Page:Mass Transit Railway Ordinance (Cap. 556).pdf/11

MASS TRANSIT RAILWAY ORDINANCE

(2) The directions may be of a general or specific nature.

(3) The Corporation shall comply with any direction given, unless the direction is inconsistent with this Ordinance.

(4) The Government is liable to pay compensation to the Corporation for loss or damage of any kind (including consequential loss) sustained by the Corporation and in any way arising from or attributable to the Corporation’s compliance with a direction under this section.

(5) Reference in subsection (4) to loss or damage includes reference to loss or damage arising from or attributable to the Corporation’s compliance with a direction under this section that is contrary to prudent commercial principles.

14. Chief Executive in Council may impose financial penalty

(1) The Chief Executive in Council may, on a reference by the Secretary, by notice in writing impose on the Corporation a financial penalty specified in the notice for any failure by the Corporation to comply with any provision of this Ordinance or the operating agreement, or with any direction, specification or requirement given under this Ordinance or the operating agreement.

(2) The Corporation shall not be found liable to the imposition of a penalty under subsection (1) unless—
 * (a) the Corporation has been given an opportunity to make representations to the Chief Executive in Council; and
 * (b) the Chief Executive in Council is satisfied—
 * (i) that the failure is substantial or is persistent in nature; and
 * (ii) where the obligation is one of a continuing nature, that the Corporation has had a reasonable opportunity of remedying the failure.

(3) A financial penalty imposed under this section shall not exceed—
 * (a) in respect of any failure—
 * (i) in the case of a first imposition of such a penalty, an amount equal to a fine at level 3;
 * (ii) in the case of a second imposition of such a penalty, an amount equal to a fine at level 4;
 * (iii) in the case of a third or subsequent imposition of such a penalty, an amount equal to a fine at level 5; and
 * (b) in respect of any failure which is of a continuing nature, $10,000 for each day on which the failure continues,

and in this subsection, reference to an amount equal to a fine at a certain level is a reference to the amount shown in Schedule 8 to the Criminal Procedure Ordinance (Cap. 221) as the amount of a fine of that level for an offence under an Ordinance.