Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 20

Chief Executive may order creation of easements and rights

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

(1) The Chief Executive may by order create easements and other permanent
rights in, under or over land and rights of temporary occupation of land
within the boundaries of the scheme, which easements and rights were proposed
in the scheme in favour of the Government for the purposes of or incidental to
the railway. (Amended 62 of 1999 s. 3)

(2) An order under subsection (1) must specify the period of notice to be
given to the owner and occupier of the land over which the rights are created.
The notice period is to run from the day on which notice of the order creating
the easement or right is affixed to the land and in no case to expire earlier
than 28 days from that day.

(3) An order referred to in subsection (1) may contain such consequential and
incidental provisions as appear to the Chief Executive to be necessary or
expedient for the purposes of the order including in particular provisions for
authorizing persons to enter upon land or building for the purposes of
carrying out any operations or installing, maintaining or removing any
structures or apparatus. (Amended 62 of 1999 s. 3)

(4) Unless the Chief Executive has revoked the order referred to in subsection
(1), upon expiry of the notice period, the easement or right is to be created
in favour of the Government and the benefits and obligations of that right and
all consequential and incidental provisions are to be of full force and effect
against all persons having any estate, right, share or interest in the land
without any consent, grant or conveyance. (Amended 62 of 1999 s. 3)

(5) A person is not permitted, in exercise of any power of entry under
subsection (3), to enter upon any land which is occupied without giving at
least 28 days notice of his intention to do so, unless the Secretary is of the
opinion that an emergency exists which necessitates immediate entry.

(6) A notice under subsection (5) must be served on the owner and occupier of
the land.

(7) The ownership of any thing is not to be altered by reason only that it is
placed on or affixed to any land in exercise of the rights and powers arising
from or incidental to an easement or right created under subsection (1).

(8) The Secretary is required, as soon as practicable after an easement or
other permanent right has been created in favour of the Government, to cause
the creation of such easement or right to be noted in the register of the land
kept in the Land Registry.