Mass Transit Railway Ordinance


Published: 2014-04-10

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Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 1

Chapter: 556 MASS TRANSIT RAILWAY ORDINANCE Gazette Number Version Date

Long title E.R. 2 of 2014 10/04/2014


An Ordinance to provide for-
(a) the granting of a franchise to the MTR Corporation Limited, a company incorporated under the

Companies Ordinance (Cap 32) as in force at the time of the incorporation, to operate the Mass Transit
Railway and to construct and operate any extension to the Mass Transit Railway; (Amended 28 of
2012 ss. 912 & 920)

(b) the regulation of the operation of the Mass Transit Railway under the franchise, including all aspects of
safety on the Mass Transit Railway;

(c) the repeal of the Mass Transit Railway Corporation Ordinance (Cap 270), the dissolution of the Mass
Transit Railway Corporation incorporated under that Ordinance and the vesting of the property, rights
and liabilities of the Mass Transit Railway Corporation in the MTR Corporation Limited;

(d) matters relating to the incorporation of the MTR Corporation Limited, the allotment of shares of the
company and the application of various enactments in relation to the company;

(e) the inclusion in the franchise referred to in paragraph (a) of the rights to construct and operate certain
railways other than the Mass Transit Railway or its extensions; (Added 11 of 2007 s. 3)

(f) the regulation, during the franchise period, of the operation of railways and certain bus services in
addition to the operation of the Mass Transit Railway by the MTR Corporation Limited, including all
aspects of safety concerning those railways; (Added 11 of 2007 s. 3)

(g) the vesting of certain rights and liabilities of the Kowloon-Canton Railway Corporation in the MTR
Corporation Limited, (Added 11 of 2007 s. 3)

and for connected purposes.
(Amended 11 of 2007 s. 3)


[The Ordinance (other than section 13 of Schedule

6) }
30 June 2000


L.N. 136 of 2000


Section 13 of Schedule 6 }

12 January 2001


L.N. 348 of 2000]


(Enacting provision omitted—E.R. 2 of 2014)

(Originally 13 of 2000)

Part: I PRELIMINARY L.N. 136 of 2000 30/06/2000




Section: 1 Short title E.R. 2 of 2014 10/04/2014


(1) This Ordinance may be cited as the Mass Transit Railway Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)


Section: 2 Interpretation E.R. 2 of 2014 10/04/2014


(1) In this Ordinance, unless the context requires otherwise-
"appointed day" (指定日期) means the day designated as the appointed day under section 3;
"bus" (巴士) has the same meaning as in the Road Traffic Ordinance (Cap 374); (Added 11 of 2007 s. 5)
"Chief Executive Officer" (行政總裁) means the Chief Executive Officer of the Corporation; (Added 11 of 2007 s.

5)
"Commissioner" (署長) means the Commissioner for Transport;



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 2

"Concession Period" (經營權有效期) means the period for which that part of the franchise relating to the KCRC
Railways is in force, and any period for which the whole or any part of such part of the franchise is suspended
under this Ordinance; (Added 11 of 2007 s. 5)

"Concession Property" (經營權財產) means-
(a) any property which the Corporation has the right to have access to, use or possess under the Service

Concession Agreement, and which falls within the definition of "Concession Property" in the Service
Concession Agreement;

(b) any property acquired, purchased, hired, produced, created, constructed, developed, processed or
adapted for use by the Corporation and used only for the purposes of the repair, maintenance,
replacement or improvement of the property referred to in paragraph (a), and which falls within the
definition of "Concession Property" in the Service Concession Agreement; and

(c) any other property which falls within the definition of "Concession Property" in the Service
Concession Agreement; (Added 11 of 2007 s. 5)

"Corporation" (港鐵公司) means the MTR Corporation Limited; (Amended 11 of 2007 s. 5)
"extension" (延長部分) means, in relation to the railway, an extension provided for in a scheme authorized under the

Railways Ordinance (Cap 519);
"franchise" (專營權) means the franchise granted under section 4;
"franchise period" (專營期) means the period for which the franchise is granted under section 4, as extended under

this Ordinance;
"inspector" (視察主任) means a person appointed as an inspector under section 26;
"KCRC" (九鐵公司) means the Kowloon-Canton Railway Corporation established by section 3 of the KCRC

