KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE

KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE

LAWS OF HONG KONG

KOWLOON-CANTON RAILWAY CORPORATION

ORDINANCE

CHAPTER 372





CHAPTER 372

KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ................................ ... ... ... . ... ... ... ... 3

2. Interpretation...................... ... ... ... ... ... ... ... ... ... 3

PART II

ESTABLISHMENT OF THE KOWLOON-CANTON RAILWAY
CORPORATION

3. Corporation established ......1 ............ ... ... ... 1 ... ... 5
4. Powers of the Corporation .................. ... ... ... ... ... ... ... 5
5. General duty of the Corporation ............ ... ... ... ... ... ... ...
7

6. Powers of the Governor in Council in relation to the Corporation ... ... 7
7. Vesting of assets of the Kowloon-Canton Railway in the Corporation ... 7

PART III

FINANCE

8. General financial duties of the Corporation ... ... ... ... ... ... ... 8

9. Payments to Government ..................... ... ... ... ... ... ... 9
10. Initial capital of the Corporation ......... ... ... ... ... ... ... ... ...
10
11. Borrowing by the Corporation ............... ... ... ... ... ... ... ... 10
12. Limitation of indebtedness ................. ... ... ... ... ... ... ... 11
13. Guarantee by Government .................... ... ... ... ... ... ... ... 11

14. Accounts, audit and annual report .......... ... ... ... ... ... ... ... 12

PART IV

SAFETY OF
RAILWAYS

15................Appointment of inspectors ... ... ... ... ... ... ... ... ... ... ... 12

16..................General powers of inspectors ... ... ... ... ... ... ... ... ... ... 13

17.............................Chief Secretary may order that defects be remedied ... ... ... ... ... 14

18...........................Offence of negligent act or omission by employee ... ... ... ... ... ... 14

19.......................Ofrence of wilfully endangering safety ... ... ... ... ... ... ... ... 15

PART V

EXTENSIONS TO THE RAILWAYS, POWERS OF
ENTRY ETC.

20.............................Power to construct extensions to either of the railways ... ... ... ... ... 15







21................Power to execute work ....... ... ... ... ... ... ... ... ... ... ... 15

22.....................Alteration of pipes, wires and drains ... ... ... ... ... ... ... ... ... 15

23.............................Maintenance of crossings, bridges, arches, culverts, etc . ... ... ... ... ... 16

24. The Kowloon-Canton Railway deemed to have been constructed under this Part 16

25..............Opening of extensions ......... ... ... ... ... ... ... ... ... ... ... 16

26. Power to enter lands............. ... ... ... ... ... ... ... ... ... ... 17





Section Page
27. Removal of trees 17
28. Acquisition of land by the Government for the Corporation 17
29. Claims for compensation 18

PART VI

REGULATIONS AND BY-LAWS

30. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18
31. By-laws ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 19
32. Supplementary provisions relating to by-laws ... ... ... ... .... ... ... ... 21
33. Penalties ... ... ... ... ... ... . ... ... ... ... ... ... ... ... 22

PART VII

MISCELLANEOUS

34. Duty to comply with directions etc . ... ... ... ... ... ... ... ... ... ... 22

34A. Corporation to have control over the laying of cables, pipes, etc. in the wayleave area
22
34B. Application of section 11 of the Tramway Ordinance ... ... ... ... ... ... 22
35. Certain laws not to apply ... ... ... ... ... ... _ ... ... ... 23

35A. Public Bus Services Ordinance not to apply to Corporation's bus services within the
North-west Transit Service Area ... ... ... ... ... ... ... ... ... 23

36. Avoidance of doubt ... ... ... ... ... ... ... ... ... ... ... ... ... 23
37. Corporation may prosecute in its name etc. ... ... ... .. ... ... ... ... 23
38. Arrest of offenders ... ... ... ... ... ... ... ... ... ... ... ... 24

First Schedule ... ... ... ... ... ... ... ... ... ... ... 1 .. ... ... ... ... 24
Second Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25
Third Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 30
Fourth Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 31
Fifth Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 31





CHAPTER 372

KOWLOON-CANTON RAILWAY CORPORATION

To establish a corporation to operate the Kowloon-Canton Railway,
to vest in that corporation the assets of that railway, to construct
and operate the North-west Railway, to make certain provision
as to the safe operation of railways, including provision for
inspection and the investigation of accidents, andfor connected
purposes.

(Amended, 56 of 1986, s. 2)

[24 December 1982.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Kowloon-Canton Railway
Corporation Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires-
(Amended, 56 of 1986, s. 3)

'appointed day' means the day appointed under section 7(1);

'bus' has the same meaning as in the Road Traffic Ordinance;

(Added, 56 of 1986, s. 3)

'Corporation' means the Kowloon-Canton Railway Corporation
established by section 3;

'Development Loan Fund' means the fund established by resolution
ofthe Legislative Council of 22 October 1958;

'financial year' means

(a)the period between the commencement of this Ordinance and
31 December 1983 (inclusive) and thereafter;

(b)each succeeding period of 12 months ending on 31 December
(inclusive);

'inspector' means a person appointed inspector under section 15;

'Kowloon-Canton Railway' means the Kowloon-Canton Railway
(Hong Kong section) and any extension thereof approved under
section20; (Added, 56of1986, s.3)

'land' means immovable property;

'land held by the Crown' means land that is not subject to a right of
occupation recognized by law;

'North-west Railway' means the light rail system serving Tuen Mun
New Town and Yuen Long and any extension thereof approved

under section20;(Added, 56of1986,s. 3)
CAP. 3721 Kowloon-Canton Railway Corporation [1986 Ed.

'North-west Transit Service Area' means the area delineated and coloured red on the plan; (Added, 56 of 1986, s. 3)

'plan', in relation to the boundaries of the North-west Transit Service Area, means

(a) the plan numbered NT 94 signed by the Director of .Buildings and Lands and deposited in the Land Office; and

(b) any new plan deposited in accordance with subsection (2); (Added, 56 of 1986, s. 3)

'railway', except in the Second Schedule, means the Kowloon Canton Railway or, as the case may be, the North-west Railway; (Replaced, 56 of 1986, s. 3)

'railways' means

(a) the Kowloon-Canton Railway; and

(b) the North-west Railway; (Added, 56 of 1986, s. 3)

'railway premises' include

(a) all land belonging to the Corporation, including all land vested in it by section 7(1);

(b) all railway tracks, sidings or branches worked over for the purposes of or in connexion with either of the railways;

(c) all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant, equipment, machinery, and other works, which belong to the Corporation, or are constructed for the purposes of or in connexion with, either of the railways;

(ca) the stops, terminuses and interchanges of the North-west Railway; (Added, 56 of 1986, s. 3)

(d) all railway locomotives or other motive power, trains, rolling stock and vessels which are used for the traffic of either of the railways and belong to the Corporation or are hired or worked by or by the authority of the Corporation;

(e) all works connected with or for the purposes of either of the railways. (Amended, 56 of 1986, s. 21)

(2) The Governor in Council may, upon being satisfied that the Corporation has been consulted about the variation, by order in the Gazette require the Commissioner for Transport to vary the boundaries of the North-west Transit Service Area in such manner as may be specified in the order. (Added, 56 of 1986, s. 3)

(3) The Commissioner for Transport shall prepare a plan showing the variation required by the Governor in Council under subsection (2) and shall deposit that plan in the Land Office; and upon such deposit the boundaries of the North-west Transit Service Area shall be amended to the extent shown in the plan. (Added, 56 of 1986, s. 3)





PART II

ESTABLISHMENT OF THE KOWLOON-CANTON RAILWAY
CORPORATION

3. (1) There shall be established a public authority, to be called the
Kowloon-Canton Railway Corporation, which shall have such powers
and duties as are conferred and imposed on it by, or by virtue of this
Ordinance. (Amended, 56 of 1986, s. 4)

(2) The Corporation shall consist of-

(a) a Chairman appointed by the Governor;

(b) the Managing Director of the Corporation who shall be
appointed in the manner set out in paragraph 4 of the First
Schedule;

(c)not less than 4 nor more than 8 other members appointed by
the Governor,

and the members of the Corporation shall be the governing body
thereof and shall comprise its managing board.

0-A)

(3) The First Schedule shall have effect as respects the
Corporation and the members thereof.

(4) For the removal of doubt it is declared that, save in so far as is
inconsistent with the provisions of this Ordinance, Part VII of the
Interpretation and General Clauses Ordinance shall apply in relation to
the Corporation and appointments thereto.

4. (1) The Corporation shall have power-

(a) to construct the North-west Railway;

(b) to operate the railways for the use of the public;

(c) to extend and improve the railways;

(d)to operate bus services within the North-west Transit Service
Area; and

(e)to engage in such other activities, and perform such other
functions, as the Governor may, after consultation with the
Corporation, permit or assign to it by order published in the
Gazette. (Replaced, 56 of 1986, s. 5)

(2) The powers conferred by subsection (1) shall include power

(a)to enter into and carry out agreements with carriers outside
Hong Kong for the through carriage of goods and passengers
under one contract or at a through charge or in

of

>I-DIl~ector C
'Point n the manner se

bod'uiSe'~;~'f

the same vehicles or containers;







(b)to consign goods from any place in Hong Kong to any -other
place, whether in Hong Kong or elsewhere;

(c)to store within Hong Kong goods which have been or are to
be carried by the Corporation;





(d)to enter into and carry out agreements with any person for
the carrying out by that person, whether as agent for the
Corporation or otherwise, of any of the activities which the
Corporation may itself carry on;

(e)to determine the fares payable by persons travelling on the
railways and on bus services within the North-west Transit
Service Area and the charges made for the transportation
and storage of goods and for other services; (Amended,
56 of 1986, s. 5)

(f)without derogation from the generality of subsection (1)
(d), to operate bus or ot-her motor vehicle transport services
to and from railway premises; (Replaced, 56 of 1986, s. 5)

(g)to provide facilities for the purchase and consumption of
food and drink, places of refreshment and such other
amenities and facilities as it may appear to the Corpora-
tion requisite or expedient to provide;

(h)to do anything for the purposes of advancing the skill of
persons employed by the Corporation or the efficiency of
the equipment of the Corporation or of the manner in
which that equipment is operated, including the provision
by the Corporation, and the assistance of the provision by
others, of facilities for training, education and research;
(i)to turn its resources to account so far as not required for
the purposes of its business;

(j)to provide benefits for the welfare of employees or former
employees and their dependants;

(k)to invest any sums which are not immediately required by
the Corporation for the purposes of its business;

(1)to do all things which in the opinion of the Corporation are
necessary to facilitate the proper carrying out of the
business of the Corporation.

