Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 1
Chapter: 372 KOWLOON-CANTON RAILWAY CORPORATION
ORDINANCE
Gazette Number Version Date
Long title L.N. 200 of 2007 02/12/2007
To establish a corporation to operate the Kowloon-Canton Railway, to vest in that corporation the assets of that
railway or other railways, to construct and operate the North-west Railway and other railways, to enable that
corporation to dispose of its property to, or grant its rights over its property and its other rights to, the MTR
Corporation Limited, to enable that corporation to own or take a lease of other railways, to make certain
provision as to the safe operation of railways, including provision for inspection and the investigation of
accidents, and for connected purposes.
(Amended 56 of 1986 s. 2; 13 of 1998 s. 2; 11 of 2007 s. 26)
[24 December 1982] L.N. 429 of 1982
(Originally 73 of 1982)
Part: I PRELIMINARY 30/06/1997
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Kowloon-Canton Railway Corporation Ordinance.
Section: 2 Interpretation L.N. 200 of 2007 02/12/2007
(1) In this Ordinance, unless the context otherwise requires- (Amended 56 of 1986 s. 3)
"appointed day" (指定日期) means the day appointed under section 7(1);
"bus" (巴士) has the same meaning as in the Road Traffic Ordinance (Cap 374); (Added 56 of 1986 s. 3)
"Chairman" (主席) means the Chairman of the Corporation appointed under section 3(2)(a); (Added 90 of 1990 s. 2)
"Chief Executive Officer" (行政總裁) means the Chief Executive Officer of the Corporation appointed under section
3(2)(b); (Added 31 of 2001 s. 2)
"Concession Period" (經營權有效期) means the period for which that part of the franchise relating to the railways
granted under section 4 of the Mass Transit Railway Ordinance (Cap 556) is in force, and any period for which
the whole or any part of such part of the franchise is suspended under that Ordinance; (Added 11 of 2007 s. 27)
"Corporation" (公司) means the Kowloon-Canton Railway Corporation established by section 3;
"Development Loan Fund" (發展貸款基金) means the fund established by resolution of the Legislative Council of
22 October 1958*;
"financial year" (財政年度) means-
(a) the period between the commencement of this Ordinance and 31 December 1983 (inclusive) and
thereafter;
(b) each succeeding period of 12 months ending on 31 December (inclusive);
"inspector" (督察) means a person appointed inspector under section 15;
"Kowloon-Canton Railway" (九廣鐵路 ) means the Kowloon-Canton Railway (Hong Kong section) and any
extension thereof approved under section 20; (Added 56 of 1986 s. 3)
"land" (土地) means immovable property;
"land held by the Government" (政府持有的土地) means land that is not subject to a right of occupation recognized
by law; (Amended 29 of 1998 s. 105)
"Merger Date" (合併日期) means the day appointed under section 2 of the Rail Merger Ordinance (11 of 2007);
(Added 11 of 2007 s. 27)
"MTR Corporation Limited" (香港鐵路有限公司) has the same meaning as in section 2(1) of the Mass Transit
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 2
Railway Ordinance (Cap 556); (Added 11 of 2007 s. 27)
"North-west Railway" (西北鐵路) means the light rail system serving Tuen Mun New Town and Yuen Long and any
extension thereof approved under section 20; (Added 56 of 1986 s. 3)
"North-west Transit Service Area" (西北鐵路服務範圍) means the area delineated and coloured red on the plan;
(Added 56 of 1986 s. 3)
"plan" (圖則), in relation to the boundaries of the North-west Transit Service Area, means-
(a) the plan numbered NT 94 signed by the Director of Lands and deposited in the Land Registry; and
(b) any new plan deposited in accordance with subsection (2); (Added 56 of 1986 s. 3. Amended 8 of
1993 s. 2; L.N. 291 of 1993)
"railway" (鐵路), except in the Second Schedule, means-
(a) the Kowloon-Canton Railway;
(b) the North-west Railway;
(c) any other railway the Corporation may construct and operate; or
(d) any railway (other than a railway referred to in paragraph (a), (b) or (c)) constructed by, leased to or
vested in the Corporation, (Added 11 of 2007 s. 27)
as the case may be; (Replaced 13 of 1998 s. 3. Amended 11 of 2007 s. 27)
"railway premises" (鐵路處所) include-
(a) all land belonging to the Corporation that is used for operational purposes of one or more of the
railways and all land and interests or other rights in respect of land that is vested in it pursuant to either
section 7 or 7A(1); (Replaced 13 of 1998 s. 3)
(b) all railway tracks, sidings or branches worked over for the purposes of or in connection with the
railways;
(c) all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant, equipment,
machinery, and other works, which belong to the Corporation, or are constructed for the purposes of or
in connection with, the railways;
(ca) the stops, terminuses and interchanges of the North-west Railway; (Added 56 of 1986 s. 3)
(cb) carparks that are-
(i) constructed in association with any of its railways; and
(ii) managed and controlled by the Corporation or a person appointed by the Corporation; (Added
13 of 1998 s. 3)
(d) all railway locomotives or other motive power, trains, rolling stock and vessels which are used for the
traffic of the railways and belong to the Corporation or are hired or worked by or by the authority of
the Corporation;
(e) all works connected with or for the purposes of the railways. (Amended 56 of 1986 s. 21; 13 of 1998
s. 3)
"railways" (有關鐵路) means-
(a) the Kowloon-Canton Railway;
(b) the North-west Railway; (Amended 11 of 2007 s. 27)
(c) any other railway the Corporation may construct and operate; and (Replaced 13 of 1998 s. 3.
Amended 11 of 2007 s. 27)
(d) any railway (other than a railway referred to in paragraph (a), (b) or (c)) constructed by, leased to or
vested in the Corporation; (Added 11 of 2007 s. 27)
"service concession" (服務經營權) means an arrangement under which the rights of the Corporation to have access to,
use or possess certain railways and certain other property for the operation of those railways or the operation of
bus services within the North-west Transit Service Area, are granted to the MTR Corporation Limited; (Added
11 of 2007 s. 27)
"Service Concession Agreement" (服務經營權協議) means any agreement entered into between the Corporation as
the grantor and the MTR Corporation Limited as the grantee (and with or without any other party) under which a
service concession is granted, and stated by its terms to be a Service Concession Agreement for the purposes of
this Ordinance or any agreement amending or supplementing such an agreement, as having effect from time to
time. (Added 11 of 2007 s. 27)
(2) The Chief Executive in Council may-
(a) during the Concession Period, upon being satisfied that the MTR Corporation Limited and the
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Corporation have been consulted about the variation; and
(b) at any other time, upon being satisfied that the Corporation has been consulted about the variation,
by order published in the Gazette require the Commissioner for Transport to vary the boundaries of the North-west
Transit Service Area in such manner as may be specified in the order. (Replaced 11 of 2007 s. 27)
(3) The Commissioner for Transport shall prepare a plan showing the variation required by the Chief
Executive in Council under subsection (2) and shall deposit that plan in the Land Registry; and upon such deposit the
boundaries of the North-west Transit Service Area shall be amended to the extent shown in the plan. (Added 56 of
1986 s. 3. Amended 8 of 1993 s. 2)
(Amended 62 of 1999 s. 3)
_______________________________________________________________________________
Note:
* Cap 2 sub. leg., 1983 R. Edition (now repealed, see L.N. 80 of 1990)
Part: II ESTABLISHMENT OF THE KOWLOON-CANTON
RAILWAY CORPORATION
30/06/1997
Section: 3 Corporation established L.N. 200 of 2007 02/12/2007
(1) There shall be established a public authority, to be called the Kowloon-Canton Railway Corporation, which
shall have such powers and duties as are conferred and imposed on it by, or by virtue of this Ordinance. (Amended 56
of 1986 s. 4)
(2) The Corporation shall consist of the following members- (Amended 31 of 2001 s. 3)
(a) a Chairman appointed by the Chief Executive;
(b) subject to subsection (2B), a Chief Executive Officer appointed by the Corporation, the appointment to
be made in the manner provided in paragraph 4 of the First Schedule; (Added 31 of 2001 s. 3.
Amended 11 of 2007 s. 28)
(c) not less than 4 nor more than 8 other members appointed by the Chief Executive,
and the members of the Corporation shall be the governing body thereof and shall comprise its managing board.
(Amended 62 of 1999 s. 3)
(2A) The functions of the Chairman and the Chief Executive Officer shall be the functions assigned to them by
this Ordinance and any functions that the Corporation may assign to them. (Replaced 31 of 2001 s. 3)
(2B) The office of the Chief Executive Officer may be left vacant during the Concession Period. (Added 11 of
2007 s. 28)
(2C) Where the office of the Chief Executive Officer is left vacant under subsection (2B), the managing board of
the Corporation shall consist of persons referred to in subsection (2)(a) and (c). (Added 11 of 2007 s. 28)
(3) The First Schedule shall have effect as respects the Corporation and the members thereof.
(4) For the removal of doubt it is declared that, save in so far as is inconsistent with the provisions of this
Ordinance, Part VII of the Interpretation and General Clauses Ordinance (Cap 1) shall apply in relation to the
Corporation and appointments thereto.
Section: 4 Powers of the Corporation L.N. 200 of 2007 02/12/2007
(1) The Corporation shall have power-
(a) to construct the North-west Railway and any other railway that the Secretary for Transport and
Housing authorizes the Corporation to construct; (Amended 13 of 1998 s. 4; L.N. 106 of 2002; L.N.
130 of 2007)
(b) to operate the railways for the use of the public;
(c) to extend and improve the railways;
(d) to operate bus services within the North-west Transit Service Area; (Amended 11 of 2007 s. 29)
(da) to grant a service concession; (Added 11 of 2007 s. 29)
(db) to dispose of its property under or in connection with the grant of a service concession by way of a
sale, lease, licence or otherwise; (Added 11 of 2007 s. 29)
(dc) to own or take a lease of certain railways; and (Added 11 of 2007 s. 29)
(e) to engage in such other activities, and perform such other functions, as the Chief Executive may, after
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consultation with the Corporation, permit or assign to it by order published in the Gazette. (Replaced
56 of 1986 s. 5. Amended 62 of 1999 s. 3)
(2) The powers conferred by subsection (1) shall include power-
(a) to enter into and carry out agreements with carriers outside Hong Kong for the through carriage of
goods and passengers under one contract or at a through charge or in the same vehicles or containers;
(b) to consign goods from any place in Hong Kong to any other place, whether in Hong Kong or
elsewhere;
(c) to store within Hong Kong goods which have been or are to be carried by the Corporation;
(d) to enter into and carry out agreements with any person for the carrying out by that person, whether as
agent for the Corporation or otherwise, of any of the activities which the Corporation may itself carry
on;
(e) to determine the fares payable by persons travelling on the railways and on bus services within the
North-west Transit Service Area and the charges made for the transportation and storage of goods and
for other services; (Amended 56 of 1986 s. 5)
(f) without derogation from the generality of subsection (1)(d), to operate bus or other motor vehicle
transport services to and from railway premises; (Replaced 56 of 1986 s. 5)
(g) to provide facilities for the purchase and consumption of food and drink, places of refreshment and
such other amenities and facilities as it may appear to the Corporation requisite or expedient to
provide;
(h) to do anything for the purposes of advancing the skill of persons employed by the Corporation or the
efficiency of the equipment of the Corporation or of the manner in which that equipment is operated,
including the provision by the Corporation, and the assistance of the provision by others, of facilities
for training, education and research;
(i) to turn its resources to account so far as not required for the purposes of its business;
(j) to provide benefits for the welfare of employees or former employees and their dependants;
(k) to invest any sums which are not immediately required by the Corporation for the purposes of its
business;
(l) to do all things which in the opinion of the Corporation are necessary to facilitate the proper carrying
out of the business of the Corporation.
