Cap. 519

An Ordinance to provide for the resumption of land, creation of easements or rights and the exercise of other powers by the Government for the construction of railways and to provide for compensation for losses caused by the exercise of the powers. [11 July 1997] L.N. 390 of 1997(Format changes—E.R. 3 of 2021) (Enacting provision omitted—E.R. 3 of 2021) Part I Preliminary 1. Short title (Amended E.R. 3 of 2021)(1) This Ordinance may be cited as the Railways Ordinance.(2) (Omitted as spent—E.R. 3 of 2021) 2. Interpretation In this Ordinance, unless the context otherwise requires—building (建築物) has the same meaning as in the Buildings Ordinance (Cap. 123);Building Authority (建築事務監督) means the Director of Buildings;building works (建築工程) includes any kind of building construction, site formation works, ground investigation in the areas set out in Schedule 5 to the Buildings Ordinance (Cap. 123), foundation works, repairs, demolition, alteration, addition and every kind of building operation, and includes drainage works; (Amended 16 of 2011 s. 48)claim (申索) means a claim for compensation under this Ordinance;claimant (申索人) means a person who has made a claim; compensatable interest (可獲補償權益) means the estate or interest of— (a) a person having an unexpired lease of land (including any further term which could be obtained as of right) of not less than one month or a tenancy or sub-tenancy terminable (whether by virtue of an Ordinance or otherwise) by either party by not less than one month’s notice; (b) a mortgagee in possession; (c) the holder of a valid option to purchase an estate or interest referred to in paragraph (a) or (b); (d) a purchaser under an agreement for sale and purchase to whom the benefit of an estate or interest referred to in paragraph (a) or (b) has already passed; or (e) the executor, administrator and beneficiary of a person having an estate or interest set out in paragraph (a), (b), (c) or (d); foreshore (前濱) means the shore and includes the bed of the sea and of any tidal water within Hong Kong, below the line of the high water mark but above the low water mark; land (土地) includes and may, where the context requires, have any one or more of the following meanings separately— (a) land lying wholly beneath the surface; (b) the whole or part of a building or other erection or fixture on land; (c) where an undivided share of a leasehold interest in land has appurtenant to it rights to the exclusive use and occupation of a building or a part of a building on the land, the share in the land and the appurtenant rights; (d) any other estate, right, share or interest in land; mortgage (按揭) means a mortgage or charge registrable in the Land Registry;operations of a preventive or remedial nature (屬預防或補救性質的作業) means to underpin or strengthen any land or building or any other work intended to render the land or building reasonably safe or to repair or detect damage caused by the construction, operation, modification, improvement or extension of the railway; owner (擁有人) in relation to land, means the person holding the land— (a) directly under a Government lease; (b) under another title directly from the Government registered in the Land Registry; (c) vested by legislation; or (d) by way of possessory title, and includes the executor, administrator and beneficiary of the person; railway (鐵路), except in section 45, means any railway or proposed railway which is the subject of a scheme and includes all railway premises, depots, tracks, cuttings, embankments, tunnels, stations, goods and rail yards, car parks and other areas for ancillary uses but excludes non-railway developments above stations or above other railway property;reclamation (填海) includes any work over and upon any foreshore and sea-bed; scheme (方案) means— (a) subject to paragraphs (b) to (d), a scheme referred to in section 4, 5 or 6; (b) subject to paragraphs (c) and (d), where a scheme has been amended under section 7, or corrected under section 8, or amended under section 7 and corrected under section 8, the scheme so amended or corrected or amended and corrected, as the case may be; (c) subject to paragraph (d), where a scheme has been authorized under section 11 or 12(1), the scheme so authorized; (d) where a scheme has been amended under section 12(2), the scheme so amended, and includes the plan attached to the scheme; sea-bed (海床) means the shore and bed of the sea and of any tidal water within Hong Kong, below the line of the high water mark;Secretary (局長) means the Secretary for Transport and Logistics; (Replaced L.N. 106 of 2002. Amended L.N. 130 of 2007; L.N. 144 of 2022)telecommunications service (電訊服務) has the meaning under the Telecommunications Ordinance (Cap. 106). (Amended 36 of 2000 s. 28) 3. Assumption and delegation by Secretary (1) The Secretary may act under this Ordinance in relation to any works which he proposes or causes to be executed by some other person, other than a public officer, as well as in relation to works which he proposes or causes to be executed, on his behalf, by a public officer and this Ordinance applies to the works.(2) Where the Secretary proposes that any works be executed by some other person, any compensation payable in respect of those works is, subject to any agreement, payable by the Government.(3) The Secretary may in writing authorize any named person either generally or in any particular case to exercise any of the powers, functions and duties conferred or imposed upon him under this Ordinance. Part II The Scheme 4. Preparation of scheme If the Secretary proposes that a railway is to be constructed or modified, improved or extended in a way which the Secretary considers is not minor, he is to prepare or cause to be prepared a scheme for the railway that—(a) sets out the general nature and effects of the railway;(b) includes a plan delineating the boundaries of the scheme showing—(i) the land that the Government may resume under this Ordinance for or incidental to the railway;(ii) the land in, under or over which the Government may create an easement or other permanent or temporary right under this Ordinance for or incidental to the railway and the nature of the easement or right;(iii) the roads, foreshore or sea-bed over which the Government may exercise powers under this Ordinance for or incidental to the railway and indicate the extent to which the powers may be exercised. 5. Inspection and survey (1) The Secretary may enter and may authorize a person to enter any land or building at any reasonable time to—(a) inspect, carry out a site investigation or test including drilling, excavating and installing or removing instruments;(b) survey and take levels; and(c) set out any line of works,in order to prepare, correct or amend a plan or scheme.(2) The Secretary or authorized person must give at least 28 days written notice to the owner and the occupier of the land or building of an intended entry and must describe in the notice the purpose of the entry. 6. Deposit and publication of schemes (1) The Secretary must deposit a copy of the scheme in the Land Registry.(2) The Secretary must deposit a copy of any amendment to the scheme and any correction made under section 8 in the Land Registry.(3) A person may inspect a scheme free of charge at the times and the places as the Secretary reasonably directs during the period that the scheme is open for objections.(4) The Secretary must within 21 days of depositing a scheme, amendment to a scheme or any correction made under section 8, publish notice of the deposit.(5) A notice is to contain—(a) a description of the general nature and effects of the scheme or of the nature and extent of the amendment or the correction;(b) details of where and when the public may inspect a copy of the scheme, the amendment or the correction; and(c) details of how a member of the public may obtain a copy of the scheme, the amendment or the correction.(6) The Secretary must publish the notice—(a) in Chinese and English in 2 issues of the Gazette;(ab) on the website specified by the Secretary; (Added 25 of 2023 s. 93)(b) in 2 issues of a Chinese language daily newspaper published in Hong Kong;(c) in 2 issues of an English language daily newspaper published in Hong Kong; and(d) by fixing copies in Chinese and English in prominent positions within the boundaries of the scheme where the notice will be seen by the public.(7) The Secretary must advise a District Council whose district the scheme will affect of the deposit of the scheme, amendment or correction and supply a copy of the scheme, amendment or correction to the District Council. (Amended 25 of 2023 s. 93)(8) The Secretary is to ensure that a person who applies for a copy of the scheme, amendment or correction is to obtain the copy at a reasonable cost. 7. Amendment of schemes The Secretary may amend a scheme. Subject as otherwise provided in this Ordinance, the amended scheme is subject to the same requirements under this Ordinance as the original scheme except that objections to an amendment to a scheme are limited to the amendment of the scheme. 8. Corrections (1) The Secretary may make a correction to the scheme if in the Secretary’s opinion, the changes are minor and private rights or interests are not affected by the correction.(2) The Secretary may make a correction that affects private rights or interests if the correction relates to locations within the boundaries of the scheme and—(a) results in private rights or interests being affected to a lesser extent than formerly; or(b) results in an increase in the extent to which the private rights or interests are affected which increase is minor in the opinion of the Secretary.(3) The Secretary must serve written details of a correction on the owner of private rights or interests affected by the correction within 28 days of publishing the notice of the correction in the Gazette. 