【法规名称】
【法规编号】 68735 什么是编号？
【正 文】
第5页 CAP 556 MASS TRANSIT RAILWAY ORDINANCE
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[接上页] (4) Before making an order under subsection (5) the Chief Executive in Council shall consider any representations made under subsection (3) and, if applicable, any matter referred to in subsection (6). (5) Where the Chief Executive in Council is of the opinion that sufficient cause has not been shown as to why an order under this subsection should not be made, he may, by order- (a) if it appears to him that the default is one which was capable of being remedied and that- (i) a notice should have been served under section 17 and was not served, or that the terms of any notice served were unreasonable; and (ii) the default is still capable of being remedied, direct the Secretary to serve a notice, or a further notice, under section 17, in terms determined by the Chief Executive in Council; or(b) in any other case of default, if it appears to him just and reasonable to do so, but subject to subsection (8), revoke the franchise.(6) In exercising his powers under subsection (5), the Chief Executive in Council shall take into consideration the extent to which the default was or is occasioned by circumstances beyond the control of the Corporation. (7) An order made- (a) under subsection (5)(a) shall be sent to the Secretary and a copy of the order shall be attached to the Secretary's notice under section 17; (b) under subsection (5)(b) shall be served on the Corporation and shall be published in the Gazette, as soon as practicable after that service.(8) Where the proceedings described in this section relate to a matter which is the subject of an appeal under section 53(1), the Chief Executive in Council shall not make an order under subsection (5)(b) until the appeal has been determined or abandoned. (9) The Government is not liable to pay any compensation in respect of the revocation of the franchise under this section, except for any compensation payable under section 20. Cap 556 s 19 Use of railway property by Government (1) Where the franchise is revoked under section 18 or has expired and has not been extended under section 5, the Government, its nominee or a third party designated by the Government may take possession of any property which at the time of such revocation or expiry is property used or kept by the Corporation for the purposes of or in connection with the franchise and may use that property in the operation of the railway as it thinks fit. (2) Property taken possession of under subsection (1) may be retained- (a) for an initial period not exceeding 2 years, as may be determined by the Chief Executive in Council; and (b) for such further successive periods not exceeding 6 months each as the Chief Executive in Council may determine,and notice of any such determination shall be published in the Gazette. (3) Subject to subsections (4) and (5), at any time during or upon the expiry of a period of retention under this section, property taken possession of under subsection (1) may be returned to the Corporation or may be otherwise disposed of in a manner and upon terms the Chief Executive in Council may think fit. (4) At any time during the period for which any property is retained under subsection (2), the Corporation may by notice in writing to the Secretary inform the Government that the Corporation does not wish the property to be returned to the Corporation, and in that case the Government is not entitled to return the property to the Corporation under subsection (3). (5) The right conferred under subsection (1) to take possession of property and to use that property in the operation of the railway includes the right to keep or maintain the property in whatever condition, or to alter the property in whatever manner, is considered appropriate for that purpose and, without affecting any entitlement to compensation under section 20, nothing in this Ordinance or any other law imposes on the Government any obligation in relation to the condition in which property taken under subsection (1) is to be kept or returned. (6) For the purpose of, and to the extent necessary to effect, the disposal under subsection (3) of any property taken possession of under subsection (1) (and for that purpose and to that extent only), title in the property is deemed to be vested in the Government. Cap 556 s 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. |
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