C.S. 84
RESTRICTED
154
For discussion
on 17th June 1975
XCR(75)118 Copy No...R
MEMORANDUM FOR EXECUTIVE COUNCIL
MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) (AMENDMENT) BILL 1975
$33.
ECEIVED IN
HKK 21
21/4
НКК
Section 12 of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance 1974 deals with the powers of the Director of Public Works with regard to entering property within or adjacent to the railway area for various purposes connected with the railway.
2
The main purpose of clause 2(a) of the Mass Transit Railway (Land Resumption and Related Provisions) (Amendment) Bill 1975 (annexed) is to extend from 30 metres to 70 metres the area adjacent to the railway area within which the Director of Public Works may exercise his authority under section 12 of the principal Ordinance. This is necessary because surveys of each section of line, and reference to experience in other countries, show that construction of the railway underground may affect property beyond the original 30 metre limit. A number of different factors may be involved but, primarily, whether damage will occur will depend on three conditions: the type of building the nature of the ground and the type of railway structure and method of construction. Thus, without the wider powers of access proposed in the bill, it might be impossible to carry out remedial works necessary as a result of damage, if such damage is caused by the construction of the railway, and therefore to ensure the complete safety of the buildings affected. The new limit is proposed on the basis of estimates that only 60% of any damage caused is likely to occur within 30 metres of the edge of the railway area, whereas 95% of any damage caused will occur within 70 metres. It is reasonable to expect that damage beyond this limit will only be of a minor nature.
3
Clause 2(a) of the bill has the secondary purpose of clarifying the powers provided in section 12 of the principal Ordinance to ensure that persons authorised by the Director of Public Works may, subject to the procedures described elsewhere in the section, enter property within the limits designated when it is reasonably necessary, for the purposes of the railway, to record the condition of buildings before construction of the railway starts, as well as to detect and record any movement or damage during construction and to carry out surveys for remedial and preventive works. Having surveyed and recorded the condition of buildings adjacent to the railway before construction of the railway commences, any damage to the buildings should be detected as soon as it occurs and remedial work minimised.
RESTRICTED
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