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Ord. No. 56/86
(56 of 1986.)
KOWLOON-CANTON RAILWAY CORPORATION (AMENDMENT)
6. In respect of the Crown land adjacent to the land vested under paragraphs 2, 3 and 4 there shall be vested in the Corporation such rights as are appurtenant to land so vested and are necessary for the beneficial enjoyment by the Corporation the rights so vested.
7. Nothing in this Schedule shall vest in the Corporation any rights which were not vested in the Crown in right of its Government of Hong Kong immediately prior to the deposit of the plans in accordance with paragraph 1 and nothing in this Schedule shall affect the exercise by any person, other than the Government, of any rights in respect of the land which he possessed immediately prior to the commence- ment of the Kowloon-Canton Railway Corporation (Amendment) Ordinance 1986.
PART II
8. There is reserved to the Government liberty to open or break up any road along or across which the North-west Railway is laid, but in the exercise of the power the Government shall be subject to the following restrictions-
(a) it shall cause as little detriment or inconvenience to the Corporation as
circumstances may admit;
(b) before any Government Department commences any work whereby the traffic on the North-west Railway will be interrupted they shall give to the Corporation notice of their intention to commence such work, specifying the time at which they will begin to do so, such notice to be given 30 days at least before the commencement of the work unless the work is undertaken as a matter of urgency to remove any hazard to the safety of any person or property;
(c) in so far as such works may affect the safe operation of the North-west Railway, they shall not be executed, unless the Corporation otherwise determines, except under the superintendence of the Corporation;
(d) the works shall be executed without cost to and to the reasonable satisfac-
tion of the Corporation; and
(e) the Government shall in consultation with the Corporation take such steps as are appropriate to minimize any disruption to the Corporation's rail services and loss of income to the Corporation occasioned by the execution of the works.
9.
Where the North-west Railway is laid along or across any road the Corporation shall at its own expense maintain in good condition and repair, and at their proper level so as not to be a danger or annoyance to the ordinary traffic, the rails of which the railway line for the time being consists, and the substructure upon which the rails rest.
10. The Corporation shall at its own expense repair and maintain the roads shown in grey on the plans to the reasonable satisfaction of the Director of Highways.
11. (1) The Director of Buildings and Lands may, after having given prior notice to the Corporation of his intention to exercise his powers under this paragraph and after considering any representations of the Corporation thereon, direct the Corporation to divert any part of the railway line of the North-west Railway from the place where it has been constructed in pursuance of the right vested under paragraph 2 or this paragraph from that place to any other place specified in that direction, and where the Director of Buildings and Lands gives any such direction-
(a) the diversion shall be effected within 12 months from the date of the
direction or within such further time as the Director may allow;
(b) the direction may specify where any platform or other works ancillary to the
North-west Railway are to be reconstructed;
(c) subject to sub-paragraph (2), the reasonable costs of such diversion as agreed between the Corporation and the Director or, in the event of a failure to agree, as may be determined by arbitration, shall be payable by the Government out of general revenue;
KOWLOON-CANTON RAILWAY CORPORATION
(AMENDMENT)
Ord. No. 56/86
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(d) upon the completion of the works required to effect the diversion—
(i) any rights which the Corporation may have under this Schedule to the place from which any works have been removed or destroyed for the purpose of effecting the diversion shall be deemed to be extinguished; and
(ii) there shall be vested in the Corporation for the same interest as it possessed in the place from which such works have been removed or destroyed, in respect of which any works have been constructed to effect the diversion, rights similar in all respects, except in respect of the place where they may be exercised, as the Corporation had, by virtue of this Schedule, in the land upon which such works had been removed or destroyed and the Corporation and the Government shall be subject to similar duties in respect of the exercise of such rights.
(2) If-
(a) the work to effect a diversion under this paragraph includes the renewal or replacement of apparatus so that the Corporation derives a benefit from the life of the new apparatus being longer than the life of the apparatus so renewed or replaced; or
(b) by reason of the carrying out of such work the Corporation has received or will receive any other benefit by way of greater efficiency in the running of the railway, reduction in wear of rolling stock on the North-west Railway or rails or any other part of the apparatus of the Corporation or by any other way,
the amount paid to the company under sub-paragraph (1)(c) shall be reduced by the amount of the value of any such benefit.
12. In the event of the Corporation failing to execute any works which it is required by paragraph 9, 10 or 11 to execute, the Director of Highways may cause such works to be executed and may recover the reasonable costs of such works from the Corporation, in such amount as he may certify to the Corporation, as a civil debt owed by the Corporation to the Government.
13. The Corporation shall keep the lines of rail and other works and erections made or erected in connexion with the North-west Railway in good and substantial repair.
14. Where the Corporation, in pursuance of the rights granted under paragraph 6, lays any drainage channels or makes any connexion with any drain maintained by the Government on any land outside the land vested under paragraph 2, 3 or 4, the Government shall maintain such drain and such connexion in good condition and repair where such drain or connexion has been constructed in accordance with the engineering standards of the Government applicable in the case of similar drains and connexions.
15. The Corporation shall not assign, underlet, part with possession or other- wise dispose of the said land or any part thereof or any interest therein, or enter into any agreement so to do without the consent of the Director of Buildings and Lands or otherwise than in accordance with such terms or conditions as he may impose in giving his consent including the payment of a premium to the Government for such
consent.
PART III
16. The Corporation and the Director of Buildings and Lands may agree that any right vested in the Corporation by section 7(6) and this Schedule may be varied or extinguished and, if extinguished, that a new right should be granted by the Governor to the Corporation in place of the right extinguished and, where such agreement has the effect of varying any plan deposited in the Land Office under paragraph 1, a plan showing such variation shall be so deposited and, upon such deposit, the variation shall have effect from the date of the deposit as if it had been shown on the plans as first deposited under that paragraph and the provisions of section 7(7) shall apply accordingly.