Cap. 577A 《東涌吊車附例》Tung Chung Cable Car Bylaw

An authorized official may refuse to admit any person onto or into the Cable Car System or the Cable Car System area, or any part of the Cable Car System or the Cable Car System area, at any time if such authorized official has reasonable cause to believe that the refusal is necessary to ensure safety or order, or that such person is likely to contravene a provision of this Bylaw.

An authorized official may refuse to admit any child onto or into the Cable Car System or the Cable Car System area if the child is not accompanied by a person who has attained 15 years of age.

If a warning notice is posted in respect of any part of the Cable Car System area, no person shall, unless authorized by an authorized official or except under any circumstances specified in the warning notice, enter or remain in that part.

All tickets issued by or on behalf of the Company are issued subject to this Bylaw and to the conditions of issue.

Any person who enters into the paid area, or to whom or on whose behalf a ticket is issued, or who otherwise acquires a ticket, shall be deemed to have knowledge of and to have agreed to the conditions of issue.

No person shall, unless authorized by an authorized official, enter or leave or attempt to enter or leave the paid area or travel or attempt to travel on the Cable Car System otherwise than in accordance with the conditions of issue.

A person shall leave the paid area within such period as may be specified in the conditions of issue failing which he shall, where he has no reasonable excuse for remaining in the paid area after the expiry of such period, pay a surcharge.

If a person (other than a person who is under 3 years of age) is in the paid area and—

he shall be regarded as not having paid his fare and shall be liable to pay the appropriate fare and a surcharge and to deliver up his ticket (if any) to an authorized official.

For the purposes of subsection (1), a ticket shall expire in such circumstances as specified in the conditions of issue.

Any person who has paid a surcharge or delivered up his ticket pursuant to the provisions of this section shall be entitled to apply in writing to the Chairman or Chief Executive Officer of the Company (or their respective appointed nominee) for a review of the circumstances in which he became liable to a surcharge or to deliver up his ticket and the said Chairman or Chief Executive Officer of the Company (or their respective appointed nominee) upon the conclusion of such review may at his absolute discretion reject such application or may authorize repayment of the whole or any part of the surcharge or the remaining value in the delivered up ticket.

A person purchasing a ticket shall examine his ticket and any change tendered before leaving any ticket office and the Company shall not be liable for any error or omission not drawn to its attention at the time of the issue of the ticket.

A person using an automatic vending machine shall insert not less than the appropriate fare in Hong Kong legal tender or pay by any other mode of payment as specified by notice on the machine for the purchase of a ticket and a person is entitled to a refund of the amount in excess of the appropriate fare inserted into an automatic vending machine.

No person shall, without reasonable excuse, insert or attempt to insert into any automatic vending machine or coin change machine any coin, object or thing other than Hong Kong legal tender in the denominations identified by notice on the machine as suitable for use in that machine.

The amount (including a nil amount) from time to time encoded on a ticket shall be conclusive evidence of the amount paid in respect of such ticket and of the value (if any) remaining in such ticket.

Any person using, attempting to use or who has used a concessionary ticket shall, if requested by an authorized official to do so, produce to that authorized official acceptable proof of his entitlement to a concessionary ticket.

A person in the paid area or in any other part of the Cable Car System area after having immediately gained exit from the paid area shall produce his ticket for checking, inspection or verification at any time on demand by any authorized official.

A person who contravenes subsection (1) shall be regarded as not having paid his fare and shall be liable to pay a surcharge.

A ticket may be refunded or exchanged only at the discretion of the Company, and the refund or exchange may be subject to the deduction of an administration charge specified in the conditions of issue.

The form of any refund shall be at the discretion of the Company.

The Company shall not be liable to issue a ticket in replacement of a lost or unused ticket or to make a refund in respect of any such lost or unused ticket or in respect of a surcharge charged to any person in accordance with this Bylaw.

A person shall, while on the Cable Car System or in the Cable Car System area, comply with all notices and indicators which are posted as will reasonably be readily seen and read and all reasonable directions and requests of any authorized official.

Without prejudice to subsection (1), if an authorized official determines at his absolute discretion that a cable car is full, no person shall board or remain therein if directed by such authorized official not to do so.

Unless authorized by an authorized official, a child shall not board a cable car or travel on the Cable Car System unless he is accompanied by a person who has attained 15 years of age.

The person accompanying a child on the Cable Car System or in the Cable Car System area shall use his best endeavours to prevent the child from behaving in a manner likely to endanger persons or property.

A person accompanying a child under 3 years of age on the Cable Car System shall hold or secure the child in a safe manner whilst the child is on a platform or boarding or alighting from a cable car.

The maximum capacity of a cable car is 17 persons, subject to a maximum total weight of 1 275 kg.

