### Peak Tramway Ordinance 《山頂纜車條例》

32. Tender of amends
(1) If any party has committed any irregularity, trespass or other wrongful proceeding in the execution of this Ordinance or by virtue of any power or authority hereby given, and if, before action brought in respect thereof, such party makes tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action.
(2) If no such tender has been made, it shall be lawful for the defendant, by leave of the court wherein such action is pending, at any time before answer filed, to pay into court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. (Amended 51 of 1911; 63 of 1911 Schedule)
(Amended 8 of 1912 s. 25; 20 of 1948 s. 4)

33. Recovery of fares, etc.
Any fare, or penalty imposed by this Ordinance, the recovery of which is not otherwise provided for, may be recovered before a magistrate.
(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 57 of 1986 s. 10)

34. Responsibility of company for damage
The company shall be answerable for all accidents, damages, and injuries happening through its act or default, or through the act or default of any person in its employment, by reason or in consequence of any of its works or tramcars, and shall save harmless all other companies or bodies, collectively and individually, their officers and servants, from all damages and cost in respect of such accidents, damages, and injuries.
(Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 10)

### Peak Tramway By-laws 《山頂纜車附例》

1. Citation
These by-laws may be cited as the Peak Tramway By-laws.

2. Application of by-laws
These by-laws shall apply to the premises (as defined) including tramcars, and all places with respect to which the company has powers to make by-laws.
(16 of 2015 s. 26)

3. Interpretation
In these by-laws—
“official” (職員) means any officer or employee of the company and includes any conductor having charge of any tramcar and any ticket inspector; (16 of 2015 s. 26)
“passengers” (乘客) means members of the public using the tramway or lawfully upon the premises in order to use the tramway;
“premises” (處所) includes all premises of whatsoever nature used in connection with the tramway, including the termini and the tramcars;
“tramcar” (纜車車廂) includes all tramcars or similar vehicles used upon the tramway. (16 of 2015 s. 25)
(16 of 2015 s. 25)

4. No Liability for injury
The company accepts no liability for any loss or damage, whether physical injury or damage, or otherwise, suffered by any persons while on the premises (including the tramcars) except to the extent that such loss or damage involves death or physical injury and is directly attributable to the negligence of the company.
(16 of 2015 s. 26)

5. Compliance with notices
Every person while on the premises shall comply with all notices, signs, indicators and all reasonable directions and requests of any official.

6. Boarding and leaving tramcar
When a tramcar stops, no person shall board the tramcar until directed to do so by an official. In no circumstances shall any person enter, mount or leave, or attempt to enter, mount or leave any tramcar whilst it is in motion.

7. Maximum number of passengers on tramcar
Each tramcar is authorized to carry a maximum number of passengers. If an official determines that a tramcar is full, no person shall enter such tramcar and any passenger shall promptly leave such tramcar if directed by such official to do so.

### Peak Tramway By-laws 《山頂纜車附例》

8. Damage to tramcar
If at any time a tramcar becomes in any way damaged, or from any cause unable to proceed, the passengers shall upon the request of an official leave the tramcar under the direction of the official, and if such passengers have paid their fares, they shall not be entitled to demand back the amount of their fares so paid, but on production of their tickets shall be allowed to travel by the next available tramcar the remainder of the distance in respect of which they have paid their fares. No person shall except with the leave of an official enter a damaged tramcar which is not in use, or is to be withdrawn from use.

9. Non-smoking areas
No passenger shall smoke or carry a lighted pipe, cigar or cigarette in any area within the premises designated by the company by notice to be a non-smoking area.
(16 of 2015 s. 26)

10. Prohibition of musical instruments etc.
No passenger or other person shall play or perform upon any musical instrument, portable radio, cassette player or other audio equipment while upon the premises.

11. Prohibition of spitting etc.
No passenger shall—
(i) spit in, on, from or against any tramcar, or on the premises;
(ii) swear, or use vulgar or abusive language, whilst on the premises;
(iii) place or throw any litter or rubbish upon the premises including in or from the tramcars, except into marked receptacles provided for that purpose;
(iv) place his feet on a seat in any part of the premises including the tramcars; or
(v) otherwise intentionally interfere with the comfort of any other passenger.

12. Conduct of passengers
No person shall conduct himself on any tramcar or in any other part of the premises so as to cause, or be likely in the opinion of an official to cause, a nuisance or annoyance to other passengers.

13. Animals etc.
No person shall bring any animal or other livestock into or upon any part of the premises, other than a guide-dog accompanying a blind person.

14. Consumption of food and drink
(i) No person shall consume, or attempt to consume, any food (including ice-cream) or beverage (whether alcoholic or non-alcoholic) in any tramcar;
(ii) no person in a state of intoxication shall be permitted upon any part of the premises, or to enter or mount upon any tramcar, and if any official believes a person to be in a state of intoxication he may require that person to leave the premises immediately, upon the fare, if already paid, being returned.