Ordinance; (Added 11 of 2007 s. 5)
"KCRC Ordinance" (《九鐵條例》) means the Kowloon-Canton Railway Corporation Ordinance (Cap 372);

(Added 11 of 2007 s. 5)
"KCRC Railway" (九鐵公司鐵路) means any railway within the meaning of section 2(1) of the KCRC Ordinance

which the Corporation has the right to have access to, use or possess under the Service Concession Agreement,
and a reference to the KCRC Railways is a reference to all such railways; (Added 11 of 2007 s. 5)

"Mass Transit Railway" (地下鐵路) means the railway system known as the Mass Transit Railway and indicated on
plans endorsed by the Secretary and deposited by the Corporation with the Land Registry from time to time, or
any part of that system;

"Mass Transit Railway Corporation" (地下鐵路公司) means the entity of that name established by section 3(1) of
the repealed Ordinance;

*"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. 5)

"MTR Corporation Limited" (香港鐵路有限公司) means the entity of that name incorporated under the relevant
Ordinance; (Amended 11 of 2007 s. 5; 28 of 2012 ss. 912 & 920)

"MTRC" means the Mass Transit Railway Corporation;
"North-west Railway" (西北鐵路) has the same meaning as in section 2(1) of the KCRC Ordinance; (Added 11 of

2007 s. 5)
"North-west Transit Service Area" (西北鐵路服務範圍) has the same meaning as in section 2(1) of the KCRC

Ordinance; (Added 11 of 2007 s. 5)
"operating agreement" (營運協議) means any agreement entered into between the Corporation and the Secretary

acting on behalf of the Government which is declared by its terms to be an operating agreement for the purposes
of this Ordinance or to be an agreement amending or supplementing such an agreement, as having effect from
time to time;

"railway" (鐵路)-
(a) during the Concession Period, means the Mass Transit Railway and the KCRC Railways, and a

reference to the railway includes a reference to a part of the railway; and
(b) at any other time, means the Mass Transit Railway; (Replaced 11 of 2007 s. 5)

"railway premises" (鐵路處所)-



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 3

(a) during the Concession Period, means-
(i) any area, space or building occupied by the Corporation which is designed, equipped or set apart

for the carriage of passengers or goods, or both passengers and goods, by train or for affording
facilities incidental to the carriage of passengers or goods, or both passengers and goods, by
train; and

(ii) any train on premises specified in subparagraph (i); and
(b) at any other time, means-

(i) any area, space or building occupied by the Corporation which is designed, equipped or set apart
for the carriage of passengers by train or for affording facilities incidental to the carriage of
passengers by train; and

(ii) any train on premises specified in subparagraph (i); (Replaced 11 of 2007 s. 5)
relevant Ordinance (《有關條例》) means the Companies Ordinance (Cap 32) as in force from time to time before

the commencement date** of section 2 of Schedule 9 to the Companies Ordinance (Cap 622); (Added 28 of
2012 ss. 912 & 920)

"repealed Ordinance" (已廢除條例) means the Mass Transit Railway Corporation Ordinance (Cap 270);
"Secretary" (局長) means the Secretary for Transport and Housing; (Amended L.N. 106 of 2002; L.N. 130 of 2007)
"service" (服務) means railway service;
"service concession" (服務經營權) means an arrangement under which the rights of KCRC to have access to, use or

possess certain railways and certain other property for the operation of those railways or the TSA bus service,
are granted to the Corporation; (Added 11 of 2007 s. 5)

"Service Concession Agreement" (服務經營權協議) means any agreement entered into between KCRC as the
grantor and the Corporation 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. 5)

"transport interchange" (運輸交匯處) means any area, space or building delineated in plans certified by the
Commissioner and deposited by the Corporation in the Land Registry under section 31;

"TSA bus service" (西北鐵路巴士服務) means the service provided through the operation of bus services within the
North-west Transit Service Area. (Added 11 of 2007 s. 5)
(2) Reference in this Ordinance to construction of the railway is a reference to undertaking every stage of the

process beginning with its design and planning and ending when the railway is brought into operation.
(Amended E.R. 2 of 2014)

_______________________________________________________________________________
Note:
* Merge Date: 2 December 2007.
** Commencement date : 3 March 2014.

