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To establish a corporation to operate the Kowloon-Canton Railway, to vest in that corporation the assets of that railway, to construct and operate the North-west Railway and other railways, to make certain provision as to the safe operation of railways, including provision for inspection and the investigation of accidents, and for connected purposes. (Amended 56 of 1986 s. 2; 13 of 1998 s. 2) [24 December 1982] L.N. 429 of 1982 (Originally 73 of 1982) Cap 372 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Kowloon-Canton Railway Corporation Ordinance. Cap 372 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- (Amended 56 of 1986 s. 3) "appointed day" (指定日期) means the day appointed under section 7(1); "bus" (巴士) has the same meaning as in the Road Traffic Ordinance (Cap 374); (Added 56 of 1986 s. 3) "Chairman" (主席) means the Chairman of the Corporation appointed under section 3(2)(a); (Added 90 of 1990 s. 2) "Chief Executive Officer" (行政总裁) means the Chief Executive Officer of the Corporation appointed under section 3(2)(b); (Added 31 of 2001 s. 2) "Corporation" (公司) means the Kowloon-Canton Railway Corporation established by section 3; "Development Loan Fund" (发展贷款基金) means the fund established by resolution of the Legislative Council of 22 October 1958*; "financial year" (财政年度) means- (a) the period between the commencement of this Ordinance and 31 December 1983 (inclusive) and thereafter; (b) each succeeding period of 12 months ending on 31 December (inclusive);"inspector" (督察) means a person appointed inspector under section 15; "Kowloon-Canton Railway" (九广铁路) means the Kowloon-Canton Railway (Hong Kong section) and any extension thereof approved under section 20; (Added 56 of 1986 s. 3) "land" (土地) means immovable property; "land held by the Government" (政府持有的土地) means land that is not subject to a right of occupation recognized by law; (Amended 29 of 1998 s. 105) "North-west Railway" (西北铁路) means the light rail system serving Tuen Mun New Town and Yuen Long and any extension thereof approved under section 20; (Added 56 of 1986 s. 3) "North-west Transit Service Area" (西北铁路服务范围) means the area delineated and coloured red on the plan; (Added 56 of 1986 s. 3) "plan" (图则), in relation to the boundaries of the North-west Transit Service Area, means- (a) the plan numbered NT 94 signed by the Director of Lands and deposited in the Land Registry; and (b) any new plan deposited in accordance with subsection (2); (Added 56 of 1986 s. 3. Amended 8 of 1993 s. 2; L.N. 291 of 1993)"railway" (铁路), except in the Second Schedule, means- (a) the Kowloon-Canton Railway; (b) the North-west Railway; or (c) any other railway the Corporation may construct and operate,as the case may be; (Replaced 13 of 1998 s. 3) "railway premises" (铁路处所) include- (a) all land belonging to the Corporation that is used for operational purposes of one or more of the railways and all land and interests or other rights in respect of land that is vested in it pursuant to either section 7 or 7A(1); (Replaced 13 of 1998 s. 3) (b) all railway tracks, sidings or branches worked over for the purposes of or in connection with the railways; (c) all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant, equipment, machinery, and other works, which belong to the Corporation, or are constructed for the purposes of or in connection with, the railways; (ca) the stops, terminuses and interchanges of the North-west Railway; (Added 56 of 1986 s. 3) (cb) carparks that are- (i) constructed in association with any of its railways; and (ii) managed and controlled by the Corporation or a person appointed by the Corporation; (Added 13 of 1998 s. 3)(d) all railway locomotives or other motive power, trains, rolling stock and vessels which are used for the traffic of the railways and belong to the Corporation or are hired or worked by or by the authority of the Corporation; (e) all works connected with or for the purposes of the railways. (Amended 56 of 1986 s. 21; 13 of 1998 s. 3)"railways" (有关铁路) means- (a) the Kowloon-Canton Railway; (b) the North-west Railway; and (c) any other railway the Corporation may construct and operate; (Replaced 13 of 1998 s. 3)(2) The Chief Executive in Council may, upon being satisfied that the Corporation has been consulted about the variation, by order in the Gazette require the Commissioner for Transport to vary the boundaries of the North-west Transit Service Area in such manner as may be specified in the order. (Added 56 of 1986 s. 3) (3) The Commissioner for Transport shall prepare a plan showing the variation required by the Chief Executive in Council under subsection (2) and shall deposit that plan in the Land Registry; and upon such deposit the boundaries of the North-west Transit Service Area shall be amended to the extent shown in the plan. (Added 56 of 1986 s. 3. Amended 8 of 1993 s. 2) (Amended 62 of 1999 s. 3)___________________________________________________________________ Note: * Cap 2 sub. leg., 1983 R. Edition (now repealed, see L.N. 80 of 1990) Cap 372 s 3 Corporation established PART II ESTABLISHMENT OF THE KOWLOON-CANTON RAILWAY CORPORATION (1) There shall be established a public authority, to be called the Kowloon-Canton Railway Corporation, which shall have such powers and duties as are conferred and imposed on it by, or by virtue of this Ordinance. (Amended 56 of 1986 s. 4) (2) The Corporation shall consist of the following members- (Amended 31 of 2001 s. 3) (a) a Chairman appointed by the Chief Executive; (b) a Chief Executive Officer appointed by the Corporation, the appointment to be made in the manner provided in paragraph 4 of the First Schedule; (Added 31 of 2001 s. 3) (c) not less than 4 nor more than 8 other members appointed by the Chief Executive,and the members of the Corporation shall be the governing body thereof and shall comprise its managing board. (Amended 62 of 1999 s. 3) (2A) The functions of the Chairman and the Chief Executive Officer shall be the functions assigned to them by this Ordinance and any functions that the Corporation may assign to them. (Replaced 31 of 2001 s. 3) (3) The First Schedule shall have effect as respects the Corporation and the members thereof. (4) For the removal of doubt it is declared that, save in so far as is inconsistent with the provisions of this Ordinance, Part VII of the Interpretation and General Clauses Ordinance (Cap 1) shall apply in relation to the Corporation and appointments thereto. Cap 372 s 4 Powers of the Corporation (1) The Corporation shall have power- (a) to construct the North-west Railway and any other railway that the Secretary for the Environment, Transport and Works authorizes the Corporation to construct; (Amended 13 of 1998 s. 4; L.N. 106 of 2002) (b) to operate the railways for the use of the public; (c) to extend and improve the railways; (d) to operate bus services within the North-west Transit Service Area; and (e) to engage in such other activities, and perform such other functions, as the Chief Executive may, after consultation with the Corporation, permit or assign to it by order published in the Gazette. (Replaced 56 of 1986 s. 5. Amended 62 of 1999 s. 3)(2) The powers conferred by subsection (1) shall include power- (a) to enter into and carry out agreements with carriers outside Hong Kong for the through carriage of goods and passengers under one contract or at a through charge or in the same vehicles or containers; (b) to consign goods from any place in Hong Kong to any other place, whether in Hong Kong or elsewhere; (c) to store within Hong Kong goods which have been or are to be carried by the Corporation; (d) to enter into and carry out agreements