Provisional Legislative Council
Panel on Transport

Kowloon-Canton Railway Corporation (Amendment) Bylaw 1997
North-west Railway (Amendment) Bylaw 1997
Mass Transit Railway (Amendment) Bylaw 1997


INTRODUCTION

On 28 November 1997 the Secretary for Transport gave notice of his intention to move a motion to amend the Kowloon-Canton Railway Corporation Bylaws, the North-west Railway Bylaws and the Mass Transit Railway Bylaws at the Provisional Legislative Council (PLC) sitting on 17 December 1997. At its meeting on 5 December 1997, the House Committee considered that the Administration should be asked to defer moving the motion, as a few drafting points relating to the amendment bylaws had not been sorted out. Copies of the Kowloon-Canton Railway Corporation (Amendment) Bylaw 1997, North-west Railway (Amendment) Bylaw 1997, and Mass Transit Railway (Amendment) Bylaw 1997 are at Annexes A to C.

BACKGROUND

2.On 1 September 1997, the Kowloon-Canton Railway Corporation (KCRC) and the Mass Transit Railway Corporation (MTRC) introduced a new ticketing system, the Octopus, jointly with Kowloon Motor Bus Company (1933) Limited, Citybus Limited, and Hongkong & Yaumati Ferry Company Limited. The new ticketing system adopts the contactless smart card technology, and will replace the Common Stored Value Tickets now in use on both the MTR and the East Rail, and the multi-ride passes in use in the Light Rail Transit (LRT) system. The sale of Common Stored Valued Tickets, and the use of the LRT multi-ride passes, will stop on 1 January 1998.

THE BYLAW AMENDMENTS

3.The amendment bylaws were made by the MTRC and KCRC under the respective ordinances in late July and early August this year.

KCRC (Amendment) Bylaw 1997

4.The main objective of the KCRC (Amendment) Bylaw 1997 is to update the bylaws to ensure more effective control and regulation of carriage of passengers on the East Rail. The major amendments include -

  1. refining existing provisions to include smart cards in the ticketing system;

  2. extending the prohibition against entry and travel without tickets or travel with inappropriate tickets to passengers using smart cards; and

  3. refining existing provisions to enable the Corporation to deduct fares from smart cards held by passengers and to impose surcharges on smart card holders who breach the relevant bylaws.

North-west Railway (Amendment) Bylaw 1997

5.Similarly, the North-west Railway (Amendment) Bylaw 1997 aims to update the bylaws to ensure more effective control and regulation of carriage of passengers in the LRT system. The major amendments include -

  1. refining existing provisions to include smart cards in the ticketing system;

  2. extending the prohibition against entry and travel without payment of fare or travel with inappropriate tickets and against travelling with damaged tickets to passengers using smart cards; and

  3. refining existing provisions to enable the Corporation to deduct fares from smart cards held by passengers and to impose surcharges on passengers who breach the relevant bylaws.

MTR (Amendment) Bylaw 1997

6.The MTR (Amendment) Bylaw 1997 updates the definition of " conditions of issue " by extending it to cover those conditions published by other persons on behalf of the MTRC.

7.The amendment bylaws also seek to extend the Corporation's powers to require a person who is reasonably suspected of committing or attempting to breach the MTR Bylaws to give his personal particulars and proof of identity to an MTRC official upon request, and to make it an offence for failing to provide such particulars or giving false or misleading information.

LEGAL AUTHORITY

8.The KCRC Bylaws, the North-west Railway Bylaws and the MTR Bylaws contain, inter alia, provisions to control and regulate the fare system and carriage of passengers and to provide for the introduction of any ticket for travel on the East Rail, LRT and MTR.

9.Under section 31 of the KCRC Ordinance and section 25 of the MTRC Ordinance, all bylaws made by the KCRC and MTRC are subject to the approval of the Legislative Council.

10.While the amendment bylaws had not been introduced before the smart card ticketing system started operation, the existing provisions in the KCRC Bylaws, the North-west Railway Bylaws and the MTR Bylaws are sufficient for the Corporations to prosecute passengers using the Octopus who breach the bylaws. The amendment bylaws will provide the Corporations with a more effective and direct means of prosecution.

11.The two railway corporations have taken a more lenient approach in the first few months of the Octopus operation towards passengers who breach their bylaws. Apart from educating passengers on the use of the new smart card system, the railway corporations have taken the opportunity to monitor the implementation of the Octopus system and to consider the need for further provisions. Having reviewed the situation, the MTRC and KCRC are keen that the amendment bylaws should come into force as soon as possible to ensure the smooth operation of the new ticketing system.

THE WAY FORWARD

12.The Administration has now sorted out the outstanding drafting points with the PLC Legal Adviser. The Secretary for Transport will give notice of his intention to move a motion to amend these bylaws at the PLC sitting on 7 January 1998.


Transport Bureau
Government Secretariat
10 December 1997