Section: 3 Appointed day L.N. 106 of 2002 01/07/2002


The Secretary for Transport may, by notice in the Gazette, designate a day to be the appointed day for the
purposes of this Ordinance*.

(Amended L.N. 106 of 2002)
_________________________________________________________________________________
Note:
* 30 June 2000 was designated by the Secretary for Transport to be the appointed day for the purposes of

this Ordinance by G.N. 3903 of 2000 in the Gazette.

Part: II GRANT AND EXTENSION OF FRANCHISE L.N. 136 of 2000 30/06/2000




Section: 4 Grant of franchise to Corporation to operate railway L.N. 200 of 2007 02/12/2007


(1) Subject to this Ordinance, the Corporation is granted the franchise, for a period of 50 years from the Merger



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 4

Date- (Amended 11 of 2007 s. 6)
(a) to operate the Mass Transit Railway, including any extension to the Mass Transit Railway;
(b) to construct any extension to the Mass Transit Railway;
(c) to construct any other railway (other than an extension to the Mass Transit Railway) which the

Secretary has authorized the Corporation to construct;
(d) to operate any railway constructed under paragraph (c); and
(e) to operate the KCRC Railways. (Amended 11 of 2007 s. 6)

(1A) For the avoidance of doubt and without affecting the generality of subsection (1)(e), the franchise granted
under subsection (1) covers the operation of the KCRC Railway for the carriage of goods and passengers to and from
a place outside Hong Kong. (Added 11 of 2007 s. 6)

(2) The terms and conditions agreed between the Government and the Corporation as having effect with respect
to the franchise granted under this section are those set out in the operating agreement.

Section: 5 Extension of franchise L.N. 200 of 2007 02/12/2007


(1) At any time or times during the franchise period, but not later than 5 years before the expiry of that period,
the Corporation may apply to the Chief Executive in Council for an extension of the franchise.

(2) An application for extension of the franchise under this section-
(a) shall be made by notice to the Secretary; and
(b) shall be accompanied by all materials that the Corporation wishes to put forward in support of the

application.
(3) The Secretary shall submit to the Chief Executive in Council a report setting out his recommendation as to

whether, having regard to all relevant considerations (including the operation by the Corporation of the TSA bus
service during the franchise period and any provision of the operating agreement relating to the extension of the
franchise), the Corporation's franchise should be extended. (Amended 11 of 2007 s. 7)

(4) The Chief Executive in Council may approve an extension of the franchise, but shall only do so if he is
satisfied that the Corporation is capable of maintaining a proper and efficient service under this Ordinance and the
operating agreement.

(5) Notice of any extension of the franchise granted under this section shall be published in the Gazette.

Section: 6 Restriction on transfer of franchise L.N. 136 of 2000 30/06/2000


The Corporation shall not transfer the franchise or any part of it without the approval of the Chief Executive in
Council.

Section: 7 Directors of Corporation L.N. 136 of 2000 30/06/2000


Unless the Chief Executive in Council otherwise permits, a majority of those directors of the Corporation who
are not additional directors appointed under section 8 must be persons ordinarily resident in Hong Kong.

Section: 8 Chief Executive may appoint additional directors L.N. 163 of 2013 03/03/2014


(1) The Chief Executive may appoint, for a period he directs, not more than 3 persons to be additional directors
of the Corporation (in this section referred to as "additional director").

(2) An additional director may not be removed from office except by the Chief Executive.
(3) Subject to this Part, an additional director shall be treated for all purposes as if he had been appointed at a

general meeting of the Corporation as a director of the Corporation.
(4) Without affecting the generality of subsection (3), an additional director shall, in the same manner and to

the same extent as any other director of the Corporation, be entitled-
(a) to participate in meetings of the Corporation and the board of directors of the Corporation;
(b) to have access to all material concerning the affairs of the Corporation; and
(c) to be furnished with such information with respect to the affairs of the Corporation as he may specify.

