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An Ordinance to provide for- (a) the granting of a franchise to the MTR Corporation Limited, a company incorporated under the Companies Ordinance (Cap 32), to operate the Mass Transit Railway and to construct and operate any extension to the railway; (b) the regulation of the operation of the Mass Transit Railway under the franchise, including all aspects of safety on the railway; (c) the repeal of the Mass Transit Railway Corporation Ordinance (Cap 270), the dissolution of the Mass Transit Railway Corporation incorporated under that Ordinance and the vesting of the property, rights and liabilities of the Mass Transit Railway Corporation in the MTR Corporation Limited; (d) matters relating to the incorporation of the MTR Corporation Limited, the allotment of shares of the company and the application of various enactments in relation to the company,and for connected purposes. [The Ordinance (other than } section 13 of Schedule 6) 30 June 2000 L.N. 136 of 2000 Section 13 of Schedule 6 } 12 January 2001 L.N. 348 of 2000] (Originally 13 of 2000) Cap 556 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Mass Transit Railway Ordinance. (2) (Omitted as spent) Cap 556 s 2 Interpretation (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; "Commissioner" (署长) means the Commissioner for Transport; "Corporation" (地铁公司) means the MTR Corporation Limited; "extension" (延长部分) means, in relation to the railway, an extension provided for in a scheme authorized under the Railways Ordinance (Cap 519); "franchise" (专营权) means the franchise granted under section 4; "franchise period" (专营期) means the period for which the franchise is granted under section 4, as extended under this Ordinance; "inspector" (视察主任) means a person appointed as an inspector under section 26; "Mass Transit Railway" (地下铁路) 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system; "Mass Transit Railway Corporation" (地下铁路公司) means the entity of that name established by section 3(1) of the repealed Ordinance; "MTR Corporation Limited" (地铁有限公司) means the entity of that name incorporated under the Companies Ordinance (Cap 32); "MTRC" means the Mass Transit Railway Corporation; "operating agreement" (营运协议) 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" (铁路) means the Mass Transit Railway; "railway premises" (铁路处所) means- (a) 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 (b) any train on premises specified in paragraph (a);"repealed Ordinance" (已废除条例) means the Mass Transit Railway Corporation Ordinance (Cap 270); "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Amended L.N. 106 of 2002) "service" (服务) means railway service; "transport interchange" (运输交汇处) 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. (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. Cap 556 s 3 Appointed day The Secretary for Transport may, by notice in the Gazette, designate a day to be the appointed day for the purposes of this Ordinance*. (Amended L.N. 106 of 2002)_________________________________________________________________________________ Note: * 30 June 2000 was designated by the Secretary for Transport to be the appointed day for the purposes of this Ordinance by G.N. 3903 of 2000 in the Gazette. Cap 556 s 4 Grant of franchise to Corporation to operate railway PART II GRANT AND EXTENSION OF FRANCHISE (1) Subject to this Ordinance, the Corporation is granted the franchise, for a period of 50 years from the appointed day- (a) to operate the Mass Transit Railway, including any extension to the railway; (b) to construct any extension to the railway.(2) The terms and conditions agreed between the Government and the Corporation as having effect with respect to the franchise granted under this section are those set out in the operating agreement. Cap 556 s 5 Extension of franchise (1) At any time or times during the franchise period, but not later than 5 years before the expiry of that period, the Corporation may apply to the Chief Executive in Council for an extension of the franchise. |