TNAG-1515-FCO40-2076-Bridges-and-tunnels-in-Hong-Kong-1986 — Page 95

Mass Transit Railway Corporation, if these assets

had, under section 70(4), vested in the

Corporation;

(b)

where the vesting of the assets in the Government

is in consequence of a default, there shall be

deducted from what would, but for this paragraph,

be the value of the assets, such amount as may be

agreed or determined in accordance with the

provisions of that subsection for

(i) damages occasioned to the Government by

such default calculated on the basis that the

construction works had been, or are to be,

constructed, for the beneficial use of the

Government and that the Government is the

franchise holder under Part II;

(ii) the costs to the Government of obtaining

the forfeiture of the franchise or franchises

under this Part.