(3) Any land held by the Corporation, whether vested in it by
section 7 or acquired by it in any manner howsoever, may be-

(a) improved, developed and altered by it; or

(b) alienated or otherwise made available to third parties,

in such manner and to such extent as the law would allow if the land
were held by a natural person in the same interest and, subject to
section 11(4) and Part II of the Second Schedule, no limitation on
the powers of the Corporation contained in this Ordinance shall
prevent the Corporation from dealing with such land in such
manner as it thinks fit or expending moneys on the improvement,
development or alteration of such land.

(4) Each of the powers conferred on the Corporation by the
foregoing provisions of this section shall be deemed to be in addition
to, and not in derogation of, any other powers so conferred; and it is
hereby declared that the provisions relate only to the capacity of the





Corporation as a statutory corporation, and nothing in those
provisions shall be construed as authorizing the disregard by it of
any enactment or rule of law.

(5) The specification of any power of the Corporation in the
foregoing provisions of this section shall not be construed as
excluding any implied power the Corporation would have in the
absence of such specification.
(6) The Corporation shall not be regarded as a common
carrier in respect of its activities.

5. (1) It shall be the duty of the Corporation (consistently
with any directions given it under the following provisions of this
Part) in exercising its powers to have regard to-

(a)the reasonable requirements of the public transport system
of Hong Kong; and

(b)efficiency, economy and safety of operation as respect the
services and facilities provided by it.

(2) Nothing in this section shall be construed as imposing on
the Corporation, either directly or indirectly, any form of duty or
liability enforceable by proceedings before any court.

6. (1) The Governor in Council may, if he considers the
public interest so requires, give a direction in writing of a general or
specific character to the Corporation and no limitation on the
powers of the Corporation contained in this Ordinance shall prevent
the Corporation from acting in accordance with the direction:

Provided that if any direction under this subsection requires the
Corporation to act contrary to prudent commercial principles the
Corporation shall be entitled to reasonable compensation from the
Government in respect thereof.

(2) The Corporation shall, in such manner and at such times
as the Governor may require, furnish him with such information as-

(a) he may specify; and

(b)the Corporation has or can reasonably be expected to
obtain,

with respect to such matters relating to the Corporation or its
activities (past, present or future), plans or properties as the
Governor may specify and shall afford him facilities for the
verification of information so furnished.

7. (1) There shall be vested in the Corporation upon a day to
be appointed by the Governor by notice in the Gazette the land
described in Part 1 of the Second Schedule for the interest specified

L.N. 30/83.





therein upon the terms and conditions and subject to the reservations
set out in Part 11 of that Schedule, and the supplementary provisions of
Part 111 of that Schedule shall apply in relation thereto.

(2) Subject to the following provisions of this section there shall
be vested in the Corporation upon the appointed day all the property,
rights and liabilities which, immediately before that day, were comprised
in the undertaking of the Kowloon-Canton Railway: (Amended, 56 of
1986, s. 6)

Provided nothing in this subsection shall apply to any interest in
land vested in the Corporation under subsection (1) as read with the
Second Schedule.

(3) At any time before the appointed day the Secretary for
Transport and the Corporation may agree in writing that subsection (2)
shall not have effect in relation to any property, rights and liabilities
specified in the agreement.

(4) Subsection (2) shall not have effect in relation to-

(a) any contract of employment; or

(b)any contract for the electrification or modernization of the
Kowloon-Canton Railway; or (Amended, 56 of 1986, s.6)

(c)any tenancy or licence granted by the Government in respect
of any land which if granted after the appointed day, could
have been granted by it by virtue of the rights reserved to it
by Part 11 of the Second Schedule.

(5) The Third Schedule shall apply to property, rights and
liabilities vested under subsection (2).

(6) There shall be vested in the Corporation upon the deposit, in
accordance with paragraph 1 of the Fifth Schedule, of the plans referred
to in that Schedule in the Land Office, the land described in Part 1 of the
Fifth Schedule for the interest specified therein upon the terms and
conditions and subject to the reservations set out in Part 11 of that
Schedule; and the supplementary provisions of Part 111 of that
Schedule shall apply in relation thereto. (Added, 56 of 1986, s. 6)

(7) The Director of Buildings and Lands shall give notice in the
Gazette of the deposit in the Land Office of the plans referred to in the
Fifth Schedule. (Added, 56 of 1986, s. 6)

PART 111

FINANCE

8. (1) In so far as is consistent with the proper discharge by the
Corporation of the functions conferred and duties imposed on it by this
Ordinance, the Corporation shall perform its functions with a view to
achieving a rate of return on the assets employed in its undertaking
which, having regard to all the circumstances of the





undertaking, and in accordance with ordinary commercial criteria,
is satisfactory; and shall, in any event, so perform its functions as to
secure that, taking one year with another, its revenues are at least
sufficient-

(a)to meet the total outgoings of the Corporation properly
chargeable to revenue account; and

(b)to enable the Corporation to make such allocations to
reserve as it considers adequate.

(2) Notwithstanding subsection (1), the Financial Secretary
may determine, for any period specified in the determination, the
overall rate of return which he considers it appropriate for the
Corporation to achieve in that period; and the Financial Secretary
shall give the Corporation notice of any determination under this
subsection.

(3) In determining the overall rate of return for any period
under subsection (2) the Financial Secretary shall among other
things have regard to the overall rate of return, which, in the absence
of a determination under that subsection, he would expect the
Corporation to achieve with a view to satisfying the requirements of
subsection (1).

(4) In the exercise of its powers of investment the Corporation
shall consult with the Financial Secretary and comply with any
directions which the Financial Secretary may give as to the manner
of such investment.

9. (1) If in any financial year there is an excess of revenue of
the Corporation over the total sum required by it-

(a)to meet the total outgoings of the Corporation properly
chargeable to revenue account; and

(b) to enable the Corporation to-
(i) make such allocations to reserve as it may reasona-
bly consider adequate;
(ii) pay any moneys owing by it, whether or not pay-
ment is legally due at the time,

the Financial Secretary may, after consultation with the Corpora-
tion, give the Corporation directions requiring it to pay the whole or
part of the excess to the Government.

(2) Subject to any directions given it under subsection (1), the
Corporation may deal with any such excess as is mentioned in that
subsection either-

(a)by applying it for such of the purposes of the Corporation
as the Corporation may determine; or

(b)by allocating it to reserve, whether generally or for a
particular purpose,

or partly in one of these ways and partly in another.





(3) Any sums received by the Government in pursuance of this
section shall be paid into general revenue.

10. (1) The initial capital of the Corporation shall be deemed to
consist of

(a)moneys paid by the Government to the Corporation in respect
of the initial working capital thereof, out of the Development
Loan Fund, and appropriated for that purpose by the
Legislative Council;

(b)the value, as determined by the Financial Secretary, of the
property and rights transferred to it by virtue of section 7;

(c)the expenditures of the Government on the modernization and
electrification of the Kowloon-Canton Railway in accordance
with the scheme as existing on the appointed day for such
modernization and electrification. (Amended, 56 of 1986, s. 7)

(2) The Corporation shall, on the appointed day, assume a debt
due to the Government in respect of

(a) the moneys referred to in subsection (1)(a);

(b)a proportion of the other elements of the initial capital as
specified in subsection (1),

in an amount of $1,000,000,000.

(3) The rate of interest on the said debt and the date on which
interest is to begin to accrue, the arrangements for paying off the
principal of the said debt, and the other terms of the said debt shall be
such as the Financial Secretary may, after consultation with the
Corporation, from time to time determine, and different rates and dates
may be determined under this subsection with respect to different
portions of the said debt.

(4) Any sums received by the Government by way of interest on or
repayment of the said debt shall be paid

(a)where such sums are attributable to interest on, or repayment
of, the moneys referred to in subsection (1)(a), to the
Development Loan Fund; and

(b) in any other case, into general revenue.

(5) In ascertaining the profits in respect to which the Corporation
is chargeable to tax under Part IV of the Inland Revenue Ordinance the
said debt shall be deemed, for the purposes of section 16(1)(a) of that
Ordinance, to be money borrowed by the Corporation for the purpose
of producing such profits.

11. (1) The Corporation may borrow temporarily, by way of
overdraft or otherwise, such sums as it may require for meeting its
obligations or discharging its functions under this Ordinance.





(2) The Corporation may borrow (otherwise than by way of
temporary loan) such sums as it may require for

(a)meeting any expenses incurred by it in connexion with any
works the cost of which is chargeable to capital account;

(b) working capital;

(c)repayment of any money borrowed by it, payment of the debt
due to the Government under section 10, and repayment of
any sums paid by the Government in fulfilment of a guarantee
under section 13;

(d)any other purpose for which capital moneys are properly
applicable.

(3) A person lending money to the Corporation shall not be
concerned to inquire whether the borrowing of the money is legal or
regular or whether the money raised has been properly applied and
shall not be prejudiced by any illegality or irregularity or by
misapplication or non-application of the money.

(4) The Corporation may with the consent of the Financial
Secretary, but not otherwise, charge all or any part of its property as
security for the repayment of money borrowed.

12. (1) The Corporation shall not have power to borrow money
except in accordance with section 11.

(2) The aggregate amount outstanding, otherwise than by way of
interest, in respect of

(a) the debt due to the Government under section 10(2);

(b)money borrowed by the Corporation (including money
borrowed to repay the debt due to the Government under
section 10(2)); and

(c)sums paid by the Government in fulfilment of guarantees
under section 13,

shall not exceed $3,000,000,000 or such greater sum as the Financial
Secretary may, from time to time, approve. (Amended, 56 of 1986, s.8)

13. (1) The Financial Secretary may on behalf of the Government,
in such manner and on such conditions as he thinks fit, guarantee the
repayment of the principal of, the payment of interest on, and the
discharge of any other financial obligation in connexion with, any sums
borrowed by the Corporation up to $500,000,000 or such greater amount
as the Legislative Council may, from time to time, by resolution,
approve.