(3) Any land held by the Corporation, whether vested in it by section 7 or 7A or acquired by it in any manner
howsoever, may be-
(a) improved, developed and altered by it; or
(b) alienated or otherwise made available to third parties,
in such manner and to such extent as the law would allow if the land were held by a natural person in the same interest
and, subject to such terms, conditions and reservations as the Director of Lands may impose under section 7A or, as
the case may be, Part II of the Second Schedule, no limitation on the powers of the Corporation contained in this
Ordinance shall prevent the Corporation from dealing with such land in such manner as it thinks fit or expending
moneys on the improvement, development or alteration of such land. (Amended 13 of 1998 s. 4)
(4) Each of the powers conferred on the Corporation by the foregoing provisions of this section shall be
deemed to be in addition to, and not in derogation of, any other powers so conferred; and it is hereby declared that the
provisions relate only to the capacity of the Corporation as a statutory corporation, and nothing in those provisions
shall be construed as authorizing the disregard by it of any enactment or rule of law.
(5) The specification of any power of the Corporation in the foregoing provisions of this section shall not be
construed as excluding any implied power the Corporation would have in the absence of such specification.
(6) The Corporation shall not be regarded as a common carrier in respect of its activities.
(7) The Corporation shall not exercise its powers under subsection (1)(a), (b), (c) and (d) during the Concession
Period. (Added 11 of 2007 s. 29)
(8) Subsection (7) does not apply where the franchise granted to the MTR Corporation Limited under section 4
of the Mass Transit Railway Ordinance (Cap 556), or any part of it relating to those railways covered by a service
concession, is suspended under that Ordinance. (Added 11 of 2007 s. 29)
(9) Notwithstanding subsection (7), where the Corporation has begun the construction of any railway before the
Merger Date and the construction is not completed before the Merger Date, the Corporation may exercise any of its
powers under this section for the purpose of the construction of that railway until-
(a) the construction is completed; and
(b) the rights to have access to, use or possess that railway is granted by way of a service concession.
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 5
(Added 11 of 2007 s. 29)
Section: 5 General duty of the Corporation 30/06/1997
(1) It shall be the duty of the Corporation (consistently with any directions given it under the following
provisions of this Part) in exercising its powers to have regard to-
(a) the reasonable requirements of the public transport system of Hong Kong; and
(b) efficiency, economy and safety of operation as respect the services and facilities provided by it.
(2) Nothing in this section shall be construed as imposing on the Corporation, either directly or indirectly, any
form of duty or liability enforceable by proceedings before any court.
Section: 6 Powers of the Chief Executive in Council in relation to the
Corporation
62 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
(1) The Chief Executive in Council may, if he considers the public interest so requires, give a direction in
writing of a general or specific character to the Corporation and no limitation on the powers of the Corporation
contained in this Ordinance shall prevent the Corporation from acting in accordance with the direction:
Provided that if any direction under this subsection requires the Corporation to act contrary to prudent
commercial principles the Corporation shall be entitled to reasonable compensation from the Government in respect
thereof.
(2) The Corporation shall, in such manner and at such times as the Chief Executive may require, furnish him
with such information as-
(a) he may specify; and
(b) the Corporation has or can reasonably be expected to obtain,
with respect to such matters relating to the Corporation or its activities (past, present or future), plans or properties as
the Chief Executive may specify and shall afford him facilities for the verification of information so furnished.
(Amended 62 of 1999 s. 3)
Section: 6A Attendance at the Legislative Council 31 of 2001 24/12/2001
The committees and subcommittees of the Legislative Council may request the Chairman and the Chief
Executive Officer to attend its meetings and they shall comply. The Chairman and the Chief Executive Officer shall
answer questions raised by the Members of the Legislative Council at the meetings.
(Added 31 of 2001 s. 4)
Section: 7 Vesting of assets of the Kowloon-Canton Railway in the
Corporation
30/06/1997
(1) There shall be vested in the Corporation upon a day to be appointed* by the Governor by notice in the
Gazette the land described in Part I of the Second Schedule for the interest specified therein upon the terms and
conditions and subject to the reservations set out in Part II of that Schedule, and the supplementary provisions of Part
III of that Schedule shall apply in relation thereto.
(2) Subject to the following provisions of this section there shall be vested in the Corporation upon the
appointed day all the property, rights and liabilities which, immediately before that day, were comprised in the
undertaking of the Kowloon-Canton Railway: (Amended 56 of 1986 s. 6)
Provided nothing in this subsection shall apply to any interest in land vested in the Corporation under subsection
(1) as read with the Second Schedule.
(3) At any time before the appointed day the Secretary for Transport and the Corporation may agree in writing
that subsection (2) shall not have effect in relation to any property, rights and liabilities specified in the agreement.
(4) Subsection (2) shall not have effect in relation to-
(a) any contract of employment; or
(b) any contract for the electrification or modernization of the Kowloon-Canton Railway; or (Amended
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56 of 1986 s. 6)
(c) any tenancy or licence granted by the Government in respect of any land which if granted after the
appointed day, could have been granted by it by virtue of the rights reserved to it by Part II of the
Second Schedule.
(5) The Third Schedule shall apply to property, rights and liabilities vested under subsection (2).
(6) There shall be vested in the Corporation upon the deposit, in accordance with paragraph 1 of the Fifth
Schedule, of the plans referred to in that Schedule in the Land Registry, the land described in Part I of the Fifth
Schedule for the interest specified therein upon the terms and conditions and subject to the reservations set out in Part
II of that Schedule; and the supplementary provisions of Part III of that Schedule shall apply in relation thereto.
(Added 56 of 1986 s. 6. Amended 8 of 1993 s. 2)
(7) The Director of Lands shall give notice in the Gazette of the deposit in the Land Registry of the plans
referred to in the Fifth Schedule. (Added 56 of 1986 s. 6. Amended 8 of 1993 s. 2; L.N. 291 of 1993)
____________________________________________________________
Note:
* The Acting Governor has appointed 1 February 1983 as the appointed day-L.N. 30 of 1983.
Section: 7A Vesting of land in the Corporation 13 of 1998 03/04/1998
(1) Notwithstanding section 7, where the Director of Lands is satisfied that it is necessary for the operational
purposes of one or more of the railways, he may for such purposes vest in the Corporation land or interests or other
rights in respect of land, subject to such terms, conditions and reservations as he may determine.
(2) The vesting shall take effect upon the Director's depositing in the Land Registry a plan signed by him
showing the land or interests or other rights in respect of land being vested.
(3) The Director shall, by notice in the Gazette, publish a statement that a plan has been deposited in the Land
Registry pursuant to the vesting of land or interests or other rights in respect of land under this section.
(4) Where-
(a) land or an interest or other right in respect of land has, under subsection (1), been vested in the
Corporation for the operational purposes of one or more of the railways; and
(b) the Corporation wishes to use the land or interest or right for a different purpose,
the Corporation may request, in writing, that the Director consent to the proposed change, and the Director may, in
giving his consent, impose such terms, conditions and reservations as he thinks fit, including requiring the Corporation
to pay a premium.
(Added 13 of 1998 s. 5)
Section: 7B Land no longer required by the Corporation 13 of 1998 03/04/1998
(1) Notwithstanding section 7 but without prejudice to section 7A(4), where-
(a) the Director of Lands and the Corporation agree; or
(b) the Director of Lands, in the absence of such agreement, is satisfied,
that land or any interest or other right in respect of land that has been vested in the Corporation is no longer required
for the operational purposes of one or more of the railways, he may divest such land or extinguish such interest or
other right, and section 7A(2) and (3) shall apply to such divesting or extinguishing with the necessary changes.
(2) Where land is divested or any interest or other right in respect of land is extinguished under this section, the
Corporation shall, at its expense-
(a) discharge all encumbrances and shall pay all relevant fees, costs and charges which may be levied in
respect of such divesting or extinguishing;
(b) remove all buildings and structures and thereafter either reinstate the land to its former condition to the
satisfaction of the Director or put the land in such other condition as the Director may specify.
(3) Upon the divesting of land or the extinguishing of any interest or other right in respect of land, the
Government shall have full power to deal with such land as it deems fit, free of all rights or claims on the part of the
Corporation.
(4) For the avoidance of doubt, it is hereby declared that the Corporation has the duty to notify the Director of
any land or any interest or other right in respect of land to which this section may apply.
(Added 13 of 1998 s. 5)
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Part: III FINANCIAL 13 of 1998 03/04/1998
(Part III replaced 13 of 1998 s. 6)
Section: 8 Capital of Corporation 13 of 1998 03/04/1998
(1) The authorized capital of the Corporation shall be an amount specified by the Financial Secretary under
subsection (2) and shall be divided into shares of $100000 each.
(2) The Financial Secretary shall, on the day this section comes into operation, specify the amount of
authorized capital of the Corporation based on the book value of all assets vested in the Corporation, rounded to the
nearest $100000, and shall publish a notice in the Gazette specifying such amount.
(3) The Financial Secretary may, after consulting the Corporation, increase the authorized capital of the
Corporation by order published in the Gazette.
(4) Shares in the authorized capital of the Corporation shall be allotted to the Government at par as required in
writing by the Financial Secretary.
(5) All shares allotted to the Government under this section shall be registered in the books of the Corporation
in the name of The Financial Secretary Incorporated and held by him in trust on behalf of the Government.
(6) The Corporation shall not issue shares otherwise than under this section.
(Replaced 13 of 1998 s. 6)
Section: 9 Power to borrow and to issue stock etc. 13 of 1998 03/04/1998
(1) Subject to subsection (3) the Corporation may, in any currency and on such terms and conditions as it
thinks fit-
(a) borrow or otherwise raise money and charge all or any part of its property as security therefor;
(b) create and issue bonds, notes or other securities which may be charged on the property, undertaking
and revenue of the Corporation or any part thereof.
(2) In exercise of the powers conferred by section 4 and subsection (1)(a) the Corporation may purchase
property under an agreement providing for the payment of the whole or part of the purchase price by instalments.
(3) The powers conferred by subsection (1) may be exercised to provide the Corporation with such sums or
credits as it may require for-
(a) carrying out the purposes referred to in section 4;
(b) repaying money previously borrowed by it therefor and interest, premium or other charge on such
money;
(c) repaying sums due to the Government.
(Replaced 13 of 1998 s. 6)
Section: 10 Power to enter into other financial transactions 13 of 1998 03/04/1998
(1) The Corporation may enter into any agreement or arrangement in connection with its financial affairs,
including any agreement or arrangement for reducing or compensating for any financial risk, on such terms and
conditions as it thinks fit, as if it were a natural person of full age and capacity.
