【法规名称】
【法规编号】 68885 什么是编号？
【正 文】
第8页 CAP 372 KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE
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[接上页] Provided that it shall give reasonable notice of its intention to do so to the person having the right to occupy the land and shall execute the work to the reasonable satisfaction of that person Cap 372 s 23 Maintenance of crossings, bridges, arches, culverts, etc. Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 The Corporation shall construct and maintain for the use of the occupiers of land not held by the Government and adjoining the railway- (Amended 29 of 1998 s. 105) (a) crossings of the railway for the purpose of making good any use of the land enjoyed before the railway was constructed or as nearly as is reasonably practicable; and (b) works for the purpose of conveying water from or to the land as freely as before the construction of the railway or as nearly as is reasonably practicable:Provided that the Corporation shall not be obliged under this section to do anything- (i) in such a manner as would prevent or inconvenience the use of the railway; or (ii) in respect to which the person, whose right to occupy the land has been prejudiced, made no objection or claim during the time of the construction of that part of the railway affecting that land or has accepted compensation; or (iii) where, after the construction of that part of the railway adjoining any land, a natural or artificial feature of that land is altered by any event outside the control of the Corporation and the Corporation has done all that is required of it under this section before that alteration took place. (Amended 56 of 1986 s. 21; 13 of 1998 s. 9) Cap 372 s 24 The Kowloon-Canton Railway deemed to have been constructed under this Part For the purposes of this Part the Kowloon-Canton Railway as existing immediately prior to the appointed day or as reconstructed in accordance with the scheme referred to in section 10(1)(c) shall be deemed to have been constructed under this Part and, in relation to any time before the appointed day, any reference to the Corporation shall be construed as a reference to the Government or, as the case may be, the General Manager of the Kowloon-Canton Railway. (Amended 56 of 1986 s. 11) Cap 372 s 25 Opening of extensions Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) No new railway or any extension to the railways shall be opened for the carriage of goods or passengers until the Corporation has certified in writing to the Chief Executive that the person appointed under subsection (2) has made a careful inspection of the new railway or, as the case may be, extension and, in the opinion of such person and in the opinion of the Corporation, the new railway or the extension is in a safe and sound condition and can be opened for the carriage of goods or, as the case may be, passengers. (Amended 56 of 1986 s. 12) (2) The Chief Executive may in writing appoint any person for the purposes of this section who may be paid, as a fee for his services, such amount as the Financial Secretary thinks fit, and that amount shall be paid out of moneys provided for the purpose by the Legislative Council. (3) A person appointed for the purposes of this section shall have the powers of an inspector conferred by section 16 or by regulations made under section 30 and such powers may, notwithstanding the provisions of section 15(3), be exercised for the purpose of inspecting the new railway or the extension in order to express an opinion thereon for the purposes of this section; and sections 15(4) and 15(5) shall apply in relation thereto. (Amended 56 of 1986 s. 12) (Amended 62 of 1999 s. 3) Cap 372 s 26 Power to enter lands Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 1999 s. 3 (1) The Chief Executive may authorize the Corporation, in case of any slip or other accident happening or being apprehended to any cutting, embankment or other work under its control, to enter upon any land not held by the Government and adjoining the railway, for the purpose of repairing or preventing the accident, and to do all such works as may be necessary for that purpose. (Amended 29 of 1998 s. 105) (2) In a case of urgency the Corporation may enter upon the land and do the works mentioned in subsection (1) without the authority of the Chief Executive, but it shall, within 72 hours after such entry, make a report to the Chief Executive specifying the nature of the happening and of the works necessary to be done, and the power of the Corporation under this subsection shall cease if the Chief Executive considers that the exercise of the power is not necessary for the public safety. (Amended 62 of 1999 s. 3) Cap 372 s 27 Removal of trees (1) Where a tree is situated so that it- (a) would obstruct the operation of the railway; or (Amended 13 of 1998 s. 9) (b) conceals or partially conceals a fixed signal from any point on the line of rail,the Corporation may remove the tree or any part thereof and enter upon any land adjacent to railway premises for the purpose. (Amended 56 of 1986 s. 21) |
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