Page:Mass Transit Railway Ordinance (Cap. 556).pdf/22

MASS TRANSIT RAILWAY ORDINANCE

29. Offence of negligent act or omission by employee

(1) If—
 * (a) in connection with his duty, an employee of the Corporation negligently does or omits to do anything in relation to the condition or operation of a part of the railway or railway premises after that part has come into operation; and
 * (b) by that act or omission, the safety of a person being on the railway or on railway premises is endangered, or is likely to be endangered,

the employee commits an offence and is liable—
 * (i) except as provided in paragraph (ii), to a fine at level 2; or
 * (ii) if the act or omission results in serious injury to or the death of a person being on the railway or railway premises, to a fine at level 2 and to imprisonment for 6 months.

(2) For the purposes of this section, negligence is the failure to exercise the care or skill that a reasonable employee in the situation would exercise.

30. Offence of wilfully endangering safety

If—
 * (a) a person wilfully does or omits to do anything in relation to the railway or railway premises; and
 * (b) by that act or omission, the safety of any person being on the railway or on railway premises is endangered, or is likely to be endangered,

the first-mentioned person commits an offence and is liable to a fine at level 6 and to imprisonment for 3 years. PART VII 31. Transport interchanges

(1) The Corporation shall set apart as a transport interchange the whole or a part of any area, space or building, as the Corporation thinks necessary or expedient for the purpose of effecting and facilitating interchange between the railway and any other 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 a transport interchange from time to time.