Mass Transit Railway (Land Resumption And Related Provisions) Ordinance


Published: 1997-07-01

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Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 1

Chapter: 276 MASS TRANSIT RAILWAY (LAND RESUMPTION
AND RELATED PROVISIONS) ORDINANCE

Gazette Number Version Date


Long title 29 of 1998 01/07/1997


Remarks:
Adaptation 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)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Mass Transit Railway (Land Resumption and Related Provisions)
Ordinance.

Section: 2 Interpretation L.N. 362 of 1997;

29 of 1998
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105


In this Ordinance, unless the context otherwise requires-
"application" (申請) means an application to the Lands Tribunal under section 8(2), 19(2) or 33;
"authorized officer" (獲授權人員) 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" (建築事務監督) and "building works" (建築工程) 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" (署長) means the Director of Lands and any authorized officer but "Director of Buildings" (屋宇署署長)

or "Director of Lands" (地政總署署長) 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" (東區海底隧道) 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;



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 2

"mortgage" (按揭) means a mortgage or charge registered in the Land Registry; (Amended 8 of 1993 s. 2)
"railway" (鐵路) 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" (鐵路範圍) 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期鐵路) 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" (財政司司長法團) means the corporation sole created by the Financial
Secretary Incorporation Ordinance (Cap 1015). (Amended L.N. 180 of 1985; L.N. 362 of 1997)


Part: II RESUMPTION OF LAND AND CREATION OF

EASEMENTS OR RIGHTS
30/06/1997





Section: 3 Preparation and promulgation of plans and maps 30/06/1997


(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)

(4) The Director of Lands shall within 21 days of the deposit of a copy of a plan or map in the Land Registry or
of any amendment to such copy or the deposit of a substitute plan or map cause a notice of such deposit or amendment
to be published in the Gazette in Chinese and English containing- (Amended L.N. 94 of 1986; 8 of 1993 s. 2; L.N.
291 of 1993)

(a) a general description of the plan or map or of the nature and extent of the amendment or substitution;
and

(b) particulars of the places and times at which a copy of the plan or map, or details of the amendment or a
copy of the substitute plan or map may be inspected by the public in conformity with subsection (2).

(5) No person shall have a right of objection to the delineation of land in any plan or map prepared for the
purposes of subsection (1) or to any amendment thereto or substitute plan or map prepared under subsection (3) and
the fact that land is therein delineated as being within the railway area shall for all purposes be conclusive evidence
that it may be required to be resumed or that easements or rights in, under or over it may need to be created for the
purposes of and incidental to the railway. (Amended 6 of 1986 s. 3)

(Amended L.N. 76 of 1982)

Section: 4 Chief Executive may order resumption of land 36 of 2000 16/06/2000


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 3


(1) The Chief Executive may by order direct that any land within the railway area shall be resumed for the

purposes of and incidental to the railway. (Amended 62 of 2000 s. 3)
(2) An order made under subsection (1) shall specify the period of notice to be given under section 5(2) which

period shall-
(a) run from the day on which notice of resumption is affixed to the land under that section and in no case

expire earlier than 1 month from that day; and
(b) prevail over any other period of notice of resumption (whether shorter or longer) provided for by the

Government lease under which the land is held. (Amended 29 of 1998 s. 105)
(3) Upon the expiration of the period of notice specified in the order the land described therein shall-

(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 thereof as may be appurtenant to the ownership
of that share; and (Amended L.N. 180 of 1985)

(b) in all other cases, revert to the Government, (Amended 29 of 1998 s. 105)
but in either case the land shall vest or revert without any conveyance and free of all mortgages, charges, claims,
estates, rights or interests of any kind.

(4) 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 shall not be altered by reason only of the vesting
or reversion of that land under subsection (3). (Amended 36 of 2000 s. 28)

(5) The Director of Lands shall, as soon as practicable after land has vested in The Financial Secretary
Incorporated or reverted to the Government under subsection (3), cause such vesting or reversion to be noted in the
register of the land kept in the Land Registry. (Amended L.N. 180 of 1985; 8 of 1993 ss. 2 & 3; L.N. 291 of 1993; 29
of 1998 s. 105)

(6) Upon the vesting under subsection (3)(a) of an undivided share in land in The Financial Secretary
Incorporated such share, together with any part of a building the exclusive use and occupation of which is appurtenant
to ownership of such share, shall be deemed to be unleased land for the purposes of section 6 of the Land
(Miscellaneous Provisions) Ordinance (Cap 28). (Amended L.N. 180 of 1985; 29 of 1998 s. 56)

Section: 5 Notices of resumption of land 29 of 1998; 62 of

2000
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3


(1) Notice of resumption by order made under section 4(1) shall be given in accordance with this section to
every person having any estate, right, share or interest in the land affected by the order.

(2) Every person referred to in subsection (1) shall be deemed to receive notice of an order under section 4(1) if
the Director-

(a) causes a notice of resumption conforming to subsection (3) and in both Chinese and English to be-
(i) affixed to some conspicuous part of the land or, in a case where only land lying wholly beneath

the surface is to be resumed by the order, the surface thereof or any building thereon; and
(ii) published once in the Gazette; and

(b) makes a copy of the order and, where appropriate a plan of the land 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 thinks fit.

(3) A notice of resumption shall-
(a) describe the land to be resumed and state that an order has been made under section 4(1) in respect

thereof;
(b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be

inspected in pursuance of subsection (2)(b);
(c) state the day on which the notice was affixed to the land;
(d) state the period of notice specified by the Chief Executive under section 4(2); (Amended 62 of 2000 s.

3)
(e) declare that upon the expiry of that period the land described in the notice shall by virtue of section

4(3) revert to the Government or vest in The Financial Secretary Incorporated, as the case may require,



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 4

for the purposes of the railway; and (Amended L.N. 180 of 1985; 29 of 1998 s. 105)
(f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the

Director.

