Page:Mass Transit Railway Ordinance (Cap. 556).pdf/10

MASS TRANSIT RAILWAY ORDINANCE


 * (f) the maintenance of trains;
 * (g) the number and types of trains, and their carrying capacity, on order or under construction together with details of the likely availability of such trains for use in the operation of the railway.

(2)The Secretary may, by notice in writing to the Corporation, require the Corporation—
 * (a) to furnish to the Secretary, at the reasonable times and in the form specified in the notice, copies of the records kept by the Corporation in accordance with subsection (1);
 * (b) to permit the Secretary, or any other person authorized in writing by him, to inspect at any reasonable time all records kept by the Corporation in accordance with subsection (1),

and to do so within a period specified in the notice, being a period that is reasonable in the circumstances.

(3) The Secretary or other person authorized by the Secretary may make copies of records inspected under subsection (2)(b).

(4) If the Corporation, without reasonable excuse, fails to comply with subsection (1), or with a notice given under subsection (2), the Corporation commits an offence and is liable to a fine at level 4.

12. Limitation on powers under sections 10 and 11

(1) Nothing in section 10 or 11 requires the Corporation or any other person—
 * (a) to produce any document which the Corporation or that other person could not be compelled to produce in civil proceedings in the High Court; or
 * (b) in complying with any requirement for the furnishing of information, to provide any information which the Corporation or that other person could not be compelled to provide in evidence in civil proceedings in the High Court.

(2) Neither the Secretary nor any other person shall disclose any information obtained pursuant to section 10 or 11 unless he has consulted the Corporation regarding his intention to do so.

13. Chief Executive in Council may give directions

(1) The Chief Executive in Council may, if he considers the public interest so requires, and after consultation between the Secretary and the Corporation, give directions in writing to the Corporation in relation to any matter concerning the franchise.