(2) Any sum required for fulfilling a guarantee given under this
section shall be charged on and issued out of general revenue.

(3) Where any sum is so issued for fulfilling any such guarantee
the Corporation shall make to the Government, at such time and in





such manner as the Financial Secretary may from time to time direct,
payments of such amounts as the Financial Secretary may direct in or
towards repayment of that sum and payments of interest on the amount
outstanding for the time being in respect of that sum, at such rate as the
Financial Secretary may so direct.

(4) Any sums received by the Government in pursuance of
subsection (3) shall be paid into general revenue.

14. (1) The Corporation shall keep proper accounts and proper
records in relation thereto and shall within 4 months after the expiry of a
financial year prepare accounts showing fully its financial position and
financial transactions for that year.

(2) Every statement of accounts prepared by the Corporation
under this section shall conform to proper commercial standards.

(3) The accounts of the Corporation shall be audited and the
auditor shall make a written report thereon to the Corporation.

(4) The auditor shall be appointed by the Governor after
consultation with the Corporation.

(5) The Corporation shall within 3 months of the receipt by it of
the auditor's report in respect of its accounts for a financial year furnish

(a) a report on the affairs of the Corporation for that year,

(b) a copy of its accounts therefor, and

(c) the auditor's report on the accounts,

to the Financial Secretary who shall table the same in the Legislative
Council.

PART IV

SAFETY OF RAILWAYS
(Amended, 56 of 1986, s. 9)

15. (1) The Governor may in writing appoint any person to be an
inspector for the purposes of this Part.

(2) An inspector who is not a public officer may be paid, as a fee
for his services, such amount as the Financial Secretary thinks fit, and
that amount shall be paid out of moneys provided for the purpose by
the Legislative Council.

(3) The powers conferred by section 16 or by regulations made
under section 30 shall be exercised by an inspector only

(a)for the purpose of ensuring the safety of the railways or any
part thereof, or

(b)when an inspector is directed to do so pursuant to such
regulations, for the purpose of investigating an accident on

any part of the railways.(Amended, 56 of 1986, s. 21)





(4) On the occasion of the exercise of any power, an inspector shall
produce evidence of his identity, and of his appointment, to any person
who requests him to do so.

(5) An inspector may take with him such persons as he reasonably
requires to assist him in the exercise of his powers.

16. (1) An inspector may-

(a)at all reasonable times enter upon premises to which this
subsection applies;

(b)carry out on premises to which this subsection applies, or on
any machinery, plant or equipment thereon, such tests and
inspections as he considers expedient;

(c) require any person to whom this subsection applies-

(i) to do anything which the inspector reasonably
considers to be necessary for facilitating any test or
inspection;

(ii) to provide the inspector with such information relating
to either of the railways or any machinery, plant or equipment
connected with either of the railways as the inspector may
specify, and to answer any question or produce for
inspection any document which is necessary for that
purpose; (Amended, 56 of 1986, s. 21)

(d)take copies of any document produced to him pursuant to
paragraph (c)(ii).

(2) Subsection (1) applies to-

(a)the railway premises and the premises of any contractor or
subcontractor who is carrying out or has carried out any work
on either of the railways; (Amended, 56 of 1986, s.21)

(b)any employee of the Corporation, any contractor or
subcontractor mentioned in paragraph (a) and any employee
of such a contractor or subcontractor.

(3 Any person who-

(a)without lawful excuse, fails to comply with a requirement
under subsection (1)(c);

(b)knowingly furnishes to an inspector acting under subsection
(1)(c) information that is false or misleading in a material
particular;

(c)obstructs an inspector in the exercise of his powers under
subsection (1),

commits an offence and is liable to a fine of $5,000 and to imprisonment
for 6 months.

(4) Where a person is charged with contravening the provisions of
subsection (3), it shall not be a defence to the charge that compliance
with a requirement under subsection (1)(c) would tend





to expose that person to any other proceedings for a criminal offence;
but nothing done in compliance with a requirement under subsection
(1)(c) shall be admissible in evidence in such other proceedings.

17. (1) Where in the opinion of the Chief Secretary-

(a)the condition of any part of the railways which has been
brought into operation or of any machinery, plant or
equipment of such part;

(b)the manner in which either of the railways or any part thereof
is being operated,

is such as to cause, or to be likely to cause, a risk of injury to any
person, the Chief Secretary may direct the Corporation to carry out such
work, or to take such steps, as he may specify in the order to ensure
that the condition of the railway, or of the, part or the machinery, plant
or equipment in question, or the manner of operation will cease to
constitute such a risk. (Amended, 56 of 1986,s.21)

(2) A direction under subsection (1) may specify the time before
which the Corporation shall commence to carry out the specified work
or take the specified steps and the time by which the same shall be
completed.

(3) If the Corporation fails without reasonable excuse to comply
with a direction under this section the Corporation commits an offence
and is liable to a fine of $100,000 and to a further fine of $10,000 for each
day during which it is proved to the Court that the failure to comply
with the order has continued without reasonable excuse.

(4) A copy of a document which purports to be a direction signed
by the Chief Secretary for the purposes of subsection (1)

(a)shall be admitted in evidence in proceedings for an offence
under subsection (3) on its production without further proof;
and

(b)shall be sufficient evidence of the opinion of the Chief
Secretary and of the other matter contained therein.

18. (1) An employee of the Corporation commits an offence if, in
connexion with his duty, he negligently does or omits to do anything in
relation to the condition or operation of any part of either of the
railways after that part has come into public use, and the safety of any
person travelling or being upon the railway is thereby endangered, or
likely to be endangered. (Amended, 56 of 1986,s.21)

(2) An employee who commits an offence under subsection (1) is
liable to a fine of $5,000 and to imprisonment for 6 months.

(3) For the purposes of subsection (1) negligence is the failure to
exercise such care or skill as a reasonable employee in the situation
would exercise.





19. (1) A person commits an offence if he wilfully does or
omits to do anything in relation to either of the railways and the
safety of any person travelling or being upon the railway is thereby
endangered, or likely to be endangered. (Amended, 56 of 1986,
s.21)

(2) A person who commits an offence under subsection (1) is
liable to a fine of $5,000 and to imprisonment for 6 months.

PART V

EXTENSIONS TO THE RAILWAYS, POWERS OF ENTRY ETC.
(Amended, 56 of 1986, s. 9)

20. The Corporation shall not extend either of the railways by
the construction of lines, otherwise than by way of relaying existing
lines, without the approval of the Governor in Council.
(Amended, 56 of 1986, s. 21)

21. (1) For the purpose of carrying out any work authorized
under section 4(1)(a) or under section 20, the Corporation may-
(Amended, 56 of 1986, s. 10)

(a)construct lines of railway and all other apparatus and
works for and incidental to the purposes of either of the
railways;

(b)construct apparatus and works for the supply of electricity
or any other power or fuel for the purposes of either of the
railways;

(c)alter the natural or artificial features of any land for the
purpose of the more convenient construction or operation
of either of the railways;

(d)do any work under the surface of the land adjoining either
of the railways for the purpose of conveying water or elec-
tricity to or from either of the railways;

(e)construct buildings, structures, machinery and other
devices for or incidental to the purposes of either of the
railways; and

do all other acts incidental to the construction, main-
tenance, alteration, repair or use of either of the railways.
(Amended, 56 of 1986, s. 21)

(2). Where the exercise of any power under this section is likely
to interfere, permanently and substantially, with the use and enjoy-
ment of any land, that power shall be exercised only in relation to
land held by the Crown.

22. The Corporation may, for the purpose of exercising the
powers conferred on it by this Part, alter the level or position of any
pipe, conduit, drain, electric wire, or post in or on any land not held
by the Crown:





Provided that it shall give reasonable notice of its intention to do
so to the person having the right to occupy the land and shall execute
the work to the reasonable satisfaction of that person.

23. The Corporation shall construct and maintain for the use of the
occupiers of land not held by the Crown and adjoining the railway

(a)crossings of either of the railways for the purpose of making
good any use of the land enjoyed before the railway was
constructed or as nearly as is reasonably practicable; and

(b)works for the purpose of conveying water from or to the land
as freely as before the construction of the railway or as nearly
as is reasonably practicable:

Provided that the Corporation shall not be obliged under this
section to do anything

(i)in such a manner as would prevent or inconvenience the use
of either of the railways; or

(ii)in respect to which the person, whose right to occupy the
land has been prejudiced, made no objection or claim during
the time of the construction of that part of the railway
affecting that land or has accepted compensation; or

(iii)where, after the construction of that part of either of the
railways adjoining any land, a natural or artificial feature of
that land is altered by any event outside the control of the
Corporation and the Corporation has done all that is required
of it under this section before that alteration took place.

(Amended, 56 of 1986, s.
21)

24. For the purposes of this Part the Kowloon-Canton Railway as
existing immediately prior to, the appointed day or as reconstructed in
accordance with the scheme referred to in section 10(1)(c) shall be
deemed to have been constructed under this Part and, in relation to any
time before the appointed day, any reference to the Corporation shall
be construed as a reference to the Government or, as the case may be,
the General Manager of the Kowloon-Canton Railway.

(Amended, 56 of 1986, s.
11)

25. (1) No new railway or any extension to the railways shall be
opened for the carriage of goods or passengers until the Corporation
has certified in writing to the Governor that the person appointed under
subsection (2) has made a careful inspection of the new railway or, as
the case may be, extension and, in the opinion of such person and in
the opinion of the Corporation, the new railway or the extension is in a
safe and sound condition and can be opened for the carriage of goods
or, as the case may be, passengers. (Amended, 56 of 1986, s. 12)





(2) The Governor may in writing appoint any person for the
purposes of this section who may be paid, as a fee for his services,
such amount as the Financial Secretary thinks fit, and that amount shall
be paid out of moneys provided for the purpose by the Legislative
Council.