Section: 6 Chief Executive may order creation of easements or rights 29 of 1998; 62 of

2000
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3


(1) The Chief Executive may by order direct that easements or other permanent rights in, under or over land in
the railway area and rights of temporary occupation of land in the railway area shall be created in favour of the
Government for the purposes of and incidental to the railway. (Replaced 60 of 1983 s. 2. Amended 29 of 1998 s. 105;
62 of 2000 s. 3)

(2) An order under subsection (1) shall specify the period of notice to be given under section 7(3) which period
shall run from the day on which notice of creation of an easement or right is affixed to the land under that subsection
and shall in no case expire earlier than 1 month from that day. (Amended 60 of 1983 s. 2)

(3) An order made under 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 buildings in accordance with subsection (5) for the purpose of carrying out,
installing, maintaining or removing any works, structures or apparatus. (Amended 62 of 2000 s. 3)

(4) Upon the expiry of the period specified pursuant to sub-section (2) the easement or right shall be created in
favour of the Government and the benefits and obligations thereof and of all consequential and incidental provisions
made under subsection (3) shall 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 60 of 1983 s. 2; 29 of 1998 s. 105)

(5) No person shall, in the exercise of any power of entry referred to in subsection (3), enter upon any land
which is occupied without giving to the occupier at least 14 days' notice of his intention so to do unless-

(a) the Director of Buildings or the Director of Lands is of the opinion that an emergency exists which
necessitates immediate entry; or (Amended L.N. 291 of 1993)

(b) the entry is required for the purpose of inspecting any works, structure or apparatus or carrying out any
routine maintenance thereon.

(6) Notice under subsection (5) may be given to and shall be deemed to have been received by an occupier if a
written notice is affixed to a conspicuous part of the land to be entered.

(7) The ownership of any thing shall not be altered by reason only that it is placed in or under or affixed to any
land in exercise of the rights and powers arising from or incidental to an easement or right created under this section.
(Amended 60 of 1983 s. 2)

(8) The Director of Lands shall as soon as practicable after an easement or right has been created in favour of
the Government under subsection (4) cause the creation of such easement or right to be noted in the register of the
land affected thereby kept in the Land Registry. (Amended 60 of 1983 s. 2; 8 of 1993 ss. 2 & 3; L.N. 291 of 1993; 29
of 1998 s. 105)

Section: 7 Notices of creation of easements or rights 29 of 1998; 62 of

2000
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3


(1) Notice of creation of an easement or right by order made under section 6(1) shall be given in accordance
with this section to every person having any estate, right, share or interest in the land affected by the order.

(2) Every person referred to in subsection (1) shall be deemed to receive notice of an order under section 6(1) if
the Director-

(a) causes a notice of creation of an easement or right conforming to subsection (3) and in both Chinese
and English to be-
(i) affixed to some conspicuous part of the land in, under or over which the easement or right is to

be created or, in a case where only land lying wholly beneath the surface is affected by the order,



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 5

the surface thereof or any building thereon; and
(ii) published once in the Gazette; and

(b) makes a copy of the order and, where appropriate, a plan of the easement or right 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 thinks fit.

(3) A notice of creation of an easement or right shall-
(a) describe the land and the easement or right and state that an order creating the easement or right has

been made under section 6(1);
(b) state where and at what times a copy of the order and a plan of the easement or right may be inspected

in pursuance of subsection (2)(b);
(c) state the day on which the notice was affixed to the land;
(d) state the period of notice specified by the Chief Executive under section 6(2); (Amended 62 of 2000 s.

3)
(e) declare that upon the expiry of that period the easement or right described in the notice shall by virtue

of section 6(4) be created in favour of the Government for the purposes of the railway; and (Amended
29 of 1998 s. 105)

(f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the
Director.

(Amended 60 of 1983 s. 3)

Section: 8 Resumption of part of land 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) If it is established to the satisfaction of the Chief Executive that any land is, on the day on which it is
resumed under section 4(3), reasonably necessary to the use and enjoyment of contiguous or adjacent land so that such
contiguous or adjacent land cannot by itself be put to any profitable use, the Chief Executive may make an order under
section 4(1) in respect of the contiguous or adjacent land whether or not it is within the railway area.

(2) Any person aggrieved by a decision of the Chief Executive under subsection (1) that at the date of
resumption any land is not reasonably necessary to the use and enjoyment of contiguous or adjacent land may apply to
the Lands Tribunal to review such decision.

(3) Upon an application under subsection (2) the Lands Tribunal may direct that an order be made under
section 4(1) by the Chief Executive in respect of the contiguous or adjacent land whether or not it is within the railway
area.

(Amended 62 of 2000 s. 3)

Section: 9 Power of entry 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105


Where in respect of any land notice has been published in the Gazette in accordance with section 5(2)(a)(ii) or
7(2)(a)(ii) but the land has not yet reverted to the Government or vested in The Financial Secretary Incorporated by
virtue of section 4(3) or the easement or right has not yet been created by virtue of section 6(4), the Director, or any
person acting under his authority, may without giving notice to the owner or occupier enter upon that land and any
adjoining land within the railway area at all reasonable times for the purpose of- (Amended 29 of 1998 s. 105)

(a) surveying and taking levels of such first-mentioned land;
(b) setting out the line of any works; or
(c) inspecting any apparatus referred to in section 13.

(Amended 60 of 1983 s. 4; L.N. 180 of 1985)




Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 6

Part: III FURTHER POWERS OF GOVERNMENT FOR
PURPOSES OF THE RAILWAY*

29 of 1998; 62 of
2000

01/07/1997


___________________________________________________________
Note:* (Amended 29 of 1998 s. 57)

Section: 10 Closure or substantial alteration of streets and other

public works
29 of 1998; 62 of
2000

01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 57 & 105; 62 of 2000 s. 3


(1) The Chief Executive may, for the purposes of the construction, operation, maintenance or improvement of
the railway, by order- (Amended 62 of 2000 s. 3)

(a) authorize the closure or substantial alteration of a street or part thereof either permanently or for an
indefinite period;

(b) authorize the temporary closure or temporary substantial alteration of any street or part thereof;
(c) authorize the reclamation of, or other works of a public nature over and upon, Government foreshore

or seabed;
(d) 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 any street, Government foreshore or seabed shall be extinguished, modified or
restricted.

(2) For the purposes of subsections (1)(a) and (1)(b) the decision of the Director of Lands whether or not an
alteration of a street is substantial or the closure or alteration of a street is temporary, permanent or indefinite shall be
final. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)

(3) Where an order is made under subsection (1) every public and private right in, upon, under or over the
street, Government foreshore or seabed affected by the order shall be extinguished, modified or restricted according to
the provisions in that behalf made in the order.

