### Public Bus Services Ordinance 《公共巴士服務條例》

29. Deductions from permitted return
(1) Subject to such conditions as may be specified in its franchise, there shall be deducted from the permitted return in each accounting year of a grantee—
(a) a charge at the rate specified in its franchise on the average of the opening and closing balances of the Development Fund in the accounting year; and
(b) interest at the rate specified in its franchise on all borrowed capital of the grantee.
(2) Any amounts deducted under subsection (1)(a) shall be added to the Development Fund in the accounts of each accounting year and shall form part of the opening balance of the Development Fund in the next following accounting year.

30. Depreciation
Subject to such conditions as may be specified in its franchise, the annual rates of depreciation and the residual value in respect of the fixed assets of a grantee shall be as specified in its franchise.

31. Review of profit control scheme
The operation of the profit control scheme in respect of a grantee shall be reviewed by the Chief Executive in Council every 2 years.
(Amended 62 of 1999 s. 3)

32. Powers of Financial Secretary to require production of accounts, etc.
The Financial Secretary may require a grantee—
(a) to produce to him, at such time and place as he may specify, such books and statements of account of the grantee; and
(b) to provide to him such information in relation to the public bus service operations of the grantee,
as he may require.

33. Appeal by grantee
(1) A grantee which is aggrieved by any decision, direction or requirement of the Secretary for Transport and Logistics, or a public officer given directions under section 3, or the Commissioner, or any person authorized by him, under this Ordinance or its franchise may, within 28 days of the giving or making of the decision, direction or requirement, appeal by petition to the Chief Executive in Council, and the decision of the Chief Executive in Council on any such appeal shall be final. (Amended 44 of 1984 s. 17; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(2) Where a grantee has appealed under subsection (1), the decision, direction or requirement, as the case may be, shall not have effect until the appeal has been determined, unless the Chief Executive in Council otherwise directs.
(Amended 62 of 1999 s. 3)

### Public Bus Services Ordinance 《公共巴士服務條例》

34. Amendment of Schedule of Routes orders
The Commissioner shall, whenever necessary in consequence of—
(a) the exercise of any power conferred on the Chief Executive in Council by section 14;
(aa) a revocation of a right to operate a public bus service on any specified route by mutual consent of the Commissioner and a grantee or in consequence of an order under section 5(5); (Added 44 of 1984 s. 18. Amended 56 of 1986 s. 22)
(b) a revocation under section 24(2); or
(c) any decision of the Chief Executive in Council on an appeal under section 33,
by order amend the Schedule of Routes order affected thereby.
(Amended 62 of 1999 s. 3)

### Public Bus Services Ordinance 《公共巴士服務條例》

36. By-laws
(1) Subject to this Ordinance and its franchise, a grantee may make by-laws for all or any of the following matters—
(a) the protection of property owned or controlled by the grantee from damage or injury;
(b) the prevention of frauds on the grantee;
(c) the safe and efficient operation of the grantee’s public bus service;
(d) the procedure to be followed in case of accident;
(e) generally as to the conduct of passengers while using the grantee’s buses and in particular (but without prejudice to the generality of the foregoing) for—
(i)-(ii) (Repealed 44 of 1984 s. 20)(iii) requiring a passenger to declare, if so requested by the driver or conductor, the journey he intends to take or has taken in the bus and to pay the fare for the whole of that journey and to accept any ticket provided therefor; (Amended 75 of 1982 s. 114)
(iv) requiring, on demand being made for the purpose by the driver or conductor or other person authorized by the grantee, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him;
(v) requiring a passenger, if so requested by the driver or conductor, to leave the bus on the completion of the journey the fare for which he has paid; (Amended 75 of 1982 s. 114)
(vi) requiring the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him.
(2) All by-laws made under subsection (1) shall be subject to the approval of the Legislative Council.
(3) Any such by-laws may provide that a contravention of specified provisions thereof shall be an offence and may provide penalties therefor not exceeding a fine at level 1. (Amended E.R. 1 of 2021)
(4) A grantee shall cause printed copies of all by-laws made under this section to be kept at its registered office and to be sold at a reasonable charge to any person applying therefor.

### Public Bus Services Ordinance 《公共巴士服務條例》

36A. Further powers in relation to regulations and by-laws
(1) Any regulations made under section 35 or by-laws made under section 36 may—
(a) require a passenger or intending passenger to comply with any reasonable direction given in the interests of public safety by a driver, conductor or authorized person;
(b) authorize the removal from a bus of any person committing an offence against the regulations or by-laws, as the case may be, by the driver, the conductor or an authorized person, or by a police officer at the request of a driver, conductor or authorized person;
(c) require any person whom a driver, conductor or authorized person has reasonable grounds to believe has committed an offence against the regulations or by-laws, as the case may be, to give his name and proof of his identity to the driver, conductor or authorized person;
(d) authorize a driver, conductor or authorized person to arrest without a warrant and detain until he can be handed over to a police officer, any person whom he has reasonable grounds to believe has committed an offence under the regulations or by-laws, as the case may be.
(2) Any such regulations or by-laws may—
(a) authorize a police officer, to whom a person has been handed over under subsection (1)(d), to take such person into custody without a warrant; and
(b) apply sections 51 and 52 of the Police Force Ordinance (Cap. 232) to persons taken into custody under the regulations or by-laws.
(Added 88 of 1988 s. 5)

37. Power to amend Schedule
The Chief Executive may, by order published in the Gazette, amend the Schedule.
(Added 44 of 1984 s. 21. Amended 62 of 1999 s. 3)

38. Transitional
For the avoidance of doubt it is hereby declared that, notwithstanding the provisions of a franchise, agreement or other document under or in pursuance of this Ordinance, which franchise, agreement or document is in existence at the commencement* of the Public Omnibus Services (Amendment) Ordinance 1984 (44 of 1984) (the amending Ordinance

39. Saving of existing regulations
Any regulation made under this Ordinance—
(a) whether in the exercise of the enabling powers in the Ordinance only or those and other enabling powers; and
(b) which was in force immediately before the commencement* of the Public Bus Services (Amendment) Ordinance 1994 (66 of 1994) (the amending Ordinance