Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 15A

Suspension of any part of franchise relating to KCRC Railway

(1) Section 15(6)(a) does not apply to any Concession Property.

(2) Section 15(6)(b) does not apply to the extent that the loss or damage
arises from or is attributable to the suspension of any part of the franchise
relating to the KCRC Railway.

(3) Where any part of the franchise relating to the KCRC Railway is suspended
under section 15(1) and the suspension is attributable to a specified cause-

   (a)  the Government is liable to pay compensation for the loss of or damage
        to any Concession Property taken possession of under section 15(5) in
        connection with the suspension of that part of the franchise (but
        excluding, for the avoidance of doubt, the loss of the right to use or
        possess that Concession Property); and

   (b)  subject to paragraph (a), the Government is not liable to pay
        compensation for any loss or damage of any other kind (including
        consequential loss) sustained by the Corporation and in any way
        arising from or attributable to the suspension of that part of the
        franchise.

(4) Where any part of the franchise relating to the KCRC Railway is suspended
under section 15(1) and the suspension is attributable otherwise than to a
specified cause, the Government is liable to pay compensation for-

   (a)  the loss of or damage to any Concession Property taken possession of
        under section 15(5) in connection with the suspension of that part of
        the franchise (and including, for the avoidance of doubt, the loss of
        the right to use or possess that Concession Property); and

   (b)  any actual loss or damage of any other kind (but excluding, for the
        avoidance of doubt, any consequential loss) sustained by the
        Corporation and resulting directly from or attributable to the
        suspension of that part of the franchise.

(5) For the avoidance of doubt, subsections (3) and (4) do not apply to any
loss or damage which arises from or is attributable to the taking possession
of any Corporation Common Property under section 15(5), for which compensation
shall be payable under section 15(6).

(6) The amount of any compensation payable under subsection (4) shall be
calculated in accordance with the provisions of the operating  agreement
relating to the calculation of compensation payable under this section.

(7) In this section and section 15B-

"Corporation Common Property" (港鐵共用財產) means any property (other
than Concession Property) which at the time of the suspension of the franchise
or any part of it, is property owned, kept or used by the Corporation for the
purposes of or in connection with the operation of both the KCRC  Railway and
the Mass Transit Railway, and which falls within the
definition of "Corporation Common Property" in the Service Concession 
Agreement;

"KCRC Common Property" (九鐵共用財產) means any Concession Property
which at the time of the suspension of the franchise or any part of it, is
Concession  Property kept or used by the Corporation for the purposes of or in
connection with the operation of both the KCRC Railway and the Mass
Transit Railway, and which falls within the definition of "KCRC Common
Property" in the Service Concession Agreement;

"specified cause" (指明原因) means-

   (a)  anything done or omitted to be done by the Corporation;

   (b)  a breach of the Service Concession Agreement by the Corporation; or

   (c)  a breach of the operating agreement by the Corporation. (Added 11 of
        2007 s. 11)

"Corporation Common Property" (港鐵共用財產)

"KCRC Common Property" (九鐵共用財產)

"specified cause" (指明原因)