(Amended 29 of 1998 s. 105)

Section: 11 Notices of orders made under section 10 30/06/1997


(1) Notice of an order made under section 10(1)(a) or 10(1)(c) in respect of any street, foreshore or seabed shall
be given in accordance with subsection (2) to every person having any estate, right, share or interest in the land
affected by the order.

(2) Every person referred to in subsection (1) shall be deemed to receive notice of an order under section
10(1)(a) or 10(1)(c) if the Director not later than 1 month before any thing is done under the authority of the order-

(a) causes a notice conforming to subsection (3) and in both Chinese and English to be-
(i) posted in a conspicuous position in or near the street, the foreshore or foreshore adjoining the

seabed; and
(ii) published once in the Gazette;

(b) makes a copy of the order and a plan of the affected area of street, foreshore or seabed 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 thinks fit.

(3) The notice referred to in subsection (1) shall-
(a) state that an order has been made under section 10(1)(a) or 10(1)(c) and describe the area of street,

foreshore or seabed 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 street, foreshore or

seabed may be inspected pursuant to subsection (2)(b); and
(d) state that any person entitled to compensation under this Ordinance may serve a written claim upon the

Director.




Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 7

Section: 12 Preventive and remedial works on land and buildings 30/06/1997


(1) The Director of Buildings or the Director of Lands, or any person acting under his authority, may enter any
land or building situate wholly or partly within the railway area or wholly or partly within 70 metres thereof in order
to carry out any inspection or survey which is reasonably necessary for the purposes of the railway, including an
inspection or survey to ascertain the condition of such land or building prior to the construction of the railway, and
may also enter any such land or building and carry out all reasonably necessary work of a preventive or remedial
nature. (Replaced 47 of 1975 s. 2. Amended L.N. 291 of 1993)

(2) No person shall, for the purposes of subsection (1), enter any land or building which is occupied without
giving to the owner and the occupier at least 14 days' notice of his intention so to do unless-

(a) the Director of Buildings or the Director of Lands is of the opinion that an emergency exists which
necessitates immediate entry; or (Amended L.N. 291 of 1993)

(b) the entry is required only for the purpose of an inspection or survey.
(3) A notice of entry referred to in subsection (2)-

(a) shall describe the purpose of the entry and the nature of any work to be carried out; and
(b) shall be deemed to be given to and received by an owner or occupier if a written notice is affixed to a

conspicuous part of the land or building to be entered.
(4) In subsection (1) "work of a preventive or remedial nature" (屬預防或補救性質的工程) means the

underpinning or strengthening of any land or building and other work thereon intended to render it reasonably safe or
to repair or detect damage caused in the course of the construction or operation of the railway. (Amended 47 of 1975
s. 2)

(5) The decision of the Director of Buildings or the Director of Lands that any work is of a preventive or
remedial nature or that such work or any inspection or survey is reasonably necessary shall be final. (Amended L.N.
291 of 1993)

(6) The Director of Buildings or the Director of Lands, or any person acting under his authority, may as
occasion may require enter and resurvey any land or building in respect of which any of the powers contained in
subsection (1) have been exercised and may in relation to that land or building exercise such powers as often as
occasion may require. (Amended L.N. 377 of 1981)

(L.N. 291 of 1993)

Section: 13 Utility services 36 of 2000 16/06/2000


(1) The Director may serve notice on the owner or supplier of any gas, electricity, water or telecommunications
services 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 or supplier and to repair any street surface thereby disturbed if in the opinion
of the Director such alteration is required for the purposes of the construction, operation, maintenance or improvement
of the railway. (Amended 36 of 2000 s. 28)

(2) A notice under subsection (1) shall-
(a) specify the apparatus to which the notice applies and set out the Director's requirements as to the

alteration of its course or position and the repair of any street surface;
(b) stipulate the period within which such work shall be carried out; and
(c) be served upon the owner or supplier not later than 1 month before the commencement of that period.


Section: 14 Removal of projections or obstructions 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105


(1) The Director may give notice to the owner of any building in the railway area requiring him to remove any
object or structure described in the notice which is attached to or projects from the building if in the opinion of the
Director the removal of the object or structure is required for the purposes of the construction of the railway.

(2) A notice under subsection (1) may be given to the owner of a building and shall be deemed to have been
received by him if it is affixed to some conspicuous part of the building to or from which the object or structure is
attached or projects.



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 8

(3) A notice under subsection (1) shall-
(a) describe the object or structure to be removed;
(b) stipulate the period within which the work of removal shall be carried out;
(c) be given to the owner of the building not later than 14 days before the commencement of that period;

and
(d) state that any person entitled to compensation under this Ordinance may serve a written claim upon the

Director.
(4) If the owner of the building does not comply with a notice given to him under subsection (1) any public

officer authorized in that behalf by the Director of Buildings or the Director of Lands may enter the building and the
land surrounding it, together with such other persons as he thinks necessary, and remove the object or structure
described in the notice or cause it to be removed by those other persons. (Amended L.N. 291 of 1993)

(5) An object or structure removed under subsection (4) shall, whether or not it was erected or maintained in
contravention of any Ordinance, be forfeited to the Government free from the rights of any person and may be
disposed of as the Director of Buildings or the Director of Lands thinks fit. (Amended L.N. 291 of 1993; 29 of 1998 s.
105)

(6) In this section "owner" (擁有人) means the person holding the land direct from the Government under a
Government lease. (Amended 29 of 1998 s. 105)

Section: 15 Control of building plans and commencement of work 29 of 1998; 62 of

2000
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3


(1) Notwithstanding the Buildings Ordinance (Cap 123), in any case where he is of the opinion that any
building works or the commencement of any building works would be incompatible with any works or proposed or
likely works for the construction, maintenance or improvement of the railway or with the operation thereof, the
Building Authority may to such extent as is necessary to avoid such incompatibility-

(a) refuse to give his approval to any plan or to consent to the commencement of the building works;
(b) withdraw any approval which he has or is deemed to have given to any plan or any consent to the

commencement of the building works;
(c) in the case of piling works, excavation works or foundation works-

(i) require the amendment of any plan showing such works; or
(ii) impose conditions on the giving of approval of plans showing such works or consent to

commence such works.
(2) The carrying out of any building works-

(a) contrary to any refusal, or following a withdrawal, of approval or consent under subsection (1)(a) or
(1)(b); or

(b) otherwise than in accordance with any plan amended under subsection (1)(c)(i) or condition imposed
under subsection (1)(c)(ii),

shall, for the purposes of section 23 of the Buildings Ordinance (Cap 123), be deemed to constitute a contravention of
that Ordinance .

