Peak Tramway By-laws
[14 July 1989]
(Format changes—E.R. 2 of 2023)
These by-laws may be cited as the Peak Tramway By-laws.
These by-laws shall apply to the premises (as defined) including tramcars, and all places with respect to which the company has powers to make by-laws.
In these by-laws—
official (職員) means any officer or employee of the company and includes any conductor having charge of any tramcar and any ticket inspector; (16 of 2015 s. 26) passengers (乘客) means members of the public using the tramway or lawfully upon the premises in order to use the tramway; premises (處所) includes all premises of whatsoever nature used in connection with the tramway, including the termini and the tramcars; tramcar (纜車車廂) includes all tramcars or similar vehicles used upon the tramway. (16 of 2015 s. 25)The company accepts no liability for any loss or damage, whether physical injury or damage, or otherwise, suffered by any persons while on the premises (including the tramcars) except to the extent that such loss or damage involves death or physical injury and is directly attributable to the negligence of the company.
Every person while on the premises shall comply with all notices, signs, indicators and all reasonable directions and requests of any official.
When a tramcar stops, no person shall board the tramcar until directed to do so by an official. In no circumstances shall any person enter, mount or leave, or attempt to enter, mount or leave any tramcar whilst it is in motion.
Each tramcar is authorized to carry a maximum number of passengers. If an official determines that a tramcar is full, no person shall enter such tramcar and any passenger shall promptly leave such tramcar if directed by such official to do so.
If at any time a tramcar becomes in any way damaged, or from any cause unable to proceed, the passengers shall upon the request of an official leave the tramcar under the direction of the official, and if such passengers have paid their fares, they shall not be entitled to demand back the amount of their fares so paid, but on production of their tickets shall be allowed to travel by the next available tramcar the remainder of the distance in respect of which they have paid their fares. No person shall except with the leave of an official enter a damaged tramcar which is not in use, or is to be withdrawn from use.
No passenger shall smoke or carry a lighted pipe, cigar or cigarette in any area within the premises designated by the company by notice to be a non-smoking area.
No passenger or other person shall play or perform upon any musical instrument, portable radio, cassette player or other audio equipment while upon the premises.
No passenger shall—
spit in, on, from or against any tramcar, or on the premises;
swear, or use vulgar or abusive language, whilst on the premises;
place or throw any litter or rubbish upon the premises including in or from the tramcars, except into marked receptacles provided for that purpose;
place his feet on a seat in any part of the premises including the tramcars; or
otherwise intentionally interfere with the comfort of any other passenger.
No person shall conduct himself on any tramcar or in any other part of the premises so as to cause, or be likely in the opinion of an official to cause, a nuisance or annoyance to other passengers.
No person shall bring any animal or other livestock into or upon any part of the premises, other than a guide-dog accompanying a blind person.
No person shall consume, or attempt to consume, any food (including ice-cream) or beverage (whether alcoholic or non-alcoholic) in any tramcar.
No person in a state of intoxication shall be permitted upon any part of the premises, or to enter or mount upon any tramcar, and if any official believes a person to be in a state of intoxication he may require that person to leave the premises immediately, upon the fare, if already paid, being returned.
No person shall damage in any way whatsoever any of the premises or property belonging to the company including any tramcar, or remove or deface any printed or other notice, in or on the premises, or break or scratch any window of any tramcar. Any person acting in contravention of this by-law shall be liable to pay the amount of any damage done, in addition to the penalty prescribed by these by-laws for contravention of this by-law.
Suitable dress or clothing must be worn at all times by persons upon any part of the premises. Any person whose dress or clothing might in the opinion of an official soil or injure the premises or the dress or clothing of any other passenger, or which in the opinion of an official, might for any other reason be offensive to passengers, shall not mount, enter or remain on or in any part of the premises, including any tramcar, and may be prevented from so doing; and shall, on request by an official, leave the same upon the fare, if previously paid, being returned.
No person shall—
carry or attempt to carry upon the tramway any luggage, article or other thing which cannot be carried or otherwise accommodated on the tramway without risk of damage to the tramway and without causing a nuisance or inconvenience to other passengers; or
be allowed to board any tramcar or enter any areas of the tramway for the use of passengers carrying any item, food or package that might in the opinion of an official be offensive to other passengers or might soil or damage the premises (including the tramcar), or the property of other passengers.
No person, not being an official, or duly authorized by the company, shall enter any part of the tramway line or track or any other part of the premises not specifically provided for the use of passengers.
The company reserves the right to refuse to admit any person onto the premises or any part thereof at any time, and shall not be required to state any reason for such refusal.
The purchase of a ticket for carriage upon the tramway does not guarantee that a passenger will be conveyed on any particular tramcar, or that any tramcar shall depart or arrive at a particular time and the company will not be liable to any person for any loss or damage caused by the alteration, suspension or withdrawal of the company’s tramway services (or a part thereof) for any reason whatsoever. All time-tables issued by the company are issued by way of guidance only and any departure and arrival times for any tramcar are estimates only.
All tickets issued by or on behalf of the company are issued subject to these by-laws.
