1. Concepts of Regulations and By-laws
(a) Regulation
Regulation is generally made by the Secretary for Transport and Logistics as opposed to the company of the buses or the Mass Transit Railway MTR Corporation Limited: see Section 35 of the Public Bus Services Ordinance (Cap. 230); and Section 2 and Section 33 of the Mass Transit Railway Ordinance (Cap. 556).
Regulation has the same meaning as subsidiary legislation and subordinate legislation: see Section 3 of Interpretation and General Clauses Ordinance (Cap. 1). Subsidiary legislation and subordinate legislation mean any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance and having legislative effect.
Examples for regulations are :-
(b) By-laws
By-laws can be made by transportation companies, e.g. public bus company (see Section 36(1) of the Public Bus Services Ordinance (Cap. 230)) and the MTR Corporation Limited (see Section 34 of the Mass Transit Railway Ordinance (Cap. 556)) etc.
All by-laws are subject to the approval of the Legislative Council: see Section 36(2) of the Public Bus Services Ordinance (Cap. 230); and Section 34(3) of the Mass Transit Railway Ordinance (Cap. 556).
Any by-laws may provide that a contravention of specified provisions of the by-laws is an offence and may provide penalties for the offence: see Section 36(3) of the Public Bus Services Ordinance (Cap. 230).
One example of by-laws is the Mass Transit Railway By-laws (Cap. 556B).