(3) Where the Building Authority refuses under subsection (1)(a) to give his approval to any plan because he is
of the opinion that the building works shown thereon would be incompatible with works or proposed or likely works
for the construction of stages 1 to 6 and stage 8 of the railway or the eastern harbour crossing, the owner of the land on
which such building works were to be carried out may, by notice in writing to the Director, require that the land be
resumed under this Ordinance. (Amended 66 of 1978 s. 3; 12 of 1981 s. 3; 6 of 1986 s. 4)

(4) Where notice is given under subsection (3) the Chief Executive shall, unless the notice is withdrawn, make
an order under section 4(1) in respect of the land not more than 1 month after receipt of the notice by the Director, and
the period of notice specified in the order shall be 1 month. (Amended 62 of 2000 s. 3)

(5) In subsection (3) "owner" (擁有人) means the person holding the land direct from the Government under a
Government lease. (Amended 29 of 1998 s. 105)




Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 9

Section: 16 Obstruction 30/06/1997


Any person who wilfully obstructs any person lawfully exercising or performing any power duty or function
arising under section 5(2)(a)(i), 7(2)(a)(i), 9, 11(2)(a)(i), 12(1), 12(6), 14(2) or 14(4) or lawfully exercising any power
consequential or incidental to an easement or right created pursuant to section 6 shall be guilty of an offence and shall
be liable on conviction to a fine of $5000 and to imprisonment for 1 year.

(Amended 60 of 1983 s. 5)

Part: IV RIGHTS TO COMPENSATION AND CLAIMS

PROCEDURE
30/06/1997





Section: 17 No remedy except under this Ordinance 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


No action, claim or proceedings shall lie or be brought against the Government or any other person- (Amended
62 of 2000 s. 3)

(a) to restrain the doing of anything which is authorized by or under this Ordinance or to compel the doing
of anything which may be omitted to be done thereunder; or

(b) to recover damages, compensation or costs for-
(i) damage or disturbance to or loss of or in the value of any land, chattel, trade or business;
(ii) personal disturbance or inconvenience;
(iii) extinguishment, modification or restriction of rights;
(iv) the costs of effecting or complying with any requirement or condition imposed by the Director,
which is authorized by or under this Ordinance or arises from any act or omission so authorized,
except in pursuance of one of the rights to compensation provided for in section 18.


Section: 18 Compensation 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) The rights to compensation referred to in section 17 are the rights to claim from the Government for the
items of loss damage or cost set out in the first column of Part I of the First Schedule a sum assessed on the basis
specified opposite thereto in the second column thereof and with regard to the provisions of Part II of the First
Schedule, subject to- (Amended 62 of 2000 s. 3)

(a) the claim being served on the Director within the appropriate period specified in the fourth column of
Part I of the First Schedule; and

(b) the other provisions of this Ordinance.
(2) Every person who is described in the third column of Part I of the First Schedule shall have the right to

claim compensation for the item of loss damage or cost set out opposite thereto in the first column to the extent of the
loss damage or cost suffered or incurred by him as assessed pursuant to this Ordinance.

Section: 19 Claims out of time 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) Subject to this section, if a claim for an item of loss damage or cost is not served on the Director before the
expiration of the period specified in the fourth column of Part I of the First Schedule in respect of that item, the right
to claim compensation therefor shall be barred.

(2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or
after the expiry of that period, be extended in accordance with this section.



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 10

(3) Notice of an application under subsection (2) shall be given to the Director by the applicant.
(4) The Lands Tribunal may extend the period within which a claim must be served upon the Director if it

considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other
than the relevant provision in the fourth column of Part I of the First Schedule) or by any other reasonable cause or
that the Government is not materially prejudiced in the conduct of its case or otherwise by the delay. (Amended 62 of
2000 s. 3)

(5) An extension may be granted by the Lands Tribunal under subsection (4), 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.

Section: 20 Compensation disproportionate to the value of land 29 of 1998; 62 of

2000
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3


(1) Where it appears to the Chief Executive that compensation for any loss or damage under item 6 of Part I of
the First Schedule is or may be disproportionate to the value of the building to which the compensation relates, he may
make an order under section 4(1) in respect of that land or part thereof notwithstanding that it is not in the railway
area.

(2) Upon the vesting in The Financial Secretary Incorporated or the reversion to the Government of land or part
thereof pursuant to an order authorized by subsection (1), compensation shall be assessed under item 1 of Part I of the
First Schedule, and under item 3 if applicable, and any other right to compensation under this Ordinance shall lapse.
(Amended L.N. 180 of 1985; 29 of 1998 s. 105)

(3) Where a right to claim compensation under this Ordinance has lapsed by operation of subsection (2), the
person to whom that right belonged pursuant to section 18(2), shall be entitled to include in his claim for
compensation under item 1 of Part I of the First Schedule, and to receive from the Government, an amount to cover
such costs and expenses as he has reasonably incurred in connection with a claim to enforce the right which has
lapsed.

(Amended 62 of 2000 s. 3)

Section: 21 Claims procedure 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) Any person who claims to be entitled to compensation under this Ordinance shall serve upon the Director 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 to which the claim relates including any covenants easements or

restrictions affecting the same;
(c) the nature of the claimant's interest in the land including in the case of 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 sublet the land or any part thereof, the name and address of each tenant and details

of his lease or tenancy;
(f) particulars of the claim showing-

(i) under which item the claim is made; and
(ii) how the amount claimed under any item is calculated.

(2) The Director shall in writing acknowledge receipt and the date of receipt of every claim served on him
under subsection (1).

