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Following is a question by the Hon Wu Chi-Wai and a written reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (May 13):
Question:
The former Secretary for Transport and Housing indicated in 2007 that the newly established MTR Corporation Limited (MTRCL) would conduct a comprehensive review of the Mass Transit Railway By-laws (Cap. 556 sub. leg. B) and the Mass Transit Railway (North-West Railway) Bylaw (Cap. 556 sub. leg. H) (collectively referred to as "the two sets of bylaws") within 12 months after the merger of the MTR Corporation Limited and the Kowloon-Canton Railway Corporation. In June 2010, the Government submitted to the Subcommittee on Matters Relating to Railways of this Council the proposed amendments to the two sets of bylaws put forward by MTRCL, but has given no account of the progress afterwards. Regarding the implementation of and amendments to the two sets of bylaws, will the Government inform this Council:
(1) whether the Government has already ceased its work on amending the two sets of bylaws; if it has, whether it is because the Government sees no need for making such amendments or the Government has ceased the relevant work upon the request of MTRCL, and whether the Government will restart the relevant amendment procedures; if it will, of the details; if it will not, the reasons for that;
(2) whether it knows the respective total current numbers and contents of the notices and indicators within the railway premises under section 21 of the Mass Transit Railway By-laws and section 18 of the Mass Transit Railway (North-West Railway) Bylaw; and
(3) of the respective numbers of prosecutions instituted under the two sets of bylaws in each of the past three years, with a breakdown by unlawful act?
Reply:
President,
My reply to the various parts of the Hon Wu Chi-wai's question is as follows.
The primary objective of both the Mass Transit Railway By-laws and the Mass Transit Railway (North-west Railway) Bylaw is to ensure safe, reliable and efficient railway services. The Mass Transit Railway By-laws stipulate that every person while on the railway premises (excluding the North-west Railway) shall comply with those by-laws and with all notices, indicators and all reasonable directions and requests of any official (i.e. any person duly authorised to act on behalf of the MTR Corporation Limited (MTRCL)). The Mass Transit Railway (North-west Railway) Bylaw originates from the Kowloon-Canton Railway Corporation's era before the rail merger (in 2007), and it becomes a by-law under MTRCL after the rail merger. According to this Bylaw, every person while on a bus (i.e. MTR feeder bus) or vehicle (i.e. Light Rail Vehicle) of the North-west Railway or on any part of its railway premises shall comply with all notices, indicators and all reasonable directions and requests of officials.
The notices and indicators issued in accordance with the two sets of by-laws cover the following major areas:
(1) Conduct of passengers: prohibition of, for example, smoking, consumption of food or beverage, hawking, causing a nuisance, carriage of dangerous goods;
(2) Fares and tickets: for example, passengers shall pay fares specified by MTRCL, and those without a ticket or those who fail to pay fares are prohibited from entry into paid areas or travel on trains/Light Rail Vehicles/MTR feeder buses, etc.;
(3) Hawking, loitering and posting of bills: prohibition of, for example, hawking, bill posting, unauthorised display of materials for the purpose of advertisement, etc.; and
(4) Trespass and damage to railway premises: for example, no person shall be allowed to construct or erect any kind of building without the approval of MTRCL, and to improperly touch or use any machine or equipment within railway premises.
According to MTRCL, there are currently a total of more than 46 000 notices and indicators as referred to in the Mass Transit Railway By-laws at various locations within railway premises (including heavy rail stations, trains, depots and operations facilities); and there are currently a total of more than 24 000 notices and indicators as referred to in the Mass Transit Railway (North-west Railway) Bylaw at various locations within the North-west railway premises (including Light Rail stops, vehicles, depots and operations facilities).
In 2012, 2013 and 2014, MTRCL instituted 2 182, 1 350 and 936 prosecutions respectively in accordance with the Mass Transit Railway By-laws; and 88, 126 and 94 prosecutions respectively in accordance with the Mass Transit Railway (North-west Railway) Bylaw. Details are listed in the Annex.
At the early stage after the rail merger, the review on the Mass Transit Railway By-laws and the Mass Transit Railway (North-west Railway) Bylaw was discussed at the meetings of the Legislative Council Panel on Transport Subcommittee on Matters Relating to Railways in January 2009 and June 2010. After several rounds of discussion at the time, no clear direction was formed on how the two sets of by-laws should be amended. MTRCL has subsequently reviewed the matter and considers that the two sets of by-laws by and large adequately facilitate safe, reliable and efficient railway services. As such, it is not necessary to amend the two sets of by-laws. As mentioned above, the two sets of by-laws are similar. However, as they are applicable to two different systems (the heavy rail is a closed system and carries more passengers; whilst the Light Rail and MTR feeder buses are open systems and carry less passengers), each of which has its own uniqueness from the operations point of view, hence there are differences in individual clauses. For example, the Mass Transit Railway By-laws have more detailed and concrete restrictions with regard to carriage of luggage, whilst the Mass Transit Railway (North-west Railway) Bylaw has more detailed restrictions on dangerous driving. MTRCL has considered whether it is necessary to integrate the two sets of by-laws. In view of the overall operations experiences since the rail merger in 2007, the Corporation is of the view that railway services will not be adversely affected while keeping the two sets of by-laws.
Ends/Wednesday, May 13, 2015
Issued at HKT 14:46
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