Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 18

Resumption order

(Past version on 11/07/1997).

(1) An order made under section 16 is to specify the period of notice to be
given under subsection (2), which period is to-

   (a)  run from the day on which notice of the resumption is affixed on or
        near the land and in no case expire earlier than 28 days from that
        day; and

   (b)  prevail over any other period of notice or resumption (whether shorter
        or longer) provided for by the Government lease or other instrument
        under which the land is held.

(2) Unless the Chief Executive has previously revoked the order for
resumption, the resumption of the land described in the order is to be
effective upon expiration of the period of notice specified in the order and,
upon its expiry, that land is to- (Amended 62 of 1999 s. 3)

   (a)  where it is an undivided share in land, vest in The Financial
        Secretary Incorporated together with such rights to the use and
        occupation of any building or part of the building as may be
        appurtenant to the ownership of that share; and

   (b)  in all other cases, revert to the Government, but in either case the
        land is to vest or revert without any conveyance and free of all
        mortgages, charges, claims, estates, easements, rights or interests of
        any kind in favour of any person.

(3) The ownership of any apparatus belonging to an owner or supplier of gas,
electricity, water or telecommunications services and situated in, under or
over any land is not altered by reason only of the vesting or reversion of
that land under subsection (2). (Amended 36 of 2000 s. 28)

(4) The Secretary is required, as soon as practicable after the land has
vested in The Financial Secretary Incorporated or reverted to the Government,
to cause such vesting or reversion to be noted in the register of the land
kept in the Land Registry.

(5) Upon vesting of an undivided share in The Financial Secretary
Incorporated, the share together with any part of a building the exclusive use
and occupation of which is appurtenant to the ownership of the share, is taken
to be unleased land for the purposes of section 6 of the Land 
(Miscellaneous Provisions) Ordinance ( Cap 28). (Amended 29 of 1998 s. 100)