(5) The Companies Ordinance (Cap 622), the Companies (Winding Up and Miscellaneous Provisions)
Ordinance (Cap 32) and any other law, and any document, shall be construed subject to this section. (Amended 28 of



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 5

2012 ss. 912 & 920)

Part: III PERFORMANCE UNDER FRANCHISE L.N. 136 of 2000 30/06/2000




Section: 9 Corporation to maintain proper and efficient service L.N. 200 of 2007 02/12/2007


(1) The Corporation shall maintain a proper and efficient service at all times during the franchise period in
accordance with this Ordinance and the operating agreement. (Amended 11 of 2007 s. 8)

(2) Where the Corporation operates the TSA bus service during the Concession Period, the Corporation shall
ensure that the TSA bus service is operated properly and efficiently under-

(a) this Ordinance and all other applicable laws; and
(b) the operating agreement. (Added 11 of 2007 s. 8)


Section: 10 Secretary may obtain information L.N. 136 of 2000 30/06/2000


(1) The Secretary may, by notice in writing to the Corporation, require the Corporation-
(a) to afford the Secretary sufficient facilities for obtaining information with respect to the business and

affairs of the Corporation in connection with the franchise; and
(b) in the manner and at the reasonable times specified in the notice, to furnish the Secretary with

information with respect to the matters specified in paragraph (a) and afford to him facilities for the
verification of that information,

and to do so within a period specified in the notice, being a period that is reasonable in the circumstances.
(2) In subsection (1), reference to information is a reference to information which the Secretary may reasonably

require for verifying that the Corporation has complied with the provisions of this Ordinance, the operating agreement
and any direction, specification or requirement given under this Ordinance or the operating agreement.

(3) If the Corporation, without reasonable excuse, fails to comply with a notice given under this section the
Corporation commits an offence and is liable to a fine at level 4.

Section: 11 Records L.N. 136 of 2000 30/06/2000


(1) The Corporation shall keep, to the satisfaction of the Secretary, records in respect of the following matters
relating to the railway-

(a) the number and carrying capacity of trains in use or under maintenance;
(b) the number of journeys undertaken and the total distance travelled;
(c) the number of passengers carried;
(d) the receipts;
(e) details of any incident causing a service breakdown of 20 minutes or more;
(f) the maintenance of trains;
(g) the number and types of trains, and their carrying capacity, on order or under construction together

with details of the likely availability of such trains for use in the operation of the railway.
(2) The Secretary may, by notice in writing to the Corporation, require the Corporation-

(a) to furnish to the Secretary, at the reasonable times and in the form specified in the notice, copies of the
records kept by the Corporation in accordance with subsection (1);

(b) to permit the Secretary, or any other person authorized in writing by him, to inspect at any reasonable
time all records kept by the Corporation in accordance with subsection (1),

and to do so within a period specified in the notice, being a period that is reasonable in the circumstances.
(3) The Secretary or other person authorized by the Secretary may make copies of records inspected under

subsection (2)(b).
(4) If the Corporation, without reasonable excuse, fails to comply with subsection (1), or with a notice given

under subsection (2), the Corporation commits an offence and is liable to a fine at level 4.




Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 6

Section: 12 Limitation on powers under sections 10 and 11 L.N. 136 of 2000 30/06/2000


(1) Nothing in section 10 or 11 requires the Corporation or any other person-
(a) to produce any document which the Corporation or that other person could not be compelled to

produce in civil proceedings in the High Court; or
(b) in complying with any requirement for the furnishing of information, to provide any information which

the Corporation or that other person could not be compelled to provide in evidence in civil proceedings
in the High Court.

(2) Neither the Secretary nor any other person shall disclose any information obtained pursuant to section 10 or
11 unless he has consulted the Corporation regarding his intention to do so.

Section: 12A Maintenance of crossings, bridges, arches, culverts, etc. L.N. 200 of 2007 02/12/2007


(1) During the Concession Period, the Corporation shall construct and maintain for the use of the occupiers of
land not held by the Government and adjoining the KCRC Railway-

(a) crossings of the KCRC Railway for the purpose of making good any use of the land enjoyed before the
KCRC 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 KCRC Railway
was constructed or as nearly as is reasonably practicable.

(2) The Corporation shall not be obliged under this section to do anything-
(a) in such a manner as would prevent the use or cause inconvenience in the use of the KCRC Railway;
(b) in respect of any matter in relation to which any person whose right to occupy the land has been

prejudiced has made no objection or claim during the time of the construction of that part of the KCRC
Railway affecting that land or in relation to which that person has accepted compensation; or

(c) where, after the construction of that part of the KCRC 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.

