C.S. 166
機密
CONFIDENTIAL ##
XCC(75)6
20
General Provisions. While the Corporation is, in one way, the creation and instrument of one aspect of the Government's public transport policies, clause 18 makes it clear that the Corporation is not the servant or agent of the Crown in law. Thus it will be liable to taxation, rates and duties; the staff are not public officers; the Cor- poration will be bound by legislation which does not bind the Crown; the Corporation will be liable to have its assets seized to satisfy a court judgement against it for a sum of money; the Corporation could not plead privilege in relation to the production of documents in the courts; and the acts and omissions of the Corporation will not involve the Crown in any liability.
21
Exemption from and Disapplication of various Ordinances, Under clause 21(1), the Railways Ordinance (Chapter 99) does not apply to the Corporation. That Ordinance is so expressed that it applies to any railway in Hong Kong but it is clear that the Ordinance is meant to apply only to the Kowloon-Canton Railway. Under clause 21(3), the provisions of the Buildings Ordinance will not apply to any building work carried out by the Corporation or any other person in connection with the construction and operation of the Railway. There are two reasons for this. First, as the Provisional Authority's specifications for the Modified Initial System have been drawn up in detail between the Public Works Department, the consulting engineers and the engineering officers designate of the future Corporation, the provisions of the Buildings Ordinance have been fully taken into account. Second, there are thousands of plans, drawings and specifi- cations so that, even if the Buildings Ordinance Office had the necessary expertise, a requirement to put all these documents to the Building Authority for approval would only cause unnecessary delay.
22
By virtue of clause 21(2) and the Schedule certain provisions of the Public Health and Urban Services Ordinance (Chapter 132) have been specifically disapplied, mainly because their suitability vis a vis an underground railway is questionable. Thus the Corporation would not be committing an offence if construction work should interfere with street-sweeping, scavenging or conservancy operations, nor will it be liable to prosecution if its ventilation system should cause a nuisance by discharging hotter or colder air or by dripping water. In addition, the provisions of the Ordinance relating to advertising signs and toilet facilities, and that of subsidiary legislation relating to the reduction of over-crowding in premises, will not apply to the Corporation, These matters will necessarily be kept under continuous review by the Corporation, having regard to the development of the design of the Railway,
CONFIDENTIAL
機密