(2) To facilitate an exercise of the power referred to in subsection (1), the Corporation may promote the
formation of an incorporated company as a subsidiary in any territory or jurisdiction.
(Replaced 13 of 1998 s. 6)
Section: 11 Guarantee by Government 13 of 1998 03/04/1998
(1) The Financial Secretary may on behalf of the Government, in such manner and on such conditions as he
thinks fit, guarantee the repayment of the principal of, the payment of interest on, and the discharge of any other
financial obligation in connection with, any sums borrowed by the Corporation up to $500000000 or such greater
amount as the Legislative Council may, from time to time, by resolution, approve.
(2) Any sum required for fulfilling a guarantee given under this section shall be charged on and issued out of
general revenue.
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 8
(3) Where any sum is so issued for fulfilling any such guarantee the Corporation shall make to the Government,
at such time and in such manner as the Financial Secretary may from time to time direct, payments of such amounts as
the Financial Secretary may direct in or towards repayment of that sum and payments of interest on the amount
outstanding for the time being in respect of that sum, at such rate as the Financial Secretary may so direct.
(4) Any sums received by the Government in pursuance of subsection (3) shall be paid into general revenue.
(Replaced 13 of 1998 s. 6)
Section: 11A (Repealed 13 of 1998 s. 6) 13 of 1998 03/04/1998
Section: 12 Corporation to act on commercial principles 13 of 1998 03/04/1998
(1) The Corporation shall conduct its business according to prudent commercial principles and shall ensure as
far as possible that, taking one year with another, its revenue is at least sufficient to meet its expenditure.
(2) Subject to the provisions of sections 13 and 14, the profits of the Corporation in any financial year shall be
applied by it in such manner as it may, with the prior approval of the Financial Secretary, think fit, being a manner
consistent with this Ordinance.
(3) For the purpose of this section and sections 13 and 14, the profits of the Corporation in any financial year
are the excess of revenue of the Corporation over the total sum required by it-
(a) to meet the total outgoings of the Corporation properly chargeable to revenue account; and
(b) to enable the Corporation to make such provision for depreciation and renewal of capital assets, bad
debts and other purposes, being provision properly chargeable to revenue account, as it may
reasonably consider adequate.
(Replaced 13 of 1998 s. 6)
Section: 13 Reserve funds 13 of 1998 03/04/1998
(1) Subject to subsection (2), the Corporation may establish any general or special reserve fund and carry to the
credit thereof such sums as it thinks fit and expend the same in any way consistent with this Ordinance.
(2) The Corporation shall not exercise its powers under subsection (1) except with the prior approval of the
Financial Secretary and shall, where the Financial Secretary after consultation with the Corporation so directs-
(a) carry the whole or part of the profits of the Corporation in any financial year to the credit of such
general or special reserve fund as the Financial Secretary shall approve; or
(b) pay the whole or part of any sum standing to the credit of any such reserve fund into the general
revenue.
(Replaced 13 of 1998 s. 6)
Section: 14 Dividends 13 of 1998 03/04/1998
(1) Subject to subsection (2), the Corporation may declare and pay dividends to the Government on the shares
allotted to it under section 8 in the amount of the whole or part of the profits of the Corporation in any financial year.
(2) The Financial Secretary may, after consultation with the Corporation, and after taking into account the loan
obligations and other debt of the Corporation, direct the Corporation to declare a dividend in the amount of the whole
or part of the profits of the Corporation in any financial year after making allowance for-
(a) any sums carried to the credit of a reserve fund under section 13; and
(b) any accumulated loss disclosed in the balance sheet of the Corporation at the end of the financial year
prior to the year in which the dividend is declared.
(3) Any dividend declared under this section shall be paid into general revenue.
(4) No dividend shall bear interest against the Corporation.
(5) Where a direction is given under this section, the Corporation shall comply with the direction and such a
direction may require the moneys payable on account of the relevant dividend to be paid within a period and in a
manner so specified in the direction.
(Replaced 13 of 1998 s. 6)
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 9
Section: 14A Investment 13 of 1998 03/04/1998
Any moneys of the Corporation available for investment may be invested by it in such forms of investment as
the Financial Secretary may in writing approve.
(Added 13 of 1998 s. 6)
Section: 14B Accounts, audit and annual report 13 of 1998 03/04/1998
(1) The Corporation shall keep proper accounts and proper records in relation thereto and shall within 4 months
after the expiry of a financial year prepare accounts showing fully its financial position and financial transactions for
that year.
(2) Every statement of accounts prepared by the Corporation under this section shall conform to proper
commercial standards.
(3) The accounts of the Corporation shall be audited and the auditor shall make a written report thereon to the
Corporation.
(4) The auditor shall be appointed by the Chief Executive after consultation with the Corporation.
(5) The Corporation shall within 3 months of the receipt by it of the auditor's report in respect of its accounts
for a financial year furnish-
(a) a report on the affairs of the Corporation for that year;
(b) a copy of its account therefor; and
(c) the auditor's report on the accounts,
to the Financial Secretary who shall table the same in the Legislative Council.
(Added 13 of 1998 s. 6)
Part: IV SAFETY OF RAILWAYS* (Suspended) L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this part is suspended during the Concession Period referred to in
section 2(1), for details please see section 40.
_____________________________________________________________________
Note:
* (Amended 56 of 1986 s. 9)
Section: 15 Appointment of inspectors (Suspended) L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
(1) The Chief Executive may in writing appoint any person to be an inspector for the purposes of this Part.
(Amended 62 of 1999 s. 3)
(2) An inspector who is not a public officer may be paid, as a fee for his services, such amount as the Financial
Secretary thinks fit, and that amount shall be paid out of moneys provided for the purpose by the Legislative Council.
(3) The powers conferred by section 16 or by regulations made under section 30 shall be exercised by an
inspector only-
(a) for the purpose of ensuring the safety of the railways or any part thereof; or
(b) when an inspector is directed to do so pursuant to such regulations, for the purpose of investigating an
accident on any part of the railways. (Amended 56 of 1986 s. 21)
(4) On the occasion of the exercise of any power, an inspector shall produce evidence of his identity, and of his
appointment, to any person who requests him to do so.
(5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his
powers.
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 10
Section: 16 General powers of inspectors (Suspended) L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
(1) An inspector may-
(a) at all reasonable times enter upon premises to which this subsection applies;
(b) carry out on premises to which this subsection applies, or on any machinery, plant or equipment
thereon, such tests and inspections as he considers expedient;
(c) require any person to whom this subsection applies-
(i) to do anything which the inspector reasonably considers to be necessary for facilitating any test
or inspection;
(ii) to provide the inspector with such information relating to one or more of the railways or any
machinery, plant or equipment connected with one or more of the railways as the inspector may
specify, and to answer any question or produce for inspection any document which is necessary
for that purpose; (Amended 56 of 1986 s. 21; 13 of 1998 s. 7)
(d) take copies of any document produced to him pursuant to paragraph (c)(ii).
(2) Subsection (1) applies to-
(a) the railway premises and the premises of any contractor or subcontractor who is carrying out or has
carried out any work on one or more of the railways; (Amended 56 of 1986 s. 21; 13 of 1998 s. 7)
(b) any employee of the Corporation, any contractor or subcontractor mentioned in paragraph (a) and any
employee of such a contractor or subcontractor.
(3) Any person who-
(a) without lawful excuse, fails to comply with a requirement under subsection (1)(c);
(b) knowingly furnishes to an inspector acting under subsection (1)(c) information that is false or
misleading in a material particular;
(c) obstructs an inspector in the exercise of his powers under subsection (1),
commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months.
(4) Where a person is charged with contravening the provisions of subsection (3), it shall not be a defence to
the charge that compliance with a requirement under subsection (1)(c) would tend to expose that person to any other
proceedings for a criminal offence; but nothing done in compliance with a requirement under subsection (1)(c) shall
be admissible in evidence in such other proceedings.
Section: 17 Chief Secretary for Administration may order that defects
be remedied (Suspended)
L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
(1) Where in the opinion of the Chief Secretary for Administration-
(a) the condition of any part of the railways which has been brought into operation or of any machinery,
plant or equipment of such part;
(b) the manner in which the railways or any part thereof is being operated, (Amended 13 of 1998 s. 8)
is such as to cause, or to be likely to cause, a risk of injury to any person, the Chief Secretary for Administration may
direct the Corporation to carry out such work, or to take such steps, as he may specify in the order to ensure that the
condition of the railway, or of the part or the machinery, plant or equipment in question, or the manner of operation
will cease to constitute such a risk. (Amended 56 of 1986 s. 21; L.N. 362 of 1997)
(2) A direction under subsection (1) may specify the time before which the Corporation shall commence to
carry out the specified work or take the specified steps and the time by which the same shall be completed.
(3) If the Corporation fails without reasonable excuse to comply with a direction under this section the
Corporation commits an offence and is liable to a fine of $100000 and to a further fine of $10000 for each day during
which it is proved to the Court that the failure to comply with the order has continued without reasonable excuse.
(4) A copy of a document which purports to be a direction signed by the Chief Secretary for Administration for
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 11
the purposes of subsection (1)-
(a) shall be admitted in evidence in proceedings for an offence under subsection (3) on its production
without further proof; and
(b) shall be sufficient evidence of the opinion of the Chief Secretary for Administration and of the other
matter contained therein. (Amended L.N. 362 of 1997)
Section: 18 Offence of negligent act or omission by employee
(Suspended)
L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
(1) An employee of the Corporation commits an offence if, in connection with his duty, he negligently does or
omits to do anything in relation to the condition or operation of any part of the railways after that part has come into
public use, and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be
endangered. (Amended 56 of 1986 s. 21; 13 of 1998 s. 8)
(2) An employee who commits an offence under subsection (1) is liable to a fine of $5000 and to imprisonment
for 6 months.
(3) For the purposes of subsection (1) negligence is the failure to exercise such care or skill as a reasonable
employee in the situation would exercise.
Section: 19 Offence of wilfully endangering safety (Suspended) L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
(1) A person commits an offence if he wilfully does or omits to do anything in relation to one or more of the
railways and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be
endangered. (Amended 56 of 1986 s. 21; 13 of 1998 s. 7)
(2) A person who commits an offence under subsection (1) is liable to a fine of $5000 and to imprisonment for
6 months.
Part: V EXTENSIONS TO THE RAILWAYS, POWERS OF
ENTRY ETC.*
30/06/1997
_____________________________________________________________________
Note:
* (Amended 56 of 1986 s. 9)
Section: 20 Power to construct extensions to the railways 13 of 1998 03/04/1998
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
The Corporation shall not extend the railways by the construction of lines, otherwise than by way of relaying
existing lines, without the approval of the Chief Executive in Council.
