Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/2002).
(Past version on 16/06/2000).
(Past version on 11/07/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution. In this Ordinance, unless the context otherwise
requires-

"building" (建築物) has the same meaning as in the Buildings Ordinance (
Cap  123); 'Building Authority" (建築事務監督) means the Director of
Buildings; 'building works" (建築工程) includes any kind of building
construction, site formation works, ground investigation in the areas set out
in the Fifth Schedule to the Buildings Ordinance ( Cap 123), foundation works,
repairs, demolition, alteration, addition and every kind of building
operation, and includes drainage works;

"claim" (申索) means a claim for compensation under this Ordinance;

"claimant" (申索人) means a person who has made a claim;

"compensatable interest" (可獲補償權益) means the estate or interest of-

   (a)  a person having an unexpired lease of land (including any further term
        which could be obtained as of right) of not less than one month or a
        tenancy or sub-tenancy terminable (whether by virtue of an Ordinance
        or otherwise) by either party by not less than one month's notice;

   (b)  a mortgagee in possession;

   (c)  the holder of a valid option to purchase an estate or interest
        referred to in paragraph (a) or (b);

   (d)  a purchaser under an agreement for sale and purchase to whom the
        benefit of an estate or interest referred to in paragraph (a) or (b)
        has already passed; or

   (e)  the executor, administrator and beneficiary of a person having an
        estate or interest set out in paragraph (a), (b), (c) or (d);

"foreshore" (前濱) means the shore and includes the bed of the sea and of
any tidal water within Hong Kong, below the line of the high water mark but
above the low water mark;

"land" (土地) includes and may, where the context requires, have any one or
more of the following meanings separately-

   (a)  land lying wholly beneath the surface;

   (b)  the whole or part of a building or other erection or fixture on land;

   (c)  where an undivided share of a leasehold interest in land has
        appurtenant to it rights to the exclusive use and occupation of a
        building or a part of a building on the land, the share in the land
        and the appurtenant rights;

   (d)  any other estate, right, share or interest in land;

"mortgage" (按揭) means a mortgage or charge registrable in the Land
Registry;

"operations of a preventive or remedial nature"
(屬預防或補救性質的作業) means to underpin or strengthen any land
or building or any other work intended to render the land or building
reasonably safe or to repair or detect damage caused by the construction,
operation, modification, improvement or extension of the railway;

"owner" (擁有人) in relation to land, means the person holding the land-

   (a)  directly under a Government lease;

   (b)  under another title directly from the Government registered in the
        Land Registry;

   (c)  vested by legislation; or

   (d)  by way of possessory title, and includes the executor, administrator
        and beneficiary of the person;

"railway" (鐵路), except in section 45, means any railway or proposed
railway which is the subject of a scheme and includes all railway premises,
depots, tracks, cuttings, embankments, tunnels, stations, goods and rail
yards, car parks and other areas for ancillary uses but excludes non-railway
developments above stations or above other railway property;

"reclamation" (填海) includes any work over and upon any foreshore and
sea-bed;

"scheme" (方案) means-

   (a)  subject to paragraphs (b) to (d), a scheme referred to in section 4, 5
        or 6;

   (b)  subject to paragraphs (c) and (d), where a scheme has been amended
        under section 7, or corrected under section 8, or amended under
        section 7 and corrected under section 8, the scheme so amended or
        corrected or amended and corrected, as the case may be;

   (c)  subject to paragraph (d), where a scheme has been authorized under
        section 11 or 12(1), the scheme so authorized;

   (d)  where a scheme has been amended under section 12(2), the scheme so
        amended, and includes the plan attached to the scheme;

"sea-bed" (海床) means the shore and bed of the sea and of any tidal water
within Hong Kong, below the line of the high water mark;

"Secretary" (局長) means the Secretary for Transport and Housing; (Replaced
L.N. 106 of 2002. Amended L.N. 130 of 2007)

"telecommunications service" (電訊服務) has the meaning under the
Telecommunications Ordinance ( Cap 106). (Amended 36 of 2000 s. 28)

"building" (建築物) 'Building Authority" (建築事務監督) 'building
works" (建築工程)

"claim" (申索)

"claimant" (申索人)

"compensatable interest" (可獲補償權益)

"foreshore" (前濱)

"land" (土地)

"mortgage" (按揭)

"operations of a preventive or remedial nature"
(屬預防或補救性質的作業)

"owner" (擁有人)

"railway" (鐵路)

"reclamation" (填海)

"scheme" (方案)

"sea-bed" (海床)

"Secretary" (局長)

"telecommunications service" (電訊服務)