Page:Mass Transit Railway Ordinance (Cap. 556).pdf/20

MASS TRANSIT RAILWAY ORDINANCE

27. General powers of inspectors

(1) An inspector may—
 * (a) at all reasonable times enter upon premises to which this subsection applies;
 * (b) carry out on premises to which this subsection applies, or on any machinery, plant or equipment used in connection with the franchise, any test or inspection he considers expedient;
 * (c) require a person to whom this subsection applies—
 * (i) to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection;
 * (ii) to provide the inspector with information which the inspector specifies relating to the railway or any machinery, plant or equipment connected with the railway, and to answer any question or produce for inspection any document which is necessary for that purpose; and
 * (iii) to provide a copy of any document which the inspector may require to be produced for inspection under subparagraph (ii).

(2) Subsection (1) applies to—
 * (a) the railway, the railway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the railway; and
 * (b) any employee of the Corporation and any contractor or subcontractor mentioned in paragraph (a) and his employees.

(3) The powers conferred by this section or by regulations made under section 33 may be exercised by an inspector only for the purpose of—
 * (a) ensuring the safety of the railway or railway premises; or
 * (b) investigating an accident which involved the railway or which occurred on the railway or on railway premises, when the inspector is directed to do so pursuant to those regulations,

and are exercisable in relation to an extension to the railway only if the extension has been brought into operation for public use.

(4) Nothing in this section requires any person—
 * (a) to produce any document which he 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 he could not be compelled to provide in evidence in civil proceedings in the High Court.

(5) An inspector shall not disclose, except to the Secretary, any information obtained pursuant to this section unless he has given reasonable notice to the Corporation beforehand.