Any person to whom or on whose behalf a ticket is issued or otherwise acquires a ticket shall be deemed to have knowledge of and to have agreed to these by-laws.
The fares appearing in notices, lists or tables published from time to time by the company and posted at all locations for the purchase of tickets for carriage upon the tramway are the authorized fares for travel upon the tramway.
The company may issue monthly or season tickets carrying no special rights or privileges which shall be for the use only of the passenger who is named thereon, who shall immediately upon issue sign such monthly or season ticket. (16 of 2015 s. 26)
No person shall use, or attempt to use, any season ticket which is not issued in his name, and no monthly or season ticket holder shall sell or transfer, or attempt to sell or transfer any monthly or season ticket of which he is the holder to any other person.
All monthly and season tickets shall be produced for inspection by an official whenever the holder is entering upon or leaving the premises, or in default the monthly or season ticket holder shall pay the same fare for the journey as that legally demandable from a passenger who is not a monthly or season ticket holder.
In the event of any monthly or season ticket holder contravening any of these by-laws the company shall be entitled, on being satisfied that an offence has been committed to impound, retain and forfeit such monthly or season ticket and shall be under no liability to make any refund in respect thereof. (16 of 2015 s. 26)
No person shall, without lawful authority or reasonable excuse travel or attempt to travel upon any part of the tramway without first paying the appropriate fare and obtaining the appropriate ticket. Any person leaving the premises shall be deemed to have completed his journey and shall deliver up his ticket (unless the same is an unexpired monthly or season ticket) upon request of an official.
Every passenger shall show his ticket (whether a monthly or season ticket, or other form of ticket) when requested by an official.
No person not being a member of the Chinese People’s Liberation Army, a police officer, a member of the Customs and Excise Service or an officer of the Independent Commission against Corruption shall carry or have with him any firearms or ammunition on any part of the premises.
No person not being duly authorized in that behalf shall bring on to any part of the premises any substance or other thing which is subject to the provisions of the Dangerous Goods Ordinance (Cap. 295).
Any person who finds any property which appears to have been lost or misplaced by another person in or upon any part of the premises shall hand the same to an official, and no person other than an official shall remove from any tramcar any such property save for the purpose of handing over the same immediately to an official.
All lost or misplaced property which comes into the possession of the company shall be dealt with as follows— (16 of 2015 s. 26; E.R. 2 of 2023)
perishable, noxious or otherwise offensive goods or articles may be disposed of by the company as soon as practicable after they have come into its possession by sale or otherwise as it sees fit;
all other goods or articles shall be retained by the company for a period of 3 months after they have come into its possession and, if at the end of that period they remain unclaimed, they shall be deemed to become the property of the company free of all rights and encumbrances, and the company may dispose of them by sale or otherwise as it sees fit and retain any proceeds of sale thereof, and no claim for damages or compensation shall be brought against it by any person in respect of such goods or articles.
Any person claiming ownership of any lost property shall be required to identify it to the reasonable satisfaction of the company before the company shall return such property to such person. (E.R. 2 of 2023)
No person shall intentionally obstruct or impede any official in the execution of his duty upon or in connection with any tramcar or other property of the company.
Every official shall have the power to remove (if necessary by the use of reasonable force) from the premises, or any part thereof, any person whom he reasonably suspects of committing or attempting to commit any breach of these by-laws; and in the case where such breach is an offence as herein provided he shall have the power to detain such person until he can be delivered into the custody of a police officer to be dealt with according to the law. Where any person so removed shall have paid his fare he shall not be entitled to claim its return.
Any person who offends against or commits a breach of any of the by-laws set out in the first column of the Schedule commits an offence and is liable to the penalty set out in the third column of that Schedule opposite the reference to that by-law.
There shall be placed and kept in a conspicuous position at the company’s termini and at its registered office printed copies in the English and Chinese languages of these by-laws.
| By-law | Summary of Offence | Penalty |
| 6 | Improperly boarding a tramcar | Fine at level 1 |
| 9 | Smoking in non-smoking area | Fine at level 2 |
| 10 | Playing a musical instrument etc. | Fine at level 1 |
| 11 | Spitting, swearing etc. | Fine at level 1 |
| 12 | Causing a nuisance | Fine at level 2 + 6 months imprisonment |
| 13 | Bringing animals onto the premises | Fine at level 1 |
| 14 | Consuming food in tramcar | Fine at level 1 |
| 14 | Intoxication | Fine at level 2 + 6 months imprisonment |
| 15 | Causing damage | Fine at level 2 + 6 months imprisonment |
| 16 | Wearing unsuitable clothing | Fine at level 1 |
| 17 | Carrying excessive luggage, or offensive items | Fine at level 1 |
| 18 | Trespass | Fine at level 2 |
| 23 | Travelling without a ticket | Fine at level 2 |
| 24 | Failure to show ticket | Fine at level 2 |
| 25 | Carrying firearms | Fine at level 2 |
| 26 | Carrying dangerous goods | Fine at level 2 |
| 29 | Obstruction of officials | Fine at level 2 + 6 months imprisonment |