Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 20

Compensation for use of railway property under section 19

(1) The Government is liable to pay compensation for the use of, loss of or
damage to any property taken possession of under section 19.

(2) If property taken possession of under section 19 is disposed of under
section 19(3) otherwise than by being returned to the Corporation,
compensation is payable in accordance with subsection (1) to the extent that
the property is not replaced or its loss compensated for in some other manner.

(3) Where property taken possession of under section 19 is property that is
already in the possession of the Government, its nominee or a third party
designated by the Government by virtue of the exercise of powers conferred
under section 15(5), the amount of any compensation payable under
section 15(6) shall be deducted from the amount of compensation that would
otherwise be payable under this section.

(4) Notice given by the Corporation under section 19(4) does not affect the
Corporation's entitlement to compensation under this section and, accordingly,
the amount of any compensation payable under this section in respect of
property specified in such a notice shall be calculated as if the property had
been disposed of under section 19(3) without that notice having been given.

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