A person shall comply with all loading instructions given by an authorized official.

No person shall board or alight from a cable car unless so directed by an authorized official.

No person shall do anything that may adversely affect the safety of persons on the Cable Car System or in the Cable Car System area or the safety of the Cable Car System.

A person who contravenes subsection (1) shall comply with such directions of an authorized official as the authorized official considers necessary or expedient to give.

No person shall carry onto the Cable Car System or into the Cable Car System area—

Subsection (1)(a) shall not apply to any public officer while on duty, and subsection (1)(b) shall not apply to any person authorized by the Company to carry any such dangerous goods for the purposes of the operation, management or maintenance of the Cable Car System.

No person shall smoke or carry a lighted pipe, cigar or cigarette or naked flame in any form on any part of the Cable Car System or in any part of the Cable Car System area where smoking is prohibited by notice.

No person, except an authorized official or unless and to the extent authorized by an authorized official, shall—

No person, except an authorized official or unless authorized by an authorized official, shall retain any key to any gate or door to or on the Cable Car System or to or in the Cable Car System area and if such a key comes into the possession of a person, the person shall immediately surrender the key to an authorized official.

In cases of accident or other emergency, a person may operate, move, or work any switch, lever, mechanical or electrical appliance or other device on the Cable Car System or in the Cable Car System area on or near which is displayed a notice that it is intended to be operated in cases of accident or emergency.

No person shall, at any time while in the Cable Car System area—

A person who contravenes this section is liable to the Company for the amount of the damage done to any property or personal injury caused to the authorized officials of the Company or damage or injury suffered by any other person without prejudice to any penalty incurred as a result of the contravention of this section.

The Company may, in such manner as it thinks fit, remove and detain any vehicle in respect of which a contravention of section 44 is committed and may charge the owner or driver of the vehicle all costs and expenses occasioned by and incidental to such removal and detention without prejudice to any penalty incurred as a result of the contravention of that section.

As soon as practicable after a vehicle has been detained under subsection (1), the Company shall—

The notice referred to in subsection (2)(a) or (b) shall inform the registered owner or members of the public, as the case may be—

If a vehicle is not removed in accordance with the notice served or displayed under subsection (2), the vehicle shall become the property of the Company free from the rights of any person and may be disposed of by the Company by sale or otherwise as it thinks fit.

If, within 6 months after the day on which a vehicle is sold pursuant to subsection (4), any person satisfies the Company that at the time the vehicle became the property of the Company by virtue of that subsection, he was the owner of the vehicle, the Company shall pay to such person the balance of the proceeds of sale after deducting any costs and charges of removal and detention and any reasonable charges incurred by the Company in respect of the sale of the vehicle.

A notice under subsection (2)(a) may be served personally or by post.

All lost property found on the Cable Car System or in the Cable Car System area which comes into the possession of the Company shall be dealt with as follows—

If, within a period of 6 months of any sale or disposal by the Company under subsection (1)(a) or (c), the former owner or the person formerly entitled to the beneficial ownership of the goods establishes his ownership to the satisfaction of the Company, he shall be paid, subject to his providing the Company with an indemnity as the Company may reasonably require, the proceeds of sale, if any, less all expenses incurred by the Company of and incidental to the sale or disposal and, if after the end of that period the proceeds of sale, if any, less all expenses incurred by the Company of and incidental to the sale or disposal remain unclaimed, the Company shall donate the balance of the proceeds to charitable organizations on such terms and conditions as it thinks fit.

Save as provided in subsection (2), the Company shall incur no liability whatsoever, other than liability for gross negligence or wilful default, to any person in respect of lost property as bailees or otherwise and no claim for damages or compensation shall be brought against it by any person in respect of the same.

Any person who is reasonably suspected by an authorized official of contravening or attempting to contravene a provision of this Bylaw, while on the Cable Car System or in the Cable Car System area shall, when required to do so by such authorized official—

An authorized official may remove (if necessary by the use of reasonable force) from the Cable Car System or Cable Car System area any person whom he reasonably suspects of having contravened or attempting to contravene a provision of this Bylaw; without prejudice to any penalty or surcharge which may be imposed in accordance with this Bylaw, and in the case where such contravention is an offence under this Bylaw, the authorized official may detain such person until that person can be delivered into the custody of a police officer to be dealt with according to law.

Nothing in this Bylaw or the failure to institute any prosecution, or to take any step or action under this Bylaw shall bar any further or other claim for damages or other remedy or relief available to the Company against any person.

Any sum payable to the Company under this Bylaw or otherwise (including, without limitation, any charge, fare, excess fare or surcharge) whether by way of debt, damages, costs, loss, expense or otherwise shall be receivable by the Company or its lawful agents as a debt due on demand and shall be enforceable as a civil debt.