Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 19

Use of railway property by Government

(1) Where the franchise is revoked under section 18 or has expired and has not
been extended under section 5, the Government, its nominee or a third party
designated by the Government may take possession of any property which at the
time of such revocation or expiry is property used or kept by the Corporation
for the purposes of or in connection with the franchise and may use that
property in the operation of the railway as it thinks fit.

(2) Property taken possession of under subsection (1) may be retained-

   (a)  for an initial period not exceeding 2 years, as may be determined by
        the Chief Executive in Council; and

   (b)  for such further successive periods not exceeding 6 months each as the
        Chief Executive in Council may determine, and notice of any such
        determination shall be published in the Gazette.

(3) Subject to subsections (4) and (5), at any time during or upon the expiry
of a period of retention under this section, property taken possession of
under subsection (1) may be returned to the Corporation or may be otherwise
disposed of in a manner and upon terms the Chief Executive in Council may
think fit.

(4) At any time during the period for which any property is retained under
subsection (2), the Corporation may by notice in writing to the Secretary
inform the Government that the Corporation does not wish the property to be
returned to the Corporation, and in that case the Government is not entitled
to return the property to the Corporation under subsection (3).

(5) The right conferred under subsection (1) to take possession of property
and to use that property in the operation of the railway includes the right to
keep or maintain the property in whatever condition, or to alter the property
in whatever manner, is considered appropriate for that purpose and, without
affecting any entitlement to compensation under section 20, nothing in this
Ordinance or any other law imposes on the Government any obligation in
relation to the condition in which property taken under subsection (1) is to
be kept or returned.

(6) For the purpose of, and to the extent necessary to effect, the disposal
under subsection (3) of any property taken possession of under subsection (1)
(and for that purpose and to that extent only), title in the property is
deemed to be vested in the Government.