9. Decision not to execute works (1) The Secretary must publish notice in the manner set out in section 6 if he decides not to execute the works for which a copy of a scheme has been deposited under that section. On publishing the notice, the powers set out in section 5, 11, 15, 16, 20, 22, 24, 25, 26, 27 or 28 cease to be exercisable in relation to those works.(2) This section does not affect anything lawfully done under this Ordinance before the publication or any rights (including rights to compensation) then accrued under this Ordinance in respect of the exercise of any of those powers. 10. Objections (1) Subject to other provisions of this section, a person may, not later than 60 days after the first publication of the relevant notice under section 6, object to the scheme, a part of the scheme or an amendment to the scheme by delivering an objection in writing to the Secretary.(2) A person may object to an amendment to a scheme only on matters arising from the amendment to the scheme.(3) An objection alleging that a person is affected by the scheme must describe the interest of the person and the manner in which he alleges he is affected by the scheme.(3A) An objection lodged on a ground relating to any compensation (whether monetary or non-monetary) or any financial or other assistance (compensation or assistance) in connection with the scheme is, to the extent that it is lodged on that ground, invalid and treated as not having been lodged for the purposes of section 11. (Added 25 of 2023 s. 94)(3B) In subsection (3A), the reference to a ground relating to any compensation or assistance includes—(a) a ground relating to whether any compensation or assistance is to be provided, whether or not under an enactment; and(b) a ground relating to the amount, extent or form of the compensation or assistance, or the time for its provision. (Added 25 of 2023 s. 94)(3C) If the Secretary gives any written reply to an objection, the person lodging the objection (objector) may give a response to the reply (including any comment on, or any request in connection with, the reply) within the period of 14 days after the day on which the reply is given. (Added 25 of 2023 s. 94)(3D) For subsection (3C), the mere notification by the Secretary that the objection is treated as unwithdrawn and will be submitted to the Chief Executive in Council does not constitute a reply. (Added 25 of 2023 s. 94)(3E) A response that is given after the 14-day period mentioned in subsection (3C) is treated as not having been given. (Added 25 of 2023 s. 94)(4) An objector may, by writing to the Secretary— (Amended 25 of 2023 s. 94)(a) amend the objection within 60 days of publication of the relevant notice under section 6; or(b) withdraw the objection in whole or in part at any time before the scheme is submitted under section 11(2). (Amended 62 of 1999 s. 3; 25 of 2023 s. 94)(5) An objection or a part of an objection that has been withdrawn is to be treated to the extent that it is withdrawn as not having been lodged and need not be referred to the Chief Executive in Council. (Amended 62 of 1999 s. 3)(6) A person may not object to a correction made under section 8.(7) An objection, an amendment or withdrawal of an objection, or a response (referred to in subsection (3C)) may be given to the Secretary by—(a) delivering it to an officer who is authorized by the Secretary to receive it on the Secretary’s behalf;(b) sending it by ordinary or registered post;(c) sending it by electronic mail transmission to an electronic mail address specified by the Secretary; or(d) sending it by fax transmission to a fax number specified by the Secretary. (Added 25 of 2023 s. 94)(8) A reply (referred to in subsection (3C)) may be given to the objector by—(a) delivering it to the objector personally;(b) leaving it at the objector’s last known address;(c) sending it by ordinary or registered post addressed to the objector at the objector’s last known address;(d) sending it by electronic mail transmission to the objector’s last known electronic mail address; or(e) sending it by fax transmission to the objector’s last known fax number. (Added 25 of 2023 s. 94) 11. Procedure after publication of scheme (1) The Secretary may authorize the scheme if after the period for lodging objections under section 10(1) has expired no objections have been lodged.(2) Subject to subsection (1), the Secretary must, before the expiry of the period determined in accordance with subsections (2A) and (2B), submit the scheme and every objection lodged under section 10(1) to the Chief Executive in Council for consideration. (Replaced 25 of 2023 s. 95)(2A) Except as extended under subsection (2B), the period mentioned in subsection (2) is—(a) unless paragraph (b) applies—5 months after the date of expiry of the time for lodging objections under section 10(1) in respect of the scheme; or(b) if one or more amendments are made to the scheme under section 7—whichever of the following periods that ends later—(i) the period mentioned in paragraph (a);(ii) 3 months after the date of expiry of the time for lodging objections under section 10(1) in respect of the amendment (or the last of the amendments). (Added 25 of 2023 s. 95)(2B) The Financial Secretary may, on application by the Secretary—(a) extend the period mentioned in subsection (2A) for 2 months if the Financial Secretary considers it appropriate to do so in a particular case; and(b) further extend the period on not more than 2 occasions and for 2 months for each extension if the Financial Secretary is satisfied that exceptional circumstances exist in a particular case. (Added 25 of 2023 s. 95)(3) The Chief Executive in Council must consider the scheme and any objections lodged under section 10(1), and not withdrawn, within time.(4) The Chief Executive in Council, after considering the scheme and any objections, may—(a) authorize the scheme, with or without any changes, and subject to such conditions to avoid or lessen any adverse effects of the scheme as the Chief Executive in Council thinks fit; or(b) decline to authorize the scheme.(Amended 62 of 1999 s. 3) 12. Power to reconsider any scheme (1) The Chief Executive in Council may reconsider any scheme and—(a) authorize the scheme which the Chief Executive in Council has previously declined to authorize; and(b) remove or amend any modifications or conditions previously imposed.(2) The Chief Executive in Council may, after the expiry of at least 28 days’ notice on any person affected, amend a scheme already considered and authorize the amended scheme if— (Amended E.R. 3 of 2021)(a) in the opinion of the Chief Executive in Council, the changes are minor and private rights or interests are not affected by the action of the Chief Executive in Council;(b) the action of the Chief Executive in Council relates to locations within the boundaries of the scheme and affects private rights or interests but the rights or interests are affected to a lesser extent than formerly in the opinion of the Chief Executive in Council; or(c) the action of the Chief Executive in Council relates to locations within the boundaries of the scheme and increases the extent to which private rights are affected but the increase is minor in the opinion of the Chief Executive in Council.(Amended 62 of 1999 s. 3) 13. Scope of railway (1) The Secretary may authorize a person to construct the railway only to the extent authorized and subject to any modifications or conditions imposed by the Chief Executive in Council and as set out in the scheme.(2) Where a condition imposed by the Chief Executive in Council requires anything to be done by the Secretary to lessen or avoid the effects of the scheme—(a) anything done by the Secretary or authorized by him to be done in compliance with that condition is a part of the scheme;(b) the Secretary may enter or authorize any other person to enter any land or building, after giving at least 28 days’ notice to the owner and the occupier, and do what is required to comply with that condition; and (Amended E.R. 3 of 2021)(c) the condition is taken to have been met if the condition is met in respect of all the persons for whose benefit the condition was imposed other than those who waive compliance in writing.(3) The notice mentioned in subsection (2)(b) must—(a) describe the purpose of the entry; and(b) be served on the owner and the occupier.(4) Where—(a) the Secretary has authorized the scheme; or(b) the Chief Executive in Council has declined to authorize the scheme; or(c) the Chief Executive in Council has authorized the scheme; or(d) the Chief Executive in Council imposes any modifications or conditions when authorizing the scheme; or(e) any modification or condition previously imposed is removed or varied,that fact is to be published in the manner set out in section 6.(Amended 62 of 1999 s. 3) 14. Secretary may exercise powers The Secretary may exercise the powers set out in this Ordinance for the purposes of or incidental to a scheme subject to the terms of the scheme considered by the Chief Executive in Council and to any condition imposed by the Chief Executive in Council, if the Secretary or the Chief Executive in Council has authorized the scheme under this Ordinance.