(Amended 56 of 1986 s. 21; 13 of 1998 s. 8; 62 of 1999 s. 3)
Section: 21 Power to execute work 13 of 1998 03/04/1998
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 12
(1) For the purpose of carrying out any work authorized under section 4(1)(a) or under section 20, the
Corporation may- (Amended 56 of 1986 s. 10)
(a) construct lines of railway and all other apparatus and works for and incidental to the purposes of one or
more of the railways;
(b) construct apparatus and works for the supply of electricity or any other power or fuel for the purposes
of one or more of the railways;
(c) alter the natural or artificial features of any land for the purpose of the more convenient construction or
operation of one or more of the railways;
(d) do any work under the surface of the land adjoining one or more of the railways for the purpose of
conveying water or electricity to or from one or more of the railways;
(e) construct buildings, structures, machinery and other devices for or incidental to the purposes of one or
more of the railways; and
(f) do all other acts incidental to the construction, maintenance, alteration, repair or use of one or more of
the railways. (Amended 56 of 1986 s. 21; 13 of 1998 s. 7)
(2) Where the exercise of any power under this section is likely to interfere, permanently and substantially,
with the use and enjoyment of any land, that power shall be exercised only in relation to land held by the Government.
(Amended 29 of 1998 s. 105)
Section: 22 Alteration of pipes, wires and drains 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
The Corporation may, for the purpose of exercising the powers conferred on it by this Part, alter the level or
position of any pipe, conduit, drain, electric wire, or post in or on any land not held by the Government: (Amended 29
of 1998 s. 105)
Provided that it shall give reasonable notice of its intention to do so to the person having the right to occupy the
land and shall execute the work to the reasonable satisfaction of that person
Section: 23 Maintenance of crossings, bridges, arches, culverts, etc.
(Suspended)
L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
The Corporation shall construct and maintain for the use of the occupiers of land not held by the Government
and adjoining the railway- (Amended 29 of 1998 s. 105)
(a) crossings of the railway for the purpose of making good any use of the land enjoyed before the railway
was constructed or as nearly as is reasonably practicable; and
(b) works for the purpose of conveying water from or to the land as freely as before the construction of the
railway or as nearly as is reasonably practicable:
Provided that the Corporation shall not be obliged under this section to do anything-
(i) in such a manner as would prevent or inconvenience the use of the railway; or
(ii) in respect to which the person, whose right to occupy the land has been prejudiced, made no objection
or claim during the time of the construction of that part of the railway affecting that land or has
accepted compensation; or
(iii) where, after the construction of that part of the railway adjoining any land, a natural or artificial feature
of that land is altered by any event outside the control of the Corporation and the Corporation has done
all that is required of it under this section before that alteration took place.
(Amended 56 of 1986 s. 21; 13 of 1998 s. 9)
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 13
Section: 24 The Kowloon-Canton Railway deemed to have been
constructed under this Part
30/06/1997
For the purposes of this Part the Kowloon-Canton Railway as existing immediately prior to the appointed day or
as reconstructed in accordance with the scheme referred to in section 10(1)(c) shall be deemed to have been
constructed under this Part and, in relation to any time before the appointed day, any reference to the Corporation shall
be construed as a reference to the Government or, as the case may be, the General Manager of the Kowloon-Canton
Railway.
(Amended 56 of 1986 s. 11)
Section: 25 Opening of extensions (Suspended) L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
(1) No new railway or any extension to the railways shall be opened for the carriage of goods or passengers
until the Corporation has certified in writing to the Chief Executive that the person appointed under subsection (2) has
made a careful inspection of the new railway or, as the case may be, extension and, in the opinion of such person and
in the opinion of the Corporation, the new railway or the extension is in a safe and sound condition and can be opened
for the carriage of goods or, as the case may be, passengers. (Amended 56 of 1986 s. 12)
(2) The Chief Executive may in writing appoint any person for the purposes of this section who may be paid, as
a fee for his services, such amount as the Financial Secretary thinks fit, and that amount shall be paid out of moneys
provided for the purpose by the Legislative Council.
(3) A person appointed for the purposes of this section shall have the powers of an inspector conferred by
section 16 or by regulations made under section 30 and such powers may, notwithstanding the provisions of section
15(3), be exercised for the purpose of inspecting the new railway or the extension in order to express an opinion
thereon for the purposes of this section; and sections 15(4) and 15(5) shall apply in relation thereto. (Amended 56 of
1986 s. 12)
(Amended 62 of 1999 s. 3)
Section: 26 Power to enter lands 29 of 1998; 62 of
1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 1999 s. 3
(1) The Chief Executive may authorize the Corporation, in case of any slip or other accident happening or
being apprehended to any cutting, embankment or other work under its control, to enter upon any land not held by the
Government and adjoining the railway, for the purpose of repairing or preventing the accident, and to do all such
works as may be necessary for that purpose. (Amended 29 of 1998 s. 105)
(2) In a case of urgency the Corporation may enter upon the land and do the works mentioned in subsection (1)
without the authority of the Chief Executive, but it shall, within 72 hours after such entry, make a report to the Chief
Executive specifying the nature of the happening and of the works necessary to be done, and the power of the
Corporation under this subsection shall cease if the Chief Executive considers that the exercise of the power is not
necessary for the public safety.
(Amended 62 of 1999 s. 3)
Section: 27 Removal of trees 13 of 1998 03/04/1998
(1) Where a tree is situated so that it-
(a) would obstruct the operation of the railway; or (Amended 13 of 1998 s. 9)
(b) conceals or partially conceals a fixed signal from any point on the line of rail,
the Corporation may remove the tree or any part thereof and enter upon any land adjacent to railway premises for the
purpose. (Amended 56 of 1986 s. 21)
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 14
(2) No claim shall arise out of the removal of any tree or part thereof under this section.
Section: 28 (Repealed 13 of 1998 s. 10) 13 of 1998 03/04/1998
Section: 29 Claims for compensation 13 of 1998 03/04/1998
(1) Except as provided in subsection (2), no person shall have any right against the Corporation or any other
person for any compensation, loss or damage in respect of any land or the use of any land and arising from any work
carried out under this Part in connection with the railway or the use of the railway. (Amended 56 of 1986 s. 21; 13 of
1998 s. 9)
(2) Subject to subsection (4), any person who suffers any injury to any private right in respect of any interest in
any land adjoining the railway and which directly arises from any work carried out under this Part in connection with
the railway may submit a claim for compensation to the Corporation in respect of any actual loss fairly and reasonably
arising from that injury. (Amended 56 of 1986 s. 21; 13 of 1998 s. 9)
(3) Subject to subsection (4), after the expiry of 3 months from the date of the submission of his claim to the
Corporation, the claimant may, if the claim has not been agreed, submit his claim to the Lands Tribunal for
determination and, for this purpose, the Lands Tribunal shall have jurisdiction to determine the claim under the Lands
Tribunal Ordinance (Cap 17).
(4) No claim for compensation shall be brought after the expiration of 3 years from the date on which the injury
on which the claim is founded was suffered.
Part: VI REGULATIONS AND BY-LAWS 30/06/1997
Section: 30 Regulations L.N. 200 of 2007 02/12/2007
(1) The Secretary for Transport and Housing may make regulations for all or any of the following purposes-
(Amended 13 of 1998 s. 11; L.N. 106 of 2002; L.N. 130 of 2007)
(a) controlling and regulating the maintenance and operation of the railways and, without derogating from
the generality of the foregoing, providing for safe systems of operation; (Amended 56 of 1986 s. 14)
(b) the notification of accidents and other events;
(c) the investigation of accidents;
(d) records to be kept and notices to be displayed;
(e) the preparation of operating manuals and practices to be adopted in relation thereto;
(f) the safety of persons using or engaged in work on the railways; (Amended 56 of 1986 s. 14)
(g) the determination of maximum loads and markings in relation thereto;
(h) the provision of adequate signs and destination indicators on buses used by the Corporation; (Added
56 of 1986 s. 14)
(i) requiring the Corporation to submit to the Commissioner for Transport, at such times and in such
manner as may be specified in the regulations, a programme of the future operations or plans of the
Corporation for its rail and bus services within the North-west Transit Service Area for such period as
may be so specified, including, without derogation from the generality of the foregoing, routes to be
operated, frequency of service and vehicle allocation to those routes; (Added 56 of 1986 s. 14)
(j) regulating, in relation to the drivers of buses used by the Corporation-
(i) the maximum number of hours during which any such driver may be permitted to drive a bus;
and
(ii) the intervals to be provided by the Corporation for the rest and refreshment of drivers, in any
period specified by the regulations; (Added 56 of 1986 s. 14)
(ja) the designation of bus stops and the erection of appropriate signs and notices thereon; (Added 45 of
1987 s. 2)
(jb) the designation of stopping places for light rail vehicles operated on the North-west Railway and the
erection of appropriate signs and notices thereon; (Added 45 of 1987 s. 2)
(k) generally for effectively carrying out the provisions of this Ordinance. (Amended 56 of 1986 s. 14)
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 15
(2) Regulations made under subsection (1) may, in relation to the investigation of accidents-
(a) confer powers upon inspectors to compel the giving of information concerning accidents including
power to summon a person to attend before him for the purpose;
(b) make provision for the payment of persons so summoned;
(c) provide that failure to comply with summons or requirement made by an inspector, or the obstruction
of an inspector, or the giving of false or misleading information shall be an offence.
(3) No information supplied by any person to an inspector under regulations made under this section shall be
admissible in evidence in any criminal proceedings other than proceedings for a contravention of any provision of
such regulations relating to the giving of, or failure to give, such information.
(4) Regulations under subsection (1) may be made so as to apply to one or more of the railways, and different
provision may be made for each railway. (Added 56 of 1986 s. 14. Amended 13 of 1998 s. 11)
(5) Regulations made under subsection (1) may make provision for the suspension of the operation of any such
regulation during the Concession Period. (Added 11 of 2007 s. 30)
(6) Where regulations are made under subsection (1) to provide for the suspension of the operation of any
regulation made under that subsection, they may include such incidental, consequential, supplemental, transitional or
saving provisions as may be necessary or expedient in consequence of those regulations. (Added 11 of 2007 s. 30)
Section: 31 By-laws L.N. 200 of 2007 02/12/2007
(1) The Corporation may, under its common seal, make by-laws not inconsistent with this Ordinance or
regulations made under section 30 for all or any of the following purposes-
(a) the carriage of passengers and all connected matters including the circumstances in which
concessionary fares may be paid and exemptions from the payment of fares;
(aa) regulating vehicles and the conduct of persons in carparks referred to in paragraph (cb) of the
definition of "railway premises" and charging for the use thereof; (Added 13 of 1998 s. 12)
(b) the conditions under which tickets shall be issued, including conditions for the examination and search,
for the purpose of enforcing any enactment in force in Hong Kong or for customs purposes, of the
person, baggage or goods of passengers travelling on the Kowloon-Canton Railway to or from a place
in Hong Kong from or to a destination in another part of China; (Amended 56 of 1986 s. 15; 62 of
1999 s. 3)
(c) a system for securing or evidencing the payment of fares by passengers travelling, or rates for animals
or goods carried, on the railways; (Amended 56 of 1986 s. 15)
(d) the imposing of a surcharge where a person travels, or animals or goods are carried, on the railways
without payment of the proper fare or rate or on failure to produce evidence of such payment;
(Amended 56 of 1986 s. 15)
(e) the safety of person using or engaged in work on the railways; (Amended 56 of 1986 s. 15)
(f) the custody, forfeiture and disposal of unclaimed property found on the railways; (Amended 56 of
1986 s. 15)
(g) the receipt, transportation and delivery of goods to be carried over the railways and all connected
matters, together with the restrictions to be placed upon dangerous and offensive, perishable or fragile
goods, or other classes of goods; (Amended 56 of 1986 s. 15)
(h) the terms upon which any goods or class of goods will be received for carriage by the Corporation or
stored by them including limitations on the liability of the Corporation in respect thereof;
(i) the receipt, transport and delivery of animals over the railways, and the terms upon which they will be
received for carriage by the railways and the restrictions placed upon such carriage; (Amended 56 of
1986 s. 15)
(j) the control of persons, vehicles and animals while on the railways; (Amended 56 of 1986 s. 15)
(k) the powers and duties of railway employees;
(l) controlling and regulating advertising on railway premises; (m) protecting the property of the
Corporation on railway premises;
(n) preventing the erection of unauthorized buildings or structures on railway premises and enabling the
Corporation to remove or require the removal of such buildings or structures;
(o) to control access to certain areas of the railway premises by-
(i) restricting access by the public or by any person to any part of the railway premises, and the days
and times of admission thereto;
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 16
(ii) issuing permits for access to any restricted area of the railway premises and the fees payable in
respect of such permits;
(iii) exempting, by notice in writing and subject to such conditions as the Chief Executive Officer
may impose, any person or class of person from all or any of the requirements of any by-law
regarding entry into a restricted area; (Amended 90 of 1990 s. 4; 31 of 2001 s. 5)
(iv) empowering the Chief Executive Officer to prepare and certify a plan delineating or describing
any part or parts of the railway premises as a restricted area; (Amended 90 of 1990 s. 4; 31 of
2001 s. 5)
(p) such other purposes as may be necessary to carry out effectively the provisions of this Ordinance.