with any person for the carrying out by that person, whether as agent for the Corporation or otherwise, of any of the activities which the Corporation may itself carry on; (e) to determine the fares payable by persons travelling on the railways and on bus services within the North-west Transit Service Area and the charges made for the transportation and storage of goods and for other services; (Amended 56 of 1986 s. 5) (f) without derogation from the generality of subsection (1)(d), to operate bus or other motor vehicle transport services to and from railway premises; (Replaced 56 of 1986 s. 5) (g) to provide facilities for the purchase and consumption of food and drink, places of refreshment and such other amenities and facilities as it may appear to the Corporation requisite or expedient to provide; (h) to do anything for the purposes of advancing the skill of persons employed by the Corporation or the efficiency of the equipment of the Corporation or of the manner in which that equipment is operated, including the provision by the Corporation, and the assistance of the provision by others, of facilities for training, education and research; (i) to turn its resources to account so far as not required for the purposes of its business; (j) to provide benefits for the welfare of employees or former employees and their dependants; (k) to invest any sums which are not immediately required by the Corporation for the purposes of its business; (l) to do all things which in the opinion of the Corporation are necessary to facilitate the proper carrying out of the business of the Corporation.(3) Any land held by the Corporation, whether vested in it by section 7 or 7A or acquired by it in any manner howsoever, may be- (a) improved, developed and altered by it; or (b) alienated or otherwise made available to third parties,in such manner and to such extent as the law would allow if the land were held by a natural person in the same interest and, subject to such terms, conditions and reservations as the Director of Lands may impose under section 7A or, as the case may be, Part II of the Second Schedule, no limitation on the powers of the Corporation contained in this Ordinance shall prevent the Corporation from dealing with such land in such manner as it thinks fit or expending moneys on the improvement, development or alteration of such land. (Amended 13 of 1998 s. 4) (4) Each of the powers conferred on the Corporation by the foregoing provisions of this section shall be deemed to be in addition to, and not in derogation of, any other powers so conferred; and it is hereby declared that the provisions relate only to the capacity of the Corporation as a statutory corporation, and nothing in those provisions shall be construed as authorizing the disregard by it of any enactment or rule of law. (5) The specification of any power of the Corporation in the foregoing provisions of this section shall not be construed as excluding any implied power the Corporation would have in the absence of such specification. (6) The Corporation shall not be regarded as a common carrier in respect of its activities. Cap 372 s 5 General duty of the Corporation (1) It shall be the duty of the Corporation (consistently with any directions given it under the following provisions of this Part) in exercising its powers to have regard to- (a) the reasonable requirements of the public transport system of Hong Kong; and (b) efficiency, economy and safety of operation as respect the services and facilities provided by it.(2) Nothing in this section shall be construed as imposing on the Corporation, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court. Cap 372 s 6 Powers of the Chief Executive in Council in relation to the Corporation Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive in Council may, if he considers the public interest so requires, give a direction in writing of a general or specific character to the Corporation and no limitation on the powers of the Corporation contained in this Ordinance shall prevent the Corporation from acting in accordance with the direction: Provided that if any direction under this subsection requires the Corporation to act contrary to prudent commercial principles the Corporation shall be entitled to reasonable compensation from the Government in respect thereof. (2) The Corporation shall, in such manner and at such times as the Chief Executive may require, furnish him with such information as- (a) he may specify; and (b) the Corporation has or can reasonably be expected to obtain,with respect to such matters relating to the Corporation or its activities (past, present or future), plans or properties as the Chief Executive may specify and shall afford him facilities for the verification of information so furnished. (Amended 62 of 1999 s. 3) Cap 372 s 6A Attendance at the Legislative Council The committees and subcommittees of the Legislative Council may request the Chairman and the Chief Executive Officer to attend its meetings and they shall comply. The Chairman and the Chief Executive Officer shall answer questions raised by the Members of the Legislative Council at the meetings. (Added 31 of 2001 s. 4) Cap 372 s 7 Vesting of assets of the Kowloon-Canton Railway in the Corporation (1) There shall be vested in the Corporation upon a day to be appointed* by the Governor by notice in the Gazette the land described in Part I of the Second Schedule for the interest specified therein upon the terms and conditions and subject to the reservations set out in Part II of that Schedule, and the supplementary provisions of Part III of that Schedule shall apply in relation thereto. (2) Subject to the following provisions of this section there shall be vested in the Corporation upon the appointed day all the property, rights and liabilities which, immediately before that day, were comprised in the undertaking of the Kowloon-Canton Railway: (Amended 56 of 1986 s. 6) Provided nothing in this subsection shall apply to any interest in land vested in the Corporation under subsection (1) as read with the Second Schedule. (3) At any time before the appointed day the Secretary for Transport and the Corporation may agree in writing that subsection (2) shall not have effect in relation to any property, rights and liabilities specified in the agreement. (4) Subsection (2) shall not have effect in relation to- (a) any contract of employment; or (b) any contract for the electrification or modernization of the Kowloon-Canton Railway; or (Amended 56 of 1986 s. 6) (c) any tenancy or licence granted by the Government in respect of any land which if granted after the appointed day, could have been granted by it by virtue of the rights reserved to it by Part II of the Second Schedule.