Page:Mass Transit Railway Ordinance (Cap. 556).pdf/12

MASS TRANSIT RAILWAY ORDINANCE

(4) A financial penalty imposed under this section is recoverable by the Government as a civil debt.

(5) Where the Chief Executive in Council is considering the imposition of a penalty on the Corporation under this section, he shall not take into account any failure of the Corporation which was considered for the purposes of a previous imposition of a penalty on the Corporation under this section, unless the Corporation has failed to pay that previous penalty or to rectify any default that gave rise to the failure in question.

(6) This section does not apply to any provision of this Ordinance the contravention of which is an offence under this Ordinance.

 PART IV '''15. Suspension of franchise'''

(1) If, on a reference by the Secretary, the Chief Executive in Council considers that—
 * (a) an emergency exists or is likely to come into existence; or
 * (b) there is or is likely to be for any reason a substantial breakdown in the operation of the railway, other than a breakdown that appears to be capable of being remedied within a reasonable period,

and if he considers that it is in the public interest to do so, the Chief Executive in Council may order that the franchise be suspended either wholly or in part.

(2) Before making any reference to the Chief Executive in Council under subsection (1)(b) the Secretary shall, as far as is practicable in the circumstances, consult the Corporation in relation to the proposed reference; and the Secretary shall bring to the attention of the Chief Executive in Council any representations made by the Corporation during the consultation.

(3) An order for suspension under subsection (1) remains in effect until the Chief Executive in Council orders the suspension terminated.

(4) Notice in writing of any order made under subsection (1) or (3) shall be given to the Corporation.

(5) Where the franchise is suspended under subsection (1) (whether wholly or in part), the Government, its nominee or a third party designated by the Government—
 * (a) may take possession of any property which at the time of such suspension is property used or kept by the Corporation for the purposes of or in connection with the suspended part of the franchise;