C128
MASS TRANSIT RAILWAY CORPORATION BILL
SCHEDULE
[s. 21(2).]
1.
PROVISIONS OF PUBLIC HEALTH AND URBAN Services Ordinance Disapplied
No remedy lies against the Corporation under section 127 in respect of a nuisance described in section 12(1)(g).
2.
Section 22 does not apply to anything done by or on behalf of the Corporation in the course of constructing the railway.
3. Regulations made under section 29 or 35 as to the suitability, sufficiency or mode of construction of latrines or latrine accommodation, or the licensing thereof, do not apply to the railway area or any premises therein.
4. Sections 30 and 36 do not apply to the railway area or any premises therein.
5. Regulations made under section SS do not apply to the railway area or any premises therein.
6. Part IX and any regulations made under section 104 do not apply to any sign or advertisement erected by or on behalf of the Corpora- tion in the railway area.
Explanatory Memorandum
This Bill establishes a corporation, called the Mass Transit Railway Corporation, to continue with the design and planning, and undertake the construction of a mass transit railway, in pursuance of the transport policy of the Government; and to operate the railway having regard_to_the reasonable requirements of the public transport system of Hong Kong.
The preparatory work connected with the design, planning and construction of the railway, is at present being carried out by the Mass Transit Railway Provisional Authority, established by the Mass Transit Railway Provisional Authority Ordinance 1974. That Ordinance is repealed. by clause 28 and the Mass Transit Railway Corporation takes over the functions, assets and liabilities of the Provisional Authority (clauses 29 and 30).
PART II-INCORPORATION AND POWERS
The Mass Transit Railway Corporation is established as a body corporate (clause 3(1)). Its purposes are set out in clause 3(2).
The Corporation is to be governed by a Board (clause 4(2)), which will comprise a Chairman appointed by the Governor, the Managing Director, ex officio, and not less than 4 nor more than 8 other members also appointed by the Governor (clause 4(1)). There are provisions
as to-
(a) the term of office of members of the Board (clause 4(3) and (5)); (b) resignation and removal from office (clause 4(4) and (5)(a)); (c) the temporary incapacity of a member (clause 4(6)); and
(
remuneration of members (clause 4(7)).
The Board may regulate its own procedure (clause 5(4)) but express provision is made for a quorum (clause 5(1)), the chairing of meetings (clause 5(2)) and voting on questions arising at meetings (clause 5(3)). A member who has an interest in a contract must declare his interest and take no part in a vote concerning the contract (clause 5(5)).