(5) The Third Schedule shall apply to property, rights and liabilities vested under subsection (2). (6) There shall be vested in the Corporation upon the deposit, in accordance with paragraph 1 of the Fifth Schedule, of the plans referred to in that Schedule in the Land Registry, the land described in Part I of the Fifth Schedule for the interest specified therein upon the terms and conditions and subject to the reservations set out in Part II of that Schedule; and the supplementary provisions of Part III of that Schedule shall apply in relation thereto. (Added 56 of 1986 s. 6. Amended 8 of 1993 s. 2) (7) The Director of Lands shall give notice in the Gazette of the deposit in the Land Registry of the plans referred to in the Fifth Schedule. (Added 56 of 1986 s. 6. Amended 8 of 1993 s. 2; L.N. 291 of 1993) ____________________________________________________________ Note: * The Acting Governor has appointed 1 February 1983 as the appointed day-L.N. 30 of 1983. Cap 372 s 7A Vesting of land in the Corporation (1) Notwithstanding section 7, where the Director of Lands is satisfied that it is necessary for the operational purposes of one or more of the railways, he may for such purposes vest in the Corporation land or interests or other rights in respect of land, subject to such terms, conditions and reservations as he may determine. (2) The vesting shall take effect upon the Director's depositing in the Land Registry a plan signed by him showing the land or interests or other rights in respect of land being vested. (3) The Director shall, by notice in the Gazette, publish a statement that a plan has been deposited in the Land Registry pursuant to the vesting of land or interests or other rights in respect of land under this section. (4) Where- (a) land or an interest or other right in respect of land has, under subsection (1), been vested in the Corporation for the operational purposes of one or more of the railways; and (b) the Corporation wishes to use the land or interest or right for a different purpose,the Corporation may request, in writing, that the Director consent to the proposed change, and the Director may, in giving his consent, impose such terms, conditions and reservations as he thinks fit, including requiring the Corporation to pay a premium. (Added 13 of 1998 s. 5) Cap 372 s 7B Land no longer required by the Corporation (1) Notwithstanding section 7 but without prejudice to section 7A(4), where- (a) the Director of Lands and the Corporation agree; or (b) the Director of Lands, in the absence of such agreement, is satisfied,that land or any interest or other right in respect of land that has been vested in the Corporation is no longer required for the operational purposes of one or more of the railways, he may divest such land or extinguish such interest or other right, and section 7A(2) and (3) shall apply to such divesting or extinguishing with the necessary changes. (2) Where land is divested or any interest or other right in respect of land is extinguished under this section, the Corporation shall, at its expense- (a) discharge all encumbrances and shall pay all relevant fees, costs and charges which may be levied in respect of such divesting or extinguishing; (b) remove all buildings and structures and thereafter either reinstate the land to its former condition to the satisfaction of the Director or put the land in such other condition as the Director may specify.(3) Upon the divesting of land or the extinguishing of any interest or other right in respect of land, the Government shall have full power to deal with such land as it deems fit, free of all rights or claims on the part of the Corporation. (4) For the avoidance of doubt, it is hereby declared that the Corporation has the duty to notify the Director of any land or any interest or other right in respect of land to which this section may apply. (Added 13 of 1998 s. 5) Cap 372 s 8 Capital of Corporation PART III FINANCIAL (1) The authorized capital of the Corporation shall be an amount specified by the Financial Secretary under subsection (2) and shall be divided into shares of $100000 each. (2) The Financial Secretary shall, on the day this section comes into operation, specify the amount of authorized capital of the Corporation based on the book value of all assets vested in the Corporation, rounded to the nearest $100000, and shall publish a notice in the Gazette specifying such amount. (3) The Financial Secretary may, after consulting the Corporation, increase the authorized capital of the Corporation by order published in the Gazette. (4) Shares in the authorized capital of the Corporation shall be allotted to the Government at par as required in writing by the Financial Secretary. (5) All shares allotted to the Government under this section shall be registered in the books of the Corporation in the name of The Financial Secretary Incorporated and held by him in trust on behalf of the Government. (6) The Corporation shall not issue shares otherwise than under this section. (Replaced 13 of 1998 s. 6) Cap 372 s 9 Power to borrow and to issue stock etc. (1) Subject to subsection (3) the Corporation may, in any currency and on such terms and conditions as it thinks fit- (a) borrow or otherwise raise money and charge all or any part of its property as security therefor; (b) create and issue bonds, notes or other securities which may be charged on the property, undertaking and revenue of the Corporation or any part thereof.(2) In exercise of the powers conferred by section 4 and subsection (1)(a) the Corporation may purchase property under an agreement providing for the payment of the whole or part of the purchase price by instalments. (3) The powers conferred by subsection (1) may be exercised to provide the Corporation with such sums or credits as it may require for- (a) carrying out the purposes referred to in section 4; (b) repaying money previously borrowed by it therefor and interest, premium or other charge on such money; (c) repaying sums due to the Government. (Replaced 13 of 1998 s. 6) Cap 372 s 10 Power to enter into other financial transactions (1) The Corporation may enter into any agreement or arrangement in connection with its financial affairs, including any agreement or arrangement for reducing or compensating for any financial risk, on such terms and conditions as it thinks fit, as if it were a natural person of full age and capacity. (2) To facilitate an exercise of the power referred to in subsection (1), the Corporation may promote the formation of an incorporated company as a subsidiary in any territory or jurisdiction. (Replaced 13 of 1998 s. 6) Cap 372 s 11 Guarantee by Government (1) The Financial Secretary may on behalf of the Government, in such manner and on such conditions as he thinks fit, guarantee the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sums borrowed by the Corporation up to $500000000 or such greater amount as the Legislative Council may, from time to time, by resolution, approve. (2) Any sum required for fulfilling a guarantee given under this section shall be charged on and issued out of general revenue. (3) Where any sum is so issued for fulfilling any such guarantee the Corporation shall make to the Government, at such time and in such manner as the Financial Secretary may from time to time direct, payments of such amounts as the Financial Secretary may direct in or towards repayment of that sum and payments of interest on the amount outstanding for the time being in respect of that sum, at such rate as the Financial Secretary may so direct. (4) Any sums received by the Government in pursuance of subsection (3) shall be paid into general revenue. (Replaced 13 of 1998 s. 6) Cap 372 s 11A (Repealed 13 of 1998 s. 6) Cap 372 s 12 Corporation to act on commercial principles (1) The Corporation shall conduct its business according to prudent commercial principles and shall ensure as far as possible that, taking one year with another, its revenue is at least sufficient to meet its expenditure. (2) Subject to the provisions of sections 13 and 14, the profits of the Corporation in any financial year shall be applied by it in such manner as it may, with the prior approval of the Financial Secretary, think fit, being a manner consistent with this Ordinance. (3) For the purpose of this section and sections 13 and 14, the profits of the Corporation in any financial year are the excess of revenue of the Corporation over the total sum required by it- (a) to meet the total outgoings of the Corporation properly chargeable to revenue account; and (b) to enable the Corporation to make such provision for depreciation