(2) All by-laws made under subsection (1) shall be subject to the approval of the Legislative Council.
(3) The Corporation shall cause printed copies of all by-laws made under subsection (1) to be kept at its
principal office and to be available for sale to any person at a reasonable cost.
(4) By-laws under subsection (1) may be made so as to apply to one or more of the railways, and different
provision may be made for each railway. (Added 56 of 1986 s. 15. Amended 13 of 1998 s. 12)
(5) Where the Corporation operates any bus service within the North-west Transit Service Area, the power to
make by-laws under subsection (1) shall extend to making by-laws for the purposes of that bus service for any of the
matters specified in that subsection as if that service were a railway:
Provided that nothing in this subsection shall have the effect of deeming premises used in the operation of such a
bus service to be railway premises for the purposes of subsection (1)(n) or (o). (Added 56 of 1986 s. 15)
(6) By-laws made under subsection (1) may make provision for the suspension of the operation of any such by-
law during the Concession Period. (Added 11 of 2007 s. 31)
(7) Where by-laws are made under subsection (1) to provide for the suspension of the operation of any by-law
made under that subsection, they may include such incidental, consequential, supplemental, transitional or saving
provisions as may be necessary or expedient in consequence of those by-laws. (Added 11 of 2007 s. 31)
Section: 32 Supplementary provisions relating to by-laws 31 of 2001 24/12/2001
(1) In any prosecution for an offence against any by-law made under section 31(1)(o), a plan purporting to be
certified by the Chief Executive Officer as a plan of a restricted area or as a copy of a plan of a restricted area certified
by the Chief Executive Officer, shall be admitted in proceedings before a court on its production without further proof
and until the contrary is proved- (Amended 90 of 1990 s. 5; 31 of 2001 s. 6)
(a) the court before which such certified plan or copy is produced shall presume that the signature to the
plan or copy is genuine and that the Chief Executive Officer was duly appointed when he certified it;
(Amended 90 of 1990 s. 5; 31 of 2001 s. 6)
(b) shall be evidence of the area and boundaries of any part or parts of the railway delineated or described
therein as a restricted area.
(2) Any by-law made under section 31 which provides that hawking on railway premises is an offence may
also provide that all or any part of sections 86, 86A, 86C and 86D of the Public Health and Municipal Services
Ordinance (Cap 132) shall apply, with such modifications as may be specified in the by-law, as if such offence were a
hawker offence within the meaning of section 83 of that Ordinance. (Amended 10 of 1986 s. 32(1))
Section: 33 Penalties 30/06/1997
Any regulations made under section 30 or by-laws made under section 31 may provide that a contravention of
specified provisions thereof shall be an offence and may prescribe penalties therefor not exceeding a fine of $10000
and imprisonment for 2 years.
Part: VII MISCELLANEOUS 30/06/1997
Section: 34 Duty to comply with directions etc. L.N. 362 of 1997;
62 of 1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 62 of 1999 s. 3
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 17
(1) It shall be the duty of the Corporation to comply with any direction given to it or requirement made by the
Chief Executive in Council, Chief Secretary for Administration or Financial Secretary under this Ordinance.
(2) Any direction given or requirement made, by the Chief Executive in Council, Chief Secretary for
Administration or Financial Secretary under this Ordinance shall be in writing.
(Amended L.N. 362 of 1997; 62 of 1999 s. 3)
Section: 34A Corporation to have control over the laying of cables,
pipes, etc. in the wayleave area
13 of 1998 03/04/1998
(1) Notwithstanding anything to the contrary in any Ordinance, no person shall lay any electric power supply
cable, telephone cable or other cable used for communication, water pipe line, gas pipe line or other cable or pipe line
within the area in respect of which a wayleave is vested in the Corporation without the consent of the Corporation or
otherwise than in accordance with such conditions, being conditions reasonable in the circumstances, as the
Corporation may think fit to impose: (Amended 13 of 1998 s. 13)
Provided that no charge shall be made for granting such consent.
(2) Where a person seeking the consent of the Corporation under subsection (1) to lay any cable or pipe line is
carrying on an undertaking for the supply of electricity, gas or telephonic communication services to the public, such
consent shall not unreasonably be withheld.
(3) Nothing in this section shall derogate from the right of the Government to use the area referred to in
subsection (1) in any manner not inconsistent with the rights granted to the Corporation by this Ordinance.
(Added 56 of 1986 s. 16)
Section: 34B Application of section 11 of the Tramway Ordinance
(Suspended)
L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
Section 11 of the Tramway Ordinance (Cap 107) shall apply to the North-west Railway and, for the purposes of
such application, references in that section to "the company" shall be construed as references to the Corporation and
references to "the tramway" as references to that railway.
(Added 56 of 1986 s. 16)
Section: 35 Certain laws not to apply 30/06/1997
(1) The Building Authority may-
(a) having regard to the exceptional nature of the building or other works connected with the construction
of a railway, the extension of the railways or the operation of the railways; and (Replaced 56 of 1986
s. 17)
(b) on such conditions as he may specify, either generally or in any particular case,
exempt from such of the provisions of the Buildings Ordinance (Cap 123) as he thinks fit such of those works as he
may specify, but save as aforesaid the Buildings Ordinance (Cap 123) shall apply to any building or other works
carried out by or on behalf of the Corporation.
(2) (Repealed 75 of 1988 s. 40)
(3) Part IX of the Public Health and Municipal Services Ordinance (Cap 132) shall not apply to any
advertisements erected in accordance with paragraph 3(c) of the Fifth Schedule and any conditions imposed under that
paragraph. (Added 56 of 1986 s. 17)
Section: 35A Public Bus Services Ordinance not to apply to
Corporation's bus services within the North-west Transit
Service Area (Suspended)
L.N. 200 of 2007 02/12/2007
Remarks:
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 18
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
The Public Bus Services Ordinance (Cap 230) shall not apply to any bus service operated by or on behalf of the
Corporation within the North-west Transit Service Area with the following exceptions-
(a) sections 16(1)(b), 18, 19, 20 and 21;
(b) sections 2 and 3 to the extent that they apply to the provisions specified in paragraph (a),
and for the purposes of those provisions the Corporation shall be deemed to be a grantee within the meaning of that
Ordinance.
(Added 56 of 1986 s. 18)
Section: 36 Avoidance of doubt 30/06/1997
For the avoidance of doubt and without prejudice to any other Ordinance it is declared that the railway premises
are a public place for the purpose of the Public Order Ordinance (Cap 245).
Section: 37 Corporation may prosecute in its name etc. 23 of 2002 19/07/2002
(1) Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the
Secretary for Justice in relation to the prosecution of criminal offences, prosecutions for an offence under this
Ordinance may be brought in the name of the Corporation.
(2) Where a complaint is made or an information laid for an offence under this Ordinance by any person acting
on behalf of the Corporation the complainant or informant shall be deemed to act on behalf of the Secretary for
Justice. (Amended 23 of 2002 s. 4)
(Amended L.N. 362 of 1997)
Section: 38 Arrest of offenders (Suspended) L.N. 200 of 2007 02/12/2007
Remarks:
With effect from 2 December 2007, the operation of this section is suspended during the Concession Period referred to
in section 2(1), for details please see section 40.
(1) A police officer, a railway employee or any person called to assist a railway employee in making an arrest
may arrest without warrant any person reasonably suspected of committing an offence under this Ordinance.
(2) A person arrested under subsection (1) shall be taken forthwith to the nearest police station and thereafter
section 52 of the Police Force Ordinance (Cap 232) shall apply.
Section: 39 Savings 13 of 1998 03/04/1998
Notwithstanding the repeal of section 28 ("the repealed section") by the Kowloon-Canton Railway Corporation
(Amendment) Ordinance 1998 (13 of 1998), the repealed section shall continue to apply in respect of outstanding
claims arising from resumptions of land for the Kowloon-Canton Railway or the North-west Railway which took
place before its repeal.
(Added 13 of 1998 s. 14)
Part: VIII SUSPENSION OF OPERATION OF CERTAIN
PROVISIONS DURING CONCESSION PERIOD
L.N. 200 of 2007 02/12/2007
(Part VIII added 11 of 2007 s. 32)
Section: 40 Suspension of certain provisions during Concession Period L.N. 200 of 2007 02/12/2007
(1) The operation of the following is suspended during the Concession Period-
(a) Part IV and sections 25 and 38;
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 19
(b) sections 23, 34B and 35A; and
(c) the Kowloon-Canton Railway Corporation (Permitted Activities) (Consolidation) Order (Cap 372 sub.
leg. D).
(2) Subsection (1)(a) does not apply where the franchise granted to the MTR Corporation Limited under
section 4 of the Mass Transit Railway Ordinance (Cap 556), or any part of it relating to those railways covered by a
service concession, is suspended under that Ordinance.
(3) Section 23 of the Interpretation and General Clauses Ordinance (Cap 1) shall have the same effect in
relation to the suspension of the operation of any provision by virtue of this section as it would have if such provision
had been repealed.
Schedule: 1 PROVISIONS WITH RESPECT TO THE
CORPORATION AND MEMBERS THEREOF
L.N. 200 of 2007 02/12/2007
[section 3]
1. The Corporation shall be a body corporate having perpetual succession and a common seal.
2. The Corporation shall not be regarded as a servant or agent of the Government, or as enjoying any status,
immunity or privilege of the Government. (Amended 23 of 2002 s. 31)
3. All matters relating to the terms and conditions of the appointment to the service of the Corporation of the
Chairman shall be determined by the Chief Executive. (Amended 62 of 1999 s. 3)
4. Any determination by the Corporation of a matter relating to-
(a) the appointment to the service of the Corporation of the Chief Executive Officer, including the terms and
conditions of such appointment;
(b) the suspension or dismissal from the service of the Corporation of the Chief Executive Officer,
requires the prior approval of the Chief Executive. (Added 31 of 2001 s. 7)
5. (1) Subject to paragraphs 3 a member of the Corporation shall hold and vacate his office in accordance with the
terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment: (Amended 90 of 1990
s. 6)
Provided that any member appointed under section 3(2)(c) who is not a public officer shall be appointed for a
term not exceeding 3 years.
