Hong Kong Ordinances

MASS TRANSIT RAILWAY ORDINANCE - SECT 41

Employment-related matters

(1) The effect of section 37 in relation to any contract of employment with
MTRC in force immediately before the appointed day is merely to modify that
contract (as from that day) by substituting the Corporation for MTRC and,
accordingly, employment with MTRC and the Corporation under a contract of
employment to which that section applies is deemed for all purposes to be a
single continuing employment.

(2) Section 37 is effective to vest in the Corporation the rights and
liabilities of MTRC under any agreement made, transaction effected or other
thing done by, to or in relation to MTRC (including under the pay review
mechanism which has been adopted by MTRC and effective immediately before the
appointed day) for the payment of pensions, allowances, gratuities and
benefits of every description along with all other rights and liabilities of
MTRC and, accordingly-

   (a)  any deed, rule, certificate, registration, exemption or other document
        constituting or relating to the Mass Transit Railway Corporation
        Retirement Scheme, the Mass Transit Railway Corporation Retention
        Bonus Scheme and the U.K. Office Retirement Scheme established for the
        benefit of employees of MTRC or any other body corporate related to
        MTRC; or

   (b)  any entitlement to gratuities or benefits payable by MTRC, in force or
        effective immediately before the appointed day is construed and has
        effect, so far as the context allows, as if reference in that document
        to MTRC was a reference to the Corporation and as if that entitlement
        was payable by the Corporation.

(3) No member of the Board of MTRC or auditor of MTRC becomes by virtue only
of section 37 or 38 a director or auditor of the Corporation.