A350
Ord. No. 56/86
Addition of new
sections 34A and 34B.
Amendment of section 35.
Addition of new section 35A.
KOWLOON-CANTON RAILWAY CORPORATION (AMENDMENT)
16. The principal Ordinance is amended by adding after section 34 the following-
"Corporation to have control over the laying of cables, pipes, etc. in the wayleave
area.
Fifth Schedule.
Application of section 11 of the Tramway Ordinance.
(Cap. 107.)
17.
34A. (1) Notwithstanding anything to the contrary in any Ordinance, no person shall lay any electric power supply cable, telephone cable or other cable used for communication, water pipe line, gas pipe line or other cable or pipe line within the area in respect of which a wayleave is vested in the Corporation by section 7(6) as read with paragraph 2(b) of the Fifth Schedule without the consent of the Corporation or otherwise than in accordance with such condi- tions, being conditions reasonable in the circumstances, as the Corporation may think fit to impose:
Provided that no charge shall be made for granting such consent. (2) Where a person seeking the consent of the Corporation under subsection (1) to lay any cable or pipe line is carrying on an undertaking for the supply of electricity, gas or telephonic commun- ication services to the public, such consent shall not unreasonably be withheld.
(3) Nothing in this section shall derogate from the right of the Government to use the area referred to in subsection (1) in any manner not inconsistent with the rights granted to the Corporation by this Ordinance.
34B. Section 11 of the Tramway Ordinance shall apply to the North-west Railway and, for the purposes of such application, references in that section to "the company" shall be construed as references to the Corporation and references to "the tramway" as references to that railway.".
Section 35 of the principal Ordinance is amended-
(a) in subsection (1) by deleting paragraph (a) and substituting the following— "(a) having regard to the exceptional nature of the building or other works connected with the construction of a railway, the extension of the railways or the operation of the railways; and";
(b) in subsection (2)—
(i) by deleting "railway" and substituting the following—
"Kowloon-Canton Railway";
(ii) by inserting after “10(1)(c)" the following-
"or in connexion with the construction of the North-west Railway";
(c) by inserting after subsection (2) the following
(Cap. 132.)
Fifth Schedule.
18. The following-
"Public Bus Services
Ordinance not to apply to
Corporation's bus services within the North-west
Transit Service Area.
(Cap. 230.)
"(3) Part IX of the Public Health and Municipal Services Ordin- ance shall not apply to any advertisements erected in accordance with paragraph 3(c) of the Fifth Schedule and any conditions imposed under that paragraph.".
principal Ordinance is amended by adding after section 35 the
35A. The Public Bus Services Ordinance shall not apply to any bus service operated by or on behalf of the Corporation within the North-west Transit Service Area with the following exceptions-
(a) sections 16(1)(b), 18, 19, 20 and 21;
(b) sections 2 and 3 to the extent that they apply to the
provisions specified in paragraph (a),
and for the purposes of those provisions the Corporation shall be deemed to be a grantee within the meaning of that Ordinance.”.
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KOWLOON-CANTON RAILWAY CORPORATION
Ord. No. 56/86
A351
(AMENDMENT)
19. The Second Schedule to the principal Ordinance is amended by inserting Amendment of r paragraph 24(2) the following—
"(3) In this Schedule references to "the railway" shall be construed as referring to the Kowloon-Canton Railway and references to “railway purposes" shall be construed accordingly.".
Second Schedule.
20. The principal Ordinance is amended by adding after the Fourth Schedule Addition of new the following
"FIFTH SCHEDULE
PART I
[ss. 7(6) & (7), 34A(1) & 35(3).]
1. There shall be vested in the Corporation for the interest specified in paragraphs 2, 3, 4 and 5 for a period ending on 30 June 2047 all the Crown land (in this Schedule called "the land") described in those paragraphs by reference to plans (in this Schedule called "the plans"), certified under the hand of the Director of Buildings and Lands as being the plans referred to in this Schedule, one set of which shall be deposited in the offices of the Land Office.
2. In respect of the land shown grey on the plans there shall be vested-- (a) such rights as are necessary to enable the Corporation to construct the
North-west Railway;
(b) such wayleaves or rights of passage as are necessary for the Corporation to
operate the North-west Railway;
(c) the right to maintain or reconstruct all railway tracks, railway bridges and other works on such land and to construct and maintain new works for the better exercise of such wayleave or right of passage.
3.
In respect of the land shown hatched black on the plans there shall be
vested-
(a) such rights as are necessary to enable the Corporation to construct and maintain platforms (which expression in this paragraph includes the plat- forms proper, access ramps, shelters erected over such platforms and any necessary ancillary structures) for the use of persons alighting from and ascending into the carriages of the North-west Railway;
(b) the right to place and maintain on such platforms ticket vending machines
and other objects required for the operation of the said Railway;
(c) the right, subject to such reasonable conditions as the Director of Buildings and Lands may impose, to place advertisements or allow the placement of advertisements by others, at the stops.
4.
In respect of the land shown edged black on the plans there shall be vested- (a) the right to construct and maintain such buildings or other structures as
may be specified on the plans at the places so specified;
(b) the right to use such buildings or structures for the operation of the North-west Railway or to provide facilities for its employees, being em- ployees engaged in the construction or operation of the North-west Rail- way; and
(c) the right to repair or reconstruct such buildings or other structures.
5.
In respect of the land in dotted tint on the plans and on payment of such fees as may be determined by the Director of Buildings and Lands there shall also be vested the right to lay, maintain, repair and replace cables required for the operation of the North-west Railway:
Provided that the Corporation shall not be required to pay any fees under this paragraph which are greater than those which the Government would require for the exercise by any other person of a like right over Crown land.
Fifth Schedule.
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