Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 19C

Rights to have access to and use KCRC Common Property or Corporation Common Property upon revocation or expiry of franchise

(1) 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 have access to any Corporation 
Common Property which is not taken possession of under section 19(1), and may
use such Corporation Common Property in the operation of the service and the
TSA bus service to the extent that they are covered by the revocation or
expiry in accordance with the provisions of the operating  agreement relating
to such use.

(2) Where that part of the franchise relating to the KCRC Railways is revoked
under section 18 and that part of the franchise relating to the
Mass Transit Railway remains in force, the Corporation may have access to any
KCRC Common Property which is taken possession of under section  19A (2), and
may use such KCRC Common Property in the operation of the Mass 
Transit Railway in accordance with the provisions of the operating  agreement
relating to such use.

(3) In this section-

        (a)	"Corporation Common Property" (港鐵共用財產) means any property 


(other than Concession Property) which at the time of the revocation of the
franchise or that part of it relating to the KCRC Railways or the expiry of
the franchise (as the case may be), 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;

        (b)	"KCRC Common Property" (九鐵共用財產) means any Concession Property 
which at the time of the revocation of that part of the franchise relating to
the KCRC Railways, 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.
(Added 11 of 2007 s. 15)

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

"KCRC Common Property" (九鐵共用財產)