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[接上页] (2) Where a complaint is made or an information laid for an offence under this Ordinance by any person acting on behalf of the Corporation the complainant or informant shall be deemed to act on behalf of the Secretary for Justice. (Amended 23 of 2002 s. 4) (Amended L.N. 362 of 1997) Cap 372 s 38 Arrest of offenders (1) A police officer, a railway employee or any person called to assist a railway employee in making an arrest may arrest without warrant any person reasonably suspected of committing an offence under this Ordinance. (2) A person arrested under subsection (1) shall be taken forthwith to the nearest police station and thereafter section 52 of the Police Force Ordinance (Cap 232) shall apply. Cap 372 s 39 Savings Notwithstanding the repeal of section 28 ("the repealed section") by the Kowloon-Canton Railway Corporation (Amendment) Ordinance 1998 (13 of 1998), the repealed section shall continue to apply in respect of outstanding claims arising from resumptions of land for the Kowloon-Canton Railway or the North-west Railway which took place before its repeal. (Added 13 of 1998 s. 14) Cap 372 Sched 1 PROVISIONS WITH RESPECT TO THE CORPORATION AND MEMBERS THEREOF [section 3] 1. The Corporation shall be a body corporate having perpetual succession and a common seal. 2. The Corporation shall not be regarded as a servant or agent of the Government, or as enjoying any status, immunity or privilege of the Government. (Amended 23 of 2002 s. 31) 3. All matters relating to the terms and conditions of the appointment to the service of the Corporation of the Chairman shall be determined by the Chief Executive. (Amended 62 of 1999 s. 3) 4. Any determination by the Corporation of a matter relating to- (a) the appointment to the service of the Corporation of the Chief Executive Officer, including the terms and conditions of such appointment; (b) the suspension or dismissal from the service of the Corporation of the Chief Executive Officer,requires the prior approval of the Chief Executive. (Added 31 of 2001 s. 7) 5. (1) Subject to paragraphs 3 a member of the Corporation shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment: (Amended 90 of 1990 s. 6) Provided that any member appointed under section 3(2)(c) who is not a public officer shall be appointed for a term not exceeding 3 years. (2) A member appointed under section 3(2)(c) who is not a public officer may at any time by notice in writing to the Chief Executive resign his office. (Amended 62 of 1999 s. 3) 6. (1) A member of the Corporation who is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation, or in a contract made or proposed to be made by a subsidiary of the Corporation which is brought up for consideration by the Corporation, shall disclose the nature of his interest at a meeting of the Corporation; and the disclosure shall be recorded in the minutes of the Corporation, and the member shall not without the permission of the Chairman take any part in any deliberation of the Corporation with respect to that contract and shall not in any event vote on any question concerning it. (2) For the purposes of sub-paragraph (1), a general notice given at a meeting of the Corporation by a member thereof to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made. (3) A member of the Corporation need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting. 7. (1) The Corporation- (a) shall pay to the members thereof such salaries or fees, and such allowances, as the Financial Secretary may determine; and (b) as regards any member in whose case the Financial Secretary may so determine, shall pay such pension, allowance or gratuity to or in respect of him or make such payments towards the provision of such a pension, allowance or gratuity as may be so determined,and, if a person ceases to be a member of the Corporation and it appears to the Financial Secretary that there are special circumstances which make it right that that person should receive compensation the Financial Secretary may require the Corporation to pay to that person a sum of such amount as the Financial Secretary may determine. (2) The provisions of this paragraph shall apply in the case of the Chairman only to such extent as the Financial Secretary may determine. (Amended 90 of 1990 s. 6) 8. If the Chief Executive is satisfied that a member of the Corporation appointed under section 3(2)(c) who is not a public officer- |