and renewal of capital assets, bad debts and other purposes, being provision properly chargeable to revenue account, as it may reasonably consider adequate. (Replaced 13 of 1998 s. 6) Cap 372 s 13 Reserve funds (1) Subject to subsection (2), the Corporation may establish any general or special reserve fund and carry to the credit thereof such sums as it thinks fit and expend the same in any way consistent with this Ordinance. (2) The Corporation shall not exercise its powers under subsection (1) except with the prior approval of the Financial Secretary and shall, where the Financial Secretary after consultation with the Corporation so directs- (a) carry the whole or part of the profits of the Corporation in any financial year to the credit of such general or special reserve fund as the Financial Secretary shall approve; or (b) pay the whole or part of any sum standing to the credit of any such reserve fund into the general revenue. (Replaced 13 of 1998 s. 6) Cap 372 s 14 Dividends (1) Subject to subsection (2), the Corporation may declare and pay dividends to the Government on the shares allotted to it under section 8 in the amount of the whole or part of the profits of the Corporation in any financial year. (2) The Financial Secretary may, after consultation with the Corporation, and after taking into account the loan obligations and other debt of the Corporation, direct the Corporation to declare a dividend in the amount of the whole or part of the profits of the Corporation in any financial year after making allowance for- (a) any sums carried to the credit of a reserve fund under section 13; and (b) any accumulated loss disclosed in the balance sheet of the Corporation at the end of the financial year prior to the year in which the dividend is declared.(3) Any dividend declared under this section shall be paid into general revenue. (4) No dividend shall bear interest against the Corporation. (5) Where a direction is given under this section, the Corporation shall comply with the direction and such a direction may require the moneys payable on account of the relevant dividend to be paid within a period and in a manner so specified in the direction. (Replaced 13 of 1998 s. 6) Cap 372 s 14A Investment Any moneys of the Corporation available for investment may be invested by it in such forms of investment as the Financial Secretary may in writing approve. (Added 13 of 1998 s. 6) Cap 372 s 14B Accounts, audit and annual report (1) The Corporation shall keep proper accounts and proper records in relation thereto and shall within 4 months after the expiry of a financial year prepare accounts showing fully its financial position and financial transactions for that year. (2) Every statement of accounts prepared by the Corporation under this section shall conform to proper commercial standards. (3) The accounts of the Corporation shall be audited and the auditor shall make a written report thereon to the Corporation. (4) The auditor shall be appointed by the Chief Executive after consultation with the Corporation. (5) The Corporation shall within 3 months of the receipt by it of the auditor's report in respect of its accounts for a financial year furnish- (a) a report on the affairs of the Corporation for that year; (b) a copy of its account therefor; and (c) the auditor's report on the accounts,to the Financial Secretary who shall table the same in the Legislative Council. (Added 13 of 1998 s. 6) Cap 372 s 15 Appointment of inspectors Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 PART IV SAFETY OF RAILWAYS (Amended 56 of 1986 s. 7) (1) The Chief Executive may in writing appoint any person to be an inspector for the purposes of this Part. (Amended 62 of 1999 s. 3) (2) An inspector who is not a public officer may be paid, as a fee for his services, such amount as the Financial Secretary thinks fit, and that amount shall be paid out of moneys provided for the purpose by the Legislative Council. (3) The powers conferred by section 16 or by regulations made under section 30 shall be exercised by an inspector only- (a) for the purpose of ensuring the safety of the railways or any part thereof; or (b) when an inspector is directed to do so pursuant to such regulations, for the purpose of investigating an accident on any part of the railways. (Amended 56 of 1986 s. 21)(4) On the occasion of the exercise of any power, an inspector shall produce evidence of his identity, and of his appointment, to any person who requests him to do so. (5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers. Cap 372 s 16 General powers of inspectors (1) An inspector may- (a) at all reasonable times enter upon premises to which this subsection applies; (b) carry out on premises to which this subsection applies, or on any machinery, plant or equipment thereon, such tests and inspections as he considers expedient; (c) require any person to whom this subsection applies- (i) to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection; (ii) to provide the inspector with such information relating to one or more of the railways or any machinery, plant or equipment connected with one or more of the railways as the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose; (Amended 56 of 1986 s. 21; 13 of 1998 s. 7)(d) take copies of any document produced to him pursuant to paragraph (c)(ii).(2) Subsection (1) applies to- (a) the railway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on one or more of the railways; (Amended 56 of 1986 s. 21; 13 of 1998 s. 7) (b) any employee of the Corporation, any contractor or subcontractor mentioned in paragraph (a) and any employee of such a contractor or subcontractor.(3) Any person who- (a) without lawful excuse, fails to comply with a requirement under subsection (1)(c); (b) knowingly furnishes to an inspector acting under subsection (1)(c) information that is false or misleading in a material particular; (c) obstructs an inspector in the exercise of his powers under subsection (1),commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (4) Where a person is charged with contravening the provisions of subsection (3), it shall not be a defence to the charge that compliance with a requirement under subsection (1)(c) would tend to expose that person to any other proceedings for a criminal offence; but nothing done in compliance with a requirement under subsection (1)(c) shall be admissible in evidence in such other proceedings. Cap 372 s 17 Chief Secretary for Administration may order that defects be remedied (1) Where in the opinion of the Chief Secretary for Administration- (a) the condition of any part of the railways which has been brought into operation or of any machinery, plant or equipment of such part; (b) the manner in which the railways or any part thereof is being operated, (Amended 13 of 1998 s. 8)is such as to cause, or to be likely to cause, a risk of injury to any person, the Chief Secretary for Administration may direct the Corporation to carry out such work, or to take such steps, as he may specify in the order to ensure that the condition of the railway, or of the part or the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk. (Amended 56 of 1986 s. 21; L.N. 362 of 1997) (2) A direction under subsection (1) may specify the time before which the Corporation shall commence to carry out the specified work or take the specified steps and the time by which the same shall be completed. (3) If the Corporation fails without reasonable excuse to comply with a direction under this section the Corporation commits an offence and is liable to a fine of $100000 and to a further fine of $10000 for each day during which it is proved to the Court that the failure to comply