(Amended 62 of 1999 s. 3) 15. Minor works (1) The Secretary may authorize the carrying out of any works, including works carried on outside the boundaries of the scheme referred to in paragraph (b)— (Amended 25 of 2023 s. 96)(a) that, in the Secretary’s opinion—(i) only involve minor physical or structural operations; or(ii) only create minimal adverse effect on the road users and other people in the neighbourhood; (Replaced 25 of 2023 s. 96)(b) that are required for the purposes of a scheme, or required for the purposes of a scheme intended to be proposed; and (Replaced 25 of 2023 s. 96)(c) for which the only powers required to be exercised by the Secretary are any one or more of the following— (Amended 25 of 2023 s. 96)(i) to authorize the closure of a road which, in the Secretary’s opinion, serves no useful purpose; (Amended 25 of 2023 s. 96)(ii) to authorize the closure of a road to use for a period not exceeding 14 days in any period of 3 months;(iii) to authorize the closure of part of the width of a road to use but not to such extent as will interfere unreasonably with the normal flow of traffic on that road and for no longer than is reasonably necessary to carry out the works.(2) The Secretary may, where the exercise of any of the powers specified in subsection (1)(c)(i), (ii) or (iii) is required for the carrying out of any works described in subsection (1), exercise any such powers for the carrying out of the works.(3) A person does not have a right against Government or any other person—(a) to restrain or compel anything authorized under this section; or(b) to recover any money under this Ordinance for anything authorized under this section. (Amended 25 of 2023 s. 96)(3A) To avoid doubt, nothing in this Ordinance prevents a person from recovering any money, under any other Ordinance or any rule of common law or of equity, for anything authorized under this section. (Added 25 of 2023 s. 96)(4) In this section, road (道路) means a public road. 16. Chief Executive may order resumption of land The Chief Executive may order that any land proposed to be resumed in a scheme that has been authorized under section 11 or 12(1) be resumed for the purposes of or incidental to the scheme.(Amended 62 of 1999 s. 3) 17. Land required for public purpose Land required for the scheme is taken to be required for a public purpose for the purposes of section 3(1) of the Land Acquisition (Possessory Title) Ordinance (Cap. 130). 18. Resumption order (1) An order made under section 16 is to specify the period of notice to be given under subsection (2), which period is to—(a) run from the day on which notice of the resumption is affixed on or near the land and in no case expire earlier than 28 days from that day; and(b) prevail over any other period of notice or resumption (whether shorter or longer) provided for by the Government lease or other instrument under which the land is held.(2) Unless the Chief Executive has previously revoked the order for resumption, the resumption of the land described in the order is to be effective upon expiration of the period of notice specified in the order and, upon its expiry, that land is to— (Amended 62 of 1999 s. 3)(a) where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such rights to the use and occupation of any building or part of the building as may be appurtenant to the ownership of that share; and(b) in all other cases, revert to the Government,but in either case the land is to vest or revert without any conveyance and free of all mortgages, charges, claims, estates, easements, rights or interests of any kind in favour of any person.(3) The ownership of any apparatus belonging to an owner or supplier of gas, electricity, water or telecommunications services and situated in, under or over any land is not altered by reason only of the vesting or reversion of that land under subsection (2). (Amended 36 of 2000 s. 28)(4) The Secretary is required, as soon as practicable after the land has vested in The Financial Secretary Incorporated or reverted to the Government, to cause such vesting or reversion to be noted in the register of the land kept in the Land Registry.(5) Upon vesting of an undivided share in The Financial Secretary Incorporated, the share together with any part of a building the exclusive use and occupation of which is appurtenant to the ownership of the share, is taken to be unleased land for the purposes of section 6 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28). (Amended 29 of 1998 s. 100) 19. Notices of resumption of land (1) Notice of resumption by order made under this Ordinance is to be—(a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order;(b) published—(i) in Chinese and English in one issue of the Gazette;(ia) on the website specified by the Secretary; (Added 25 of 2023 s. 97)(ii) in one issue of a Chinese language daily newspaper published in Hong Kong;(iii) in one issue of an English language daily newspaper published in Hong Kong; and(iv) by affixing a copy in Chinese and English on or near the land mentioned in the order; and(c) made available for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during normal opening hours.(2) A notice of resumption must—(a) describe the land to be resumed and state that an order for resumption has been made under this Ordinance for the land;(b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be inspected;(c) state the day on which the notice was affixing on or near the land;(d) state the period of notice specified by the Chief Executive; (Amended 62 of 1999 s. 3)(e) declare that, on expiry of that period, the land described in the notice reverts to the Government or vests in The Financial Secretary Incorporated, as the case may require, for the purposes of or incidental to the scheme; and(f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Secretary. 20. Chief Executive may order creation of easements and rights (1) The Chief Executive may by order create easements and other permanent rights in, under or over land and rights of temporary occupation of land within the boundaries of the scheme, which easements and rights were proposed in the scheme in favour of the Government for the purposes of or incidental to the railway. (Amended 62 of 1999 s. 3)(2) An order under subsection (1) must specify the period of notice to be given to the owner and occupier of the land over which the rights are created. The notice period is to run from the day on which notice of the order creating the easement or right is affixed to the land and in no case to expire earlier than 28 days from that day.(3) An order referred to in subsection (1) may contain such consequential and incidental provisions as appear to the Chief Executive to be necessary or expedient for the purposes of the order including in particular provisions for authorizing persons to enter upon land or building for the purposes of carrying out any operations or installing, maintaining or removing any structures or apparatus. (Amended 62 of 1999 s. 3)(4) Unless the Chief Executive has revoked the order referred to in subsection (1), upon expiry of the notice period, the easement or right is to be created in favour of the Government and the benefits and obligations of that right and all consequential and incidental provisions are to be of full force and effect against all persons having any estate, right, share or interest in the land without any consent, grant or conveyance. (Amended 62 of 1999 s. 3)(5) A person is not permitted, in exercise of any power of entry under subsection (3), to enter upon any land which is occupied without giving at least 28 days’ notice of his intention to do so, unless the Secretary is of the opinion that an emergency exists which necessitates immediate entry. (Amended E.R. 3 of 2021)(6) A notice under subsection (5) must be served on the owner and occupier of the land.(7) The ownership of any thing is not to be altered by reason only that it is placed on or affixed to any land in exercise of the rights and powers arising from or incidental to an easement or right created under subsection (1).(8) The Secretary is required, as soon as practicable after an easement or other permanent right has been created in favour of the Government, to cause the creation of such easement or right to be noted in the register of the land kept in the Land Registry. 21. Notices of creation of easements or other rights (1) Notice of creation of an easement or right is to be—(a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order;(b) published—(i) in Chinese and English in one issue of the Gazette;(ia) on the website specified by the Secretary; (Added 25 of 2023 s. 98)(ii) in one issue of a Chinese language daily newspaper published in Hong Kong;(iii) in one issue of an English language daily newspaper published in Hong Kong; and(iv) by affixing a copy in Chinese and English on or near the land mentioned in the order; and(c) made available for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during normal opening hours.(2) A notice of creation of an easement or right is to—(a) describe the land and the easement or right and state that an order creating the easement or right has been made under this Ordinance;(b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be inspected;(c) state the day on which the notice was affixed on or near the land;(d) state the period of notice specified by the Chief Executive; (Amended 62 of 1999 s. 3)(e) declare that, on expiry of that period, the easement or right described in the notice is created in favour of the Government for the purposes of or incidental to the scheme; and(f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Secretary. 22. Closure of roads, etc. (1) The Secretary may, for the purposes of or incidental to the scheme, in relation to any road, Government foreshore or sea-bed described in the scheme, by order—(a) authorize the closure or substantial alteration of the road or part of it either permanently or temporarily;(b) authorize the reclamation of or other works over or upon the Government foreshore or sea-bed;(c) declare that, or the extent to which, and the time at, or duration for which, any public or private right in, upon, under or over the road, Government foreshore or sea-bed is extinguished, modified or restricted.