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

41A. Interpretation
In this Part, unless the context otherwise requires—
authorized employee (獲授權僱員) means an employee of the Corporation or other person authorized in writing by the Corporation for the purposes of any by-law in this Part;
cross-boundary restricted area (過境限制區) means for the purposes of this Part an area declared under by-law 41B to be a cross-boundary restricted area, such area being an area referred to in sections 34(1A)(b) and 35(6) of the Ordinance;
permit (許可證) means any permit issued under this Part or any permit that is regarded under by-law 41F(2) as a permit issued by the Corporation under this Part;

permit holder (許可證持有人) means—
(a) in relation to a pool permit, the authorized employee to whom the permit is issued and includes any person using a pool permit by authority of such authorized employee; and
(b) in relation to a standard permit, the person in whose name the permit is issued;

pool permit (共用許可證) means a permit issued to an authorized employee under by-law 41F(1);
standard permit (標準許可證) means a permit issued to a person under by-law 41F(1).

41B. Gazette notice relating to cross-boundary restricted areas
(1) The Corporation may, by notice published in the Gazette, declare any area within the railway premises including the paid area to be a cross-boundary restricted area.
(2) A declaration under paragraph (1) may declare any area to be a cross-boundary restricted area either absolutely or on specified days or during specified hours in any day.

41C. Demarcation of cross-boundary restricted areas
The Corporation shall cause the boundaries of or entrances to every cross-boundary restricted area to be demarcated by signs or in such other manner as will reasonably indicate the cross-boundary restricted area to members of the public who might enter that area.

41D. Plan showing cross-boundary restricted areas
(1) The Chief Executive Officer may prepare and certify a plan delineating the area and boundaries of any cross-boundary restricted area and shall from time to time prepare and certify a new plan in substitution therefor and may from time to time endorse on such plan or substituted plan any amendment thereto and shall certify such endorsement.
(2) The Chief Executive Officer shall certify any plan or amendments thereto under paragraph (1) by endorsing the certificate on the plan.
(3) Every plan certified under this by-law shall be kept in the head office of the Corporation and a copy shall be available for public inspection at the Station Manager’s office at the Hung Hom Station.

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

41E. Prohibition of persons without permit in cross-boundary restricted areas
Subject to the provisions of this Part, no person shall enter or remain in a cross-boundary restricted area unless he has on his person a valid permit issued to him in respect of that area.

41F. Conditions of issue of type of permits
(1) Subject to by-law 41G, the Corporation may issue—
(a) a pool permit to any authorized employee free of charge; and
(b) a standard permit to any other person on an application being made therefor in accordance with conditions specified from time to time by the Corporation and on payment of the prescribed fee set out in Schedule 1,
and the pool permit or standard permit, whichever is appropriate, shall be in such form and be issued subject to such conditions as may be specified by the Corporation from time to time.
(2) Without prejudice to the generality of the power of the Corporation to cancel any permit under by-law 41H, all permits which were issued by the KCRC before the Merger Date and which continue to have effect from the Merger Date until their expiry by virtue of section 3(2)(b) of the Kowloon-Canton Railway Corporation (Suspension of Bylaws) Bylaw 2007 (L.N. 162 of 2007) shall from the Merger Date be regarded as permits issued by the Corporation under this Part.

41G. Power to refuse issue of permits
The Corporation may refuse to issue a permit if it appears to it that the person requiring the permit or for whom it is required—
(a) is, for any reason related to or connected with the security of the railway, not a fit person to have access to a cross-boundary restricted area; or
(b) has no valid or sufficient reason for having access to a cross-boundary restricted area.

41H. Cancellation of permits
The Corporation—
(a) shall cancel a permit if it appears to it that the permit holder—
(i) is, for any reason related to or connected with the security of the railway, not a fit person to have access to a cross-boundary restricted area; or
(ii) has no valid or sufficient reason for having access to a cross-boundary restricted area; and
(b) may cancel a permit—
(i) on the ground that any condition subject to which it was issued has been contravened;
(ii) on the ground that the permit holder or his employer has contravened any of these by-laws; or
(iii) in any case where it is satisfied that the permit has been lost, destroyed or defaced.

41I. Notification of cancellation of permits
When a permit is cancelled under by-law 41H, the Corporation shall notify the permit holder and, if the Corporation thinks fit, the employer (if any) of the permit holder accordingly.

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

41J. Surrender of permit by employee
A permit holder shall, upon receipt of a notice under by-law 41I, save where the notice relates to a permit which has been lost or destroyed, forthwith surrender his permit to—
(a) the Corporation;
(b) an authorized employee specified in the notice for the purpose; or
(c) the employer of the permit holder if specified in the notice for the purpose.

41K. Surrender of permit by employer
An employer to whom a permit has been surrendered by virtue of a notice under by-law 41I shall forthwith surrender that permit to the Corporation or an authorized employee specified in the notice.

41L. Notification by employer
The employer of a permit holder shall, if the nature of the employment of the permit holder no longer requires that he has access to any cross-boundary restricted area specified in his permit, or if the permit holder ceases to be employed by him, without delay—
(a) inform the Corporation accordingly;
(b) take possession of the permit from the permit holder; and
(c) surrender the permit to the Corporation.

41M. Cessation of employment of permit holder
A permit holder who ceases to be employed by the person who was his employer at the date of the issue of the permit shall, immediately upon the cessation of his employment, surrender his permit to that person.

41N. Exempted persons
Subject to by-law 41O, the provisions of by-law 41E shall not apply to—
(a) any bona fide train crew member or bona fide train passenger who is in the course of passage through any immigration control or train boarding area or in an area set aside for the purposes of the Customs and Excise Service, which is within a cross-boundary restricted area—
(i) having disembarked from a train; or
(ii) for the purpose of embarking upon a train of which he is a train crew member or train passenger; or
(b) any bona fide train passenger awaiting an outward train journey in any area reserved for passengers which is within a cross-boundary restricted area.

41O. Conditions for exemption
No person shall be exempt from the provisions of by-law 41E by virtue of by-law 41N unless—
(a) being a train crew member, he is in possession of a valid railway personnel pass issued pursuant to an agreement between the Corporation and any third party which provides any service for the carriage of freight or passengers to Hong Kong from any other part of China and vice versa with the Corporation;
(b) being a departing passenger, he is in possession of a valid travel document and a valid ticket; or
(c) being an arriving passenger, he is in possession of a valid travel document,
and the train from which he has disembarked or upon which he is embarking or awaiting, is a through train travelling from or to any part of China other than Hong Kong.