Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 13

Scope of railway

Adaptation amendments retroactively made - see 62 of 1999 s. 3

(1) The Secretary may authorize a person to construct the railway only to the
extent authorized and subject to any modifications or conditions imposed by
the Chief Executive in Council and as set out in the scheme.

(2) Where a condition imposed by the Chief Executive in Council requires
anything to be done by the Secretary to lessen or avoid the effects of the
scheme-

   (a)  anything done by the Secretary or authorized by him to be done in
        compliance with that condition is a part of the scheme;

   (b)  the Secretary may enter or authorize any other person to enter any
        land or building, after giving at least 28 days notice to the owner
        and the occupier, and do what is required to comply with that
        condition; and

   (c)  the condition is taken to have been met if the condition is met in
        respect of all the persons for whose benefit the condition was imposed
        other than those who waive compliance in writing.

(3) The notice mentioned in subsection (2)(b) must-

   (a)  describe the purpose of the entry; and

   (b)  be served on the owner and the occupier.

(4) Where-

   (a)  the Secretary has authorized the scheme; or

   (b)  the Chief Executive in Council has declined to authorize the scheme;
        or

   (c)  the Chief Executive in Council has authorized the scheme; or

   (d)  the Chief Executive in Council imposes any modifications or conditions
        when authorizing the scheme; or

   (e)  any modification or condition previously imposed is removed or varied,
        that fact is to be published in the manner set out in section 6.
        (Amended 62 of 1999 s. 3)