(3) If a claimant amends his claim before proceedings are commenced with the Lands Tribunal and the Director
considers the amendment to be substantial, the Director may, within 14 days of the receipt of the amended claim,
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 Director, and this section shall apply



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 11

accordingly.
(4) The Director may by notice in writing to the claimant request him to furnish further particulars of and in

support of his claim or any item thereof and if any such particulars are not furnished to the Director within a period of
28 days from the date of the notice, or within such further period as the Director may in writing allow, the claim or the
item thereof concerning which the particulars are requested shall be deemed to be rejected and subsection (5) shall not
apply thereto.

(5) The Director shall within 3 months of the service of a claim on him or, if he has requested further
particulars under subsection (4) within 3 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 shall briefly state his reasons for rejection so that the claimant is adequately informed of those
reasons.

(6) Where the Director has rejected a claim or any part thereof under subsection (5) or where a claim or any
part thereof is deemed to have been rejected under subsection (4) the Director may-

(a) by notice in writing offer to the claimant such sum including costs as the Government is willing to pay
in full and final settlement of the claim or any part thereof as the case may be; (Amended 62 of 2000
s. 3)

(b) commence proceedings with the Lands Tribunal, to have the claim or any part thereof heard and
determined by it in accordance with this Ordinance;

(c) commence such proceedings with the Lands Tribunal where any offer under paragraph (a) is refused
by the claimant.

(6A) In relation to any claim under item 6 of Part I of the First Schedule-
(a) subsections (4), (5) and (6) shall not apply;
(b) the Director may by notice in writing to the claimant request him to furnish further particulars of and

in support of his claim or any item thereof within a period of 28 days from the date of the notice, or
within such further period as the Director may in writing allow;

(c) prior to the commencement of proceedings with the Lands Tribunal the Director may by notice in
writing offer to the claimant such sum (inclusive or exclusive of costs) as the Government is willing to
pay in full and final settlement of the claim or any part thereof, as the case may be. (Added 66 of 1978
s. 4. Amended 62 of 2000 s. 3)

(7) If at the expiration of 4 months from the receipt of a claim by the Director it has not been settled by
agreement, either the claimant or the Director may commence proceedings with the Lands Tribunal to have the claim,
or so much thereof as is still then in dispute, heard and determined by it in accordance with this Ordinance.

(8) In any case where the claimant has failed to supply further particulars required by the Director in
accordance with subsection (4) or (6A)(b) the Lands Tribunal may on the hearing of the claim consider the merits of
the Director's request for further particulars, and the claimant's failure to supply them and may, if it thinks fit-
(Amended 66 of 1978 s. 4)

(a) order the claimant to furnish some or all of such particulars; and
(b) adjourn the hearing until the order is complied with and the particulars are considered by the Director;

and
(c) make such further order as it thinks fit as to the costs of either party occasioned by the Director's

request for and the claimant's failure to supply the further particulars.

Section: 22 Claims by minors etc. 30/06/1997


A claim may be brought on behalf of a minor by his guardian or guardians, or any of them, and on behalf of a
mentally defective person by the person empowered by law to administer his assets.

Section: 23 Settlement after reference to Lands Tribunal 30/06/1997


(1) At any time after proceedings have been commenced with the Lands Tribunal but before compensation is
finally assessed the Director may make an offer in writing of the kind described in section 21(6)(a) or 21(6A)(c) or the
claimant may by notice to the Director offer a sum (inclusive or exclusive of costs) which he is willing to accept in



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 12

full and final settlement of his claim or any rejected part thereof.
(2) Where an offer made by the Director pursuant to section 21 (6)(a) or 21 (6A)(c) or by the Director or the

claimant pursuant to subsection (1) is not accepted by the other party no part of the contents thereof which relates to
any part of a claim before the Lands Tribunal shall be disclosed to that Tribunal until the amount of compensation for
that part is assessed by it but 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) Where the Director has made any offer pursuant to section 21 (6)(a) or 21 (6A)(c) which is refused by the
claimant or either party has made any offer pursuant to subsection (1) which is refused by the other and the
compensation including costs (if any) assessed by the Lands Tribunal does not exceed the amount of compensation
including costs (if any) comprised in the offer, the Lands Tribunal shall, unless for special reasons it thinks it proper
not to do so, order the party who refused the offer to bear his own costs and to pay the
costs of the other party in so far as the costs of either party are incurred after the making of the offer.

(Amended 66 of 1978 s. 5)

Part: V ASSESSMENT AND AWARD OF COMPENSATION 30/06/1997




Section: 24 Jurisdiction of Lands Tribunal 30/06/1997


(1) The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance-
(a) all claims for compensation which the Director or the claimant may refer to it under section 21 (6) or

(7); and
(b) applications provided for by sections 8(2), 19(2) and 33.

(2) The Lands Tribunal shall also have jurisdiction to award compensation or any part thereof to a claimant if at
the time of the award it has no notice or intimation of any dispute as to his entitlement but the making of any such
award shall not affect the entitlement to receive compensation under this Ordinance of any other person who may
thereafter be held by a court of competent jurisdiction to have a better title to the compensation or any part thereof
than the person to whom it was awarded.

(3) An award of compensation under subsection (2) shall not in any way affect the entitlement of a mortgagee
to be paid compensation in accordance with section 25.

Section: 25 Payment to mortgagees 25 of 1998; 29 of

1998
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 105


(1) Subject to subsection (2) a mortgagee of land which reverts to the Government or vests in The Financial
Secretary Incorporated under this Ordinance shall, in so far as he has priority as against any other mortgagee, be
entitled to be paid so much of any compensation as is required to discharge his mortgage debt including any interest
thereon. (Amended L.N. 180 of 1985; 29 of 1998 s. 105)

(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 shall, in so far as he has priority as against any
other mortgagee, be 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), shall be made in accordance with the
written agreement of the claimant and every mortgagee of the land or failing such agreement in accordance with an
order of the Court of First Instance under subsection (4). (Amended 25 of 1998 s. 2)

(4) The claimant or any mortgagee may apply to the Court of First Instance for an order as to the payment of
unpaid compensation and on any such application the Court may make such order as it thinks just and equitable
having regard to the requirements of subsections (1) and (2). (Amended 25 of 1998 s. 2)






Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 13

Section: 26 Interest on compensation 6 of 2001 12/04/2001


Remarks:
For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see
section 13 of 6 of 2001.


