| Remarks: Amendments retroactively made - see 29 of 1998 s. 55 To provide for the resumption of land, creation of easements or rights and the exercise of other powers by the Government in aid of the construction and operation of a Mass Transit Railway and to make provisions as to compensation for losses caused by the exercise of such powers. (Amended 29 of 1998 s. 55) [23 August 1974] (Originally 66 of 1974) Cap 276 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance. Cap 276 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 In this Ordinance, unless the context otherwise requires- "application" (申请) means an application to the Lands Tribunal under section 8(2), 19(2) or 33; "authorized officer" (获授权人员) means a public officer authorized by the Director of Buildings or the Director of Lands under section 29; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) "Building Authority" (建筑事务监督) and "building works" (建筑工程) have the same meanings as in the Buildings Ordinance (Cap 123); "claim" (申索) means a claim for compensation under section 18; "claimant" (申索人) means a person who has made a claim for compensation; "Director" (署长) means the Director of Lands and any authorized officer but "Director of Buildings" (屋宇署署长) or "Director of Lands" (地政总署署长) does not include an authorized officer; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) "eastern harbour crossing" (东区海底隧道) means that part of the railway between the junction of King Yip Street and Kwun Tong Road in New Kowloon and Quarry Bay in the Island of Hong Kong; (Added 6 of 1986 s. 2) "land" (土地) includes and may, where the context so requires, have any one or more of the following meanings separately- (a) land lying wholly beneath the surface; (b) the whole or part of any 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 part thereof on such land, such share in the land and all rights appurtenant thereto; (d) any other estate, right, share or interest in land;"mortgage" (按揭) means a mortgage or charge registered in the Land Registry; (Amended 8 of 1993 s. 2) "railway" (铁路) means the railway known as the Mass Transit Railway including any extension intended to be constructed in pursuance of the transport policy of the Government; (Amended 12 of 1981 s. 2) "railway area" (铁路范围) means the land delineated as such in plans and maps prepared pursuant to section 3(1) or 3(3); "stages 1 to 6 and stage 8 of the railway" (第1至6期及第8期铁路) means that part of the railway between Sutherland Street in the Western District and Wan Tsui Road in the Eastern District of the Island of Hong Kong and Tso Kun Tam, Tsuen Wan or the junction of King Yip Street and Kwun Tong Road; (Amended 66 of 1978 s. 2; 12 of 1981 s. 2) "street" (街道) includes any public bridge and every highway, street, road, lane, footway, square, court, alley, passage or tunnel, whether a thoroughfare or not, which is over on or under unleased Government land; (Amended 29 of 1998 s.105) "The Financial Secretary Incorporated" (财政司司长法团) means the corporation sole created by the Financial Secretary Incorporation Ordinance (Cap 1015). (Amended L.N. 180 of 1985; L.N. 362 of 1997) Cap 276 s 3 Preparation and promulgation of plans and maps PART II RESUMPTION OF LAND AND CREATION OF EASEMENTS OR RIGHTS (1) The Director of Lands shall cause plans and maps to be prepared in such detail and with such markings and endorsements thereon as are sufficient to delineate the railway area, being that area within which land may be resumed or easements or rights in, under or over land may be created pursuant to this Ordinance for the purposes of and incidental to the railway. (Amended L.N. 94 of 1986; 6 of 1986 s. 3; L.N. 291 of 1993) (2) A copy of every plan and map prepared for the purposes of subsection (1) and signed by the Director of Lands shall be deposited in the Land Registry and shall be available for inspection by the public free of charge at such offices of the Government, during the hours when those offices are normally open to the public, as the Director of Lands thinks fit. (Amended L.N. 94 of 1986; 8 of 1993 s. 2; L.N. 291 of 1993) (3) Any plan or map prepared for the purposes of subsection (1) and any marking or endorsement on any such plan or map may be amended and any plan or map may be replaced by a substitute plan or map but the Director of Lands shall as soon as possible cause to be likewise amended, or replaced with the substitute, every copy referred to in subsection (2) and certify the amendment or substitution in such manner as he thinks sufficient. (Amended L.N. 94 of 1986: L.N. 291 of 1993) |