(2) An order under subsection (1) extinguishes, modifies or restricts the public and private rights in, upon, under or over the road, Government foreshore or sea-bed according to the provisions of the order.(3) This section does not affect the provisions of the Road Traffic Ordinance (Cap. 374) in relation to the closure of roads. 23. Notices of orders for closure of roads, etc. (1) Notice of an order under section 22(1) in respect of any road, foreshore or sea-bed must be—(a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order;(b) published—(i) in Chinese and English in one issue of the Gazette;(ia) on the website specified by the Secretary; (Added 25 of 2023 s. 99)(ii) in one issue of a Chinese language daily newspaper published in Hong Kong;(iii) in one issue of an English language daily newspaper published in Hong Kong; and(iv) by affixing a copy in Chinese and English on or near the land mentioned in the order; and(c) made available for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during normal opening hours.(2) The notice must—(a) state that an order under section 22(1) has been made under this Ordinance and describe the area of the road, foreshore or sea-bed affected thereby and the manner in which it will be affected;(b) describe briefly any works to be carried out;(c) state where and at what times a copy of the order and a plan of the affected area of the road, foreshore and sea-bed may be inspected;(d) state the day on which the notice was affixed on or near the land; and(e) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary. 24. Inspection and preventive and remedial work on land and buildings (1) The Secretary or a person authorized by him may, failing agreement with any person affected as to the grant of the powers required by the Secretary, enter any land or building situated wholly or partly within the boundaries of the scheme or wholly or partly within 70 metres of the boundaries of the scheme to—(a) inspect, value, investigate the site or test, including drilling, excavating and installing or removing instruments;(b) survey or take levels; and(c) set out any line of works,for the scheme, an assessment of the value of any land, building or other property or to ascertain the condition of the land or building.(2) The Secretary or any person authorized by him may enter any such land or building and carry out, at the cost of the Government, all reasonably necessary operations of a preventive or remedial nature.(3) A person must not, for the purposes of subsection (1), enter any land or building which is occupied without giving at least 28 days’ notice of his intention to do so, unless the Secretary is of the opinion that an emergency exists which necessitates immediate entry. (Amended E.R. 3 of 2021)(4) A notice of entry under subsection (3) must—(a) describe the purpose of the entry and the nature of any operations to be carried out; and(b) be served on the owner and the occupier of the land or building.(5) The decision of the Secretary that any operations are of a preventive or remedial nature or that the operations are reasonably necessary is final.(6) The Secretary or any person authorized by him may enter, as occasion may require, any land or building over which any powers under subsection (1) have been exercised and, in relation to that land or building, exercise the powers, subject to notice being given, as often as occasion may require. 25. Utility services (1) The Secretary may give notice to the owner of any gas, electricity, water or telecommunications service apparatus situated on any unleased Government land requiring him, at his own expense (subject to any contract between that owner and the Government) to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post or other apparatus which belongs to or is maintained by that owner and to repair any road surface disturbed by the action if, in the opinion of the Secretary, the alteration and repair is required for the purposes of the scheme. (Amended 36 of 2000 s. 28)(2) A notice referred to in subsection (1) must—(a) specify the nature of the apparatus to which the notice applies and set out the Secretary’s requirements as to the alteration of its course or position and the repair of any road surface;(b) stipulate the period within which such work will be carried out; and(c) be served upon the owner not later than 28 days before the commencement of that period.(3) The period mentioned in subsection (2)(b) must be a period which is reasonably necessary for the carrying out of the Secretary’s requirements as mentioned in subsection (2)(a) and, before stipulating a period, the Secretary must consult the owner of the apparatus to which the notice applies.(4) If the owner does not comply with the notice, the Secretary may carry out the operations mentioned in the notice and, subject to any contract between the owner and the Government, recover the cost from the person to whom the notice was given. 26. Removal of projections or obstructions (1) The Secretary may give notice to the owner of any land or building requiring the owner to remove any object or structure described in the notice which is attached to or projects from the land or building if, in the opinion of the Secretary, the removal of the object or structure is necessary for the purposes of or incidental to the scheme.(2) A copy of the notice referred to in subsection (1) must be given to any occupier of the land or building known to the Secretary.(3) A notice referred to in subsection (1) must—(a) describe the object or structure to be removed;(b) stipulate the period within which the work of removal is to be carried out;(c) be given to the owner and occupier of the land or building not later than 28 days before the commencement of that period; and(d) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary.(4) If the owner of the land or building does not comply with a notice referred to in subsection (1), the Secretary or any public officer authorized by him for the purpose may enter the land or building, together with such other person as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons at the expense of the Government.(5) The Secretary may dispose of any object or structure removed under this section as he thinks fit, whether or not it was erected or maintained in contravention of any Ordinance or Government lease or other instrument under which the land is held. 27. Control of building plans and commencement of work (1) The Building Authority may do the following, notwithstanding the Buildings Ordinance (Cap. 123), to the extent necessary to avoid any incompatibility where he is of the opinion that building works, or the commencement of building works, on land described in the scheme including building works outside the boundaries of the scheme would be incompatible with the scheme or the operation or maintenance of the railway—(a) refuse to give his approval to any plan or to consent to the commencement of the building works;(b) if there is no subsisting consent to the commencement of the building works, withdraw any approval which he has or is deemed to have given to any plan;(c) require the amendment of any plan relating to the building works;(d) impose conditions, whether as to time or otherwise, on the giving of approval to plans relating to the building works or consent to commence the works; and(e) withdraw an approval which he has given or is deemed to have given or a consent to the commencement of the building works.(2) The carrying out of any building works—(a) contrary to any refusal referred to in subsection (1)(a) or following withdrawal of approval or consent referred to in subsection (1)(b) or (e); or(b) otherwise than in accordance with any plan amended as referred to in subsection (1)(c) or condition imposed as referred to in subsection (1)(d),for the purposes of sections 23 and 24 of the Buildings Ordinance (Cap. 123) is deemed to be a contravention of that Ordinance.(3) The powers of the Building Authority under subsection (1) arise as soon as a scheme or an amendment to a scheme has been deposited under section 6.(4) As soon as reasonably practicable after the Chief Executive in Council has authorized the scheme under this Ordinance, the Building Authority must— (Amended 62 of 1999 s. 3)(a) review any action required under subsection (1);(b) vary such action so that it is consistent with the authorization.(5) The Building Authority, when acting under subsection (1), must advise the person who intends to carry out the building works on land described in the scheme the particulars of which he is of the opinion that the building works would be incompatible with the scheme.(6) The owner of land specified in subsection (5) may, by notice in writing to the Secretary, require that the land be resumed under this Ordinance where—(a) the Building Authority refuses to give his approval to any plan or to consent to the commencement of any building works or withdraws any approval or consent under subsection (1)(a), (b) or (e); and(b) the Building Authority maintains a refusal or withdrawal after reviewing his action; and(c) the Building Authority advises that any building works on the land specified by him would be incompatible with the scheme; and(d) the building works and any related plan are consistent with the Government lease or other instrument under which the land is held and with any law or requirement made under any law.(7) The owner of land specified in subsection (5) may, by notice in writing to the Secretary, require that the land be resumed under this Ordinance where—(a) the Building Authority imposes a condition delaying building works as described in subsection (1)(d); and(b) the Building Authority maintains that condition after reviewing his action; and(c) the Building Authority advises that, for the time being, building works on the land specified by him would be incompatible with the scheme; and(d) the Building Authority does not, on application in writing made not less than 2 years after imposition of that condition, grant approval and consent to commence the building works to allow them to commence within 12 months; and(e) the building works and any related plan are consistent with the Government lease or other instrument under which the land is held and with any law or requirement made under any law.