| To provide for the granting of franchises to operate public bus services on specified routes, the regulation of the operation and maintenance of such services and for matters ancillary thereto and connected therewith. [1 September 1975] (Originally 59 of 1975) Cap 230 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Public Bus Services Ordinance. (Amended 75 of 1982 s. 114) Cap 230 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "bus" (巴士) has the same meaning as in the Road Traffic Ordinance (Cap374); (Replaced 75 of 1982 s. 114) "Commissioner" (署长) means the Commissioner for Transport; "franchise" (专营权) means the right to operate a public bus service granted under section 5; "franchise period" (专营期) means the period for which a franchise is granted under section 6(1) and any period for which the franchise is extended under section 6(2) or (3); "grantee" (专营公司) means a company to which a franchise has been granted; "North-west Transit Service Area" (西北铁路服务范围) means the North-west Transit Service Area within the meaning of the Kowloon-Canton Railway Corporation Ordinance (Cap 372); (Added 56 of 1986 s. 22) "passenger" (乘客) in relation to a bus means any person carried in or on it other than the driver or conductor or any other employee of the grantee who is in uniform and on duty; (Added 88 of 1988 s. 2) "profit control scheme" (利润管制计划) means the profit control scheme provided for by Part V; "programme" (计划) means a programme in force under section 12A; (Added 44 of 1984 s. 2) "proper and efficient service" (适当而有效率的服务) means a proper and efficient public bus service within the meaning of section 12; (Added 44 of 1984 s. 2) "public bus service" (公共巴士服务) means a bus service for the carriage of passengers for reward at separate fares; "Schedule of Routes order" (路表令) means an order under section 5(1); "specified route" (指明路) means a route specified in the Schedule of Routes order applying in the case of a grantee and any new route on which a public bus service is operated by that grantee in accordance with a requirement under section 14 or 15, or an approval under section 16A. (Amended 44 of 1984 s. 2) Cap 230 s 2A Construction of references to the Ordinance in a franchise, programme or agreement Unless the context otherwise requires, any reference to this Ordinance (whether as the Public Omnibus Services Ordinance 1975 (59 of 1975) or otherwise), or to any provision thereof, franchise, programme, agreement or other document under or in pursuance of this Ordinance shall be deemed to be a reference to this Ordinance or such provision thereof as amended from time to time. (Added 44 of 1984 s. 3) Cap 230 s 3 Power of Chief Executive to give directions to a public officer Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive may give to a public officer such directions as he thinks fit with respect to the exercise or performance of his powers, functions and duties under this Ordinance, either generally or in any particular case. (2) A public officer shall, in the exercise or performance of his powers, functions and duties under this Ordinance, comply with any direction given by the Chief Executive under subsection (1). (Amended 44 of 1984 s. 4; 62 of 1999 s. 3) Cap 230 s 4 Prohibition of operation of public bus service except under franchise PART II PUBLIC BUS SERVICE FRANCHISES (1) A public bus service shall not be operated except under a franchise granted under this Ordinance or another enactment. (2) Any person who- (a) operates, or manages or assists in the management of, a public bus service, or (b) uses, or causes or permits to be used, a bus in the operation of a public bus service,which is operated in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $100000. (3) This section does not apply to a public bus service which is- (a) a tour service, that is to say, a service- (i) for the carriage of passengers at separate fares; (ii) entitling the passengers to travel together on a journey, with or without breaks, from the place or places at which they are taken up (being the same place or 2 or more places in the same vicinity) to one or more other places and back to the place or places at which they were taken up; (iii) in which all the passengers are carried for the greater part of the journey; and (iv) in which no passenger is a person who frequently, or as a matter of routine, travels, at or about the time of day at which the journey is made, to or to the vicinity of a place from or through which the journey is made; (Replaced 72 of 1976 s. 2)(b) an international passenger service, that is to say, a service for the carriage of passengers in either direction between any one or more of the following places, that is to say, the Hong Kong International Airport, Hung Hom Railway Station, Macau Ferry Pier or any other pier, any Hong Kong border crossing, any hotel, airline office or ferry or similar terminal, where the passengers on the service consist only of- |