with the order has continued without reasonable excuse. (4) A copy of a document which purports to be a direction signed by the Chief Secretary for Administration for the purposes of subsection (1)- (a) shall be admitted in evidence in proceedings for an offence under subsection (3) on its production without further proof; and (b) shall be sufficient evidence of the opinion of the Chief Secretary for Administration and of the other matter contained therein. (Amended L.N. 362 of 1997) Cap 372 s 18 Offence of negligent act or omission by employee (1) An employee of the Corporation commits an offence if, in connection with his duty, he negligently does or omits to do anything in relation to the condition or operation of any part of the railways after that part has come into public use, and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be endangered. (Amended 56 of 1986 s. 21; 13 of 1998 s. 8) (2) An employee who commits an offence under subsection (1) is liable to a fine of $5000 and to imprisonment for 6 months. (3) For the purposes of subsection (1) negligence is the failure to exercise such care or skill as a reasonable employee in the situation would exercise. Cap 372 s 19 Offence of wilfully endangering safety (1) A person commits an offence if he wilfully does or omits to do anything in relation to one or more of the railways and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be endangered. (Amended 56 of 1986 s. 21; 13 of 1998 s. 7) (2) A person who commits an offence under subsection (1) is liable to a fine of $5000 and to imprisonment for 6 months. Cap 372 s 20 Power to construct extensions to the railways Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 PART V EXTENSIONS TO THE RAILWAYS, POWERS OF ENTRY ETC. (Amended 56 of 1986 s. 9) The Corporation shall not extend the railways by the construction of lines, otherwise than by way of relaying existing lines, without the approval of the Chief Executive in Council. (Amended 56 of 1986 s. 21; 13 of 1998 s. 8; 62 of 1999 s. 3) Cap 372 s 21 Power to execute work Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 (1) For the purpose of carrying out any work authorized under section 4(1)(a) or under section 20, the Corporation may- (Amended 56 of 1986 s. 10) (a) construct lines of railway and all other apparatus and works for and incidental to the purposes of one or more of the railways; (b) construct apparatus and works for the supply of electricity or any other power or fuel for the purposes of one or more of the railways; (c) alter the natural or artificial features of any land for the purpose of the more convenient construction or operation of one or more of the railways; (d) do any work under the surface of the land adjoining one or more of the railways for the purpose of conveying water or electricity to or from one or more of the railways; (e) construct buildings, structures, machinery and other devices for or incidental to the purposes of one or more of the railways; and (f) do all other acts incidental to the construction, maintenance, alteration, repair or use of one or more of the railways. (Amended 56 of 1986 s. 21; 13 of 1998 s. 7)(2) Where the exercise of any power under this section is likely to interfere, permanently and substantially, with the use and enjoyment of any land, that power shall be exercised only in relation to land held by the Government. (Amended 29 of 1998 s. 105) Cap 372 s 22 Alteration of pipes, wires and drains Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 The Corporation may, for the purpose of exercising the powers conferred on it by this Part, alter the level or position of any pipe, conduit, drain, electric wire, or post in or on any land not held by the Government: (Amended 29 of 1998 s. 105) Provided that it shall give reasonable notice of its intention to do so to the person having the right to occupy the land and shall execute the work to the reasonable satisfaction of that person Cap 372 s 23 Maintenance of crossings, bridges, arches, culverts, etc. Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 The Corporation shall construct and maintain for the use of the occupiers of land not held by the Government and adjoining the railway- (Amended 29 of 1998 s. 105) (a) crossings of the railway for the purpose of making good any use of the land enjoyed before the railway was constructed or as nearly as is reasonably practicable; and (b) works for the purpose of conveying water from or to the land as freely as before the construction of the railway or as nearly as is reasonably practicable:Provided that the Corporation shall not be obliged under this section to do anything- (i) in such a manner as would prevent or inconvenience the use of the railway; or (ii) in respect to which the person, whose right to occupy the land has been prejudiced, made no objection or claim during the time of the construction of that part of the railway affecting that land or has accepted compensation; or (iii) where, after the construction of that part of the railway adjoining any land, a natural or artificial feature of that land is altered by any event outside the control of the Corporation and the Corporation has done all that is required of it under this section before that alteration took place. (Amended 56 of 1986 s. 21; 13 of 1998 s. 9) Cap 372 s 24 The Kowloon-Canton Railway deemed to have been constructed under this Part For the purposes of this Part the Kowloon-Canton Railway as existing immediately prior to the appointed day or as reconstructed in accordance with the scheme referred to in section 10(1)(c) shall be deemed to have been constructed under this Part and, in relation to any time before the appointed day, any reference to the Corporation shall be construed as a reference to the Government or, as the case may be, the General Manager of the Kowloon-Canton Railway. (Amended 56 of 1986 s. 11) Cap 372 s 25 Opening of extensions Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) No new railway or any extension to the railways shall be opened for the carriage of goods or passengers until the Corporation has certified in writing to the Chief Executive that the person appointed under subsection (2) has made a careful inspection of the new railway or, as the case may be, extension and, in the opinion of such person and in the opinion of the Corporation, the new railway or the extension is in a safe and sound condition and can be opened for the carriage of goods or, as the case may be, passengers. (Amended 56 of 1986 s. 12) (2) The Chief Executive may in writing appoint any person for the purposes of this section who may be paid, as a fee for his services, such amount as the Financial Secretary thinks fit, and that amount shall be paid out of moneys provided for the purpose by the Legislative Council. (3) A person appointed for the purposes of this section shall have the powers of an inspector conferred by section 16 or by regulations made under section 30 and such powers may, notwithstanding the provisions of section 15(3), be exercised for the purpose of inspecting the new railway or the extension in order to express an opinion thereon for the purposes of this section; and sections 15(4) and 15(5) shall apply in relation thereto. (Amended 56 of 1986 s. 12) (Amended 62 of 1999 s. 3) Cap 372 s 26 Power to enter lands Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 1999 s. 3 (1) The Chief Executive may authorize the Corporation, in case of any slip or other accident happening or being apprehended to any cutting, embankment or other work under its control, to enter upon any land not held by the Government and adjoining the railway, for the purpose of repairing or preventing the accident, and