(8) Where the owner gives notice as described in subsection (6) or (7), the Chief Executive is required, unless the notice is withdrawn, to order the resumption of the land mentioned in subsection (6)(c) or (7)(c) not more than 28 days after receipt of the notice by the Secretary. The period of notice specified in the order for resumption of the land is not to be longer than 28 days. (Amended 62 of 1999 s. 3)(9) A person with a compensatable interest in land specified in subsection (5) may apply to the Chief Executive in Council for an order that the land be resumed under this Ordinance and the Chief Executive in Council may, if he thinks it just and equitable to do so, order the resumption where— (Amended 62 of 1999 s. 3)(a) the Building Authority imposes a condition delaying building works as described in subsection (1)(d); and(b) the Building Authority maintains that condition after reviewing his action; and(c) the Building Authority advises that, for any period specified by him, building works on the land specified by him would be incompatible with the scheme; and(d) the building works and any related plan are consistent with the Government lease or other instrument under which the land is held and with any law or requirement made under any law.(10) Where the Chief Executive in Council makes an order under subsection (9), the Chief Executive is required to order the resumption of the land specified in subsection (9)(c) not more than 28 days after the order was made. The period of notice specified in the order for resumption of the land is not to be longer than 28 days. (Amended 62 of 1999 s. 3) 28. Resumption of land on application (1) The Chief Executive may, on the application of any person having a compensatable interest in land that is contiguous or adjacent to land that is resumed (other than on application under this section) (resumed land), any road that is closed or any private right that is extinguished, modified or restricted, order the resumption of that contiguous or adjacent land, whether or not that land is within the boundaries of the scheme, if the Chief Executive is of the opinion that— (Amended 25 of 2023 s. 100)(a) the resumed land, road or right is reasonably necessary to the use and enjoyment of any contiguous or adjacent land; and (Amended 25 of 2023 s. 100)(b) it would be just and equitable to make an order for that contiguous or adjacent land to be resumed.(1A) The application must be made before the expiry of—(a) a period of 1 year from—(i) the date of the resumption of the resumed land; or(ii) the date on which the road is closed or the private right is extinguished, modified or restricted; or(b) a further period allowed by the Chief Executive in a particular case. (Added 25 of 2023 s. 100)(2) A person aggrieved by a decision of the Chief Executive not to order resumption under subsection (1) may apply to the Lands Tribunal to review the decision.(3) On an application under subsection (2), the Lands Tribunal may, if it is satisfied as to the facts mentioned in subsection (1), order the resumption of the land, whether or not that land is within the boundaries of the scheme and compensation for the resumption is to be assessed under this Ordinance.(Amended 62 of 1999 s. 3) 29. Obstruction A person who wilfully obstructs a person lawfully exercising a power, duty or function arising under this Ordinance is guilty of an offence and is liable on conviction to a fine at level 5 and imprisonment for 1 year. Part III Rights to Compensation and Claims Procedure 30. No right to compel or restrain A person does not have any right against the Government or any other person to restrain or compel anything authorized under this Ordinance. 31. No recovery of money except under this Ordinance Except to the extent of the rights to compensation under section 32, a person does not have any right against the Government or any other person to recover money—(a) for any use authorized under this Ordinance; or(b) for any works or anything else authorized under this Ordinance. 32. Compensation (1) The right to compensation referred to in section 31 is the right to recover from the Government for the matters set out in column 1 of Part II of the Schedule a sum assessed on the basis specified in column 2 and with regard to Part I of the Schedule, subject to—(a) the claim being served on the Secretary within the period specified in column 4 of Part II of the Schedule; and(b) the other provisions of this Ordinance.(2) A person described in column 3 of Part II of the Schedule has the right to recover compensation for the matters set out in column 1 to the extent suffered or incurred by him as assessed under this Ordinance.(3) The rights to compensation mentioned in the Schedule exist in addition to any benefit accruing to a claimant as a result of the implementation of any conditions imposed by the Chief Executive in Council under section 11(4). (Amended 62 of 1999 s. 3) 33. Claims out of time (1) Subject to subsections (2) and (5), if a claim or an amendment to a claim is not served on the Secretary before the expiry of the period specified in column 4 of Part II of the Schedule for that matter, the right to claim compensation is barred.(2) The Lands Tribunal may extend the period referred to in subsection (1) on application made to it either before or after the expiry of the period if it considers that the delay in serving the claim occurred—(a) by mistake of fact;(b) by mistake of any matter of law (other than the relevant provision in column 4 of Part II of the Schedule); or(c) by any other reasonable cause.(3) The applicant must give notice of an application under subsection (2) to the Secretary.(4) An extension may be granted by the Lands Tribunal under subsection (2), with or without conditions for such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.(5) The Secretary may, if he is satisfied—(a) the claimant has not had actual notice of an order; or(b) circumstances exist that the Secretary considers reasonable,accept service of a claim after the period specified in column 4 of Part II of the Schedule, and if he does so, the claim is deemed to have been served within that period. 34. Claims procedure (1) A person who claims to be entitled to compensation under this Ordinance must serve on the Secretary a written claim setting out such of the following particulars as are applicable to his claim—(a) the name of the claimant, and his address for service of notices;(b) a full description of the land including any covenants, easements, rights or restrictions affecting the same;(c) the nature of the claimant’s interest in the land including for a sub-lessee or sub-tenant his landlord’s name and address and details of the sub-lease or tenancy;(d) details of any mortgage, including the principal still owing and name and address of the mortgagee;(e) if the claimant has let the land or any part, the name and address of each tenant and details of his lease or tenancy;(f) particulars of the claim showing—(i) the amount of the claim;(ii) under which item in Part II of the Schedule the claim is made;

and(iii) how the amount claimed under each item is calculated.(2) The Secretary is to acknowledge receipt in writing and the date of receipt of a claim served on him under subsection (1).(3) The Secretary may, within 28 days of the receipt of an amended claim served before proceedings are commenced in the Lands Tribunal if the Secretary considers the amendment to be substantial, notify the claimant that he elects to treat the claim, for the purposes of this section, as if it were a new claim served under subsection (1) on the date on which the amendment was received by the Secretary, and this section applies accordingly.(4) The Secretary may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim or any item in the claim. If any of the particulars are not given to the Secretary within a period of 28 days from the date of the notice, or within such further period as the Secretary may in writing allow, the claim or the item for which the particulars were requested is deemed to be rejected and subsection (5) does not apply.(5) The Secretary must within 6 months of the service of a claim on him or, if he has requested further particulars under subsection (4) within 6 months of the day on which they are furnished in accordance with that subsection, notify the claimant in writing that he—(a) admits the entire claim; or(b) rejects the entire claim; or(c) admits a specified part or parts and rejects the remainder,and in every case must briefly state his reasons for rejection so that the claimant is adequately informed of those reasons. The Secretary may at any time state further reasons for rejection of claim.(6) The Secretary may, where he has rejected a claim or any part of the claim under subsection (5) or where a claim or any part is deemed to have been rejected under subsection (4)—(a) by notice in writing offer to the claimant such sum, including costs as agreed or taxed, as the Government is willing to pay in full and final settlement of the claim or any part;(b) commence proceedings in the Lands Tribunal, to have the claim or any part for which no offer is made, heard and determined by it under this Ordinance;(c) commence proceedings in the Lands Tribunal where any offer under paragraph (a) is not accepted by the claimant within 28 days of the date of the offer.