(3) A person appointed for the purposes of this section shall have
the powers of an inspector conferred by section 16 or by regulations
made under section 30 and such powers may, notwithstanding the
provisions of section 15(3), be exercised for the purpose of inspecting
the new railway or the extension in order to express an opinion thereon
for the purposes of this section; and sections 15(4) and 15(5) shall
apply in relation thereto. (Amended, 56 of 1986, s.12)

26. (1) The Governor may authorize the Corporation, in case of any
slip or other accident happening or being apprehended to any cutting,
embankment or other work under its control, to enter upon any land not
held by the Crown and adjoining the railway, for the purpose of
repairing or preventing the accident, and to do all such works as may
be necessary for that purpose.

(2) In a case of urgency the Corporation may enter upon the land
and do the works mentioned in subsection (1) without the authority of
the Governor, but it shall, within 72 hours after such entry, make a
report to the Governor specifying the nature of the happening and of
the works necessary to be done, and the power of the Corporation
under this subsection shall cease if the Governor considers that the
exercise of the power is not necessary for the public safety.

27. (1) Where a tree is situated so that it

(a) would obstruct the operation of either of the railways; or

(b) conceals or partially conceals a fixed signal from any point

on the line of rail,

the Corporation may remove the tree or any part thereof and enter upon
any land adjacent to railway premises for the purpose. (Amended, 56 of
1986, s. *21)

(2) No claim shall arise out of the removal of any tree or part
thereof under this section.

28. (1) The purposes of the Corporation shall be deemed to be a
public purpose within the meaning of the Crown Lands Resumption
Ordinance.

(2) Any expense incurred by the Government in acquiring land for
the purposes of the Corporation under the Crown Lands Resumption
Ordinance shall be a debt owing by the Corporation to the Government
which shall be repaid to the Government on such terms and conditions
as the Financial Secretary may, after consulta

tion with the Corporation, direct:(Amended, 56 of 1986, s. 13)





Provided that nothing in this subsection shall apply to any
expense incurred by the Government in acquiring land for the
construction of the North-west Railway or for purposes associated with
its construction other than land acquired for the construction of an
extension to the North-west Railway approved under section 20 or for
purposes associated with such an extension. (Added, 56 of 1986,s. 13)

29. (1) Except as provided in subsection (2), no person shall have
any right against the Corporation or any other person for any
compensation, loss or damage in respect of any land or the use of any
land and arising from any work carried out under this Part in connexion
with either of the railways or the use of the railway. (Amended,
56of1986,s. 21)

(2) Subject to subsection (4), any person who suffers any injury to
any private right in respect of any interest in any land adjoining either
of the railways and which directly arises from any work carried out
under this Part in connexion with the railway may submit a claim for
compensation to the Corporation in respect of any actual loss fairly and
reasonably arising from that injury. (Amended, 56 of 1986, s. 21)

(3) Subject to subsection (4), after the expiry of 3 months from the
date of the submission of his claim to the Corporation, the claimant
may, if the claim has not been agreed, submit his claim to the Lands
Tribunal for determination and, for this purpose, the Lands Tribunal
shall have jurisdiction to determine the claim under the Lands Tribunal
Ordinance.

(4) No claim for compensation shall be brought after the expiration
of 3 years from the date on which the injury on which the claim is
founded was suffered.

PART VI

REGULATIONS AND BY-LAWS

30. (1) The Governor in Council may make regulations for all or any
of the following purposes

(a)controlling and regulating the maintenance and operation of
the railways and, without derogating from the generality of
the foregoing, providing for safe systems of operation;
(Amended, 56 of 1986, s. 14)

(b) the notification of accidents and other events;

(e) the investigation of accidents;

(d) records to be kept and notices to be displayed;

(e)the preparation of operating manuals and practices to be
adopted in relation thereto;





the safety of persons using or engaged in work on the
railways; (Amended, 56 of 1986, s. 14)

(g)the determination of maximum loads and markings in relation
thereto;

(h)the provision of adequate signs and destination indicators on
buses used by the Corporation; (Added, 56 of 1986, s. 14)

(i)requiring the Corporation to submit to the Commissioner for
Transport, at such times and in such manner as may be
specified in the regulations, a programme of the future
operations or plans of the Corporation for its rail and bus
services within the North-west Transit Service Area for such
period as may be so specified, including, without derogation
from the generality of the foregoing, routes to be operated,
frequency of service and vehicle allocation to those routes;
(Added, 56 of 1986, s. 14)

(j)regulating, in relation to the drivers of buses used by the
Corporation

(i) the maximum number of hours during which any such
driver may be permitted to drive a bus; and

(ii) the intervals to be provided by the Corporation for the
rest and refreshment of drivers, in any period specified by the
regulations; (Added, 56 of 1986, s. 14)

(k)generally for effectively carrying out the provisions of this
Ordinance. (Amended, 56 of 1986, s. 14)

(2) Regulations made under subsection (1) may, in relation to the
investigation of accidents

(a)confer powers upon inspectors to compel the giving of
information concerning accidents including power to summon
a person to attend before him for the purpose;

(b) make provision for the payment of persons so summoned;

(c)provide that failure to comply with summons or requirement
made by an inspector, or the obstruction of an inspector, or
the giving of false or misleading information shall be an
offence.

(3) No information supplied by any person to an inspector under
regulations made under this section shall be admissible in evidence in
any criminal proceedings other than proceedings for a contravention of
any provision of such regulations relating to the giving of, or failure to
give, such information.

(4) Regulations under subsection (1) may be made so as to apply
to either the Kowloon-Canton Railway or the North-west Railway or to
both the railways, and different provision may be made for each
railway. (Added, 56 of 1986, s. 14)

31. (1) The Corporation may, under its common seal, make by-laws
not inconsistent with this Ordinance or regulations made under section
30 for all or any of the following purposes





(a)the carriage of passengers and all connected matters includ-
ing the circumstances in which concessionary fares may be
paid and exemptions from the payment of fares;

(b)the conditions under which tickets shall be issued, includ-
ing conditions for the examination and search, for the
purpose of enforcing any enactment in force in Hong
Kong or for customs purposes, of the person, baggage or
goods of passengers travelling on the Kowloon-Canton
Railway to or from a place in Hong Kong from or to a
destination in China; (Amended, 56 of 1986, s. 15)

(e)a system for securing or evidencing the payment of fares by
passengers travelling, or rates for animals or goods carried,
on the railways; (Amended, 56 of 1986, s. 15)
(d)the imposing of a surcharge where a person travels, or
animals or goods are carried' on the railways without
payment of the proper fare or rate or on failure to produce
evidence of such payment; (Amended, 56 of 1986, s. 15)
(e)the safety of person using or engaged in work on the
railways; (Amended, 56 of 1986, s. 15)
(f)the custody, forfeiture and disposal of unclaimed property
found on the railways; (Amended, 56 of 1986, s. 15)
(g)the receipt, transportation and delivery of goods to
be carried over the railways and all connected matters,
together with the restrictions to be placed upon dangerous
and offensive, perishable or fragile goods, or other classes
of goods; (Amended, 56 of 1986, s. 15)

(h)the terms upon which any goods or class of goods will be
received for carriage by the Corporation or stored by them
including limitations on the liability of the Corporation in
respect thereof;
(i)the receipt, transport and delivery of animals over the
railways, and the terms upon which they will be received
for carriage by the railways and the restrictions placed
upon such carriage; (Amended, 56 of 1986, s. 15)

(j)the control of persons, vehicles and animals while on the
railways; (Amended, 56 of 1986, s. 15)

(k) the powers and duties of railway employees;

(1) controlling and regulating advertising on railway premises;

(m)protecting the property of the Corporation on railway
premises;
(n)preventing. the erection of unauthorized buildings or
structures on railway premises and enabling the Corpora-
tion to remove or require the removal of such buildings or
structures;
(o)to control access to certain areas of the railway premises
by-





(i) restricting access by the public or by any person to any
part of the railway premises, and the days and times of
admission thereto;

(ii) issuing permits for access to any restricted area of the
railway premises and the fees payable in respect of such
permits;

(iii) exempting, by notice in writing :,and subject to such
conditions as the Managing Director may impose, any
person or class of person from all or any of the require-
ments of any by-law regarding entry into a restricted area;

(iv) empowering the Managing Director to prepare and
certify a plan delineating or describing any part or parts of
the railway premises as a restricted area;

(p)such other purposes as may be necessary to carry out
effectively the provisions of this Ordinance.

(2) All by-laws made under subsection (1) shall be subject to the
approval of the Legislative Council.

(3) The Corporation shall cause printed copies of all by-laws made
under subsection (1) to be kept at its principal office and to be available
for sale to any person at a reasonable cost.

(4) By-laws under subsection (1) may be made so as to apply to
either the Kowloon-Canton Railway or the North-west Railway or to
both the railways, and difrerent provision may be made for each
railway. (Added, 56 of 1986, s. 15)

(5) Where the Corporation operates any bus service within the
North-west Transit Service Area, the power to make by-laws under
subsection (1) shall extend to making by-laws for the purposes of that
bus service for any of the matters specified in that subsection as if that
service were a railway:

Provided that nothing in this subsection shall have the effect of
deeming premises used in the operation of such a bus service to be
railway premises for the purposes of subsection (1)(n) or (o). (Added, 56
of 1986, s. 15)

32. (1) In any prosecution for an offence against any by-law
made under section 31(1)(o), a plan purporting to be certified by the
Managing Director as a plan of a restricted area or as a copy of a
plan of a restricted area certified by the Managing Director, shall be
admitted in proceedings before a court on its production without
further proof and until the contrary is proved-

(a)the court before which such certified plan or copy is
produced shall presume that the signature to the plan or copy
is genuine and that the Managing Director was duly
appointed when he certified it;

(b)shall be evidence of the area and boundaries of any part or
parts of the railway delineated or described therein as a
restricted area.











(2) Any by-law made under section 31 which provides that
hawking on railway premises is an offence may also provide that all or
any part of sections 86, 86A, 86C and 86D of the Public Health and
Municipal Services Ordinance shall apply, with such modifications as
may be specified in the by-law, as if such offence were a hawker offence
within the meaning of section 83 of that Ordinance. (Amended, 10 of
1986, s. -32 (1)

33. Any regulations made under section 30 or by-laws made under
section 31 may provide that a contravention of specified provisions
thereof shall be an offence and may prescribe penalties therefor not
exceeding a fine of $10,000 and imprisonment for 2 years.