(2) A member appointed under section 3(2)(c) who is not a public officer may at any time by notice in writing
to the Chief Executive resign his office. (Amended 62 of 1999 s. 3)
6. (1) A member of the Corporation who is in any way directly or indirectly interested in a contract made or
proposed to be made by the Corporation, or in a contract made or proposed to be made by a subsidiary of the
Corporation which is brought up for consideration by the Corporation, shall disclose the nature of his interest at a
meeting of the Corporation; and the disclosure shall be recorded in the minutes of the Corporation, and the member
shall not without the permission of the Chairman take any part in any deliberation of the Corporation with respect to
that contract and shall not in any event vote on any question concerning it.
(2) For the purposes of sub-paragraph (1), a general notice given at a meeting of the Corporation by a member
thereof to the effect that he is a member of a specified company or firm and is to be regarded as interested in any
contract which may, after the date of the notice, be made with the company or firm shall be regarded as a sufficient
disclosure of his interest in relation to any contract so made or proposed to be so made.
(3) A member of the Corporation need not attend in person at a meeting of the Corporation in order to make a
disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure
is made by a notice which is brought up and read at the meeting.
7. (1) The Corporation-
(a) shall pay to the members thereof such salaries or fees, and such allowances, as the Financial Secretary
may determine; and
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 20
(b) as regards any member in whose case the Financial Secretary may so determine, shall pay such
pension, allowance or gratuity to or in respect of him or make such payments towards the provision of
such a pension, allowance or gratuity as may be so determined,
and, if a person ceases to be a member of the Corporation and it appears to the Financial Secretary that there are
special circumstances which make it right that that person should receive compensation the Financial Secretary may
require the Corporation to pay to that person a sum of such amount as the Financial Secretary may determine.
(2) The provisions of this paragraph shall apply in the case of the Chairman only to such extent as the Financial
Secretary may determine. (Amended 90 of 1990 s. 6)
8. If the Chief Executive is satisfied that a member of the Corporation appointed under section 3(2)(c) who is not a
public officer-
(a) has been absent from meetings of the Corporation for a period longer than three consecutive months
without the permission of the Corporation; or
(b) has become bankrupt or made an arrangement with his creditors; or
(c) is incapacitated by physical or mental illness; or
(d) is otherwise unable or unfit to discharge the functions of a member,
the Chief Executive may declare his office as a member of the Corporation to be vacant, and shall notify the fact in
such manner as the Chief Executive thinks fit; and thereupon the office shall become vacant. (Amended 62 of 1999 s.
3)
9. (1) The quorum of the Corporation shall be 5 and, while a member is disqualified from taking part in a decision
or deliberation of the Corporation in respect to a matter, he shall be disregarded for the purpose of constituting a
quorum of the Corporation for deciding, or deliberating on, that matter. (Amended 11 of 2007 s. 33)
(2) During the Concession Period, subparagraph (1) does not apply, and a simple majority of the members of
the Corporation for the time being shall form the quorum. (Added 11 of 2007 s. 33)
10. Subject to the foregoing provisions of this Schedule, the Corporation shall have power to regulate its own
procedure including the manner in which decisions of the Corporation may be made by a quorum of its members
otherwise than at a meeting of the Corporation.
11. The Corporation may appoint such employees as it may determine on such terms and conditions as it thinks fit.
12. A certificate signed by the Chairman or Chief Executive Officer that an instrument of the Corporation purporting
to be made or issued by or on behalf of the Corporation was so made or issued shall be conclusive evidence of that
fact. (Amended 90 of 1990 s. 6; 31 of 2001 s. 7)
13. Every document purporting to be an instrument made or issued by or on behalf of the Corporation and to be duly
executed under the seal of the Corporation, or to be signed or executed by the Chairman or Chief Executive Officer or
a person authorized by the Corporation to act in that behalf, shall be received in evidence and deemed, without further
proof, to be so made or issued unless the contrary is shown. (Amended 90 of 1990 s. 6; 31 of 2001 s. 7)
Schedule: 2 L.N. 38 of 2011 01/06/2011
[section 7(1)]
PART I
1. There shall be vested in the Corporation for the interest specified in paragraphs 2, 3, 4 and 5 and for a period
commencing on the appointed day and ending-
(a) in the case of land situated in Kowloon, 75 years thereafter; and
(b) in the case of land situated in the New Territories, on 30 June 2047, (Amended L.N. 325 of 1993)
all the Government land (in this Schedule called "the said land") described in the said paragraphs by reference to plans
(in this Schedule called "the said plans"), certified under the hand of the Director of Lands as being the plans referred
to in this Schedule, one set of which shall be deposited in the offices of the Land Registry, Victoria. (Amended 8 of
1993 s. 2; 29 of 1998 s. 105)
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 21
2. All that land bounded by a bold continuous black line on the said plans shall be vested absolutely:
Provided that there shall be excluded from the land so vested the land registered in the Land Registry, as Sha Tin
Town Lot No. 87. (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)
3. In respect of the land bounded by a bold discontinuous black line on the said plans there shall be vested such
underground wayleaves or rights of passage as are necessary for the operation of the railway as existing immediately
prior to the appointed day, including the right to maintain or reconstruct all railway tracks, tunnels and other works
which were constructed for the purposes of or in connection with the railway and in existence immediately prior to the
appointed day and to construct and maintain new works for the better exercise of such wayleave or right of passage.
(Amended 11 of 2007 s. 34)
4. In respect of the land shown hatched black on the said plans there shall be vested-
(a) such wayleaves or rights of passage as are necessary for the operation of the railway as existing
immediately prior to the appointed day or, as the case may be, as it will be after the execution of the
works under the scheme referred to in section 10(1)(c)*; (Amended 11 of 2007 s. 34)
(b) the right to maintain or reconstruct all railway tracks, railway bridges and other works on such land
and to construct and maintain new works for the better exercise of such wayleave or right of passage.
5. In respect of the top of the concrete platform at Sha Tin Station, including all the under surface thereof, being a
platform situated on Government land remaining in the possession of the Government and coloured grey on the said
plans, there shall be vested in the Corporation the right to the exclusive use thereof and to permit other persons to use
it, together with the right to construct on such platform, so long as the stability thereof is not affected, buildings and
other structures. (Amended 29 of 1998 s. 105)
6. In respect of the Government land adjacent to the land vested under paragraphs 2, 3, 4 and 5 there shall be
vested in the Corporation such rights as are appurtenant to the land so vested, being rights to continue to use such
Government land for a purpose (being a railway purpose) for which the land was used immediately prior to the
appointed day and, without derogation from the generality of the foregoing, such rights shall include-
(a) the right to discharge storm water upon such Government land in the places and manner in which such
water was discharged, or capable of being discharged, at such time;
(b) such rights of way over such Government land as may have been so used; and
(c) where any power under any repealed Ordinance relating to the railway was exercised for the benefit of
the railway over any such Government land, the right to continue to use the Government land for the
purposes for which the power was exercised. (Amended 29 of 1998 s. 105)
7. The Government and the Corporation may by agreement adjust the boundaries of the said land so as to transfer-
(a) to the Government any lands included within the said land which ought not to have been so included,
as not having been used for railway purposes immediately prior to the appointed day; (Amended 29 of
1998 s. 105)
(b) to the Corporation any lands which ought to have been so included as having been used for railway
purposes immediately prior to the appointed day.
8. The provisions of paragraphs 1(2) and 2 of the Third Schedule shall apply to an agreement under paragraph 7 as
they do to an agreement under paragraph 1(1) of that Schedule and any certificate under paragraph 2 of the Third
Schedule as read with this paragraph shall, as soon as may be, be annexed to the said plans and be deemed to form part
thereof:
Provided that in applying the said paragraphs for the purposes of this paragraph references to the Secretary for
Transport and Housing shall be deemed to be references to the Director of Lands. (Amended L.N. 106 of 2002; L.N.
130 of 2007)
9. Nothing in this Schedule shall vest in the Corporation any rights which were not vested in the Government
immediately prior to the appointed day and nothing in this Schedule shall affect the exercise by any person, other than
the Government, of any rights in respect of the said land which he possessed immediately prior to the appointed day.
(Amended 29 of 1998 s. 80)
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 22
PART II
10. There shall be reserved to the Government liberty-
(a) to use and permit the public to use the following together with all roads appurtenant thereto-
(i) the bridges designated on the said plans by a number prefixed by the letter "B" and shown cross
hatched black;
(ii) the subways designated on the said plans by a number prefixed by the letter "S" and shown cross
hatched black;
(iii) the pedestrian ways along the railway bridges designated on the said plans by a number prefixed
by the letter "P" and shown hatched black,
and to keep all bridges, roads, tunnels and other works appertaining thereto on the said land;
(b) to use exclusively, and to permit other persons to use, whether in accordance with a lease, tenancy
agreement or otherwise-
(i) the top of the concrete platform at Sha Tin situated on land vested in the Corporation and
coloured grey on the said plans, including all the under surface thereof;
(ii) that portion of the top of the concrete platform at Kowloon Station coloured grey on the said
plans, including all the under surface of the said platform;
(iii) the top of the concrete platform at Mong Kok constructed under the rights reserved under sub-
paragraph (c) hereof, including all the under surface thereof,
together with all necessary rights of access and the right to construct on such platforms, so long as the
stability thereof is not affected and having regard to the rights of other persons to the use of such
platforms, buildings and other structures;
(c) to construct at Mong Kok at the places coloured grey on the said plans, concrete platforms over the
railway in accordance with the scheme therefor as existing immediately prior to the appointed day and
as may be subsequently modified by agreement between the Government and the Corporation;
(d) to construct vehicular and other ways on the said land over or under the railway and intersecting at
right angles or diagonally the railway and to use, or permit the public to use, such vehicular or other
ways for any purpose whatsoever;
(e) to lay mains, pipes, wires, cables and drains within or upon the said land and to keep upon the said
land any such mains, pipes, wires, cables and drains which existed upon the said land immediately
prior to the appointed day and were used wholly or mainly for purposes other than railway purposes;
(f) to cleanse, repair and maintain any works constructed or kept under the provisions of sub-paragraphs
(a), (b), (c), (d) and (e) (including any of the platforms referred to in sub-paragraph (b)) and for its
servants or agents to enter upon the said land for such purposes and for the inspection of such works or
for the exercise of the rights conferred by this paragraph;
(g) to exercise on the said land such rights appurtenant to the beneficial enjoyment by the Government or
its successors of land retained by the Government, being rights to continue to use land for a purpose
for which the land was used immediately prior to the appointed day, and without derogation from the
generality of the foregoing, such rights shall include-
(i) the right to discharge storm water upon the said land in the places in which such water was
discharged, or capable of being discharged, at such time; and
(ii) such rights of way as may have been so used.