to do all such works as may be necessary for that purpose. (Amended 29 of 1998 s. 105) (2) In a case of urgency the Corporation may enter upon the land and do the works mentioned in subsection (1) without the authority of the Chief Executive, but it shall, within 72 hours after such entry, make a report to the Chief Executive specifying the nature of the happening and of the works necessary to be done, and the power of the Corporation under this subsection shall cease if the Chief Executive considers that the exercise of the power is not necessary for the public safety. (Amended 62 of 1999 s. 3) Cap 372 s 27 Removal of trees (1) Where a tree is situated so that it- (a) would obstruct the operation of the railway; or (Amended 13 of 1998 s. 9) (b) conceals or partially conceals a fixed signal from any point on the line of rail,the Corporation may remove the tree or any part thereof and enter upon any land adjacent to railway premises for the purpose. (Amended 56 of 1986 s. 21) (2) No claim shall arise out of the removal of any tree or part thereof under this section. Cap 372 s 28 (Repealed 13 of 1998 s. 10) Cap 372 s 29 Claims for compensation (1) Except as provided in subsection (2), no person shall have any right against the Corporation or any other person for any compensation, loss or damage in respect of any land or the use of any land and arising from any work carried out under this Part in connection with the railway or the use of the railway. (Amended 56 of 1986 s. 21; 13 of 1998 s. 9) (2) Subject to subsection (4), any person who suffers any injury to any private right in respect of any interest in any land adjoining the railway and which directly arises from any work carried out under this Part in connection with the railway may submit a claim for compensation to the Corporation in respect of any actual loss fairly and reasonably arising from that injury. (Amended 56 of 1986 s. 21; 13 of 1998 s. 9) (3) Subject to subsection (4), after the expiry of 3 months from the date of the submission of his claim to the Corporation, the claimant may, if the claim has not been agreed, submit his claim to the Lands Tribunal for determination and, for this purpose, the Lands Tribunal shall have jurisdiction to determine the claim under the Lands Tribunal Ordinance (Cap 17). (4) No claim for compensation shall be brought after the expiration of 3 years from the date on which the injury on which the claim is founded was suffered. Cap 372 s 30 Regulations PART VI REGULATIONS AND BY-LAWS (1) The Secretary for the Environment, Transport and Works may make regulations for all or any of the following purposes- (Amended 13 of 1998 s. 11; L.N. 106 of 2002) (a) controlling and regulating the maintenance and operation of the railways and, without derogating from the generality of the foregoing, providing for safe systems of operation; (Amended 56 of 1986 s. 14) (b) the notification of accidents and other events; (c) the investigation of accidents; (d) records to be kept and notices to be displayed; (e) the preparation of operating manuals and practices to be adopted in relation thereto; (f) the safety of persons using or engaged in work on the railways; (Amended 56 of 1986 s. 14) (g) the determination of maximum loads and markings in relation thereto; (h) the provision of adequate signs and destination indicators on buses used by the Corporation; (Added 56 of 1986 s. 14) (i) requiring the Corporation to submit to the Commissioner for Transport, at such times and in such manner as may be specified in the regulations, a programme of the future operations or plans of the Corporation for its rail and bus services within the North-west Transit Service Area for such period as may be so specified, including, without derogation from the generality of the foregoing, routes to be operated, frequency of service and vehicle allocation to those routes; (Added 56 of 1986 s. 14) (j) regulating, in relation to the drivers of buses used by the Corporation- (i) the maximum number of hours during which any such driver may be permitted to drive a bus; and (ii) the intervals to be provided by the Corporation for the rest and refreshment of drivers, in any period specified by the regulations; (Added 56 of 1986 s. 14)(ja) the designation of bus stops and the erection of appropriate signs and notices thereon; (Added 45 of 1987 s. 2) (jb) the designation of stopping places for light rail vehicles operated on the North-west Railway and the erection of appropriate signs and notices thereon; (Added 45 of 1987 s. 2) (k) generally for effectively carrying out the provisions of this Ordinance. (Amended 56 of 1986 s. 14)(2) Regulations made under subsection (1) may, in relation to the investigation of accidents- (a) confer powers upon inspectors to compel the giving of information concerning accidents including power to summon a person to attend before him for the purpose; (b) make provision for the payment of persons so summoned; (c) provide that failure to comply with summons or requirement made by an inspector, or the obstruction of an inspector, or the giving of false or misleading information shall be an offence.(3) No information supplied by any person to an inspector under regulations made under this section shall be admissible in evidence in any criminal proceedings other than proceedings for a contravention of any provision of such regulations relating to the giving of, or failure to give, such information. (4) Regulations under subsection (1) may be made so as to apply to one or more of the railways, and different provision may be made for each railway. (Added 56 of 1986 s. 14. Amended 13 of 1998 s. 11) Cap 372 s 31 By-laws (1) The Corporation may, under its common seal, make by-laws not inconsistent with this Ordinance or regulations made under section 30 for all or any of the following purposes- (a) the carriage of passengers and all connected matters including the circumstances in which concessionary fares may be paid and exemptions from the payment of fares; (aa) regulating vehicles and the conduct of persons in carparks referred to in paragraph (cb) of the definition of "railway premises" and charging for the use thereof; (Added 13 of 1998 s. 12) (b) the conditions under which tickets shall be issued, including conditions for the examination and search, for the purpose of enforcing any enactment in force in Hong Kong or for customs purposes, of the person, baggage or goods of passengers travelling on the Kowloon-Canton Railway to or from a place in Hong Kong from or to a destination in another part of China; (Amended 56 of 1986 s. 15; 62 of 1999 s. 3) (c) a system for securing or evidencing the payment of fares by passengers travelling, or rates for animals or goods carried, on the railways; (Amended 56 of 1986 s. 15) (d) the imposing of a surcharge where a person travels, or animals or goods are carried, on the railways without payment of the proper fare or rate or on failure to produce evidence of such payment; (Amended 56 of 1986 s. 15) (e) the safety of person using or engaged in work on the railways; (Amended 56 of 1986 s. 15) (f) the custody, forfeiture and disposal of unclaimed property found on the railways; (Amended 56 of 1986 s. 15) (g) the receipt, transportation and delivery of goods to be carried over the railways and all connected matters, together with the restrictions to be placed upon dangerous and offensive, perishable or fragile goods, or other classes of goods; (Amended 56 of 1986 s. 15) (h) the terms upon which any goods or class of goods will be received for carriage by the Corporation or stored by them including limitations on the liability of the Corporation in respect thereof; (i) the receipt, transport