【法规名称】
【法规编号】 68885 什么是编号？
【正 文】
第3页 CAP 372 KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE
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[接上页] (4) Each of the powers conferred on the Corporation by the foregoing provisions of this section shall be deemed to be in addition to, and not in derogation of, any other powers so conferred; and it is hereby declared that the provisions relate only to the capacity of the Corporation as a statutory corporation, and nothing in those provisions shall be construed as authorizing the disregard by it of any enactment or rule of law. (5) The specification of any power of the Corporation in the foregoing provisions of this section shall not be construed as excluding any implied power the Corporation would have in the absence of such specification. (6) The Corporation shall not be regarded as a common carrier in respect of its activities. Cap 372 s 5 General duty of the Corporation (1) It shall be the duty of the Corporation (consistently with any directions given it under the following provisions of this Part) in exercising its powers to have regard to- (a) the reasonable requirements of the public transport system of Hong Kong; and (b) efficiency, economy and safety of operation as respect the services and facilities provided by it.(2) Nothing in this section shall be construed as imposing on the Corporation, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court. Cap 372 s 6 Powers of the Chief Executive in Council in relation to the Corporation Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive in Council may, if he considers the public interest so requires, give a direction in writing of a general or specific character to the Corporation and no limitation on the powers of the Corporation contained in this Ordinance shall prevent the Corporation from acting in accordance with the direction: Provided that if any direction under this subsection requires the Corporation to act contrary to prudent commercial principles the Corporation shall be entitled to reasonable compensation from the Government in respect thereof. (2) The Corporation shall, in such manner and at such times as the Chief Executive may require, furnish him with such information as- (a) he may specify; and (b) the Corporation has or can reasonably be expected to obtain,with respect to such matters relating to the Corporation or its activities (past, present or future), plans or properties as the Chief Executive may specify and shall afford him facilities for the verification of information so furnished. (Amended 62 of 1999 s. 3) Cap 372 s 6A Attendance at the Legislative Council The committees and subcommittees of the Legislative Council may request the Chairman and the Chief Executive Officer to attend its meetings and they shall comply. The Chairman and the Chief Executive Officer shall answer questions raised by the Members of the Legislative Council at the meetings. (Added 31 of 2001 s. 4) Cap 372 s 7 Vesting of assets of the Kowloon-Canton Railway in the Corporation (1) There shall be vested in the Corporation upon a day to be appointed* by the Governor by notice in the Gazette the land described in Part I of the Second Schedule for the interest specified therein upon the terms and conditions and subject to the reservations set out in Part II of that Schedule, and the supplementary provisions of Part III of that Schedule shall apply in relation thereto. (2) Subject to the following provisions of this section there shall be vested in the Corporation upon the appointed day all the property, rights and liabilities which, immediately before that day, were comprised in the undertaking of the Kowloon-Canton Railway: (Amended 56 of 1986 s. 6) Provided nothing in this subsection shall apply to any interest in land vested in the Corporation under subsection (1) as read with the Second Schedule. (3) At any time before the appointed day the Secretary for Transport and the Corporation may agree in writing that subsection (2) shall not have effect in relation to any property, rights and liabilities specified in the agreement. (4) Subsection (2) shall not have effect in relation to- (a) any contract of employment; or (b) any contract for the electrification or modernization of the Kowloon-Canton Railway; or (Amended 56 of 1986 s. 6) (c) any tenancy or licence granted by the Government in respect of any land which if granted after the appointed day, could have been granted by it by virtue of the rights reserved to it by Part II of the Second Schedule.(5) The Third Schedule shall apply to property, rights and liabilities vested under subsection (2). (6) There shall be vested in the Corporation upon the deposit, in accordance with paragraph 1 of the Fifth Schedule, of the plans referred to in that Schedule in the Land Registry, the land described in Part I of the Fifth Schedule for the interest specified therein upon the terms and conditions and subject to the reservations set out in Part II of that Schedule; and the supplementary provisions of Part III of that Schedule shall apply in relation thereto. (Added 56 of 1986 s. 6. Amended 8 of 1993 s. 2) |
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