11. In the exercise of the rights conferred upon it by paragraph 10 the Government shall-
(a) not, without the consent of the Corporation, (which consent shall not unreasonably be withheld) do
anything which might adversely affect the operation or safety of the railway and in the event of any
injurious affection make reasonable compensation therefor;
(b) do as little damage as possible and make reasonable compensation for all damage done;
(c) reimburse the Corporation for any expenses incurred by it in undertaking works to facilitate, or enable
the Government to exercise, such rights.
12. The Corporation shall not interfere with, or do anything which may injuriously affect, any works kept or
constructed by the Government in accordance with the rights reserved under paragraph 10, with any of the platforms
referred to in that paragraph, or with any road or way constructed for the use of the public without the consent in
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 23
writing of the Director of Lands, which consent shall not unreasonably be withheld:
Provided that-
(a) such consent shall not be withheld should the Corporation desire to affix cables, pipes, signalling
equipment or other equipment for the operation of the railway to the underside or supports of any
bridge or concrete platform or to any retaining wall, but the Director of Lands may, in granting his
consent, impose reasonable conditions for safeguarding the structure of the bridge, platform or wall, or
the users thereof;
(b) where a pedestrian way referred to in paragraph 10(a)(iii) is an integral part of the structure of any
railway bridge, nothing in this paragraph shall prevent the Corporation from effecting any necessary
repairs to such structure or from rebuilding such bridge;
(c) nothing in this paragraph shall affect any right of the Corporation to use any portion of the top of any
concrete platform the use of which is not reserved to the Government, and to permit others to use it,
and to construct buildings or other structures thereon so long as the stability of the platform is not
affected and the rights reserved to the Government in respect of that platform are not injuriously
affected.
13. There shall be reserved to the Government in respect of all land within the said land occupied by the Mass
Transit Railway Corporation immediately prior to the appointed day the right to lease such land or any part thereof to
the Mass Transit Railway Corporation upon such terms and conditions as the Government may determine, so however
that nothing in any such lease shall affect the right of the Corporation established under this Ordinance to use the
surface of such land for railway or other purposes and to have reasonable support for such use.
14. The Corporation shall not withdraw or vary the terms of any licence granted prior to the appointed day by the
Government to the Mass Transit Railway Corporation or to the Government of the United Kingdom entitling the Mass
Transit Railway Corporation or the Government of the United Kingdom to use any part of the said land, or any
arrangement made to that effect, without the written approval of the Secretary for Transport and Housing. (Amended
L.N. 106 of 2002; L.N. 130 of 2007)
15. The Corporation may-
(a) use and permit the use of the portion of the said land described in paragraphs 2 and 5-
(i) for railway purposes;
(ii) for any purpose in the exercise of the powers conferred on it by the Chief Executive under
section 4(1)(e), (Amended 62 of 1999 s. 3; 32 of 2000 s. 48)
and for purposes ancillary thereto, excluding staff housing and including, within station premises only,
the provision of services or articles for the use or enjoyment of passengers on the railway; or
(b) where any portion of the said land described in paragraphs 2 and 5 was, immediately prior to the
appointed day, used for other than railway purposes, or for staff housing, use and permit the use of the
said land for such other purposes or such housing but only to the extent that such part of the said land
was so used immediately prior to the appointed day,
and may not use the said land, or any portion thereof, for any other purpose without the consent in writing of the
Director of Lands who may, in granting such permission, impose such conditions as he thinks fit including the
payment by the Corporation of a reasonable premium to the Government for payment into general revenue as
consideration for the grant of such consent.
16. The Corporation shall not assign, underlet, part with possession or otherwise dispose of the said land or any part
thereof or any interest therein, or enter into any agreement so to do, for a period in excess of 3 years without the
consent in writing of the Director of Lands:
Provided that nothing in this paragraph shall relate to the part of the said land referred to in paragraph 15(b).
17. The Corporation shall keep the railway and other works and erections made or erected on the said land in good
and substantial repair:
Provided that nothing in this Schedule shall impose on the Corporation any obligation to repair any-
(a) bridge or subway referred to in paragraph 10(a)(i) and (ii) and shown cross hatched black on the said
plans;
(b) pedestrian ways referred to in paragraph 10(a)(iii) and shown hatched black on the said plans except in
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 24
the case of structural defects to a bridge on which a pedestrian way is situated and which affect the
safety of the way;
(c) concrete platform referred to in paragraph 10 and coloured grey on the said plans or an access used
exclusively in connection therewith save to the extent that the Corporation has any interest in the top of
the platform, and then only to the extent of that interest.
18. The Government may at any time enter upon any cutting, embankment or retaining wall on the said land which,
by reason of its condition, injuriously affects or is likely to affect any Crown land and execute such work thereon as
may be reasonably necessary to prevent such injurious affection. The reasonable costs so incurred shall be a debt
owing by the Corporation to the Government.
19. The Corporation shall maintain in good and substantial repair fences erected on the said land to prevent access
to the railway by members of the public or livestock and, in places where such fences are required for the protection of
the public or livestock and were not in existence immediately prior to the appointed day, shall construct fences
adequate for such purpose and so maintain them.
20. Subject to the proviso to paragraph 17 the Corporation shall be liable to pay a reasonable portion of all expenses
incurred by the Government, and the Government a reasonable portion of all expenses incurred by the Corporation, in
repairing and rebuilding and cleansing all party walls, fences, sewers, drains, roads, pavements and other things the
use of which is common to the said land and to any adjoining land held by the Crown. In the absence of agreement on
the sum the Government or the Corporation shall pay, this shall be determined in accordance with the Arbitration
Ordinance (Cap 609) by arbitration with 2 arbitrators, one to be appointed by each party. (17 of 2010 s. 112)
21. The Government shall have the right to such facilities as it may reasonably require for police, immigration or
customs purposes on railway premises:
Provided that nothing in this paragraph shall require the Corporation to carry out any building or other works
otherwise than at the expense of the Government.
PART III
22. The Chief Executive may by order in the Gazette amend- (Amended 62 of 1999 s. 3)
(a) Part I of this Schedule by extending the term of years for which the said land, or any part thereof, is
vested in the Corporation;
(b) Part II of this Schedule:
Provided that the prior consent of the Corporation shall be required to any amendment which has the effect of
imposing any new restriction on the Corporation as to the manner in which it may use the said land or any part thereof
or which otherwise limits the rights granted in this Schedule.
23. That part of the said land lying below the land registered in the Land Registry as Sha Tin Town Lot No. 87 shall
be subject to the mutual rights and obligations reserved in and imposed by, and the agreements and conditions
contained in, the Conditions of Sale registered in the Land Registry as New Grant No. 11326. (Amended 8 of 1993 s.
2; 20 of 2002 s. 5)
24. (1) In this Schedule the expressions "the said land" (所述土地) and "the said plans" (所述圖則) have the
meanings assigned to them by paragraph 1.
(2) Any reference to the Government or the Corporation shall where the reference relates to any right to go
onto any land or do anything thereon be deemed to refer also to their servants or agents.
(3) In this Schedule references to "the railway" shall be construed as referring to the Kowloon-Canton Railway
and references to "railway purposes" shall be construed accordingly. (Added 56 of 1986 s. 19)
____________________________________________________________
Note:
* Repealed-see 13 of 1998 s. 6
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 25
Schedule: 3 L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
[section 7(5)]
1. (1) It shall be the duty of the Government and the Corporation, whether before or after the appointed day, so far
as is practicable, to arrive at such written agreements and to execute such other instruments as are necessary or
expedient to identify or define the property, rights or liabilities transferred to the Corporation or retained by the
Government and as will afford to the Government and the Corporation such rights and safeguards as may be required.
(2) If the Secretary for Transport and Housing or the Corporation represents to the Chief Executive in Council,
or if it appears to the Chief Executive in Council without such a representation, that it is unlikely in the case of any
matter on which agreement is required under sub-paragraph (1) that such agreement will be reached, the Chief
Executive in Council may, whether before or after the appointed day, give a direction determining that matter and may
include in the direction any provision which might have been included in an agreement under sub-paragraph (1); and
any property, rights or liabilities required by the direction to be transferred to the Corporation shall be regarded as
having been transferred by this Ordinance to, and by virtue thereof vested in, the Corporation accordingly. (Amended
62 of 1999 s. 3; L.N. 106 of 2002; L.N. 130 of 2007)
2. In the case of any transfer to which this Schedule applies, a joint certificate on behalf of the Government and the
Corporation that any property specified in the certificate, or any such interest in or right over any such property as may
be so specified, or any right or liability so specified, is by virtue of this Ordinance for the time being vested in such
one of them as may be so specified, shall be conclusive evidence for all purposes of that fact; and if on the expiration
of one month after a request from either of them for the preparation of such a joint certificate as respects any property,
interest, right or liability, they have failed to agree on the terms of the certificate, the Corporation and the Secretary for
Transport and Housing shall refer the matter to the Chief Executive in Council and issue the certificate in such terms
as he may direct. (Amended 62 of 1999 s. 3; L.N. 106 of 2002; L.N. 130 of 2007)
3. Where in the case of any transfer to which this Schedule applies any rights or liabilities transferred are rights or
liabilities under an agreement (including a tenancy agreement or lease) to which the Government was a party
immediately before the appointed day, whether in writing or not, and whether or not of such nature that rights and
liabilities thereunder could be assigned by the Government, that agreement shall have effect on and after the appointed
day as if-
(a) the Corporation had been the party to the agreement;
(b) for any reference (whether express or implied and, if express, however worded) to the Government
there were substituted, as respects anything falling to be done on or after the appointed day, a reference
to the Corporation; (Amended L.N. 446 of 1994)
(c) any reference (whether express or implied and, if express, however worded) to a person employed by,
or engaged in the business of, the Government and holding a specified office or serving in a specified
capacity were, as respects anything falling to be done on or after the appointed day, a reference to such
person as the Corporation may appoint or, in default of appointment, to a person employed by, or
engaged in the business of, the Corporation who corresponds as nearly as may be to the first-
mentioned person;
(d) any reference in general terms (however worded) to persons employed by, persons engaged in the
business of, or agents of, the Government were, as respects anything to be done on or after the
appointed day, a reference to persons employed by, persons engaged in the business of, or agents of,
the Corporation;
(e) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided
between the Government and the Corporation, the agreement constituted two separate agreements
separately enforceable by and against the Government and the Corporation as regards the part of the
property, rights or liabilities retained by the Government or, as the case may be, the part thereof
vesting in the Corporation, and not as regards the other part,
and sub-paragraph (e) shall apply in particular to the covenants, stipulations and conditions of any lease by or to the
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 26
Government.
4. Without prejudice to the generality of the provisions of paragraph 3, the Corporation under a transfer to which
this Schedule applies and any other person shall, as from the appointed day, have the same rights, powers and
remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making
or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability vested in the
Corporation by virtue of this Ordinance as he would have had if that right or liability had at all times been a right or
liability of the Corporation, and any legal proceedings or applications to any authority pending on the appointed day
by or against the Government in so far as they relate to any property, right or liability vested in the Corporation by
virtue of this Ordinance, or to any agreement or enactment relating to any such property, right or liability, shall be
continued by or against the Corporation to the exclusion of the Government.