PART VII

MISCELLANEOUS

34. (1) It shall be the duty of the Corporation to comply with any
direction given to it or requirement made by the Governor in Council,
Chief Secretary or Financial Secretary under this Ordinance.

(2) Any direction given or requirement made, by the Governor in
Council, Chief Secretary or Financial Secretary under this Ordinance
shall be in writing.

34A. (1) Notwithstanding anything to the contrary in any
Ordinance, no person shall lay any electric power supply cable,
telephone cable or other cable used for communication, water pipe line,
gas pipe line or other cable or pipe line within the area in respect of
which a wayleave is vested in the Corporation by section 7(6) as read
with paragraph 2(b) of the Fifth Schedule without the consent of the
Corporation or otherwise than in accordance with such conditions,
being conditions reasonable in the circumstances, as the Corporation
may think fit to impose:

Provided that no charge shall be made for granting such consent.

(2) Where a person seeking the consent of the Corporation under
subsection (1) to lay any cable or pipe line is carrying on an
undertaking for the supply of electricity, gas or telephonic
communication services to the public, such consent shall not
unreasonably be withheld.

(3) Nothing in this section shall derogate from the right of the
Government to use the area referred to in subsection (1) in any manner
not inconsistent with the rights granted to the Corporation by this
Ordinance..

(Added, 56 of 1986, s. 16)

34B. Section 11 of the Tramway Ordinance shall apply to the North-
west Railway and, for the purposes of such application, references in
that section to 'the company' shall be construed as





references to the Corporation and references to 'the tramway' as
references to that railway.

(Added, 56 of 1986, s. 16)

35. (1) The Building Authority may-

(a)having regard to the exceptional nature of the building or
other works connected with the construction of a railway, the
extension of the railways or the operation of the railways; and
(Replaced, 56of1986, s. 17)

(b)on such conditions as he may specify, either generally or in
any particular case,

exempt from such of the provisions of the Buildings Ordinance as he
thinks fit such of those works as he may specify, but save as aforesaid
the Buildings Ordinance shall apply to any building or other works
carried out by or on behalf of the Corporation.

(2) Section 13 of the Summary offences Ordinance does not
apply to any noise made nore to any piling carried out by the
Corporation or by any other person in connexion with the extension
of the Kowloon-Canton Railway or the execution of works under
the scheme referred to in section 10(1)(c) or in connexion with the
construction of the North-west Railway. (Amended, 56 of 1986, s.17)

(3) Part IX of the Public Health and Municipal Services Ordinance
shall not apply to any advertisements erected in accordance with
paragraph 3(c) of the Fifth Schedule and any conditions imposed under
that paragraph. (Added, 56 of 1986, s. 17)

35A. The Public Bus Services Ordinance shall not apply to any
bus service operated by or on behalf of the Corporation within the
North-west Transit Service Area with the following exceptions

(a) section 16(1)(b), 18, 19, 20 and 21;

(b)sections 2 and 3 to the extent that they apply to the
provisions specified in paragraph (a),

and for the purposes of those provisions the Corporation shall be
deemed to be a grantee within the meaning of that Ordinance.

(Added, 56 of 1986, s. 18)

36. For the avoidance of doubt and without prejudice to any other
Ordinance it is declared that the railway premises are a public place for
the purpose of the Public Order Ordinance.

37. (1) Without prejudice to any Ordinance relating to the
prosecution of criminal offences or to the powers of the Attorney
General in relation to the prosecution of criminal offences, prosecutions
for an offence under this Ordinance may be brought in the name of the
Corporation.

(2) Where a complaint is made or an information laid for an offence
under this Ordinance by any person acting on behalf of the Corporation
the complainant or informant shall, for the purposes of





section 8(1B) of the Magistrates Ordinance, be deemed to act on behalf
of the Attorney General.

38. (1) A police officer, a railway employee or any person called to
assist a railway employee in making an arrest may arrest without
warrant any person reasonably suspected of committing an offence
under this Ordinance.

(2) A person arrested under subsection (1) shall be taken forthwith
to the nearest police station and thereafter section 52 of the Police
Force Ordinance shall apply.

FIRST SCHEDULE [s. 3.]

PROVISIONS WITH RESPECT TO THE CORPORATION AND
MEMBERS THEREOF

1 The Corporation shall be a body corporate having perpetual succession
and a common seal.

2. The Corporation shall not be regarded as a Servant or agent of the Crown,
or as enjoying any status, immunity or privilege of the Crown.

3. All matters relating to the terms and conditions of the appointment to the
service of the Corporation of the Chairman shall be determined by the Governor.

4. (1) The Corporation shall appoint a managing Director and shall determine
the terms and conditions of his appointment; but shall obtain the approval of
the Governor to any proposed appointment and to the suspension and dismissal of
the persons appointed.

(2) The Managing Director shall perform, on behalf of the Corporation, such
functions as the Corporation may assign to him.

(3) The Managing Director shall not without the permission of the Chairman
take part in any deliberation of the Corporation which concerns the terms of his
own appointment, suspension or dismissal and shall not vote on any question
concerning these matters.


5. (1) Subject to paragraph 3 and 4 a member of the Corporation shall hold and
vacate his office in accordance with the erms of his appointment and shall, on
ceasing to be a member, be eligible for re-appointment:

Provided that any member appointed under section 3(2)(c) who is not a
public officer shall be appointed for a term not exceeding 3 years.

(2) A member appointed under section 3(2)(c) who is not a public officer
may at any time by notice in writing to the Governor resign his office.

6. (1) A member of the Corporation who is in any way directly or indirectly
interested in a contract made or proposed to be made by the Corporation, or in a
contract made or proposed to be made by a subsidiary of the Corporation which is
brought up for consideration by the Corporation, shall disclose the nature of his
interest at a meeting of the Corporation; and the disclosure shall be recorded in the
minutes of the Corporation, and the member shall not without the permission of
the Chairman take any part in any deliberation of the Corporation with respect to
that contract and shall not in any event vote on any question concerning it.

(2) For the purposes of sub-paragraph (1), a general notice given at a meeting
of the Corporation by a member thereof to the effect that he is a member of a






specified company or firm and is to be regarded as interested in any contract which
may, after the date of the notice, be made with the company or firm shall be
regarded as a sufficient disclosure of his interest in relation to any contract so
made or proposed to be so made.

(3) A member of the Corporation need not attend in person at a meeting of
the Corporation in order to make a disclosure which he is required to make under
this paragraph if he takes reasonable steps to secure that the disclosure is made by
a notice which is brought up and read at the meeting.





7. (1) The Corporation-

(a)shall pay to the members thereof such salaries or fees, and such
allowances, as the Financial Secretary may determine; and

(b)as regards any member in whose case the Financial Secretary may so
determine, shall pay such pension, allowance or gratuity to or in respect
of him or make such payments towards the provision of such a pension,
allowance or gratuity as may be so determined,

and, if a person ceases to be a member of the Corporation and it appears to the.
Financial Secretary that there are special circumstances which make it right that
that person should receive compensation the Financial Secretary may require the
Corporation to pay to that person a sum of such amount as the Financial Secretary
may determine.

(2) The provisions of this paragraph shall apply in the cases of the Chairman and
the Managing Director only to such extent as the Financial Secretary may determine.

8. If the Governor is satisfied that a member of the Corporation appointed
under section 3(2)(c) who is not a public officer

(a)has been absent from meetings of the Corporation for a period longer
than three consecutive months without the permission of the
Corporation, or

(b) has become bankrupt or made an arrangement with his creditors; or

(c) is incapacitated by physical or mental illness; or

(d) is otherwise unable or unfit to discharge the functions of a member,

the Governor may declare his office as a member of the Corporation to be vacant,
and shall notify the fact in such manner as the Governor thinks fit; and thereupon
the office shall become vacant.

9. The quorum of the Corporation shall be 5 and, while a member is
disqualified from taking part in a decision or-deliberation of the Corporation in
respect to a matter, he shall be disregarded for the purpose of constituting a
quorum of the Corporation for deciding, or deliberating on, that matter.

10. Subject to the foregoing provisions of this Schedule, the Corporation shall
have power to regulate its own procedure including the manner in which decisions
of the Corporation may be made by a quorum of its members otherwise than at a
meeting of the Corporation.

11. The Corporation may appoint such employees as it may determine on
such terms and conditions as it thinks it.

12. A certificate signed by the Managing Director of the Corporation that an
instrument of the Corporation purporting to be made or issued by or on behalf of the
Corporation was so made or issued shall be conclusive evidence of that fact.

13. Every document purporting to be an instrument made or issued by or on
behalf of the Corporation and to be duly executed under the seal of the Corporation,
or to be signed or executed by the Managing Director or a person authorized by the
Corporation to act in that behalf, shall be received in evidence and deemed, without
further proof, to be so made or issued unless the contrary is shown.

SECOND SCHEDULE [s. 7(1).]

PART I

1. There shall be vested in the Corporation for the interest specified in
paragraphs 2, 3, 4 and 5 and for a period commencing on the appointed day and
ending

(a) in the case of land situated in Kowloon, 75 years thereafter; and

(b) in the case of land situated in the New Territories, on 27 June 1997,

all the Crown land (in this Schedule called 'the said land') described in the said
paragraphs by reference to plans (in this Schedule called 'the said plans'), certified
under the hand of the Director of Lands as being the plans referred to in this
Schedule, one set of which shall be deposited in the offices of the Land Office,
Victoria.





2. All that land bounded by a bold continuous black line on the said plans shall
be vested absolutely:

Provided that there shall be excluded from the land so vested the land
registered in the District Land Office, Sha Tin, as Sha Tin Town Lot No. 87.

3. In respect of the land bounded by a bold discontinuous black line on the said
plans there shall be vested such underground wayleaves or rights of passage as are
necessary for the Corporation to operate the railway as existing immediately prior
to the appointed day, including the right to maintain or reconstruct all railway
tracks, tunnels and other works which were constructed for the purposes of or in
connexion with the railway and in existence immediately prior to the appointed
day and to construct and maintain new works for the better exercise of such
wayleave or right of passage.