and delivery of animals over the railways, and the terms upon which they will be received for carriage by the railways and the restrictions placed upon such carriage; (Amended 56 of 1986 s. 15) (j) the control of persons, vehicles and animals while on the railways; (Amended 56 of 1986 s. 15) (k) the powers and duties of railway employees; (l) controlling and regulating advertising on railway premises; (m) protecting the property of the Corporation on railway premises; (n) preventing the erection of unauthorized buildings or structures on railway premises and enabling the Corporation to remove or require the removal of such buildings or structures; (o) to control access to certain areas of the railway premises by- (i) restricting access by the public or by any person to any part of the railway premises, and the days and times of admission thereto; (ii) issuing permits for access to any restricted area of the railway premises and the fees payable in respect of such permits; (iii) exempting, by notice in writing and subject to such conditions as the Chief Executive Officer may impose, any person or class of person from all or any of the requirements of any by-law regarding entry into a restricted area; (Amended 90 of 1990 s. 4; 31 of 2001 s. 5) (iv) empowering the Chief Executive Officer to prepare and certify a plan delineating or describing any part or parts of the railway premises as a restricted area; (Amended 90 of 1990 s. 4; 31 of 2001 s. 5)(p) such other purposes as may be necessary to carry out effectively the provisions of this Ordinance.(2) All by-laws made under subsection (1) shall be subject to the approval of the Legislative Council. (3) The Corporation shall cause printed copies of all by-laws made under subsection (1) to be kept at its principal office and to be available for sale to any person at a reasonable cost. (4) By-laws under subsection (1) may be made so as to apply to one or more of the railways, and different provision may be made for each railway. (Added 56 of 1986 s. 15. Amended 13 of 1998 s. 12) (5) Where the Corporation operates any bus service within the North-west Transit Service Area, the power to make by-laws under subsection (1) shall extend to making by-laws for the purposes of that bus service for any of the matters specified in that subsection as if that service were a railway: Provided that nothing in this subsection shall have the effect of deeming premises used in the operation of such a bus service to be railway premises for the purposes of subsection (1)(n) or (o). (Added 56 of 1986 s. 15) Cap 372 s 32 Supplementary provisions relating to by-laws (1) In any prosecution for an offence against any by-law made under section 31(1)(o), a plan purporting to be certified by the Chief Executive Officer as a plan of a restricted area or as a copy of a plan of a restricted area certified by the Chief Executive Officer, shall be admitted in proceedings before a court on its production without further proof and until the contrary is proved- (Amended 90 of 1990 s. 5; 31 of 2001 s. 6) (a) the court before which such certified plan or copy is produced shall presume that the signature to the plan or copy is genuine and that the Chief Executive Officer was duly appointed when he certified it; (Amended 90 of 1990 s. 5; 31 of 2001 s. 6) (b) shall be evidence of the area and boundaries of any part or parts of the railway delineated or described therein as a restricted area.(2) Any by-law made under section 31 which provides that hawking on railway premises is an offence may also provide that all or any part of sections 86, 86A, 86C and 86D of the Public Health and Municipal Services Ordinance (Cap 132) shall apply, with such modifications as may be specified in the by-law, as if such offence were a hawker offence within the meaning of section 83 of that Ordinance. (Amended 10 of 1986 s. 32(1)) Cap 372 s 33 Penalties Any regulations made under section 30 or by-laws made under section 31 may provide that a contravention of specified provisions thereof shall be an offence and may prescribe penalties therefor not exceeding a fine of $10000 and imprisonment for 2 years. Cap 372 s 34 Duty to comply with directions etc. Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 PART VII MISCELLANEOUS (1) It shall be the duty of the Corporation to comply with any direction given to it or requirement made by the Chief Executive in Council, Chief Secretary for Administration or Financial Secretary under this Ordinance. (2) Any direction given or requirement made, by the Chief Executive in Council, Chief Secretary for Administration or Financial Secretary under this Ordinance shall be in writing. (Amended L.N. 362 of 1997; 62 of 1999 s. 3) Cap 372 s 34A Corporation to have control over the laying of cables, pipes, etc. in the wayleave area (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 without the consent of the Corporation or otherwise than in accordance with such conditions, being conditions reasonable in the circumstances, as the Corporation may think fit to impose: (Amended 13 of 1998 s. 13) 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 communication 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. (Added 56 of 1986 s. 16) Cap 372 s 34B Application of section 11 of the Tramway Ordinance Section 11 of the Tramway Ordinance (Cap 107) 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. (Added 56 of 1986 s. 16) Cap 372 s 35 Certain laws not to apply (1) The Building Authority may- (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 (Replaced 56 of 1986 s. 17) (b) on such conditions as he may specify, either generally or in any particular case,exempt from such of the provisions of the Buildings Ordinance (Cap 123) as he thinks fit such of those works as he may specify, but save as aforesaid the Buildings Ordinance (Cap 123) shall apply to any building or other works carried out by or on behalf of the Corporation. (2) (Repealed 75 of 1988 s. 40) (3) Part IX of the Public Health and Municipal Services Ordinance (Cap 132) shall not apply to any advertisements erected in accordance with paragraph 3(c) of the Fifth Schedule and any conditions imposed under that paragraph. (Added 56 of 1986 s. 17) Cap 372 s 35A Public Bus Services Ordinance not to apply to Corporation's bus services within the North-west Transit Service Area The Public Bus Services Ordinance (Cap 230) 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. (Added 56 of 1986 s. 18) Cap 372 s 36 Avoidance of doubt For the avoidance of doubt and without prejudice to any other Ordinance it is declared that the railway premises are a public place for the purpose of the Public Order Ordinance (Cap 245). Cap 372 s 37 Corporation may prosecute in its name etc. (1) Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions for an offence under this Ordinance may be brought in the name of the Corporation. (2) Where a complaint is made or an information laid for an offence under this Ordinance by any person acting on behalf of the Corporation the complainant or informant shall be deemed to act on behalf of the Secretary for Justice. (Amended 23 of 2002 s. 4) (Amended L.N. 362 of 1997) Cap 372 s 38 Arrest of offenders (1) A police officer, a railway employee or any person called to assist a railway employee in making an arrest may arrest without warrant any person reasonably suspected of committing an offence under this Ordinance. (2) A person arrested under subsection (1) shall be taken forthwith to the nearest police station and thereafter section 52 of the Police Force Ordinance (Cap 232) shall apply. Cap 372 s 39 Savings Notwithstanding the repeal of section 28 ("the repealed section") by the Kowloon-Canton