5. (1) Without prejudice to the provisions of paragraphs 3 and 4, any transactions effected between the
Government and the Corporation in pursuance of paragraph 1(1) or of a direction under paragraph 1(2) shall be
binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the
consent or concurrence of any other person.
(2) It shall be the duty of the Government and the Corporation if they effect any transaction in pursuance of
paragraph 1(1) or a direction under paragraph 1(2) to notify any person who has rights or liabilities which thereby
become enforceable as to part by or against the Government and as to part by or against the Corporation, and if such a
person applies to the Chief Secretary for Administration and satisfies him that the transaction operated unfairly against
that person the Chief Secretary for Administration may give such directions to the relevant Department of
Government and the Corporation as appear to him appropriate for varying the transaction. (Amended L.N. 362 of
1997)
6. If in the case of any transfer to which this Schedule applies it appears to the court, at any stage in any court
proceedings to which the Government or the Corporation and a person other than the Government or the Corporation
are parties, that the issues in the proceedings depend on the identification or definition of any of the property, rights or
liabilities transferred which the Government and the Corporation have not yet effected, or to raise a question of
construction on the relevant provisions of this Ordinance which would not arise if the Government and the
Corporation constituted a single person, the court may, if it thinks fit on the application of a party to the proceedings
other than the Government and the Corporation, hear and determine the proceedings on the footing that such one of
the Government and the Corporation as is a party to the proceedings represents and is answerable for the other of
them, and that the Government and the Corporation constitute a single person, and any judgment or order given by the
court shall bind both the Government and the Corporation accordingly.
Schedule: 4 30/06/1997
(Amendments incorporated)
Schedule: 5 L.N. 38 of 2011 01/06/2011
[sections 7(6) & (7),
34A(1) & 35(3)]
PART I
1. There shall be vested in the Corporation for the interest specified in paragraphs 2, 3, 4 and 5 for a period ending
on 30 June 2047 all the Government land (in this Schedule called "the land") described in those paragraphs by
reference to plans (in this Schedule called "the plans"), certified under the hand of the Director of Lands as being the
plans referred to in this Schedule, one set of which shall be deposited in the offices of the Land Registry. (Amended 8
of 1993 s. 2; L.N. 291 of 1993; 29 of 1998 s. 105)
2. In respect of the land shown grey on the plans there shall be vested-
(a) such rights as are necessary to enable the Corporation to construct the North-west Railway;
(b) such wayleaves or rights of passage as are necessary for the operation of the North-west Railway;
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 27
(Amended 11 of 2007 s. 35)
(c) the right to maintain or reconstruct all railway tracks, railway bridges and other works on such land
and to construct and maintain new works for the better exercise of such wayleave or right of passage.
3. In respect of the land shown hatched black on the plans there shall be vested-
(a) such rights as are necessary to enable the construction and maintenance of platforms (which expression
in this paragraph includes the platforms proper, access ramps, shelters erected over such platforms and
any necessary ancillary structures) for the use of persons alighting from and ascending into the
carriages of the North-west Railway; (Amended 11 of 2007 s. 35)
(b) the right to place and maintain on such platforms ticket vending machines and other objects required
for the operation of the said Railway;
(c) the right, subject to such reasonable conditions as the Director of Lands may impose, to place
advertisements or allow the placement of advertisements by others, at the stops. (Amended L.N. 291
of 1993)
4. In respect of the land shown edged black on the plans there shall be vested-
(a) the right to construct and maintain such buildings or other structures as may be specified on the plans
at the places so specified;
(b) the right to use such buildings or structures for the operation of the North-west Railway or to provide
facilities for its employees, being employees engaged in the construction or operation of the North-
west Railway; and
(c) the right to repair or reconstruct such buildings or other structures.
5. In respect of the land in dotted tint on the plans and on payment of such fees as may be determined by the
Director of Lands there shall also be vested the right to lay, maintain, repair and replace cables required for the
operation of the North-west Railway: (Amended L. N. 291 of 1993)
Provided that the Corporation shall not be required to pay any fees under this paragraph which are greater than
those which the Government would require for the exercise by any other person of a like right over Government land.
(Amended 29 of 1998 s. 105)
6. In respect of the Government land adjacent to the land vested under paragraphs 2, 3 and 4 there shall be vested
in the Corporation such rights as are appurtenant to the land so vested and are necessary for the beneficial enjoyment
by the Corporation of the rights so vested. (Amended 29 of 1998 s. 105)
7. Nothing in this Schedule shall vest in the Corporation any rights which were not vested in the Government
immediately prior to the deposit of the plans in accordance with paragraph 1 and nothing in this Schedule shall affect
the exercise by any person, other than the Government, of any rights in respect of the land which he possessed
immediately prior to the commencement* of the Kowloon-Canton Railway Corporation (Amendment) Ordinance
1986 (56 of 1986). (Amended 29 of 1998 s. 81)
PART II
8. There is reserved to the Government liberty to open or break up any road along or across which the North-west
Railway is laid, but in the exercise of the power the Government shall be subject to the following restrictions-
(a) it shall cause as little detriment or inconvenience to the Corporation as circumstances may admit;
(b) before any Government Department commences any work whereby the traffic on the North-west
Railway will be interrupted they shall give to the Corporation notice of their intention to commence
such work, specifying the time at which they will begin to do so, such notice to be given 30 days at
least before the commencement of the work unless the work is undertaken as a matter of urgency to
remove any hazard to the safety of any person or property;
(c) in so far as such works may affect the safe operation of the North-west Railway, they shall not be
executed, unless the Corporation otherwise determines, except under the superintendence of the
Corporation;
(d) the works shall be executed without cost to and to the reasonable satisfaction of the Corporation; and
(e) the Government shall in consultation with the Corporation take such steps as are appropriate to
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 28
minimize any disruption to the Corporation's rail services and loss of income to the Corporation
occasioned by the execution of the works.
9. Where the North-west Railway is laid along or across any road the Corporation shall at its own expense
maintain in good condition and repair, and at their proper level so as not to be a danger or annoyance to the ordinary
traffic, the rails of which the railway line for the time being consists, and the substructure upon which the rails rest.
10. The Corporation shall at its own expense repair and maintain the roads shown in grey on the plans to the
reasonable satisfaction of the Director of Highways.
11. (1) The Director of Lands may, after having given prior notice to the Corporation of his intention to exercise
his powers under this paragraph and after considering any representations of the Corporation thereon, direct the
Corporation to divert any part of the railway line of the North-west Railway from the place where it has been
constructed in pursuance of the right vested under paragraph 2 or this paragraph from that place to any other place
specified in that direction, and where the Director of Lands gives any such direction- (Amended L.N. 291 of 1993)
(a) the diversion shall be effected within 12 months from the date of the direction or within such further
time as the Director may allow;
(b) the direction may specify where any platform or other works ancillary to the North-west Railway are
to be reconstructed;
(c) subject to sub-paragraph (2), the reasonable costs of such diversion as agreed between the Corporation
and the Director or, in the event of a failure to agree, as may be determined by arbitration, shall be
payable by the Government out of general revenue;
(d) upon the completion of the works required to effect the diversion-
(i) any rights which the Corporation may have under this Schedule to the place from which any
works have been removed or destroyed for the purpose of effecting the diversion shall be deemed
to be extinguished; and
(ii) there shall be vested in the Corporation for the same interest as it possessed in the place from
which such works have been removed or destroyed, in respect of which any works have been
constructed to effect the diversion, rights similar in all respects, except in respect of the place
where they may be exercised, as the Corporation had, by virtue of this Schedule, in the land upon
which such works had been removed or destroyed and the Corporation and the Government shall
be subject to similar duties in respect of the exercise of such rights.
(2) If-
(a) the work to effect a diversion under this paragraph includes the renewal or replacement of apparatus so
that the Corporation derives a benefit from the life of the new apparatus being longer than the life of
the apparatus so renewed or replaced; or
(b) by reason of the carrying out of such work the Corporation has received or will receive any other
benefit by way of greater efficiency in the running of the railway, reduction in wear of rolling stock on
the North-west Railway or rails or any other part of the apparatus of the Corporation or by any other
way,
the amount paid to the company under sub-paragraph (1)(c) shall be reduced by the amount of the value of any such
benefit.
12. In the event of the Corporation failing to execute any works which it is required by paragraph 9, 10 or 11 to
execute, the Director of Highways may cause such works to be executed and may recover the reasonable costs of such
works from the Corporation, in such amount as he may certify to the Corporation, as a civil debt owed by the
Corporation to the Government.
13. The Corporation shall keep the lines of rail and other works and erections made or erected in connection with
the North-west Railway in good and substantial repair.
14. Where the Corporation, in pursuance of the rights granted under paragraph 6, lays any drainage channels or
makes any connection with any drain maintained by the Government on any land outside the land vested under
paragraph 2, 3 or 4, the Government shall maintain such drain and such connection in good condition and repair where
such drain or connection has been constructed in accordance with the engineering standards of the Government
Cap 372 - KOWLOON-CANTON RAILWAY CORPORATION ORDINANCE 29
applicable in the case of similar drains and connections.
15. The Corporation shall not assign, underlet, part with possession or otherwise dispose of the said land or any part
thereof or any interest therein, or enter into any agreement so to do without the consent of the Director of Lands or
otherwise than in accordance with such terms or conditions as he may impose in giving his consent including the
payment of a premium to the Government for such consent. (Amended L.N. 291 of 1993)
PART III
16. The Corporation and the Director of Lands may agree that any right vested in the Corporation by section 7(6)
and this Schedule may be varied or extinguished and, if extinguished, that a new right should be granted by the Chief
Executive to the Corporation in place of the right extinguished and, where such agreement has the effect of varying
any plan deposited in the Land Registry under paragraph 1, a plan showing such variation shall be so deposited and,
upon such deposit, the variation shall have effect from the date of the deposit as if it had been shown on the plans as
first deposited under that paragraph and the provisions of section 7(7) shall apply accordingly. (Amended 8 of 1993 s.
2; L.N. 291 of 1993; 62 of 1999 s. 3)
17. The Chief Executive may by order published in the Gazette amend Part II of this Schedule: (Amended 62 of
1999 s. 3)
Provided that the prior consent of the Corporation shall be required to any amendment which has the effect of
imposing any new restriction on the Corporation as to the manner in which it may use the land or any part thereof or
which otherwise limits the rights granted in this Schedule.
18. (1) In this Schedule-
(a) a reference to arbitration shall be construed as a reference to arbitration under the Arbitration
Ordinance (Cap 609) and shall, for the purposes of that Ordinance, be deemed to be a reference by an
arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by
the Corporation and the other by the Director of Lands; (Amended L.N. 291 of 1993; 17 of 2010 s.
112)
(b) the expressions "the land" (該等土地) and "the plans" (該等圖則) have the meanings assigned to
them by paragraph 1.
(2) Any reference to the Government or the Corporation shall, where the reference relates to any right to go
onto any land or do anything thereon, be deemed also to refer to their servants or agents.
(Fifth Schedule added 56 of 1986 s. 20)
_________________________________________________________________
Note:
* Commencement date: 1 November 1986.