(1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs) from such date and
for such period as it thinks fit, at the rate specified in subsection (2) or at such other rate as may be determined by
resolution of the Legislative Council. (Amended 76 of 1980 s. 24; 6 of 2001 s. 6)

(2) For the purposes of subsection (1), the rate of interest paid-
(a) in respect of a working day shall be the lowest of the interest rates paid on deposits at 24 hours' call by

note-issuing banks at the close of business on that day; and
(b) in respect of a non-working day shall be the lowest of the interest rates paid on deposits at 24 hours'

call by note-issuing banks at the close of business on the last working day before that day. (Added 6 of
2001 s. 6)

(3) In this section-
"non-working day" (非工作日) means a day that is not a working day;
"note-issuing bank" (發鈔銀行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue

Ordinance (Cap 65);
"working day" (工作日) means any day other than-

(a) a public holiday; or
(b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and

General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 6)

Section: 27 Compensation payable out of general revenue 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


All compensation (including interest thereon) and all costs-
(a) agreed to be paid to the claimant by the Director; or
(b) awarded by the Lands Tribunal against the Government,

shall be paid out of the general revenue within 3 months of the agreement or award, unless there is a dispute as to the
person entitled to such compensation.

(Amended 62 of 2000 s. 3)

Section: 28 Surrender of title documents 30/06/1997


The Director may require any claimant to whom compensation is payable for land resumed under this Ordinance
to surrender his documents of title to the Director as a condition of payment being made.

Part: VI MISCELLANEOUS 30/06/1997




Section: 29 Delegation by the Director of Buildings and Lands 30/06/1997


(1) Subject to subsection (2), the Director of Buildings or the Director of Lands may in writing authorize any
public officer either generally or in any particular case to exercise or perform any of the powers, functions and duties
conferred or imposed upon him by this Ordinance where the power, function or duty is expressed as being conferred
or imposed on the Director but not where it is expressed as being conferred or imposed on the Director of Buildings or
the Director of Lands. (L.N. 291 of 1993)

(2) For the purposes of any provision of this Ordinance appearing in the first column of the Second Schedule,
the Director of Buildings or the Director of Lands shall not under subsection (1) authorize a public officer below the
rank specified opposite thereto in the second column.



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 14

(3) The Director of Lands may in writing authorize any person, who is not a public officer, either generally or
in any particular case, to exercise any of the powers and functions conferred on him by section 21(4) or 21(6A)(b) if
he is satisfied that such person is qualified to exercise such powers and functions. (Added 66 of 1978 s. 6 )

(Amended L.N. 76 of 1982; L.N. 94 of 1986; 80 of 1997 s. 102)

Section: 30 Service of documents 30/06/1997


Without prejudice to any other provision of this Ordinance, any notice or other document required or authorized
to be given to or served on any person for the purposes of this Ordinance or any proceedings thereunder before the
Lands Tribunal may be personally given to or served on that person or may be sent to him by registered post.

Section: 31 Certain statements to be conclusive evidence 30/06/1997


Where it is stated-
(a) in any order under section 4(1), 6(1) or 10(1) respectively that-

(i) the resumption of land;
(ii) the creation of an easement or right; or (Amended 60 of 1983 s. 6)
(iii) the closure, alteration or work,
is ordered or authorized for the purposes of or incidental to the railway or the construction, operation,
maintenance or improvement thereof; or

(b) in a notice under section 12, 13, or 14 that the entry or the work therein described or required to be
carried out is, in the opinion of the Director, necessary or required for the construction, operation,
maintenance or improvement of the railway,

then such statement shall be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact
so stated.

Section: 32 Disposal of lands and easements or rights 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105


Any land resumed or easement or 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 whatsoever.

(Amended 60 of 1983 s. 7; L.N. 180 of 1985; 29 of 1998 s. 105)

Section: 33 Certificates of values 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105


The Lands Tribunal may, on the application of any person, certify the amount of any settlement of compensation
agreed between that person and the Director under this Ordinance or the amount of the price of land being sold by that
person to the Government for the purposes of or incidental to the railway and any amount so certified by the Lands
Tribunal shall be deemed to be the best settlement or sale price (as the case may be) which could reasonably be
obtained.

(Amended 29 of 1998 s. 105)

Section: 34 Certain Ordinances not to apply 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 58


(1) Except to the extent that provision is otherwise made in Part I of the First Schedule-
(a) the Lands Resumption Ordinance (Cap 124) shall not apply to the resumption of any land ordered



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 15

under section 4 nor to any claim for or determination, award or payment of compensation for such
resumption; and (Amended 29 of 1998 s. 58)

(b) the Roads (Works, Use and Compensation) Ordinance (Cap 370) and the Foreshore and Sea-bed
(Reclamations) Ordinance (Cap 127) shall not apply to an order made under section 10(1) nor to the
implementation or effects thereof. (Amended 37 of 1982 s. 41; 63 of 1985 s. 21)

(2) (Repealed 73 of 1982 s. 39)

Schedule: 1 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 59


[section 18]


PART I


Losses for which
compensation may be

claimed


Basis on which
compensation is to be

assessed

Persons who may claim
compensation for their

respective losses

Period within which the
claim must be served on the

Director

1. The loss of land
resumed under section
4.

As if the claim were made
under the Lands
Resumption Ordinance (Cap
124) for land resumed under
that Ordinance. (Amended
29 of 1998 s. 59)

Any person who would be
entitled to claim
compensation for land
resumed under the Lands
Resumption Ordinance
(Cap124) if the land had
been resumed thereunder.
(Amended 29 of 1998 s. 59)


Before the expiration of 1
year from the date of
resumption.

2. The loss-
(a) of value of land

caused by the
creation of an
easement or right
in, under or over
that land pursuant
to section 6.

(a) The amount by which
the open market value
of the land is reduced
on the date on which
the easement or right is
created under section
6(4).

(a) Any person owning a
compensatable interest
in the land on the date
on which the easement
or right is created
under section 6(4).

(a) Before the expiration
of 1 year from the date
on which the easement
or right is created
under section 6(4).

(b) due to disturbance
resulting from the
creation of an
easement or right
under section 6.