Railway Corporation (Amendment) Ordinance 1998 (13 of 1998), the repealed section shall continue to apply in respect of outstanding claims arising from resumptions of land for the Kowloon-Canton Railway or the North-west Railway which took place before its repeal. (Added 13 of 1998 s. 14) Cap 372 Sched 1 PROVISIONS WITH RESPECT TO THE CORPORATION AND MEMBERS THEREOF [section 3] 1. The Corporation shall be a body corporate having perpetual succession and a common seal. 2. The Corporation shall not be regarded as a servant or agent of the Government, or as enjoying any status, immunity or privilege of the Government. (Amended 23 of 2002 s. 31) 3. All matters relating to the terms and conditions of the appointment to the service of the Corporation of the Chairman shall be determined by the Chief Executive. (Amended 62 of 1999 s. 3) 4. Any determination by the Corporation of a matter relating to- (a) the appointment to the service of the Corporation of the Chief Executive Officer, including the terms and conditions of such appointment; (b) the suspension or dismissal from the service of the Corporation of the Chief Executive Officer,requires the prior approval of the Chief Executive. (Added 31 of 2001 s. 7) 5. (1) Subject to paragraphs 3 a member of the Corporation shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment: (Amended 90 of 1990 s. 6) Provided that any member appointed under section 3(2)(c) who is not a public officer shall be appointed for a term not exceeding 3 years. (2) A member appointed under section 3(2)(c) who is not a public officer may at any time by notice in writing to the Chief Executive resign his office. (Amended 62 of 1999 s. 3) 6. (1) A member of the Corporation who is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation, or in a contract made or proposed to be made by a subsidiary of the Corporation which is brought up for consideration by the Corporation, shall disclose the nature of his interest at a meeting of the Corporation; and the disclosure shall be recorded in the minutes of the Corporation, and the member shall not without the permission of the Chairman take any part in any deliberation of the Corporation with respect to that contract and shall not in any event vote on any question concerning it. (2) For the purposes of sub-paragraph (1), a general notice given at a meeting of the Corporation by a member thereof to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made. (3) A member of the Corporation need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting. 7. (1) The Corporation- (a) shall pay to the members thereof such salaries or fees, and such allowances, as the Financial Secretary may determine; and (b) as regards any member in whose case the Financial Secretary may so determine, shall pay such pension, allowance or gratuity to or in respect of him or make such payments towards the provision of such a pension, allowance or gratuity as may be so determined,and, if a person ceases to be a member of the Corporation and it appears to the Financial Secretary that there are special circumstances which make it right that that person should receive compensation the Financial Secretary may require the Corporation to pay to that person a sum of such amount as the Financial Secretary may determine. (2) The provisions of this paragraph shall apply in the case of the Chairman only to such extent as the Financial Secretary may determine. (Amended 90 of 1990 s. 6) 8. If the Chief Executive is satisfied that a member of the Corporation appointed under section 3(2)(c) who is not a public officer- (a) has been absent from meetings of the Corporation for a period longer than three consecutive months without the permission of the Corporation; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; or (d) is otherwise unable or unfit to discharge the functions of a member,the Chief Executive may declare his office as a member of the Corporation to be vacant, and shall notify the fact in such manner as the Chief Executive thinks fit; and thereupon the office shall become vacant. (Amended 62 of 1999 s. 3) 9. The quorum of the Corporation shall be 5 and, while a member is disqualified from taking part in a decision or deliberation of the Corporation in respect to a matter, he shall be disregarded for the purpose of constituting a quorum of the Corporation for deciding, or deliberating on, that matter. 10. Subject to the foregoing provisions of this Schedule, the Corporation shall have power to regulate its own procedure including the manner in which decisions of the Corporation may be made by a quorum of its members otherwise than at a meeting of the Corporation. 11. The Corporation may appoint such employees as it may determine on such terms and conditions as it thinks fit. 12. A certificate signed by the Chairman or Chief Executive Officer that an instrument of the Corporation purporting to be made or issued by or on behalf of the Corporation was so made or issued shall be conclusive evidence of that fact. (Amended 90 of 1990 s. 6; 31 of 2001 s. 7) 13. Every document purporting to be an instrument made or issued by or on behalf of the Corporation and to be duly executed under the seal of the Corporation, or to be signed or executed by the Chairman or Chief Executive Officer or a person authorized by the Corporation to act in that behalf, shall be received in evidence and deemed, without further proof, to be so made or issued unless the contrary is shown. (Amended 90 of 1990 s. 6; 31 of 2001 s. 7) Cap 372 Sched 2 [section 7(1)] PART I 1. There shall be vested in the Corporation for the interest specified in paragraphs 2, 3, 4 and 5 and for a period commencing on the appointed day and ending- (a) in the case of land situated in Kowloon, 75 years thereafter; and (b) in the case of land situated in the New Territories, on 30 June 2047, (Amended L.N. 325 of 1993)all the Government land (in this Schedule called "the said land") described in the said paragraphs by reference to plans (in this Schedule called "the said plans"), certified under the hand of the Director of Lands as being the plans referred to in this Schedule, one set of which shall be deposited in the offices of the Land Registry, Victoria. (Amended 8 of 1993 s. 2; 29 of 1998 s. 105) 2. All that land bounded by a bold continuous black line on the said plans shall be vested absolutely: Provided that there shall be excluded from the land so vested the land registered in the District Land Registry, Sha Tin, as Sha Tin Town Lot No. 87. (Amended 8 of 1993 s. 2) 3. In respect of the land bounded by a bold discontinuous black line on the said plans there shall be vested such underground wayleaves or rights of passage as are necessary for the Corporation to operate the railway as existing immediately prior to the appointed day, including the right to maintain or reconstruct all railway tracks, tunnels and other works which were constructed for the purposes of or in connection with the railway and in existence immediately prior to the appointed day and to construct and maintain new works for the better exercise of such wayleave or right of passage. 4. In respect of the land shown hatched black on the said plans there shall be vested- (a) such wayleaves or rights of passage as are necessary for the Corporation to operate the railway as existing immediately prior to the appointed day or, as the case may be, as it will be after the execution of the works under the scheme referred to in section 10(1)(c)*; (b) 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. 5. In respect of the top of the concrete platform at Sha Tin Station, including all the under surface thereof, being a platform situated on Govern