XN000022-1996-12-18 — Page 27

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The Railway Bill is modelled mainly on the Roads (Works, Use and Compensation) Ordinance. The improvements are based on past experience and are to speed up the land resumption process without compromising the rights of affected parties.

While there are basic differences between roads and railways, the Roads Ordinance contain many of the provisions that are required for the implementation of railway projects. In particular, the existing land resumption procedures and compensation matters under the Roads Ordinance have been in use for almost two decades and the system is tried and trusted.

The Railway Bill consists of five Parts. Part I deals with preliminary matters. Part II provides for the preparation of a railway scheme, its publication, objections, the power to amend the scheme and make corrections, minor works, resumption, easements and other rights, the effect on utility services and related issues. Part III addresses the right to compensation and claims procedure. A Schedule supplements with specific provisions on compensation procedure. Part IV gives jurisdiction to the Lands Tribunal to assess and award compensation and Part V covers a number of miscellaneous issues.

It is our intention that the Railways Bill will apply to all future railway projects including those to be constructed by the Mass Transit Railway Corporation. As such, the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap 276) should be repealed following the enactment of the Railways Bill. However, in order not to delay the progress of the Quarry Bay Congestion Relief Works which is urgently needed to relieve congestion and improve safety at the Quarry Bay Station, we intend to proceed with this project under Cap 276. It should be noted that the scale of land resumption involved in the Quarry Bay Congestion Relief Works is relatively small.

Mr President, the early enactment of the Railways Bill is essential for the Western Corridor Railway project. While certain planning work could be undertaken prior to the enactment, the alignment cannot be finalised until all the required preparatory works are completed. Such works include site inspections and surveys of private properties which KCRC is not currently empowered to enter. Even more important, the new legislation has to be in place before the railway scheme could be gazetted. It is therefore our aim to have the Bill enacted in the early part of 1997 to enable the timely implementation of this project.

Thank you, Mr President.

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