Airport Authority (Automated People Mover) (Safety) Regulation
(Cap. 483, sections 18 and 38)
(Enacting provision omitted—E.R. 3 of 2022)
[13 February 1998]
(Format changes—E.R. 3 of 2022)
In this Regulation, unless the context otherwise requires—
automated people mover (旅客捷運系統) means the automated transportation system consisting of trains for carrying passengers between stations within the Airport; automated people mover premises (旅客捷運系統處所) means any place or premises used wholly or mainly for or in connection with the operation and maintenance of the automated people mover excluding— (a)station platforms; and (b)any place or premises excluded by the Secretary for Transport and Logistics by notice published in the Gazette; (L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022) control centre (控制中心) means a place occupied or used for the overall control of the operation of the automated people mover; inspector (督察) means a person appointed under section 2.The Chief Executive may in writing appoint any person to be an inspector for the purpose of this Regulation.
An inspector may—
at all reasonable times enter upon the premises to which this subsection applies;
at all reasonable times board trains and other maintenance vehicles running on the track of or used for the purposes of or in connection with the automated people mover;
carry out on premises to which this subsection applies, or on any machinery, plant or equipment thereon, such tests and inspections as he reasonably considers expedient;
carry out on trains and other maintenance vehicles running on the track of or used for the purposes of or in connection with the automated people mover such tests and inspections as he reasonably considers expedient;
require any person to whom this subsection applies—
to provide any resources or do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection;
to provide the inspector with such information relating to the automated people mover or any machinery, plant or equipment connected with the automated people mover as the inspector may specify, and to answer any question or produce for inspection any document which is reasonable and necessary for that purpose;
take copies of any document produced to him pursuant to paragraph (e)(ii);
remove or take measures to preserve part or whole of the machineries, plants and equipment of the automated people mover.
Subsection (1) applies to—
the automated people mover premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the automated people mover;
any employee of the Authority, any contractor or subcontractor mentioned in paragraph (a) and any employee of such contractor or subcontractor.
Any person who—
without reasonable excuse, fails to comply with a requirement under subsection (1)(e);
knowingly furnishes to an inspector acting under subsection (1)(e)(ii) information, answers or documents that are false or misleading in a material particular;
intentionally obstructs an inspector in the exercise of his powers under subsection (1),
commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.
A person commits an offence if he wilfully does or omits to do anything in relation to the automated people mover and the safety of any person travelling or being upon the automated people mover is thereby endangered, or likely to be endangered.
A person who commits an offence under subsection (1) is liable to a fine at level 4 and to imprisonment for 6 months.
The Authority shall give notice to the Secretary for Transport and Logistics of every accident and occurrence on the automated people mover of a type described in the Schedule, after its commencement for public use.
Notice shall be given under subsection (1) as soon as practicable after the accident and occurrence and in such form as the Secretary for Transport and Logistics may from time to time determine.
(L.N. 130 of 2007; L.N. 144 of 2022)
Where an accident or occurrence which is notifiable under this Regulation has occurred, the Secretary for Transport and Logistics may direct an inspector to investigate the accident or occurrence.
The paramount purpose of such an investigation is to determine the circumstances and causes of the accident or occurrence with a view to avoiding similar accidents or occurrences in the future, rather than to ascribe blame to any person.
The Secretary for Transport and Logistics may in place of any inspector directed to carry out an investigation under subsection (1) direct another inspector to proceed with the investigation, and in that case the investigation may be continued as if the change had not occurred.
The inspector shall, on completion of an investigation, make a report to the Secretary for Transport and Logistics who shall cause the contents thereof to be published in such manner as he thinks fit.
A report shall state the circumstances of the accident or occurrence and conclusions as to its cause and any observations and recommendations which the inspector thinks necessary for the avoidance of similar accidents or occurrences.
An inspector may, for the purpose of investigating an accident or occurrence, in addition to his powers under section 3—
by summons under his hand call before him such persons as he thinks fit;
examine any such person and require him to answer any question or to give any information or to produce any document or article which the inspector thinks may be relevant to the investigation;
permit any person to appear before him to give any such information or to produce any such document or article;
retain any such document or article until the completion of the investigation;
require any person to make and sign a statutory declaration as to the truth of any statement made by him;
take such measures as may be necessary for the preservation of evidence.