(7) If, after the expiry of 7 months from the receipt of a claim by the Secretary, it has not been settled by agreement, either the claimant or the Secretary may commence proceedings in the Lands Tribunal to have the claim, or so much thereof as is still then in dispute heard and determined by it under this Ordinance.(8) If the claimant has failed to supply further particulars required by the Secretary under subsection (4), the Lands Tribunal may on the hearing of the claim consider the merits of the Secretary’s request for further particulars and the claimant’s failure to supply them and may, if it thinks fit—(a) order the claimant to supply some or all of the particulars; and(b) adjourn the hearing until the order is complied with and the particulars are considered by the Secretary; and(c) make such further order as it thinks fit as to the costs of either party occasioned by the Secretary’s request for and the claimant’s failure to supply the further particulars. 35. Settlement after reference to Lands Tribunal (1) At any time after proceedings have been commenced in the Lands Tribunal but before compensation is finally assessed, the Secretary may make an offer in writing or the claimant may by notice to the Secretary state a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of the claim or any rejected part.(2) Until the Lands Tribunal assesses the amount of compensation for that part of a claim for which an offer made by the Secretary under section 34(6)(a) or by the Secretary or the claimant under subsection (1) and which is not accepted by the other party, the offer is not to be disclosed to the Lands Tribunal. A copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and opened by it after it has made its assessment.(3) The Lands Tribunal must, unless for special reason it thinks it proper not to do so, order a claimant to bear his own costs and to pay the costs of the Secretary so far as the costs are incurred after the making of an offer if the Secretary has made the offer under subsection (1) or section 34(6)(a), including costs as agreed or taxed, which was not accepted by the claimant and the compensation assessed by the Lands Tribunal does not exceed the amount of compensation in the offer.(4) The Lands Tribunal must, unless for special reason it thinks it proper not to do so, order the Secretary to bear his own costs and to pay the costs of the claimant so far as the costs are incurred after the claimant stated a sum under subsection (1) that the Secretary has not accepted and the compensation assessed by the Lands Tribunal is not less than the amount of compensation stated by the claimant. Part IV Assessment and Award of Compensation 36. Jurisdiction of Lands Tribunal (1) The Lands Tribunal has jurisdiction to hear and determine—(a) all claims for compensation which the Secretary or the claimant may refer to it under section 34(6) or (7); and(b) applications under sections 28(2) and 33(2).(2) The Lands Tribunal has jurisdiction to award compensation or a part of the compensation to a claimant if at the time of the award it does not have notice or intimation of any dispute as to his entitlement. The making of an award does not affect the entitlement to receive compensation under this Ordinance of any other person who may after that award be held by a court of competent jurisdiction to have a better title to the compensation or a part of it than the person to whom it was awarded.(3) An award of compensation under subsection (2) does not affect the entitlement of a mortgagee to be paid compensation under section 37. 37. Payment to mortgagees (1) Subject to subsection (2), a mortgagee of land which reverts to the Government or vests in The Financial Secretary Incorporated under this Ordinance, in so far as he has priority over any other mortgagee, is entitled to be paid so much of any compensation as is required to pay out his mortgage debt including any interest owing.(2) If compensation is payable under this Ordinance otherwise than for land resumed or if the land to which compensation relates is part only of the mortgage security, a mortgagee, in so far as he has priority as against any other mortgagee, is entitled to be paid so much of the compensation as is necessary to reduce his mortgage debt to an amount which is adequately secured by the land or the remaining land as the case may be.(3) The payment of compensation, as required by subsections (1) and (2), is to be made with the written agreement of the claimant and every mortgagee of the land or failing agreement in accordance with an order of the High Court under subsection (4). (Amended 25 of 1998 s. 2)(4) The claimant or a mortgagee may apply to the High Court for an order as to the payment of unpaid compensation. On the application the Court may make such order as it thinks just and equitable having regard to subsections (1) and (2). (Amended 25 of 1998 s. 2) 38. Interest (1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs)— (Amended 6 of 2001 s. 12)(a) for compensation payable under item 1 in Part II of the Schedule, as if the claim were made under the Lands Resumption Ordinance (Cap. 124) for land resumed under that Ordinance; and (Amended 29 of 1998 s. 101)(b) in any other case, from the date and for the period it thinks fit. (Amended 6 of 2001 s. 12; 25 of 2023 s. 101)(2) For subsection (1)(b), the rate of interest payable—(a) in respect of a day on which the reference interest rate is published (publication day)—is the reference interest rate; and(b) in respect of a day other than a publication day—is the reference interest rate published on the last publication day before that day. (Replaced 25 of 2023 s. 101)(3) In this section—reference interest rate (參考利率) means the 1-month Hong Kong Dollar Interest Settlement Rate published by The Hong Kong Association of Banks by the close of business on a day. (Replaced 25 of 2023 s. 101) 39. Compensation payable out of general revenue All compensation (including any interest) and all costs—(a) agreed to be paid to the claimant by the Secretary; or(b) awarded by the Lands Tribunal against the Government,are to be paid out of the general revenue within 3 months of the agreement or final award, unless there is a dispute as to the person entitled to such compensation. 40. Surrender of title documents The Secretary may require any claimant to whom compensation is payable for land resumed to surrender his documents of title to the Secretary as a condition of payment being made. Where the documents of title relate also to land not resumed, the Secretary is to return them to the claimant after the resumption has been noted in the register of the land kept in the Land Registry. Part V Miscellaneous 41. Certain statements to be evidence A statement which is—(a) a statement in an order or a notice, or in a declaration in an order or a notice, made or given under this Ordinance to the effect that—(i) the resumption of any land;(ii) the reversion to the Government or the vesting in The Financial Secretary Incorporated of any land;(Amended E.R. 3 of 2021)(iii) the creation of an easement or right; or(iv) an authorization or a declaration under section 22(1)(a), (b) or (c),is for the purposes of or incidental to the scheme;(b) a statement in a notice given under this Ordinance to the effect that—(i) any power is exercised under section 5 in order to prepare, correct or amend a plan or scheme;(ii) any power is exercised under section 24 for the scheme, an assessment of the value of any land, building or other property or to ascertain the condition of the land or building; or(iii) the exercise of any power under any of the provisions of this Ordinance is necessary or required for the scheme;(c) a statement made in writing by the Secretary for the purposes of section 15 to the effect that—(i) any works—(A) only involve minor physical or structural operations; or(B) only create minimal adverse effect on the road users and other people in the neighbourhood; or (Replaced 25 of 2023 s. 102)(ii) a road serves no useful purpose,must be admissible as sufficient evidence of the facts stated therein, until the contrary is proved. (Amended 25 of 2023 s. 102) 42. Disposal of lands and easements Any land resumed or any Government foreshore or sea-bed reclaimed or any easement or other right created under this Ordinance and any land which becomes vested in The Financial Secretary Incorporated may be used in such manner as the Government or The Financial Secretary Incorporated thinks fit and may be disposed of to any person by any means and on any terms. 42A. Absence of authorization of expenditure for works not prevent certain matters The fact that the expenditure for any works to be carried out for a scheme has not been approved or authorized under the Public Finance Ordinance (Cap. 2) or any other enactment does not prevent—(a) the authorization of the scheme under section 11 or 12;(b) the authorization of the works under section 15;(c) the exercise of a power under section 13(2), 16, 20, 22, 24, 25, 26, 27 or 28; or(d) the provision of any compensation (whether monetary or non-monetary) or any financial or other assistance, whether or not under an enactment, in connection with the scheme or the works.(Added 25 of 2023 s. 103) 43. Certain Ordinances not to apply Except to the extent that provision is otherwise made in this Ordinance—(a) the Lands Resumption Ordinance (Cap. 124) does not apply to the resumption of any land ordered under this Ordinance nor to any claim for or determination, award or payment of compensation for the resumption; (Amended 29 of 1998 s. 101)(b) the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) does not apply to an order made under this Ordinance nor to its implementation or effects;(c) the Buildings Ordinance (Cap. 123) does not apply to the scheme for the purpose of giving rise to any claim for compensation; and(d) the Roads (Works, Use and Compensation) Ordinance (Cap. 370) does not apply to the resumption of any land ordered under this Ordinance nor to any claim for or determination, award or payment of compensation for the resumption. 