【法规名称】
【法规编号】 68747 什么是编号？
【正 文】
CAP 519 RAILWAYS ORDINANCE
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An Ordinance to provide for the resumption of land, creation of easements or rights and the exercise of other powers by the Government for the construction of railways and to provide for compensation for losses caused by the exercise of the powers. [11 July 1997] L.N. 390 of 1997 (Originally 59 of 1997) Cap 519 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Railways Ordinance. (2) (Omitted as spent) Cap 519 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "building" (建筑物) has the same meaning as in the Buildings Ordinance (Cap 123); 'Building Authority" (建筑事务监督) means the Director of Buildings; 'building works" (建筑工程) includes any kind of building construction, site formation works, ground investigation in the areas set out in the Fifth Schedule to the Buildings Ordinance (Cap 123), foundation works, repairs, demolition, alteration, addition and every kind of building operation, and includes drainage works; "claim" (申索) means a claim for compensation under this Ordinance; "claimant" (申索人) means a person who has made a claim; "compensatable interest" (可获补偿权益) means the estate or interest of- (a) a person having an unexpired lease of land (including any further term which could be obtained as of right) of not less than one month or a tenancy or sub-tenancy terminable (whether by virtue of an Ordinance or otherwise) by either party by not less than one month's notice; (b) a mortgagee in possession; (c) the holder of a valid option to purchase an estate or interest referred to in paragraph (a) or (b); (d) a purchaser under an agreement for sale and purchase to whom the benefit of an estate or interest referred to in paragraph (a) or (b) has already passed; or (e) the executor, administrator and beneficiary of a person having an estate or interest set out in paragraph (a), (b), (c) or (d);"foreshore" (前滨) means the shore and includes the bed of the sea and of any tidal water within Hong Kong, below the line of the high water mark but above the low water mark; "land" (土地) includes and may, where the context requires, have any one or more of the following meanings separately- (a) land lying wholly beneath the surface; (b) the whole or part of a building or other erection or fixture on land; (c) where an undivided share of a leasehold interest in land has appurtenant to it rights to the exclusive use and occupation of a building or a part of a building on the land, the share in the land and the appurtenant rights; (d) any other estate, right, share or interest in land;"mortgage" (按揭) means a mortgage or charge registrable in the Land Registry; "operations of a preventive or remedial nature" (属预防或补救性质的作业) means to underpin or strengthen any land or building or any other work intended to render the land or building reasonably safe or to repair or detect damage caused by the construction, operation, modification, improvement or extension of the railway; "owner" (拥有人) in relation to land, means the person holding the land- (a) directly under a Government lease; (b) under another title directly from the Government registered in the Land Registry; (c) vested by legislation; or (d) by way of possessory title,and includes the executor, administrator and beneficiary of the person; "railway" (铁路), except in section 45, means any railway or proposed railway which is the subject of a scheme and includes all railway premises, depots, tracks, cuttings, embankments, tunnels, stations, goods and rail yards, car parks and other areas for ancillary uses but excludes non-railway developments above stations or above other railway property; "reclamation" (填海) includes any work over and upon any foreshore and sea-bed; "scheme" (方案) means- (a) subject to paragraphs (b) to (d), a scheme referred to in section 4, 5 or 6; (b) subject to paragraphs (c) and (d), where a scheme has been amended under section 7, or corrected under section 8, or amended under section 7 and corrected under section 8, the scheme so amended or corrected or amended and corrected, as the case may be; (c) subject to paragraph (d), where a scheme has been authorized under section 11 or 12(1), the scheme so authorized; (d) where a scheme has been amended under section 12(2), the scheme so amended,and includes the plan attached to the scheme; "sea-bed" (海床) means the shore and bed of the sea and of any tidal water within Hong Kong, below the line of the high water mark; "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Replaced L.N. 106 of 2002) "telecommunications service" (电讯服务) has the meaning under the Telecommunications Ordinance (Cap 106). (Amended 36 of 2000 s. 28) Cap 519 s 3 Assumption and delegation by Secretary (1) The Secretary may act under this Ordinance in relation to any works which he proposes or causes to be executed by some other person, other than a public officer, as well as in relation to works which he proposes or causes to be executed, on his behalf, by a public officer and this Ordinance applies to the works. |
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