A person summoned as a witness at any investigation shall be allowed such expenses as the Financial Secretary may determine.
The answer given by a person to any question put to him for the purposes of an investigation shall not be admissible against that person in any civil or criminal proceedings by or against him except where he is charged with perjury or with an offence under section 9.
Any person who—
without reasonable excuse fails to answer a summons under section 7(a) or to comply with a requirement under section 7(b) or (e);
knowingly furnishes to an inspector acting under section 7(b) or (c) information that is false or misleading in a material particular;
intentionally obstructs an inspector in the exercise of his powers under section 7,
commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.
The Authority shall—
prepare, issue and revise from time to time as may be necessary a manual or manuals of instructions setting out the practices and procedures, in particular, emergency procedures, to be observed to ensure the safe operation of the automated people mover;
ensure that every person who is engaged in the operation of the automated people mover, whether as an employee, or contractor or agent of the Authority is made fully aware of the functions and duties imposed on him by the manual or manuals of instructions, and is provided with every manual in which those instructions are contained and such replacements thereof as may be necessary;
consult and obtain the agreement of an inspector before issuing or providing the manual and replacements as mentioned in paragraph (b);
furnish to an inspector such number of copies of every manual of instructions, and all amendments thereto, as he may require.
The Authority shall not—
open the automated people mover for public use;
operate any new part of the automated people mover for conveyance of passengers;
operate any extension, new line or new station;
divert any existing line; or
add any major facilities, new technology or major modifications that have an adverse impact on the safety of the automated people mover,
until an inspector has notified the Secretary for Transport and Logistics and the Authority in writing that the automated people mover, its new part, new extension, new line or new station, diversion of existing line, major facilities, new technology or major modifications is safe for public use.
The Authority shall ensure that the control centre is manned at all times when the automated people mover is in operation or under maintenance, by persons who are trained and competent in the use of the equipment installed in the control centre and in the execution of or carrying out of such duties assigned to them by the Authority, and that such persons remain at all times competent to carry out such duties.
The Authority shall provide and maintain an efficient means of communication between the control centre and—
all stations and depots, trains in service and such other places as are essential to the safe operation of the automated people mover;
such other places as may be specified in a written notice issued by an inspector to the Authority.
Any accident or occurrence in which a person—
falls off a platform onto the track;
crosses a track;
falls out of a train when the train is departing or has departed from a platform or is not fully parked at a platform;
falls between a train and a platform when the train is static;
comes into contact with live electrical equipment in a public area, in a tunnel or in a train;
suffers injury caused by the opening or closing of train doors or platform screen doors;
is struck by a train or maintenance vehicle on the track of an automated people mover;
suffers injury, which is reported to the Authority, as a result of the operation of the automated people mover; or
suffers injury, which is reported to the Authority, as a result of any action of an employee of the Authority, or of any action of a contractor or subcontractor of the Authority or its employee.
Any train collides with, or strikes against, another train or any other object.
Any train disengages from guide rails.
Any train passes a signal at danger or enters a wrong track without authorization.
Any accidental division of a train.
Any failure of an axle, wheel or tyre.
Any fire.
Any severe electric arcing or fusing which causes a fire alarm to be activated automatically or by passengers or by staff.
Any electrical leakage which causes or could cause electric shock to a person.
Any structural failure of either the guide rail or concrete plinth.
Any opening of train doors on the side opposite to the platform or non-closure of train doors when the train in passenger service is in motion.
Any failure of a tunnel, a building, a structure or a fixture or any part of the above which endangers or could endanger the safe operation of the automated people mover.
Any flooding or obstruction of any part of the track which endangers or could endanger the safe operation of the automated people mover.
Any failure of the signaling system which endangers or could endanger the safe operation of the automated people mover.
Any failure of the electrical supply or traction power supply system which endangers or could endanger the safe operation of the automated people mover. (E.R. 3 of 2022)
Any failure of the train control system, train door control system or platform screen door control system which endangers or could endanger the safe operation of the automated people mover.
Any failure of other plant and equipment which endangers or could endanger the safe operation of the automated people mover.
Any suspension of service in any station platform during normal passenger service hours.