44. Service of notices (1) Service of a notice required to be served on any person other than the Secretary under this Ordinance shall be effected—(a) subject to paragraph (b), by—(i) delivering it to the person personally;(ii) leaving it at the last known address of the person; or(iii) sending it by post addressed to the person at his last known address;(b) where the address of the person is unknown and cannot be reasonably ascertained, by affixing it on or near the affected land or building as is appropriate in the circumstances in a manner and location which makes it conspicuously visible.(2) A notice required to be served on any person other than the Secretary under this Ordinance is to be in writing and in both the Chinese and English languages.(3) A notice required to be served on the Secretary may be served—(a) by sending the notice by post; or(b) by delivering it to an officer who is authorized by the Secretary to receive notices on his behalf.(4) A certificate, relating to the service, giving, publishing or affixing of any notice, purporting to be signed by a public officer is evidence of the facts stated in the certificate.(5) The title to any land is not affected by—(a) any defect in a notice required under this Ordinance; or(b) any failure to serve, publish or affix a notice under this Ordinance. 45. Exemption, repeal and transitional provisions (1) The Secretary for Transport may by notice published in the Gazette appoint a date as the appointed date for the purposes of this section. (Amended L.N. 106 of 2002)(2) (a) Subject to paragraph (b), the Chief Executive in Council may at any time before the appointed date by order published in the Gazette exempt from the operation of this Ordinance any railway or any part of a railway specified in the order. (Amended 62 of 1999 s. 3)(b) An exemption under paragraph (a) shall as from the appointed date cease to have effect in respect of a railway or any part of a railway, unless the railway or the part of the railway, as the case may be, is immediately before the appointed date an existing railway.(3) (a) Subject to paragraph (b), the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) shall as from the appointed date be repealed.(b) For so long as an exemption under subsection (2) has effect in respect of any existing railway at any time on or after the appointed date, the provisions of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) shall, notwithstanding paragraph (a), continue to have effect subject however that—(i) (A) any reference therein to railway shall be regarded as a reference to any such existing railway;(B) any reference therein to railway area shall be regarded as a reference to the land delineated as railway area in respect of any such existing railway under that Ordinance immediately before the appointed date;(ii) (A) subject to sub-subparagraphs (B) and (C), sections 3 to 7 and 9, and section 15(3) to (5), of that Ordinance shall be regarded as having been repealed;(B) sections 8 and 20 of that Ordinance shall be regarded as having effect as if sections 3 to 7 and 9 of that Ordinance had not been repealed;(C) references in sections 31 and 34 of and the Schedules to that Ordinance to any of the provisions of sections 3 to 7 and 9 of that Ordinance shall be regarded as references to such provisions whilst in force;(iii) section 16 of that Ordinance shall be regarded as having been amended—(A) by repealing “5(2)(a)(i), 7(2)(a)(i), 9,”;(B) by repealing “or lawfully exercising any power consequential or incidental to an easement or right created pursuant to section 6”.(4) In this section—appointed date (指定日期) means the date appointed by the Secretary for Transport under subsection (1); (Amended L.N. 106 of 2002)existing railway (現有鐵路) means a railway or any part of a railway—(a) in respect of which any land has been delineated as railway area under the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) immediately before the appointed date; and(b) the construction of which has been completed at any time before the appointed date. 46. (Omitted as spent—E.R. 3 of 2021) 47. (Omitted as spent—E.R. 3 of 2021) 48. Transitional provisions for Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023 (1) If a copy of a scheme has been deposited in the Land Registry under section 6(1) before 1 September 2023, sections 6(6), 10, 11, 19, 21 and 23 as in force immediately before that date continue to apply in relation to the scheme as if sections 93(1), 94, 95, 97, 98 and 99 of the Amendment Ordinance had not been enacted.(2) Section 28(1A) has effect in relation to any application to be made under section 28(1) on or after 1 September 2023, regardless of whether the date referred to in section 28(1A)(a)(i) or (ii) falls before, on or after 1 September 2023.(3) If the period specified in column 4 of Part II of the Schedule in relation to a matter specified in column 1 of that Part begins before 1 September 2023, section 38 as in force immediately before that date continues to apply in relation to the compensation in respect of the matter as if section 101 of the Amendment Ordinance had not been enacted.(4) In this section—Amendment Ordinance (《修訂條例》) means the Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023 (25 of 2023).(Added 25 of 2023 s. 104) Schedule [ss. 32, 33, 34, 38 & 48](Amended 25 of 2023 s. 105) Part I 1. General effect of this Part This Part, where applicable, has effect for assessing compensation under Part II and is—(a) in addition to the provisions of the Lands Resumption Ordinance (Cap. 124) that apply, by Part II, to the assessment of compensation; and (Amended 29 of 1998 s. 101)(b) prevail over any provision referred to in paragraph (a) which is inconsistent or in conflict with a provision in this Part. 2. Definitions applicable to Part II In this Schedule—date of resumption (收回日期) means the day on which land reverts to the Government or vests in The Financial Secretary Incorporated under section 18(2) of this Ordinance;disturbance (騷擾) means the dispossession of a person of land or the interruption of or interference with a trade or business, whether such dispossession, interruption or interference is temporary or permanent; disturbance payment (騷擾補償金) means a sum equal to— (a) the expenditure and loss of money actually and reasonably incurred or to be reasonably incurred and arising from the dispossession of a person of land by reason of the matter for which the claimant is entitled to claim compensation under Part II; and (b) for disturbance of a trade or business on any land, the expenditure and loss of money actually and reasonably incurred or to be reasonably incurred and arising from the disturbance of that trade or business by reason of the matter for which the claimant is entitled to claim compensation under Part II, but a disturbance payment is not to include any expenditure or loss which would not be recoverable, on the grounds that the expenditure or loss was too remote or was not caused by the disturbance, if that disturbance were a tort; open market value (公開市場價值) means the amount which the land, if sold in the open market by a willing seller, might reasonably be expected to realize. 3. Fluctuations in value of land Subject to sections 8 and 10, where the open market value of any land is relevant for the purposes of assessing compensation under this Ordinance, no account is taken of any increase or decrease in that value which is attributable to anything done or proposed to be done under this Ordinance. 4. Disturbance payments (1) For assessing a disturbance payment, the Lands Tribunal is required, for any expenditure or loss to be incurred and for which the claimant is entitled under this Ordinance to be compensated, to assess the value of the expenditure or loss at the time of the award as if the expenditure or loss formed part of a claim for damages in tort.(2) No disturbance payment is payable for any interference with a trade or business if the interference does not last for more than 14 days. 5. Unlawful building works Compensation may be reduced so far as may be just and equitable for any building or part of a building which has been constructed or modified, or on which building works have been carried out, that is a contravention of the Buildings Ordinance (Cap. 123) or a contravention of a Government lease or other instrument under which land built upon is held. 6. Compensation where damage results only partly from the scheme The compensation assessed under item 6 or 7 of Part II is to be reduced to such extent as may be just and equitable having regard to the share in the responsibility for the loss or damage not reasonably attributable to or connected with the scheme. 7. No compensation under item 8 for loss of advertising Where a sign advertising any business, product, service or activity is removed under section 26 of this Ordinance, nothing in item 8 of Part II is to be construed as conferring upon any person a right to compensation for the loss of any benefit which might have accrued to him from the advertising of that business, product, service or activity if the sign had not been removed. 8. Set off where compensation paid for loss of value and land later resumed Where compensation under item 2, 3, 4, 5, 8 or 9 of Part II has been paid for the diminution in value of any land and the land or a part of the land is subsequently resumed by the Government under this Ordinance or any other enabling power, the diminution in value is to be taken into account to reduce the compensation for the resumption of that land in so far as it was taken into account in the assessment of compensation for diminuting its value. 