TNAG-1515-FCO40-2076-Bridges-and-tunnels-in-Hong-Kong-1986 — Page 100

Foreshore

reclamations deemed to be

authorized.

(Cap. 276.)

76. The reclamation of, or other works upon, Crown

foreshore or sea-bed required to be carried out by the

Road Company by section 15 shall be deemed to have been

authorized by the Governor under section 10(1) of the

Mass Transit Railway (Land Resumption and Related

Provisions) Ordinance.

Non-derogation

from

Government's

rights.

77. (1) Nothing in this Ordinance, the project

agreement or the operating agreement shall affect any

rights which the Government or any servant or agent thereof

may have to enter upon any land affected by the

construction works and do anything thereon which he might

have done if those works had not been undertaken except to

the extent that the exercise of such rights is limited by

any express provision of this Ordinance or those agreements

or by necessary implication from their provisions.

(2) Nothing in subsection (1) shall enable the

Government, its servants or agents to exercise any such

rights as are referred to in that subsection in a manner

which would derogate from any rights granted to the Road

Company or, as the case may be, Rail Company, under this

Ordinance.