(b) A disturbance payment. (b) Same as in item 2(a). (b) Same as in item 2(a).

(Amended 60 of 1983 s. 8)

3. The loss or value of
land, no part of which is
resumed, due to the
extinction of any right
or easement upon the
resumption of adjacent
or contiguous land.

On the basis provided for by
the Lands Resumption
Ordinance (Cap 124) for the
extinction of any right or
easement caused by
resumption under that
Ordinance. (Amended 29
of 1998 s. 59)

Any person who would be
entitled to claim
compensation under the
Lands Resumption
Ordinance (Cap 124) for the
extinction of any right or
easement caused by
resumption under that
Ordinance if the adjacent or
contiguous land had been
resumed thereunder.

Before the expiration of 1
year from the date of
resumption of the adjacent
or contiguous land.



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 16

(Amended 29 of 1998 s. 59)


4. The pecuniary loss or
damage caused or likely
to be caused by the
closure or substantial
alteration of a street or
part of a street under
section 10. (Amended
68 of 1976 s. 2)

The amount or any
pecuniary loss or damage to
any property held under a
Government lease:

Provided that, in the
case of a temporary closure
or temporary substantial
alteration, that closure or
alteration continues for a
period exceeding 6 months.
(Replaced 37 of 1982 s. 41.
Amended 29 of 1998 s. 59)

The owner or occupier of
the property. (Replaced 37
of 1982 s. 41)

Before the expiration of 1
year from-
(a) the closure of the street

or part thereof in the
case of a street or part
of a street permanently
closed;

(b) the re-opening of the
street or part thereof in
the case of a street or
part of a street
temporarily closed or
closed for an indefinite
period;

(c) the completion of the
substantial alteration of
the street or part
thereof in the case of a
permanent alteration of
a street or part or a
street;

(d) the reinstatement of the
street or part thereof in
the case of temporary
substantial alteration of
a street or part of a
street or a substantial
alteration of a street or
part of a street for an
indefinite period.
(Replaced 68 of 1976
s. 3)

5. Loss sustained by the
extinguishment,
modification or
restriction of any
private right over
Government foreshore
or seabed under section
10. (Amended 29 of
1998 s. 59)



The amount which might
fairly and reasonably be
assessed as the pecuniary
loss of the claimant.

Any person in whom the
private right was vested at
the date of extinguishment,
modification or restriction
provided for under section
10(1)(d).

Before the expiration of 1
year from the date of
extinguishment,
modification or restriction
provided for under section
10(1)(d).

6. (a) Structural damage
to any building
resulting from the
construction or
operation of the
railway.

(a) (i) The amount which
is, or might be,
fairly and
reasonably incurred
in repairing the
damage.

(ii) The amount by
which the open
market value of the
land is, or would

(a) Any person owning a
compensatable interest
in the damaged
building.

(a) Before the expiration
of 6 years from the
date of the opening for
public traffic of that
portion of the railway
from which the
damage is alleged to
have resulted.



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 17

be, reduced as a
result of the
manner in which it
is necessary to
repair the damage.

(b) The loss due to
disturbance
resulting from
structural damage
mentioned in item
6(a).



(b) A disturbance payment. (b) Same as in item 6(a). (b) Same as in item 6(a).

7. (a) Damage to any land
or building
resulting from the
exercise of any
power contained in
section 12.

(a) (i) The amount which
is, or might be,
fairly and
reasonably incurred
in repairing the
damage.

(ii) The amount by
which the open
market value of the
land is, or would
be, reduced as a
result of the
manner in which it
is necessary to
repair the damage.

(a) Any person owning a
compensatable interest
in the damaged
building.

(a) Before the expiration
of 1 year from the date
of completion of the
work carried out under
section 12 from which
the damage or loss is
alleged to have
resulted.

(b) The loss due to
disturbance
resulting from the
exercise of any
power contained in
section 12.



(b) A disturbance payment. (b) Same as in item 7(a). (b) Same as in item 7(a).

8. The cost of altering the
course or position of
any apparatus and of
repairing any street
surface pursuant to a
notice served by the
Director under section
13.



The cost which is fairly and
reasonably incurred in
effecting such alteration and
repair.

The person on whom the
notice under section 13 is
served.

Before the expiration of 1
year from the completion of
the alteration and repair.

9. (a) The loss of value of
a building caused
by the removal,
under section 14, of
any object or
structure which was
erected and
maintained without
the contravention
of any Ordinance.

(a) The amount by which
the open market value
of the land is reduced.

(a) Any person owning a
compensatable interest
in the building on the
date of removal of the
object or structure.

(a) Before the expiration
of 1 year from the date
of removal.

(b) The cost of a
removal referred to

(b) The cost incurred in
moving the object or

(b) Any person who incurs
the cost.

(b) Same as in item 9(a).



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 18

in item 9(a). structure and making
good that part of the
building from which it
is removed.

(c) The cost of
reinstating an
object or structure
described in item
(a) above or of
replacing the same
with a similar
object or structure.

(c) The cost incurred in so
doing.

(c) Any person who incurs
the cost.

(c) Before the expiration
of 1 year from the date
of reinstatement or
replacement.

(d) The loss sustained
by the forfeiture
under section 14(5)
of an object or
structure which was
erected and
maintained without
the contravention
of any Ordinance
and is not to be
reinstated or
replaced with a
similar object or
structure at the
expense of the
Government under
item (c) above.
(Amended 29 of
1998 s. 59)



(d) The amount which
might fairly and
reasonably be estimated
as the loss of the
claimant.

(d) Any person owning a
share or interest in the
object or structure on
the date on which it is
removed under section
14(4).

(d) Before the expiration
of 1 year from the date
of removal.

10. The loss sustained on
account of the
withdrawal of any
approval or consent by
the Building Authority
under section 15.

The amount which might
fairly and reasonably be
estimated as the loss of the
claimant in respect of-

(a) the reduction of the
open market value
of land;

(b) materials, plant and
equipment;

(c) professional fees
and expenses
actually paid or
legally payable.

on account of the
withdrawal of approval or
consent.


The owner of the land
affected by the withdrawal
of approval or consent.

Before the expiration of 1
year from the date of
withdrawal.

