### North-west Railway By-laws 《九廣鐵路公司條例》

37. Disposal of lost property (Suspended L.N. 162 of 2007 s. 2)

(With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.)
(1) All articles or objects found and which come into the possession of the Corporation shall be dealt with as follows—
(a) perishable, noxious or otherwise offensive goods or articles may be disposed of by the Corporation by sale or otherwise as in its absolute discretion it sees fit as soon as practicable after the same comes into its possession;
(b) all other articles or objects shall be retained by the Corporation for a period of 1 month after they have come into its possession and, if at the end of that period they remain unclaimed, they shall be deemed to become the absolute property of the Corporation free from any other rights and encumbrances, and the Corporation may dispose of them by sale or otherwise and at such price (if any) as the Corporation in its absolute discretion thinks fit.
(2) If within a period of 6 months from the date of any sale by the Corporation of any article or object the former owner thereof (which expression includes the person formerly entitled to the beneficial interest therein) establishes to the satisfaction of the Corporation prior lawful ownership of the article or object the former owner shall be paid the proceeds of sale less all expenses incurred by the Corporation in respect of and incidental to such sale provided that the former owner shall provide the Corporation with an indemnity in such form as may be required by the Corporation as a pre-condition to payment by the Corporation of any such sale proceeds.
(3) The Corporation shall not be liable to any person for any loss or damage whatsoever and howsoever arising from the loss of any article or object or the retention, sale or other disposal thereof or the restoration under by-law 37(2) of any article or object to a person other than the former lawful owner thereof.

### North-west Railway By-laws 《九廣鐵路公司條例》

38. Payment of sums sufficient to indemnify Corporation (Suspended L.N. 162 of 2007 s. 2)

(With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.)
Any passenger or person or the owner of any animal, vehicle, luggage, goods, articles or things howsoever mentioned or referred to in these by-laws shall pay to the Corporation the amount of all or any sum or sums required to indemnify the Corporation or any official of the Corporation from and against all or any claim made by or on behalf of any passenger or owner or other person including personal representatives of the same arising out of the carriage or custody by the Corporation or any official of the Corporation of any animal, vehicle, luggage, goods, articles or things and any cost, loss, damage or expense incurred in connection herewith and the Corporation shall hold any such sums paid in respect of any such claims against any cost, damage, loss or expense of any official of the Corporation in trust for the official concerned.

39. Limitations and exemptions (Suspended L.N. 162 of 2007 s. 2)

(With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.)
The Corporation in making these by-laws do so for themselves and for and on behalf of each and every official of the Corporation and the payment of a fare or the acceptance of a ticket by any passenger or person shall be conclusive evidence of his or their agreement that each and every limitation and exemption afforded to the Corporation by these by-laws or all or any of them shall extend to each such official.

### North-west Railway By-laws 《九廣鐵路公司條例》

40. Removal of persons from railway (Suspended L.N. 162 of 2007 s. 2)

(With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.)
(1) Any person who is reasonably suspected of committing or attempting to commit any offence against any of these by-laws shall produce proof of his identity and give his name, telephone number and address to an official of the Corporation when required to do so and any official of the Corporation may without warrant arrest that person and forthwith remove him from any bus or the railway and take him to a police station to be dealt with in accordance with the Police Force Ordinance (Cap. 232). (L.N. 212 of 2000)
(2) An official acting in execution of the powers conferred under by-law 40(1) shall produce the authorization issued by the Corporation in accordance with by-law 2 prior to executing those powers.
(3) The powers conferred under by-law 40(1) are in addition to the power of arrest under section 38 of the Ordinance.
(4) No person shall wilfully provide false information when required to provide information under by-law 40(1). (L.N. 205 of 1994)

41. Penalties (Suspended L.N. 162 of 2007 s. 2)

(With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.)
A person who contravenes a by-law set out in the first column of the Schedule commits an offence and is liable to the penalty set out in the second column of that Schedule opposite the reference to that by-law.

### North-west Railway By-laws 《九廣鐵路公司條例》

42. Preservation of other causes of action (Suspended L.N. 162 of 2007 s. 2)

(With effect from 2 December 2007, the operation of these by-laws is suspended during the Concession Period referred to in s. 2(1) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372). For details, please see L.N. 162 and 200 of 2007.)
(1) Unless the context otherwise requires 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 which the Corporation or its agents or other persons may be entitled to prosecute or bring.
(2) Any sum levied by or payable to the Corporation or its agents (including, without limitation, any fare, or surcharge) whether by way of penalty, debt, damages, costs, loss, expense or otherwise shall be due to the Corporation or its lawful agents as a debt due on demand and shall be enforceable as a civil debt.