4. In respect of the land shown hatched black on the said plans there shall be
vested

(a)such wayleaves or rights of passage as are necessary for the Corporation
to operate the railway as existing immediately prior to the appointed day
or, as the case may be, as it will be after the execution of the works under
the scheme referred to in section 10(1)(c);

(b)the right to maintain or reconstruct all railway tracks, railway bridges and
other works on such land and to construct and maintain new works for
the better exercise of such wayleave or right of passage.

5. In respect of the top of the concrete platform at Sha Tin Station,
including all the under surface thereof, being a platform situated on Crown land
remaining in the possession of the Government and coloured grey on the said
plans, there shall be vested in the Corporation the right to the exclusive use
thereof and to permit other persons to use it, together with the right to construct
on such platform, so long as the stability thereof is not afrected, buildings and
other structures.

6. In respect of the Crown land adjacent to the land vested under paragraphs
2, 3, 4 and 5 there shall be vested in the Corporation such rights as are
appurtenant to the land so vested, being rights to continue to use such Crown land
for a purpose (being a railway purpose) for which the land was used immediately
prior to the appointed day and, without derogation from the generality of the
foregoing, such rights shall include

(a)the right to discharge storm water upon such Crown land in the places and
manner in which such water was discharged, or capable of being
discharged, at such time;

(b) such rights of way over such Crown land as may have been so used; and

(c) where any power under any repealed Ordinance relating to the railway
was exercised for the benefit of the railway over any such Crown land,
the right to continue to use the Crown land for the purposes for which
the power was exercised.

7. The Government and the Corporation may by agreement adjust the
boundaries of the said land so as to transfer

(a)to the Crown any lands included within the said land which ought not to
have been so included, as not having been used for railway purposes
immediately prior to the appointed day;

(b)to the Corporation any lands which ought to have been so included as
having been used for railway purposes immediately prior to the appointed
day.

8. The provisions of paragraphs 1(2) and 2 of the Third Schedule shall apply






to an agreement under paragraph 7 as they do to an agreement under paragraph 1
(1) of that Schedule and any certificate under paragraph 2 of the Third Schedule as
read with this paragraph shall, as soon as may be, be annexed to the said plans and
be deemed to form part thereof..

Provided that in applying the said paragraphs for the purposes of this
paragraph references to the Secretary for Transport shall be deemed to be
references to the Director of Lands.

9. Nothing in this Schedule shall vest in the Corporation any rights which
were not vested in the Crown in right of the Government of Hong Kong
immediately prior to the appointed day and nothing in this Schedule shall affect
the exercise by any person, other than the Government, of any rights in respect
of the said land which he possessed immediately prior to the appointed day.





PART 11

10. There shall be reserved to the Government liberty-

(a)to use and permit the public to use the following together with all roads
appurtenant thereto

(i) the bridges designated on the said plans by a number prefixed by the
letter 'B' and shown cross hatched black;

(ii) the subways designated on the said plans by a number prefixed by
the letter 'S' and shown cross hatched black;

(iii) the pedestrian ways along the railway bridges designated on the
said plans by a number prefixed by the letter 'P' and shown hatched
black,

and to keep all bridges, roads, tunnels and other works appertaining
thereto on the said land;.

(b)to use exclusively, and to permit other persons to use, whether in
accordance with a lease, tenancy agreement or otherwise

(i) the top of the concrete platform at Sha Tin situated on land vested
in the Corporation and coloured grey on the said plans, including all the
under surface thereof;

(ii) that portion of the top of the concrete platform at Kowloon
Station coloured grey on the said plans, including all the under surface of
the said platform;

(iii) the top ofthe concrete platform at Mong Kok constructed under
the rights reserved under sub-paragraph (c) hereof, including all the under
surface thereof,

together with all necessary rights of access and the right to construct on
such platforms, so long as the stability thereof is not affected and having
regard to the rights of other persons to the use of such platforms,
buildings and other structures;

(c)to construct at Mong Kok at the places coloured grey on the said plans,
concrete platforms over the railway in accordance with the scheme
therefor as existing immediately prior to the appointed day and as may
be subsequently modified by agreement between the Government and the
Corporation;

(d)to construct vehicular and other ways on the said land over or under the
railway and intersecting at right angles or diagonally the railway and to
use, or permit the public to use, such vehicular or other ways for any
purpose whatsoever;

(e)to lay mains, pipes, wires, cables and drains within or upon the said land
and to keep upon the said land any such mains, pipes, wires, cables and
drains which existed upon the said land immediately prior to the
appointed day and were used wholly or mainly for purposes other than
railway purposes;

to cleanse, repair and maintain any works constructed or kept under the
provisions of sub-paragraphs (a), (b), (c), (d) and (c) (including any of
the platforms referred to in sub-paragraph (b)) and for its servants or
agents to enter upon the said land for such purposes and for the
inspection of such works or for the exercise of the rights conferred by
this paragraph;

(g)to exercise on the said land such rights appurtenant to the beneficial






enjoyment by the Government or its successors of land retained by the
Government, being rights to continue to use land for a purpose for which
the land was used immediately prior to the appointed day, and without
derogation from the generality of the foregoing, such rights shall include

(i) the right to discharge storm water upon the said land in the places
in which such water was discharged, or capable of being discharged, at
such time; and

(ii) such rights of way as may have been so used.

11. In the exercise of the rights conferred upon it by paragraph 10 the
Government shall

(a)not, without the consent of the Corporation, (which consent shall not
unreasonably be withheld) do anything which might adversely affect the
operation or safety of the railway and in the event of any injurious
affection make reasonable compensation therefor;

(b) do as little damage as possible and make reasonable compensation for all

damage done; 1





(c)reimburse the Corporation for any expenses incurred by it in undertaking
works to facilitate, or enable the Government to exercise, such rights.

12. The Corporation shall not interfere with, or do anything which may
injuriously affect, any works kept or constructed by the Government in
accordance with the rights reserved under paragraph 10, with any of the platforms
referred to in that paragraph, or with any road or way constructed for the use of
the public without the consent in writing of the Director of Lands, which consent
shall not unreasonably be withheld:

Provided that

(a)such consent shall not be withheld should the Corporation desire to affix
cables, pipes, signalling equipment or other equipment for the operation
of the railway to the underside or supports of any bridge or concrete
platform or to any retaining wall, but the Director of Lands may, in
granting his consent, impose reasonable conditions for safeguarding the
structure of the bridge, platform or wall, or the users thereof,

(b)where a pedestrian way referred to in paragraph 10(a)(iii) is an integral
part of the structure of any railway bridge, nothing in this paragraph shall

prevent the Corporation from effecting any necessary repairs to such
structure or from rebuilding such bridge;

(c)nothing in this paragraph shall affect any right of the Corporation to
use any portion of the top of any concrete platform the use of which is
not reserved to the Government, and to permit others to use it, and to
construct buildings or other structures thereon so long as the stability of
the platform is not affected and the rights reserved to the Government in
respect of that platform are not injuriously affected

13. There shall be reserved to the Government in respect of all land within
the said land occupied by the Mass Transit Railway Corporation immediately prior
to the appointed day the right to lease such land or any part thereof to the Mass
Transit Railway Corporation upon such terms and conditions as the Government
may determine, so however that nothing in any such lease shall affect the right of
the Corporation established under this Ordinance to use the surface of such land
for railway or other purposes and to have reasonable support for such use.

14. The Corporation shall not withdraw or vary the terms of any licence
granted prior to the appointed day by the Government to the Mass Transit
Railway Corporation or to the Government of the United Kingdom entitling the
Mass Transit Railway Corporation or the Government of the United Kingdom to
use any part of the said land, or any arrangement made to that effect, without the
written approval of the Secretary for Transport.

15. The Corporation may-

(a)use and permit the use of the portion of the said land described in
paragraphs 2 and 5-

(i) for railway purposes;

(ii) for any purpose in the exercise of the powers conferred on it by
the Governor under section 4(1)(c),

and for purposes ancillary thereto, excluding staff housing and including,
within station premises only, the provision of services or articles for the
use or enjoyment of passengers on the railway; or

(b)where any portion of the said land described in paragraphs 2 and 5 was,
immediately prior to the appointed day, used for other than railway
purposes, or for staff housing, use and permit the use of the said land for
such other purposes or such housing but only to the extent that such part






of the said land was so used immediately prior to the appointed day,

and may not use the said land, or any portion thereof, for any other purpose
without the consent in writing of the Director of Lands who may, in granting such
permission, impose such conditions as he thinks fit including the payment by the
Corporation of a reasonable premium to the Government for payment into
general revenue as consideration for the grant of such consent.

16. The Corporation shall not assign, underlet, part with possession or
otherwise dispose of the said land or any part thereof or any interest therein, or
enter into any agreement so to do, for a period in excess of 3 years without the
consent in writing of the Director of Lands:





Provided that nothing in this paragraph shall relate to the part of the said
land referred to in paragraph 15(b).

17. The Corporation shall keep the railway and other works and erections
made or erected on the said land in good and substantial repair:

Provided that nothing in this Schedule shall impose on the Corporation any
obligation to repair any

(a)bridge or subway referred to in paragraph 10(a)(i) and (ii) and shown cross
hatched black on the said plans;

(b)pedestrian ways referred to in paragraph 10(a)(iii) and shown hatched
black on the said plans except in the case of structural defects to a bridge
on which a pedestrian way is situated and which affect the safety of the
way;

(e)concrete platform referred to in paragraph 10 and coloured grey on the
said plans or an access used exclusively in connexion therewith save to
the extent that the Corporation has any interest in the top of the
platform, and then only to the extent of that interest.

18. The Government may at any time enter upon any cutting, embankment
or retaining wall on the said land which, by reason of its condition, injuriously
affects or is likely to affect any Crown land and execute such work thereon as may
be reasonably necessary to prevent such injurious affection. The reasonable costs
so incurred shall be a debt owing by the Corporation to the Government.

19. The Corporation shall maintain in good and substantial repair fences
erected on the said land to prevent access to the railway by members of the public
or livestock and, in places where such fences are required for the protection of the
public or livestock and were not in existence immediately prior to the appointed
day, shall construct fences adequate for such purpose and so maintain them.

