Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/2007).
(Past version on 01/07/2002).
(Past version on 30/06/2000).

(1) In this Ordinance, unless the context requires otherwise-

"appointed day" (指定日期) means the day designated as the appointed day
under section 3; "bus" (巴士) has the same meaning as in the
Road Traffic Ordinance ( Cap  374); (Added 11 of 2007 s. 5)

"Chief Executive Officer" (行政總裁) means the Chief Executive Officer of
the Corporation; (Added 11 of 2007 s. 5)

"Commissioner" (署長) means the Commissioner for Transport;

"Concession Period" (經營權有效期) means the period for which that part
of the franchise relating to the KCRC Railways is in force, and any period for
which the whole or any part of such part of the franchise is suspended under
this Ordinance; (Added 11 of 2007 s. 5)

"Concession Property" (經營權財產) means-

   (a)  any property which the Corporation has the right to have access to,
        use or possess under the Service Concession Agreement, and which falls
within the definition of "Concession Property" in the Service Concession 
Agreement;

   (b)  any property acquired, purchased, hired, produced, created,
        constructed, developed, processed or adapted for use by the
        Corporation and used only for the purposes of the repair, maintenance,
        replacement or improvement of the property referred to in paragraph
        (a), and which falls
within the definition of "Concession Property" in the Service Concession 
Agreement; and

   (c)  any other property which falls within the definition of

"Concession Property" in the Service Concession Agreement; (Added 11 of 2007
s. 5)

"Corporation" (港鐵公司) means the MTR Corporation Limited; (Amended 11 of
2007 s. 5)

"extension" (延長部分) means, in relation to the railway, an extension
provided for in a scheme authorized under the Railways Ordinance ( Cap 519);

"franchise" (專營權) means the franchise granted under section 4;

"franchise period" (專營期) means the period for which the franchise is
granted under section 4, as extended under this Ordinance;

"inspector" (視察主任) means a person appointed as an inspector under
section  26 ;

"KCRC" (九鐵公司) means the Kowloon-Canton Railway Corporation established
by section 3 of the KCRC Ordinance; (Added 11 of 2007 s. 5)

"KCRC Ordinance" (《九鐵條例》) means the Kowloon-Canton Railway
Corporation Ordinance ( Cap 372); (Added 11 of 2007 s. 5)

"KCRC Railway" (九鐵公司鐵路) means any railway within the meaning of
section 2(1) of the KCRC Ordinance which the Corporation has the right to have
access to, use or possess under the Service Concession Agreement, and a
reference to the KCRC Railways is a reference to all such railways; (Added 11
of 2007 s. 5)

"Mass Transit Railway" (地下鐵路) means the railway system known as the
Mass  Transit Railway and indicated on plans endorsed by the Secretary and
deposited by the Corporation with the Land Registry from time to time, or any
part of that system;

"Mass Transit Railway Corporation" (地下鐵路公司) means the entity of
that name established by section 3(1) of the repealed Ordinance;

*"Merger Date" (合併日期) means the day appointed under section 2 of the
Rail Merger Ordinance (11 of 2007); (Added 11 of 2007 s. 5)

"MTR Corporation Limited" (香港鐵路有限公司) means the entity of that
name incorporated under the Companies Ordinance ( Cap 32); (Amended 11 of 2007
s. 5)

"MTRC" means the Mass Transit Railway Corporation;

"North-west Railway" (西北鐵路) has the same meaning as in section 2(1) of
the KCRC Ordinance; (Added 11 of 2007 s. 5)

"North-west Transit Service Area" (西北鐵路服務範圍) has the same
meaning as in section 2(1) of the KCRC Ordinance; (Added 11 of 2007 s. 5)

"operating agreement" (營運協議) means any agreement entered into between
the Corporation and the Secretary acting on behalf of the Government which is
declared by its terms to be an operating agreement for the purposes of this
Ordinance or to be an agreement amending or supplementing such an agreement,
as having effect from time to time;

"railway" (鐵路)-

   (a)  during the Concession Period, means the Mass Transit Railway and the
        KCRC Railways, and a reference to the railway includes a reference to
        a part of the railway; and

   (b)  at any other time, means the Mass Transit Railway; (Replaced 11 of
        2007 s. 5)

"railway premises" (鐵路處所)-

   (a)  during the Concession Period, means-

        (i)    any area, space or building occupied by the Corporation which
               is designed, equipped or set apart for the carriage of
               passengers or goods, or both passengers and goods, by train or
               for affording facilities incidental to the carriage of
               passengers or goods, or both passengers and goods, by train;
               and

        (ii)   any train on premises specified in subparagraph (i); and

   (b)  at any other time, means-

        (i)    any area, space or building occupied by the Corporation which
               is designed, equipped or set apart for the carriage of
               passengers by train or for affording facilities incidental to
               the carriage of passengers by train; and

        (ii)   any train on premises specified in subparagraph (i); (Replaced
               11 of 2007 s. 5)

"repealed Ordinance" (已廢除條例) means the Mass Transit Railway
Corporation Ordinance ( Cap 270);

"Secretary" (局長) means the Secretary for Transport and Housing; (Amended
L.N. 106 of 2002; L.N. 130 of 2007)

"service" (服務) means railway service;

"service concession" (服務經營權) means an arrangement under which the
rights of KCRC to have access to, use or possess certain railways and certain
other property for the operation of those railways or the TSA bus service, are
granted to the Corporation; (Added 11 of 2007 s. 5)

"Service Concession Agreement" (服務經營權協議) means any agreement
entered into between KCRC as the grantor and the Corporation as the grantee
(and with or without any other party) under which a service concession is
granted, and stated by its terms to be a Service Concession Agreement for the
purposes of this Ordinance or any agreement amending or supplementing such an
agreement, as having effect from time to time; (Added 11 of 2007 s. 5)

"transport interchange" (運輸交匯處) means any area, space or building
delineated in plans certified by the Commissioner and deposited by the
Corporation in the Land Registry under section 31.

"TSA bus service" (西北鐵路巴士服務) means the service provided
through the operation of bus services within the
North-west Transit Service Area. (Added 11 of 2007 s. 5)

(2) Reference in this Ordinance to construction of the railway is a reference
to undertaking every stage of the process beginning with its design and
planning and ending when the railway is brought into operation.
___________________________________________________________________________
____ Note:

*Merge Date: 2 December 2007.

"appointed day" (指定日期) "bus" (巴士)

"Chief Executive Officer" (行政總裁)

"Commissioner" (署長)

"Concession Period" (經營權有效期)

"Concession Property" (經營權財產)

"Corporation" (港鐵公司)

"extension" (延長部分)

"franchise" (專營權)

"franchise period" (專營期)

"inspector" (視察主任)

"KCRC" (九鐵公司)

"KCRC Ordinance" (《九鐵條例》)

"KCRC Railway" (九鐵公司鐵路)

"Mass Transit Railway" (地下鐵路)

"Mass Transit Railway Corporation" (地下鐵路公司)

"Merger Date" (合併日期)

"MTR Corporation Limited" (香港鐵路有限公司)

"MTRC"

"North-west Railway" (西北鐵路)

"North-west Transit Service Area" (西北鐵路服務範圍)

"operating agreement" (營運協議)

"railway" (鐵路)

"railway premises" (鐵路處所)

"repealed Ordinance" (已廢除條例)

"Secretary" (局長)

"service" (服務)

"service concession" (服務經營權)

"Service Concession Agreement" (服務經營權協議)

"transport interchange" (運輸交匯處)

"TSA bus service" (西北鐵路巴士服務)