Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 45

Exemption, repeal and transitional provisions

(Past version on 11/07/1997).

(1) The Secretary for Transport may by notice published in the Gazette appoint
a date as the appointed date for the purposes of this section. (Amended L.N.
106 of 2002)

(2) (a) Subject to paragraph (b), the Chief Executive in Council may at any
time before the appointed date by order published in the Gazette exempt from
the operation of this Ordinance any railway or any part of a railway specified
in the order. (Amended 62 of 1999 s. 3)

   (b)  An exemption under paragraph (a) shall as from the appointed  date
        cease to have effect in respect of a railway or any part of a railway,
        unless the railway or the part of the railway, as the case may be, is
        immediately before the appointed date an existing railway.

(3) (a) Subject to paragraph (b), the Mass Transit Railway 
(Land Resumption and Related Provisions) Ordinance ( Cap 276) shall as from
the appointed date be repealed.

   (b)  For so long as an exemption under subsection (2) has effect in respect
        of any existing railway at any time on or after the appointed  date,
        the provisions of the Mass Transit Railway (Land Resumption and 
        Related Provisions) Ordinance ( Cap 276) shall, notwithstanding
        paragraph

   (a)  , continue to have effect subject however that-

        (i)    (A) any reference therein to railway shall be regarded as a
               reference to any such existing railway; (B) any reference
               therein to railway area shall be regarded as a reference to the
               land delineated as railway area in respect of any such
               existing railway under that Ordinance immediately before the
               appointed  date;

        (ii)   (A) subject to sub-subparagraphs (B) and (C), sections  3 to 7
               and 9, and section 15(3) to (5), of that Ordinance shall be
               regarded as having been repealed; (B) sections 8 and 20 of that
               Ordinance shall be regarded as having effect as if sections 3
               to 7 and 9 of that Ordinance had not been repealed; (C)
               references in sections 31 and 34 of and the Schedules to that
               Ordinance to any of the provisions of sections 3 to 7 and 9 of
               that Ordinance shall be regarded as references to such
               provisions whilst in force;

        (iii)  section 16 of that Ordinance shall be regarded as having been
               amended- (A) by repealing "5(2)(a)(i), 7(2)(a)(i), 9,"; (B) by
               repealing "or lawfully exercising any power consequential or
               incidental to an easement or right created pursuant to
               section 6".

(4) In this section- "appointed date" (指定日期) means the date appointed
by the Secretary for Transport under subsection (1); (Amended L.N. 106 of
2002)

"existing railway" (現有鐵路) means a railway or any part of a railway-

   (a)  in respect of which any land has been delineated as railway area under
        the Mass Transit Railway (Land Resumption and Related 
        Provisions) Ordinance ( Cap 276) immediately before the
        appointed date; and

   (b)  the construction of which has been completed at any time before the
        appointed date.

"appointed date" (指定日期)

"existing railway" (現有鐵路)