Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 38

Agreements, transactions, etc. affecting MTRC

(1) Any agreement made, transaction effected or other thing done by, to or in
relation to MTRC which is in force or effective immediately before the
appointed day shall have effect as from that day as if made, effected or done
by, to or in relation to the Corporation, in all respects as if the
Corporation were the same person in law as MTRC.

(2) Accordingly, references (whether express or implied) to MTRC-

   (a)  in any agreement made, transaction effected or other thing done by, to
        or in relation to MTRC (whether or not in writing);

   (b)  in any process or other document issued, prepared or employed for the
        purpose of any proceedings before any court or other tribunal or
        authority;

   (c)  in any other document whatever (other than an enactment) relating to
        or affecting any property, right or liability of MTRC which vests by
        virtue of section 37 in the Corporation, shall be taken as from the
        appointed day as referring to the Corporation.

(3) Where immediately before the appointed day there is in force or effective
an agreement made, transaction effected or other thing done by, to or in
relation to MTRC which refers (in whatever terms and whether expressly or by
implication) to a person employed by or engaged in the business of MTRC, that
agreement, transaction or other thing shall have effect, in relation to
anything falling to be done on or after the appointed day, as if for that
reference there were substituted a reference to such person as the Corporation
may appoint or, in default of appointment, to the person employed by or
engaged in the business of the Corporation who corresponds as nearly as may be
to the person employed by or engaged in the business of MTRC in question.

(4) For the avoidance of doubt, reference in this Part to any agreement made,
transaction effected or other thing done by, to or in relation to MTRC
includes reference to-

   (a)  any guarantee, conveyance, deed, lease, licence, notice, permit,
        document granting or comprising any security, bond, mandate,
        instruction and other document or instrument entered into by, given to
        or by or addressed to MTRC;

   (b)  any instruction, order, direction, mandate, power of attorney,
        authority, undertaking or consent given to or by MTRC, whether alone
        or jointly with another person and whether in writing or not;

   (c)  any direction, order or notice made under any legislation;

   (d)  any contract to which MTRC was not a party;

   (e)  any entry on any register.

(5) Sections 39 to 41 are for the avoidance of doubt and do not affect the
generality of this section. <* Note - Exp. X-Ref.: Sections 
 39, 40, 41 *>