### Mass Transit Railway By-laws 《香港鐵路附例》

41P. Lost permits
If a permit has been lost, the permit holder shall, without delay, report the loss and the circumstances thereof to—
(a) his employer (if any) or, where the permit holder has no employer or is himself an employer, to the Corporation or an authorized employee; and
(b) the officer in charge of the police station nearest the place where the permit holder ordinarily resides.

41Q. Employer to report lost permits
Where a report has been received by an employer as to the loss of a permit and the circumstances thereof, he shall, without delay, report such loss and the circumstances thereof to the Corporation.

41R. Persons finding permits
Any person who finds a permit shall, without unreasonable delay, deliver it to the Corporation or any authorized employee or to the officer in charge of any police station.

41S. Replacement permits
Where a permit has been lost, destroyed or defaced, application may be made to the Corporation by the person to whom the permit has been issued or the employer of that person for the issue of a replacement permit and the Corporation, upon being satisfied as to such loss, destruction or defacement, may, upon payment of the prescribed fee set out in Schedule 1 in the case of an applicant who is not an authorized employee, issue to the permit holder a replacement permit in substitution for the permit which has been lost, destroyed or defaced.

41T. Exemption for Government officers
By-law 41E shall not apply to a police officer, an immigration officer or immigration assistant within the meaning of section 2(1) of the Immigration Ordinance (Cap. 115), an officer of the Fire Services Department, a member of the Chinese People’s Liberation Army, a member of the Customs and Excise Service within the meaning of the Customs and Excise Service Ordinance (Cap. 342), the Commissioner, the Deputy Commissioner or an officer of the Independent Commission Against Corruption who requires access to the railway premises or any part thereof for the performance of his duty in circumstances of such urgency that the performance of his duty might be frustrated or seriously impaired if such by-law was to apply to him.

41U. Power to exempt other classes of person
The Corporation may, by notice in writing and subject to such conditions as it may impose, exempt any person or class of person from all or any of the requirements for entry into a cross-boundary restricted area.

41V. Fees
The fees prescribed under these by-laws are set out in Schedule 1.

### Mass Transit Railway By-laws 《香港鐵路附例》

42. Removal of persons from railway premises
(1) Any person who is reasonably suspected by an official of committing or attempting to commit any breach of these by-laws, while in or upon any part of the railway premises shall, when required to do so by such official—
(a) give to that official true and correct particulars of his name and address and of his telephone number, if any, and produce proof to that effect for inspection; and 
(b) produce to that official proof of his identity for inspection. (L.N. 8 of 1998)
(1A) No person shall wilfully—
(a) fail to comply with a requirement under paragraph (1); or
(b) in complying or attempting to comply with a requirement under paragraph (1)(a), give false particulars of his name, address or telephone number or particulars of his name, address or telephone number that are misleading in a material particular. (L.N. 8 of 1998)
(2) Every official shall have the power to remove (if necessary by the use of reasonable force) from the railway premises any person whom he reasonably suspects of having committed, or attempting to commit any breach of these by-laws; without prejudice to any penalty or surcharge which may be imposed in accordance with these by-laws and in the case where such breach is an offence as herein provided he shall have power to detain such person until he can be delivered into the custody of a police officer to be dealt with according to law. (L.N. 201 of 1994)

43. Offences and penalties
A person who contravenes a by-law set out in the first column of Schedule 2 commits an offence and is liable to the penalty set out in the third column of that Schedule opposite the reference to that by-law.
(L.N. 156 of 2007)

44. Saving of Corporation’s rights
(1) Nothing in these by-laws and no prosecution or step or action hereunder shall bar any further or other claim for damages or other remedy or relief available to the Corporation against any person.
(2) Any sum leviable by or payable to the Corporation under these by-laws or howsoever otherwise (including, without limitation, any fare, excess fare or surcharge) whether by way of debt, damages, costs, loss, expense or otherwise shall be receivable by the Corporation or its lawful agents as a debt due on demand and shall be enforceable as a civil debt.

### Mass Transit Railway By-laws 《香港鐵路附例》

44A. Special and General Lien
(1) Without prejudice to the generality of any of these by-laws, the Corporation shall have a special lien on all motor vehicles, motorcycles, bicycles or any similar conveyance or on luggage, goods or articles howsoever brought by any person upon the railway premises including any train of the Corporation and accepted for carriage on the railway or storage by the Corporation under by-law 39C and shall also have a general lien against the owner of any such motor vehicles, motorcycles, bicycles, similar conveyances, luggage, goods or articles for any sum of money howsoever due on any account from such person or owner to the Corporation.
(2) If any lien is not satisfied within a reasonable time, the Corporation may, in its absolute discretion, sell the motor vehicles, motorcycles, bicycles or similar conveyances or the luggage, goods and articles or any part of them and apply the proceeds so arising in or towards the discharge of such lien including for the expenses of sale; and the balance of any proceeds if unclaimed within a period of 4 weeks following the sale shall become the general revenue of the Corporation free from any claims in relation thereto.
(L.N. 156 of 2007)

45. Liability of staff
The acceptance of a ticket by a passenger or person shall be conclusive evidence of his agreement that each and every limitation and exemption from liability afforded to the Corporation by these by-laws shall extend to each official, servant or agent of the Corporation.

46. Proper law to be laws of Hong Kong
(1) Any dispute howsoever arising directly or indirectly under or in respect of these by-laws or any of them in regard to any matter, act, event, or thing of whatsoever nature arising or occurring hereunder shall be governed by and interpreted in accordance with the laws of Hong Kong wherever the matter, act, event or thing shall take place and whatever the nationality, domicile or usual place of residence of any person or party to such dispute and every action or claim arising directly or indirectly therefrom brought by or against the Corporation shall be and the same is hereby submitted to the exclusive jurisdiction of a competent court of jurisdiction in Hong Kong.
(2) It is hereby expressly agreed and declared by the persons or parties to whom these by-laws and any special conditions made hereunder refer that the Corporation is resident in Hong Kong and that the exercise of its central management and control is exercised in Hong Kong.
(L.N. 156 of 2007)

### Mass Transit Railway Ordinance 《香港鐵路條例》

1. Short title
(Amended E.R. 6 of 2019)(1) This Ordinance may be cited as the Mass Transit Railway Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)