Q10. How should lost property left on MTR premises or trains be dealt with?
Lost Property
A person who finds any lost property in or upon any part of the railway premises shall report to an official at the nearest station, and no person other than a person duly authorized to act on behalf of the MTR Corporation Limited shall remove from any train or carriage any property lost or left behind therein, save for the purpose of handing over the same forthwith to a person duly authorized to act on behalf of the MTR Corporation Limited: see By-law 40 of the Mass Transit Railway By-laws (Cap. 556B).
A person who contravenes By-law 40 of the Mass Transit Railway By-laws (Cap. 556B) commits an offence and is liable to a fine of HK$2,000: see By-law 43 and Schedule 2 of the Mass Transit Railway By-laws (Cap. 556B).
Disposal of lost property
Under By-law 41(1) of the Mass Transit Railway By-laws (Cap. 556B), all lost property which comes into the possession of the MTR Corporation Limited shall be dealt with as follows—
- perishable, noxious or otherwise offensive goods or articles may be disposed of by the MTR Corporation Limited as soon as practicable after they have come into its possession by sale or otherwise as it sees fit;
- identification and travel documents, certificates or any other document which the MTR Corporation Limited shall regard to be of an important or confidential nature may be disposed of by the MTR Corporation Limited within such time they have come into its possession and in such manner as it sees fit; and
- all other goods or articles shall be retained by the MTR Corporation Limited 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 property of the MTR Corporation Limited free of all other rights and encumbrances, and it may dispose of them by sale or otherwise as it sees fit.
If within a period of 6 months of any sale or disposal by the MTR Corporation Limited the former owner or the person formerly entitled to the beneficial ownership of the goods can establish his ownership to the satisfaction of the MTR Corporation Limited, he shall be paid, subject to his providing the MTR Corporation Limited with an indemnity in retention as the MTR Corporation Limited may reasonably require, the proceeds of sale, if any, less all expenses incurred by the MTR Corporation Limited of and incidental to the sale or disposal: see By-law 41(2) of the Mass Transit Railway By-laws (Cap. 556B).
Save as provided in By-law 41(2) of the Mass Transit Railway By-laws (Cap. 556B), the MTR Corporation Limited shall incur no liability whatsoever to any person in respect of lost property as bailees or otherwise and no claim for damages or compensation shall be brought against it by any person in respect of the same: see By-law 41(3) of the Mass Transit Railway By-laws (Cap. 556B).
Without prejudice to the generality of any of the Mass Transit Railway By-laws (Cap. 556B), the MTR Corporation Limited shall have a special lien on all motor vehicles, motorcycles, bicycles or any similar conveyance or on luggage, goods or articles howsoever brought by any person upon the railway premises including any train of the MTR Corporation Limited and accepted for carriage on the railway or storage by the MTR Corporation Limited and shall also have a general lien against the owner of any such motor vehicles, motorcycles, bicycles, similar conveyances, luggage, goods or articles for any sum of money howsoever due on any account from such person or owner to the MTR Corporation Limited: see By-law 44A(1) of the Mass Transit Railway By-laws (Cap. 556B).
If any lien is not satisfied within a reasonable time, the MTR Corporation Limited may, in its absolute discretion, sell the motor vehicles, motorcycles, bicycles or similar conveyances or the luggage, goods and articles or any part of them and apply the proceeds so arising in or towards the discharge of such lien including for the expenses of sale; and the balance of any proceeds if unclaimed within a period of 4 weeks following the sale shall become the general revenue of the MTR Corporation Limited free from any claims in relation to it: see By-law 44A(2) of the Mass Transit Railway By-laws (Cap. 556B).