Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 21

Government may be required to take possession of railway property

(1) Where there has been any occasion of exercise of the power conferred under
section 19(1) to take possession of property used or kept by the Corporation
for the purposes of or in connection with the franchise the Corporation may,
by notice to the Secretary, request the Government to take possession of any
other property which the Government, its nominee or a third party designated
by the Government was entitled to take possession of, but did not take
possession of, under that subsection on that occasion.

(2) A notice under subsection (1) shall be given within a period of 6 months
from the occasion on which the power conferred under section  19 (1) was
exercised and shall, as regards any property which the Government is requested
to take possession of-

   (a)  specify the property and its location;

   (b)  contain information, or be accompanied by documents, verifying that
        the property was, on the occasion of the exercise of the power under
        section 19(1), property which was used or kept by the Corporation for
        the purposes of or in connection with the franchise; and

   (c)  contain all information necessary for the Government to gain access to
        and take possession of the property.

(3) Unless there is some legal impediment to its doing so, or it is unable to
gain access to the property, the Government shall take possession of the
property specified in the notice referred to in subsection (1).

(4) A taking of possession of property by the Government under this section
shall be treated for the purposes of section 20(1) and (2) as if it were a
taking of possession of that property under section 19(1).

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

(6) No action lies against the Government in respect of the taking of
possession of any property under this section on the ground that the property
was not property which the Government was entitled to take possession of under
this section.