Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 19A

Taking possession of Concession Property by Government upon revocation or expiry of franchise

(1) Section 19(1) does not apply to Concession Property.

(2) Where the franchise or that part of it relating to the KCRC  Railways is
revoked under section 18 or the franchise 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 Concession  Property
and use such Concession Property in the operation of the service and the
TSA bus service to the extent that they are covered by the revocation or
expiry as it thinks fit.

(3) Subject to subsections (4) and (5), any Concession Property taken
possession of under subsection (2) may be returned to KCRC or may be otherwise
disposed of in a manner and upon terms the Chief Executive in Council may
think fit.

(4) The right conferred under subsection (2) to take possession of any
Concession Property and to use such Concession Property includes the right to
keep or maintain such Concession Property in whatever condition or to alter
such Concession Property in whatever manner.

(5) Without affecting any entitlement to compensation under section  19B ,
nothing in this Ordinance or any other law imposes on the Government any
obligation in relation to the condition in which any Concession  Property
taken under subsection (2) 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 Concession Property taken possession of under
subsection (2) (and for that purpose and to that extent only), title in that
Concession Property is deemed to be vested in the Government. (Added 11 of
2007 s. 15)