Prohibition of operation of public bus service except under franchise
(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-
(i) persons arriving in or intending to leave Hong Kong by aircraft, railway, ferry vessel, ship or motor vehicle;
(ii) persons meeting or accompanying the persons referred to in sub-paragraph (i); or
(iii) persons employed by an airline or the agent of an airline, or by any travel, shipping or railway agent; (Replaced 44 of 1984 s. 5)
(c) an hotel service, that is to say, a service for the carriage of passengers residing at an hotel where every passenger is taken up or set down at the hotel;
(d) a student service, that is to say, a service for the carriage to or from a school, university or other educational establishment of students thereof, persons accompanying or in charge of such students or who teach at the school, university or other educational establishment;
(e) an employees' service, that is to say, a service provided by an employer for the carriage to or from their place of work of passengers who are persons employed by him; (Amended 44 of 1984 s. 5)
(f) a residents' service, that is to say, a service approved by the Commissioner, after considering the interests of any grantee franchised to operate over any part of the route to be covered by the service and any other relevant matter, and provided by or on behalf of the management, residents or owners of any residential development for the carriage of passengers to or from the residential development; (Added 44 of 1984 s. 5)
(g) a multiple transport service, that is to say, a service (other than a service provided mainly for the carriage of passengers to or from a residential development) 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 to be made, to or to the vicinity of a place from or through which the journey is made, approved by the Commissioner, after considering the interests of any grantee franchised to operate over any part of the route to be covered by the service and any other relevant matter, for the carriage of passengers by a public bus service in combination with carriage by another mode or modes of public transport service from one departure point to one destination and where a combined fare is paid for the whole journey, single or return, at a place other than at the boarding point of the bus or on the bus. (Added 44 of 1984 s. 5. Amended 66 of 1984 s. 13)
(4) For the purposes of this Ordinance, a payment made by a person entitling him to be carried as a passenger in a bus shall be treated as a separate fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made.