20. Subject to the proviso to paragraph 17 the Corporation shall be liable to
pay a reasonable portion of all expenses incurred by the Government, and the
Government a reasonable portion of all expenses incurred by the Corporation, in
repairing and rebuilding and cleansing all party walls, fences, sewers, drains, roads,
pavements and other things the use of which is common to the said land and to
any adjoining land held by the Crown. In the absence of agreement on the sum the
Government or the Corporation shall pay, this shall be determined in accordance
with the Arbitration Ordinance by reference to 2 arbitrators, one to be appointed
by each party.

21. The Government shall have the right to such facilities as it may
reasonably require for police, immigration or customs purposes on railway
premises:

Provided that nothing in this paragraph shall require the Corporation to
carry out any building or other works otherwise than at the expense of the
Government.

PART 111

22. The Governor may by order in the Gazette amend-

(a)Part 1 of this Schedule by extending the term of years for which the said
land, or any part thereof, is vested in the Corporation;

(b) Part II of this Schedule:

Provided that the prior consent of the Corporation shall be required to any
amendment which has the effect of imposing any new restriction on the
Corporation as to the manner in which it may use the said land or any part
thereof or which otherwise limits the rights granted in this Schedule.







23. That part of the said land lying below the land registered in the District
Land Office, Sha Tin, as Sha Tin Town Lot No. 87 shall be subject to the mutual
rights and obligations reserved in and imposed by, and the agreements and
conditions contained in, the Conditions of Sale registered in the said District Land
Office as New Grant No. 113 26.

24. (1) In this Schedule the expressions 'the said land' and 'the said plans'
have the meanings assigned to them by paragraph 1.

(2) Any reference to the Government or the Corporation shall where the
reference relates to any right to go onto any land or do anything thereon be
deemed to refer also to their servants or agents.

(3) In this Schedule references to 'the railway' shall be construed as referring
to the Kowloon-Canton Railway and references to 'railway purposes' shall be

construed accordingly.(Added, 56of1986, s. 19)





THIRD SCHEDULE [s. 7(5).]

1. (1) It shall be the duty of the Government and the Corporation, whether
before or after the appointed day, so far as is practicable, to arrive at such written
agreements and to execute such other instruments as are necessary or expedient to
identify or define the property, rights or liabilities transferred to the Corporation
or retained by the Government and as will afford to the Government and the
Corporation such rights and safeguards as may be required.

(2) If the Secretary for Transport or the Corporation represents to the
Governor in Council, or if it appears to the Governor in Council without such a
representation, that it is unlikely in the case of any matter on which agreement is
required under sub-paragraph (1) that such agreement will be reached, the Governor
in Council may, whether before or after the appointed day, give a direction
determining that matter and may include in the direction any provision which
might have been included in an agreement under sub-paragraph (1); and any
property, rights or liabilities required by the direction to be transferred to the
Corporation shall be regarded as having been transferred by this Ordinance to, and
by virtue thereof vested in, the Corporation accordingly.

2. In the case of any transfer to which this Schedule applies, a joint
certificate on behalf of the Government and the Corporation that any property
specified in the certificate, or any such interest in or right over any such property
as may be so specified, or any right or liability so specified, is by virtue of this
Ordinance for the time being vested in such one of them as may be so specified,
shall be conclusive evidence for all purposes of that fact; and if on the expiration
of one month after a request from either of them for the preparation of such a
joint certificate as respects any property, interest, right or liability, they have
failed to agree on the terms of the certificate, the Corporation and the Secretary
for Transport shall refer the matter to the Governor in Council and issue the
certificate in such terms as he may direct.

3. Where in the case of any transfer to which this Schedule applies any rights
or liabilities transferred are rights or liabilities under an agreement (including a
tenancy agreement or lease) to which the Government was a party immediately
before the appointed day, whether in writing or not, and whether or not of such
nature that rights and liabilities thereunder could be assigned by the Government,
that agreement shall have effect on and after the appointed day as if

(a) the Corporation had been the party to the agreement;

(b)for any reference (whether express or implied and, if express, however
worded) to the Government there were substituted, as respects anything
falling to be done on or after the appoined day, a reference to the
Corporation;

(e)any reference (whether express or implied and, if express, however
worded) to a person employed by, or engaged in the business of, the
Government and holding a specified office or serving in a specified
capacity were, as respects anything falling to be done on or after the
appointed day, a reference to such person as the Corporation may appoint
or, in default of appointment, to a person employed by, or engaged in the
business of, the Corporation who corresponds as nearly as may be to the
first-mentioned person;

(d)any reference in general terms (however worded) to persons employed by,
persons engaged in the business of, or agents of, the Government were, as
respects anything to be done on or after the appointed day, a reference to
persons employed by, persons engaged in the business of, or agents of, the
Corporation;

(e)where the agreement refers to property, rights or liabilities which fall to
be apportioned or divided between the Government and the Corporation,
the agreement constituted two separate agreements separately enforceable
by and against the Government and the Corporation as regards the part of






the

roperty, rights or liabilities retained by the Government or, as the case
may be, the part thereof vesting in the Corporation, and not as regards
the other part,

and sub-paragraph (e) shall apply in particular to the covenants, stipulations and
conditions of any lease by or to the Government.

4. Without prejudice to the generality of the provisions of paragraph 3, the
Corporation under a transfer to which this Schedule applies and any other person
shall, as from the appointed day, have the same rights, powers and remedies (and
in particular the same rights and powers as to the taking or resisting of legal
proceedings or the making or resisting of applications to any authority) for
ascertaining,





perfecting or enforcing any right or liability vested in the Corporation by virtue of
this Ordinance as he would have had if that right or liability had at all times been a
right or liability of the Corporation, and any legal proceedings or applications to
any authority pending on the appointed day by or against the Government in so
far as they relate to any property, right or liability vested in the Corporation by
virtue of this Ordinance, or to any agreement or enactment relating to any such
property, right or liability, shall be continued by or against the Corporation to the
exclusion of the Government.

5. (1) Without prejudice to the provisions of paragraphs 3 and 4, any
transactions effected between the Government and the Corporation in pursuance
of paragraph 1(1) or of a direction under paragraph 1(2) shall be binding on all
other persons, and notwithstanding that it would, apart from this sub-paragraph,
have required the consent or concurrence of any other person.

(2) It shall be the duty of the Government and the Corporation if they effect
any transaction in pursuance of paragraph 1(1) or a direction under paragraph 1(2)
to notify any person who has rights or liabilities which thereby become
enforceable as to part by or against the Government and as to part by or against
the Corporation, and if such a person applies to the Chief Secretary and satisfies
him that the transaction operated unfairly against that person the Chief Secretary
may give such directions to the relevant Department of Government and the
Corporation as appear to him appropriate for varying the transaction.

6. If in the case of any transfer to which this Schedule applies it appears to
the court, at any stage in any court proceedings to which the Government or the
Corporation and a person other than the Government or the Corporation are
parties, that the issues in the proceedings depend on the identification or
definition of any of the property, rights or liabilities transferred which the
Government and the Corporation have not yet effected, or to raise a question of
construction on the relevant provisions of this Ordinance which would not arise if
the Government and the Corporation constituted a single person, the court may, if
it thinks fit on the application of a party to the proceedings other than the
Government and the Corporation, hear and determine the proceedings on the
footing that such one of the Government and the Corporation as is a party to the
proceedings represents and is answerable for the other of them, and that the
Government and the Corporation constitute a single person, and any judgment or
order given by the court shall bind both the Government and the Corporation
accordingly.

FOURTH SCHEDULE

[Amendments
incorporated]

FIFTH SCHEDULE [ss. 7(6) (7),
34A(1) 35(3).]
PART 1

1. There shall be vested in the Corporation for the interest specified in
paragraphs 2, 3, 4 and 5 for a period ending on 30 June 2047 all the Crown land
(in this Schedule called 'the land') described in those paragraphs by reference to
plans (in this Schedule called 'the plans'), certified under the hand of the Director
of Buildings and Lands as being the plans referred to in this Schedule, one set of
which shall be deposited in the offices of the Land Office.

2. In respect of the land shown grey on the plans there shall be vested-

(a)such rights as are necessary to enable the Corporation to construct the
North-west Railway;

(b)such wayleaves or rights of passage as are necessary for the Corporation to
operate the North-west Railway;

(c)the right to maintain or reconstruct all railway tracks, railway bridges and






other works on such land and to construct and maintain new works for the
better exercise of such wayleave or right of passage.





3. In respect of the land shown hatched black on the plans there shall be
vested

(a)such rights as are necessary to enable the Corporation to construct and
maintain platforms (which expression in this paragraph includes the
platforms proper, access ramps, shelters erected over such platforms and
any necessary ancillary structures) for the use of persons alighting from
and ascending into the carriages of the North-west Railway;

(b)the right to place and maintain on such platforms ticket vending
machines and other objects required for the operation of the said Railway;

(e)the right, subject to such reasonable conditions as the Director of
Buildings and Lands may impose, to place advertisements or allow the
placement of advertisements by others, at the stops.

4. In respect of the land shown edged black on the plans there shall be
vested-

(a)the right to construct and maintain such buildings or other structures as
may be specified on the plans at the places so specified;

(b)the right to use such buildings or structures for the operation of the
North-west Railway or to provide facilities for its employees, being
employees engaged in the construction or operation of the North-west
Railway; and

(c) the right to repair or reconstruct such buildings or other structures.

5. In respect of the land in dotted tint on the plans and on payment of such
fees as may be determined by the Director of Buildings and Lands there shall also
be vested the right to lay, maintain, repair and replace cables required for the
operation of the North-west Railway:

Provided that the Corporation shall not be required to pay any fees under this
paragraph which are greater than those which the Government would require for
the exercise by any other person of a like right over Crown land.

6. In respect of the Crown land adjacent to the land vested under paragraphs
2, 3 and 4 there shall be vested in the Corporation such rights as are appurtenant
to the land so vested and are necessary for the beneficial enjoyment by the
Corporation of the rights so vested.

7. Nothing in this Schedule shall vest in the Corporation any rights which
were not vested in the Crown in right of its Government of Hong Kong
immediately prior to the deposit of the plans in accordance with paragraph 1 and
nothing in this Schedule shall affect the exercise by any person, other than the
Government, of any rights in respect of the land which he possessed immediately
prior to the commencement* of the Kowloon-Canton Railway Corporation
(Amendment) Ordinance 1986.

