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[接上页] (10) For the avoidance of doubt it is declared that subsection (4) has effect notwithstanding section 24(5). (Replaced 82 of 1995 s. 5)___________________________________________________________________ Notes: 1. The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995), which section is reproduced as follows- "7. Application This Ordinance applies to franchises granted before the commencement of this Ordinance as it applies to franchises granted after such commencement.". 2. 82 of 1995 commenced operation on 4 August 1995. Cap 230 s 25A Terms upon which Government takes possession under section 23 or 25 (1) Where the Government takes possession of any property under section 23 or 25 (in either case referred to in this section as "the relevant section") the following provisions shall have effect- (a) if the property is land or buildings on land- (i) the Government shall be liable to pay a fair and reasonable proportion (apportioned in respect of the period of its possession of the property under the relevant section) of all rates and other outgoings of a periodically recurring nature incurred in respect of the property during the period of its possession of the property under the relevant section; (ii) the Government may replace from time to time any fixtures and fittings on the property which may be or become beyond repair at any time during the period of its possession of the property under the relevant section, without any obligation to reinstate the property at the termination of its right to possession of the property; (iii) the Government shall be at liberty at any time during the period of its possession of the property under the relevant section to undertake any works that it may reasonably deem necessary to render the property safe or to ensure the safety of any person lawfully using the property, without any obligation to reinstate the property at the termination of its right to possession of the property, and the reasonable cost of any such work shall be recoverable from the owner of the property as a civil debt due to the Government; (iv) subject to subparagraphs (ii) and (iii), at the termination of its right to possession of the property under the relevant section, the Government shall ensure that the property is left in its original condition, fair wear and tear excepted and excepting any damage not caused by any act or default of the Government or anyone on the property with the Government's authority and under the Government's control;(b) if the property is property other than land or buildings on land- (i) the Government may during the period of its possession of the property under the relevant section fit any such new parts to any item of the property as shall from time to time be necessary, without any obligation to reinstate the property at the termination of its right to possession of the property; (ii) the Government shall be liable to pay a fair and reasonable proportion (apportioned in respect of the period of its possession under the relevant section) of all outgoings of a periodically recurring nature incurred in respect of the property during the period of its possession of the property under the relevant section; (iii) the Government may at its own expense during the period of its possession of the property under the relevant section add to or install on any item of the property any safety or other equipment, or make any alteration or modification to the property, as may be required under any Ordinance, without any obligation to reinstate the property at the termination of its right to possession of the property; (iv) subject to subparagraphs (i) and (iii), at the termination of its right to possession of the property under the relevant section, the Government shall ensure that the property, other than such property as may have been acquired by the Government under section 25B, is left in its original state of repair and working order, fair wear and tear excepted, and excepting any damage not caused by any act or default of the Government or anyone in possession of the property with the Government's authority and under the Government's control.(2) In this section "original condition" (原来状况) and "original state of repair and working order" (原来的维修及操作状态) mean, in relation to any property, the condition or state of repair and working order of the property at the time of the Government's taking possession of it under the relevant section. (Added 82 of 1995 s. 6)___________________________________________________________________ Notes: 1. The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995), which section is reproduced as follows- "7. Application This Ordinance applies to franchises granted before the commencement of this Ordinance as it applies to franchises granted after such commencement.". 2. 82 of 1995 commenced operation on 4 August 1995. |