Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 25

Utility services

(Past version on 11/07/1997).

(1) The Secretary may give notice to the owner of any gas, electricity, water
or telecommunications service apparatus situated on any unleased Government
land requiring him, at his own expense (subject to any contract between that
owner and the Government) to alter the course or position of any wire, line,
cable, pipe, tube, casing, duct, post or other apparatus which belongs to or
is maintained by that owner and to repair any road surface disturbed by the
action if, in the opinion of the Secretary, the alteration and repair is
required for the purposes of the scheme. (Amended 36 of 2000 s. 28)

(2) A notice referred to in subsection (1) must-

   (a)  specify the nature of the apparatus to which the notice applies and
        set out the Secretary's requirements as to the alteration of its
        course or position and the repair of any road surface;

   (b)  stipulate the period within which such work will be carried out; and

   (c)  be served upon the owner not later than 28 days before the
        commencement of that period.

(3) The period mentioned in subsection (2)(b) must be a period which is
reasonably necessary for the carrying out of the Secretary's requirements as
mentioned in subsection (2)(a) and, before stipulating a period, the Secretary
must consult the owner of the apparatus to which the notice applies.

(4) If the owner does not comply with the notice, the Secretary may carry out
the operations mentioned in the notice and, subject to any contract between
the owner and the Government, recover the cost from the person to whom the
notice was given.