so made or the giving of false or misleading information shall be an offence and prescribe penalties for such offences not exceeding a fine of $5,000 and imprisonment for 6 months.

(3) Any regulations made under section 24(1) or (3) or by-laws made under section 25(1) may provide that a contravention of a specified provision thereof shall be an offence and may prescribe penalties therefor not exceeding a fine of $5,000 and imprisonment for 6 months.

(4) Any by-laws made under section 25(1)(d) may provide for a fixed penalty to be payable for contravention of any specified provision thereof and for the recovery of such fixed penalty.".

8. Section added

The following is added---

"26A. Application

Save to the extent of any inconsistency with any regulations or by-laws made under this Ordinance in relation to a transport interchange, the provisions of the Road Traffic Ordinance (Cap. 374) and subsidiary legislation thereunder that apply to private roads and the Public Bus Services Ordinance (Cap. 230) and subsidiary legislation thereunder shall apply to a transport interchange.".