PART 11

8. There is reserved to the Government liberty to open or break up any road
along or across which the North-west Railway is laid, but in the exercise of the
power the Government shall be subject to the following restrictions

(a)it shall cause as little detriment or inconvenience to the Corporation as
circumstances may admit;

(b)before any Government Department commences any work whereby the
traffic on the North-west Railway will be interrupted they shall give to
the Corporation notice of their intention to commence such work,
specifying the time at which they will begin to do so, such notice to be
given 30 days at least before the commencement of the work unless the






work is undertaken as a matter of urgency to remove any hazard to the
safety of any person or property;

(c)in so far as such works may affect the safe operation of the North-west
Railway, they shall not be executed, unless the Corporation otherwise
determines, except under the superintendence of the Corporation;





(d)the works shall be executed without cost to and to the reasonable satisfac-
tion of the Corporation; and
(e)the Government shall in consultation with the Corporation take such steps
as are appropriate to minimize any disruption to the Corporation's rail
services and loss of income to the Corporation occasioned by the execution
of the works.
9. Where the North-west Railway is laid along or across any road the
Corporation shall at its own expense maintain in good condition and repair, and at
their proper level so as not to be a danger or annoyance to the ordinary traffic, the
rails of which the railway line for the time being consists, and the substructure upon
which the rails rest.

10. The Corporation shall at its own expense repair and maintain the roads
shown in grey on the plans to the reasonable satisfaction of the Director of Highways.
11. (1) The Director of Buildings and Lands may, after having given prior
notice to the Corporation of his intention to exercise his powers under this paragraph
and after considering any representations of the Corporation thereon, direct the
Corporation to divert any part of the railway line of the North-west Railway from the
place where it has been constructed in pursuance of the right vested under paragraph
2 or this paragraph from that place to any other place specified in that direction, and
where the Director of Buildings and Lands gives any such direction-

(a)the diversion shall be effected within 12 months from the date of the
direction or within such further time as the Director may allow;

(b)the direction may specify where any platform or other works ancillary to the
North-west Railway are to be reconstructed;
(c)subject to sub-paragraph (2), the reasonable costs of such diversion as
agree between the Corporation and the Director or, in the event of a failure
to agree, as may be determined by arbitration, shall be payable by the
Government out of general revenue;
(d) upon the completion of the works required to effect the diversion-
(i) any rights which the Corporation may have under this Schedule to the
place from which any works have been removed or destroyed for the
purpose of effecting the diversion shall be deemed to be extinguished; and
(ii) there shall be vested in the Corporation for the same interest as it
possessed in the place from which such works have been removed or
destroyed, in respect of which any works have been constructed to effect the
diversion, rights similar in all respects, except in respect of the place where
they may be exercised, as the Corporation had, by virtue of this Schedule, in
the land upon which such works had been removed or destroyed and the
Corporation and the Government shall be subject to similar duties in
respect of the exercise of such rights.
(2) If-
(a)the work to effect a diversion under this paragraph includes the renewal or
replacement of apparatus so that the Corporation derives a benefit from the
life of the new apparatus being longer than the life of the apparatus so
renewed or replaced; or
(b)by reason of the carrying out of such work the Corporation has received or
will receive any other benefit by way of greater efficiency in the running of
the railway, reduction in wear of rolling stock on the North-west Railway or
rails or any other part of the apparatus of the Corporation or by any other
way,

the amount paid to the company under sub-paragraph (1)(c) shall be reduced by the
amount of the value of any such benefit.

12. In the event of the Corporation failing to execute any works which it is
required by paragraph 9, 10 or 11 to execute, the Director of Highways may cause
such works to be executed and may recover the reasonable costs of such works from
the Corporation, in such amount as he may certify to the Corporation, as a civil debt
owed by the Corporation to the Government.

13. The Corporation shall keep the lines of rail and other works and erections
made or erected in connexion with the North-west Railway in good and substantial






repair.





14. Where the Corporation, in pursuance of the rights granted under
paragraph 6, lays any drainage channels or makes any connexion with any drain
maintained by the Government on any land outside the land vested under
paragraph 2, 3 or 4, the Government shall maintain such drain and such
connexion in good condition and repair where such drain or connexion has been
constructed in accordance with the engineering standards of the Government
applicable in the case of similar drains and connexions.

15. The Corporation shall not assign, underlet, part with possession or
otherwise dispose of the said land or any part thereof or any interest therein, or
enter into any agreement so to do without the consent of the Director of Buildings
and Lands or otherwise than in accordance with such terms or conditions as he
may impose in giving his consent including the payment of a premium to the
Government for such consent.

PART 111

16. The Corporation and the Director of Buildings and Lands may agree that
any right vested in the Corporation by section 7(6) and this Schedule may be
varied or extinguished and, if extinguished, that a new right should be granted by
the Governor to the Corporation in place of the right extinguished and, where
such agreement has the effect of varying any plan deposited in the Land Office
under paragraph 1, a plan showing such variation shall be so deposited and, upon
such deposit, the variation shall have effect from the date of the deposit as if it
had been shown on the plans as first deposited under that paragraph and the
provisions of section 7(7) shall apply accordingly.

17. The Governor may by order published in the Gazette amend Part 11 of
this Schedule:

Provided that the prior consent of the Corporation shall be required to any
amendment which has the effect of imposing any new restriction on the
Corporation as to the manner in which it may use the land or any part thereof or
which otherwise limits the rights granted in this Schedule.

18. (1) In this Schedule-

(a)a reference to arbitration shall be construed as a reference to arbitration
under the Arbitration Ordinance and shall, for the purposes of that
Ordinance, be deemed to be a reference by an arbitration agreement, as
defined for the purposes of that Ordinance, to 2 arbitrators, one appointed
by the Corporation and the other by the Director of Buildings and Lands;

(b)the expressions 'the land' and 'the plans' have the meanings assigned to
them by paragraph 1.

(2) Any reference to the Government or the Corporation shall, where the
reference relates to any right to go onto any land or do anything thereon, be
deemed also to refer to their servants or agents.

(Fifth Schedule added, 56 of 1986, s.
20)
Originally 73 of 1982. 10 of 1986. 56 of 1986. L.N. 429/82. Short title. Interpretation. (Cap. 374.) (Cap. 2, sub.leg.) Corporation established. First Schedule. First Schedule. (Cap. 1.) Powers of the Corporation. Second Schedule. General duty of the Corporation. Powers of the Governor in Council in relation to the Corporation. Vesting of assets of the Kowloon-Canton Railway in the Corporation. Second Schedule. Second Schedule. Third Schedule. Fifth Schedule. Fifth Schedule. General financial duties of the Corporation. Payments to Government. Initial capital of the Corporation. (Cap. 112.) Borrowing by the Corporation. Limitation of indebtedness. Guarantee by Government. Accounts, audit and annual report. Appointment of inspectors. General powers of inspectors. Chief Secretary may order that defects by remedied. Offence of negligent act or omission by employee. Offence of wilfully endangering safety. Power to construct extensions to either of the railways. Power to execute work. Alteration of pipes, wires and drains. Maintenance of crossings, bridges, arches, culverts, etc. The Kowloon-Canton Railway deemed to have been constructed under this Part. Opening of extensions. Power to enter lands. Removal of trees. Acquisition of land by the Government for the Corporation. (Cap. 124.) Claims for compensation. (Cap. 17.) Regulations. By-laws. Supplementary provisions relating to by-laws. (Cap. 132.) Penalties. Duty to comply with directions etc. Corporation to have control over the laying of cables, pipes, etc. in the wayleave area. Fifth Schedule. Application of section 11 of the Tramway Ordinance. (Cap. 107.) Certain laws not to apply. (Cap. 123.) (Cap. 228.) (Cap. 132.) Fifth Schedule. Public Bus Services Ordinance not to apply to Corporation's bus services within the North-west Transit Service Area. (Cap. 230.) Avoidance of doubt. (Cap. 245.) Corporation may prosecute in its name etc. (Cap. 227.) Arrest of offenders. (Cap. 232.) (Cap. 341.) (56 of 1986.) [*1.11.86.] (Cap. 341.)

Originally 73 of 1982. 10 of 1986. 56 of 1986. L.N. 429/82. Short title. Interpretation. (Cap. 374.) (Cap. 2, sub.leg.) Corporation established. First Schedule. First Schedule. (Cap. 1.) Powers of the Corporation. Second Schedule. General duty of the Corporation. Powers of the Governor in Council in relation to the Corporation. Vesting of assets of the Kowloon-Canton Railway in the Corporation. Second Schedule. Second Schedule. Third Schedule. Fifth Schedule. Fifth Schedule. General financial duties of the Corporation. Payments to Government. Initial capital of the Corporation. (Cap. 112.) Borrowing by the Corporation. Limitation of indebtedness. Guarantee by Government. Accounts, audit and annual report. Appointment of inspectors. General powers of inspectors. Chief Secretary may order that defects by remedied. Offence of negligent act or omission by employee. Offence of wilfully endangering safety. Power to construct extensions to either of the railways. Power to execute work. Alteration of pipes, wires and drains. Maintenance of crossings, bridges, arches, culverts, etc. The Kowloon-Canton Railway deemed to have been constructed under this Part. Opening of extensions. Power to enter lands. Removal of trees. Acquisition of land by the Government for the Corporation. (Cap. 124.) Claims for compensation. (Cap. 17.) Regulations. By-laws. Supplementary provisions relating to by-laws. (Cap. 132.) Penalties. Duty to comply with directions etc. Corporation to have control over the laying of cables, pipes, etc. in the wayleave area. Fifth Schedule. Application of section 11 of the Tramway Ordinance. (Cap. 107.) Certain laws not to apply. (Cap. 123.) (Cap. 228.) (Cap. 132.) Fifth Schedule. Public Bus Services Ordinance not to apply to Corporation's bus services within the North-west Transit Service Area. (Cap. 230.) Avoidance of doubt. (Cap. 245.) Corporation may prosecute in its name etc. (Cap. 227.) Arrest of offenders. (Cap. 232.) (Cap. 341.) (56 of 1986.) [*1.11.86.] (Cap. 341.)

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