11. The loss sustained on
account of the refusal
by the Building
Authority under section
15(1)(a) to consent to
the commencement of

The amount by which the
open market value of the
land is reduced on account
of the refusal.

The owner of the land. Before the expiration of 1
year from the date of the
refusal.



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 19

building works, because
the Building Authority
is of the opinion that the
building works would
be incompatible with
works or proposed or
likely works for the
construction of stages 1
to 6 and stage 8 of the
railway or the eastern
harbour crossing.
(Amended 66 of 1978 s.
7; 12 of 1981 s. 4; 6 of
1986 s. 5)

12. The cost of complying
with a plan amended, or
a condition imposed,
under section 15(1)(c),
in a case where the plan
shows piling works,
excavation works or
foundation works, to
avoid incompatibility of
such works with works
or proposed or likely
works for the
construction of stages 1
to 6 and stage 8 of the
railway or the eastern
harbour crossing.
(Amended 66 of 1978 s.
7; 12 of 1981 s. 4; 6 of
1986 s. 5)

Any additional cost incurred
in carrying out building
works which is attributable
solely to compliance with
the amendment required, or
condition imposed, under
section 15(1)(c).

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.

PART II

1. General effect of this Part


The provisions in this Part shall, where applicable, have effect for the purpose of assessing compensation under
Part I of this Schedule and shall-

(a) be in addition to such of the provisions of the Lands Resumption Ordinance (Cap 124) as apply, by
virtue of Part I, to the assessment of compensation; and (Amended 37 of 1982 s. 41; 29 of 1998 s. 59)

(b) prevail over any provision referred to in sub-paragraph (a) which is inconsistent or in conflict with a
provision in this Part.


2. Definitions applicable to Part I


In Part I-
"compensatable interest" (可獲補償權益) means the estate or interest of-

(a) a person having an unexpired term in land (including any further term which could be obtained as of
right) of not less than 1 month or a tenancy or sub-tenancy terminable (whether by virtue of an
Ordinance or otherwise) by either party by not less than 1 month's notice; (Amended L.N. 587 of
1995)

(b) a mortgagee in possession;



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 20

(c) the holder of a valid and subsisting option to purchase an interest referred to in (a) or (d);
(d) a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in

(a) or (c) has already passed;
"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 4(3); (Amended L.N. 180 of 1985; 29 of 1998 s. 59)
"disturbance" (騷擾) means the displacement of a person from land and the interruption of or interference with trade

or business, whether such displacement, interruption or interference is temporary or permanent;
"disturbance payment" (騷擾補償金) means a sum equal to-

(a) the financial loss naturally and reasonably resulting from the displacement of a person from land; and
(b) in the case of disturbance of a trade or business on any land, the financial loss naturally and reasonably

resulting from the disturbance of that trade or business;
"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. No account of increase or decrease in value attributable to the railway


In the assessment of compensation no account shall be taken of any increase or decrease in the value of land to
which, or to the building works on which, the compensation relates which is attributable to-

(a) the delineation thereof under section 3 as part of the railway area; or
(b) the construction or operation of the railway, including any damage for which compensation would

have been payable but for the operation of section 20(2).

4. (Repealed 37 of 1982 s. 41)

5. Refusal or reduction where Buildings Ordinance (Cap 123) contravened


Compensation may be refused or reduced in respect of any building or part thereof which has been constructed
or modified or on which building works have been carried out so as to amount to a contravention of the Buildings
Ordinance (Cap 123) being a contravention within the meaning of that Ordinance.

6. Compensation where damage results only partly from the railway


The compensation assessed under item 6 or 7 of Part I of this Schedule shall be reduced to such extent as the
Lands Tribunal thinks just and equitable having regard to the share in the responsibility for the loss or damage not
attributable to or connected with the railway.

(Amended 80 of 1997 s. 102)

7. No compensation under item 9(d) for loss of advertising


Where a sign advertising any business, product, service or activity is removed under section 14(4), nothing in
item 9(d) of Part I of this Schedule shall 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


If compensation under item 2, 3, 4, 5, 6, 7, 9, 10 or 11 of Part I of this Schedule has been paid in respect of the
reduction of value of land and such land or part thereof is subsequently resumed by the Government under this
Ordinance or any other enabling power, then notwithstanding paragraph 3 of this Part of this Schedule or any other
provision of law to the same or similar effect, the amount of that reduction in value shall be taken into account to
reduce the compensation for the resumption of that land to the extent that it was taken into account in the assessment
of compensation for the reduction in value thereof.

(Amended 29 of 1998 s. 59)



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 21


9. Claim by a mortgagee in possession


Where under this Ordinance a claim for compensation may be made by a mortgagee in possession-
(a) such claim may include compensation in respect of the whole interest which comprises the mortgage

security; and
(b) compensation received by a mortgagee in possession shall be applied by him as if it were proceeds of

sale of the mortgage security.

10. Avoidance of doubt


For the avoidance of doubt it is declared that where an interest in land has been resumed under section 4, the
assessment of compensation under items 1 and 3 of Part I of this Schedule shall not be affected by the fact that power
to resume that interest is not conferred by the Lands Resumption Ordinance (Cap 124). (Amended 29 of 1998 s. 59)

11. Limitation on compensation payable under item 12


Compensation shall be payable under item 12 of Part I of this Schedule only to the extent that the carrying out of
building works in accordance with a plan amended, or condition imposed, under section 15(1)(c) does not increase the
open market value of the land on which the building works are carried out.

12. Refusal of approval of plan in assessment of compensation


Where land is resumed following a notice given by the owner under section 15(3), no account shall be taken, in
the assessment of compensation therefor, of the refusal of approval of a plan which led to the giving of such notice.

Schedule: 2 AUTHORIZATION OF PUBLIC OFFICERS 30/06/1997


[section 29]


Section Public officer
6(5)

} 12(2)
Chief Building Surveyor. 12(5)

12(6)


13(1)


Chief Estate Surveyor.

14(1)


14(4)


Chief Building Surveyor

14(5)


21(3)

} 21(4)
21(5) Chief Estate Surveyor.



Cap 276 - MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE 22

21(6)
21(7)


28 Chief Estate Surveyor.

(Amended L.N. 94 of 1986; 8 of 1993 s. 25)

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