9. Claim by a mortgagee in possession Where under this Ordinance a claim for compensation may be made by a mortgagee in possession—(a) the claim may include compensation for the whole interest which comprises the mortgage security; and(b) compensation received by a mortgagee in possession is to be applied by him firstly, to the settlement or reduction of the debt due under the mortgage and then to the payment of any excess to the mortgagor. 10. Limitation on compensation payable under item 9 Compensation is payable under item 9 of Part II only to the extent that the carrying out of building works in accordance with an amendment required, or condition imposed, under section 27(1)(c) or (d) of this Ordinance does not increase the open market value of the land on which the building works are carried out. 11. Apportionment of compensation Where there is a dispute between persons owning compensatable interests in any land or building as to the apportionment of the compensation payable or paid, the Lands Tribunal is, on the application of any of the persons, to apportion that compensation amongst the persons in such manner as may be just and equitable having regard to their respective rights and interests in the land or building. 12. Date of valuation and interest Where, under column 2 of Part II, compensation is to be assessed on the basis of the value of land, or the value of a claimant’s interest in land, or of a rent, that value or that rent is to be assessed as at the date of the happening of the relevant event mentioned in column 1 of Part II; and the person entitled to claim is the person fitting the description mentioned in column 3 of Part II on that date. 13. No double compensation Nothing in this Ordinance enables any person to recover compensation—(a) for a loss or expense which he has not suffered or incurred; or (b) which is greater than the loss suffered or expense incurred by him,but in assessing compensation under this Ordinance, no account is to be taken of any amount recovered by the claimant under a policy of insurance. 14. Government may undertake work Where, under this Ordinance, a person is entitled to claim compensation and that compensation is to be assessed on the basis of an expense incurred, the Government may, on written notice to that person, carry out the operations for which the expense would otherwise be claimable. Part II Matters for whichcompensation maybe claimed Basis on whichcompensationis to beassessed Persons who may claimcompensation fortheir respectivelosses Period within whichthe claim must beserved on theSecretary 1. The resumption of land under this Ordinance. As if the claim were made under the Lands Resumption Ordinance (Cap. 124) for land resumed under that Ordinance. Any person who would be entitled to claim compensation for land resumed under the Lands Resumption Ordinance (Cap. 124) if the land had been resumed thereunder. Before the expiration of 1 year from the date of resumption. (Amended 29 of 1998 s. 101) 2. (a) The creation of an easement or other permanent right or a right of temporary occupation under section 20 of this Ordinance. (a) (i) In the case of an easement or other permanent right, the amount by which the open market value of the claimant’s interest in the land is diminished. (a) Any person owning a compensatable interest in the land. (a) Before the expiration of 1 year from the date on which the easement or right is created. (ii) In the case of the creation of a right of temporary occupation, the amount of an open market rent for the claimant’s interest in the land occupied during the period of the easement. (b) Disturbance resulting from the creation of an easement or other permanent right or a right of temporary occupation under section 20 of this Ordinance. (b) A disturbance payment. (b) Same as in paragraph (a). (b) Same as in paragraph (a). 3. (a) The extinction, by the operation of section 18(2) of this Ordinance, of any easement in favour of land not resumed when contiguous or adjacent land is resumed. (a) The expense fairly and reasonably incurred in remedying or mitigating the effect of the extinction of the easement, as far as may be practicable, and any diminution in the open market value of the claimant’s interest in the land not resumed after such expense has been incurred. (a) Any person owning a compensatable interest in the land not resumed. (a) Before the expiration of 1 year from the date of resumption of the contiguous or adjacent land. (b) Disturbance resulting from the extinction of that easement. (b) A disturbance payment. (b) Same as in paragraph (a). (b) Same as in paragraph (a). 4. (a) The closure of, or extinction, modification or restriction of a private right in respect of, a road or part of a road under section 22 of this Ordinance, so that access to any land is adversely affected. (a) The expense fairly and reasonably incurred in remedying or mitigating the effect of such closure, extinction, modification or restriction, as far as may be practicable, and any diminution in the open market value of the claimant’s interest in the land after such expense has been incurred. (a) Any person owning a compensatable interest in the land. (a) Before the expiration of 1 year from the closure, extinction, modification or restriction. (b) Disturbance resulting from that closure, extinction, modification or restriction. (b) A disturbance payment. (b) Same as in paragraph (a). (b) Same as in paragraph (a). 5. (a) The extinction, modification or restriction of any private right over Government foreshore or sea-bed under section 22 of this Ordinance. (a) The amount which is fairly and reasonably assessed to be the open market value of the right and, where the claimant has a compensatable interest in contiguous or adjacent land, any diminution in the open market value of that interest. (a) Any person in whom the private right is vested. (a) Before the expiration of 1 year from the date of extinction, modification or restriction. (b) Disturbance resulting from that extinction, modification or restriction. (b) A disturbance payment. (b) Same as in paragraph (a). (b) Same as in paragraph (a). 6. (a) Physical or structural damage to any land or building resulting from the works. (a) The expense which is fairly and reasonably incurred in repairing the damage and any expense fairly and reasonably incurred in preventing or mitigating the damage. (a) Any person owning a compensatable interest in the land or building. (a) Before the expiration of 1 year from the date of the completion of the works. (b) Disturbance resulting from the structural damage mentioned in paragraph (a). (b) A disturbance payment. (b) Same as in paragraph (a). (b) Same as in paragraph (a). 7. (a) Physical or structural damage to any land or building resulting from the exercise of any power contained in section 5 or 24 of this Ordinance. (a) The expense which is fairly and reasonably incurred in repairing the damage and any expense fairly and reasonably incurred in preventing or mitigating the damage. (a) Any person owning a compensatable interest in the land or building. (a) Before the expiration of 1 year from the date of completion of the operations carried out under section 5 or 24 of this Ordinance from which the damage is alleged to have resulted. (b) Disturbance resulting from the exercise of any power contained in section 24 of this Ordinance. (b) A disturbance payment. (b) Same as in paragraph (a). (b) Same as in paragraph (a). 8. (a) The removal, under section 26 of this Ordinance, of any object or structure which was erected and maintained without the contravention of any Ordinance or Government lease. (a) Any diminution in the open market value of the claimant’s interest in the land or building; and the expense which is fairly and reasonably incurred in moving the object or structure and making good that part of the building from which it is removed. (a) Any person owning a compensatable interest in the land or building. (a) Before the expiration of 1 year from the date of removal. (b) Reinstating an object or structure described in paragraph (a) or replacing the same with a similar object or structure. (b) The expense fairly and reasonably incurred in so doing in so far as that expense is not taken into account under paragraph (a). (b) Same as in paragraph (a). (b) Before the expiration of 1 year from the date of reinstatement or replacement. (c) The loss sustained in respect of an object or structure which was erected and maintained without the contravention of any Ordinance or Government lease and is not to be reinstated or replaced with a similar object or structure. (c) The amount which is fairly and reasonably estimated as the value of the object or structure. (c) Any person owning a share or interest in the object or structure. (c) Same as in paragraph (a). (d) Disturbance resulting from the exercise of any power contained in section 26 of this Ordinance. (d) A disturbance payment. (d) Same as in paragraph (a). (d) Same as in paragraph (a). 9. An amendment required or a condition imposed, under section 27(1)(c) or (d) of this Ordinance (other than a condition mentioned in section 27(7) of this Ordinance), to avoid incompatibility with the works for the construction of a railway. (Amended E.R. 3 of 2021) The amount which is fairly and reasonably estimated as the loss to the claimant, including— The owner of the land on which the building works are carried out. Before the expiration of 1 year from the completion of the building works. (i) any additional expense fairly and reasonably incurred in carrying out building works; and (ii) professional fees and expenses, which loss, expense, fees and expenses are attributable solely to compliance with the amendment required or the condition imposed.