TNAG-0508-FCO40-573-Construction-of-underground-railway-system-in-Hong-Kong-1974 — Page 155

CONFIDENTIAL

For discussion

on 5th February 1974

機密

XCC(74)11

Copy No..3...

MEMORANDUM FOR EXECUTIVE COUNCIL

MASS TRANSIT RAILWAY PROVISIONAL AUTHORITY BILL 1974

Following the decision to open negotiations with the Japanese Consortium with a view to concluding a contract for the construction and equipment of the Mass Transit Railway the Mass Transit Steering Group is proceeding, as a matter of urgency, with the recruitment of staff for the proposed Mass Transit Corporation and is in touch with international personnel consultants in this regard. The engagement of staff is expected to begin, probably, within two or three months and certainly before the bill which will be necessary to establish the Mass Transit Railway Corporation can reasonably be expected to be drafted and enacted.

2

It is not considered either appropriate or practical that the staff for the proposed corporation should be recruited in accordance with established civil service procedures and appointed as civil servants prior to their eventual transfer to the service of the corporation. The Mass Transit Steering Group, as presently constituted, however, has no legal capacity to employ staff and there is no other suitable agency of the Government available for the purpose.

3

Honourable Members are therefore invited to consider the Mass Transit Railway Provisional Authority Bill 1974 which is annexed. The purpose of this bill is to incorporate, as a body corporate, an interim authority, with necessary but limited executive powers. It is anticipated that the Provisional Authority will cease to exist on the establishment of the proposed corporation later in the year, and its assets and liabilities (including staff contracts) will then be vested by law in the proposed corporation.

4

"

The powers and duties of the corporation are set out in clause 5 of the bill. There is a general duty to do what is necessary and proper in the planning and establishment of the Mass Transit Railway and particular powers with respect to the appointment of staff, arrangements for the supply of services or facilities and arrangements for the diversion of the apparatus of the utility companies.

5

It is not proposed that the Provisional Authority will enter into contractual relations with the Japanese Consortium; this

will be a matter initially for the Government, and later for the corpor- ation.

CONFIDENTIAL

機密