(Added 11 of 2007 s. 9)

Section: 13 Chief Executive in Council may give directions L.N. 200 of 2007 02/12/2007


(1) The Chief Executive in Council may, if he considers the public interest so requires, and after consultation
between the Secretary and the Corporation, give directions in writing to the Corporation in relation to any matter
concerning the franchise and the TSA bus service operated by the Corporation. (Amended 11 of 2007 s. 10)

(2) The directions may be of a general or specific nature.
(3) The Corporation shall comply with any direction given, unless the direction is inconsistent with this

Ordinance.
(4) The Government is liable to pay compensation to the Corporation for loss or damage of any kind (including

consequential loss) sustained by the Corporation and in any way arising from or attributable to the Corporation's
compliance with a direction under this section.

(5) Reference in subsection (4) to loss or damage includes reference to loss or damage arising from or
attributable to the Corporation's compliance with a direction under this section that is contrary to prudent commercial
principles.

Section: 14 Chief Executive in Council may impose financial penalty L.N. 136 of 2000 30/06/2000


(1) The Chief Executive in Council may, on a reference by the Secretary, by notice in writing impose on the
Corporation a financial penalty specified in the notice for any failure by the Corporation to comply with any provision
of this Ordinance or the operating agreement, or with any direction, specification or requirement given under this
Ordinance or the operating agreement.

(2) The Corporation shall not be found liable to the imposition of a penalty under subsection (1) unless-
(a) the Corporation has been given an opportunity to make representations to the Chief Executive in

Council; and
(b) the Chief Executive in Council is satisfied-



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 7

(i) that the failure is substantial or is persistent in nature; and
(ii) where the obligation is one of a continuing nature, that the Corporation has had a reasonable

opportunity of remedying the failure.
(3) A financial penalty imposed under this section shall not exceed-

(a) in respect of any failure-
(i) in the case of a first imposition of such a penalty, an amount equal to a fine at level 3;
(ii) in the case of a second imposition of such a penalty, an amount equal to a fine at level 4;
(iii) in the case of a third or subsequent imposition of such a penalty, an amount equal to a fine at

level 5; and
(b) in respect of any failure which is of a continuing nature, $10000 for each day on which the failure

continues,
and in this subsection, reference to an amount equal to a fine at a certain level is a reference to the amount shown in
Schedule 8 to the Criminal Procedure Ordinance (Cap 221) as the amount of a fine of that level for an offence under
an Ordinance.

(4) A financial penalty imposed under this section is recoverable by the Government as a civil debt.
(5) Where the Chief Executive in Council is considering the imposition of a penalty on the Corporation under

this section, he shall not take into account any failure of the Corporation which was considered for the purposes of a
previous imposition of a penalty on the Corporation under this section, unless the Corporation has failed to pay that
previous penalty or to rectify any default that gave rise to the failure in question.

(6) This section does not apply to any provision of this Ordinance the contravention of which is an offence
under this Ordinance.

Part: IV SUSPENSION, REVOCATION AND EXPIRY OF

FRANCHISE, ETC.
L.N. 136 of 2000 30/06/2000





Section: 15 Suspension of franchise L.N. 136 of 2000 30/06/2000


(1) If, on a reference by the Secretary, the Chief Executive in Council considers that-
(a) an emergency exists or is likely to come into existence; or
(b) there is or is likely to be for any reason a substantial breakdown in the operation of the railway, other

than a breakdown that appears to be capable of being remedied within a reasonable period,
and if he considers that it is in the public interest to do so, the Chief Executive in Council may order that the franchise
be suspended either wholly or in part.

(2) Before making any reference to the Chief Executive in Council under subsection (1)(b) the Secretary shall,
as far as is practicable in the circumstances, consult the Corporation in relation to the proposed reference; and the
Secretary shall bring to the attention of the Chief Executive in Council any representations made by the Corporation
during the consultation.

(3) An order for suspension under subsection (1) remains in effect until the Chief Executive in Council orders
the suspension terminated.

(4) Notice in writing of any order made under subsection (1) or (3) shall be given to the Corporation.
(5) Where the franchise is suspended under subsection (1) (whether wholly or in part), the Government, its

nominee or a third party designated by the Government-
(a) may take possession of any property which at the time of such suspension is property used or kept by

the Corporation for the purposes of or in connection with the suspended part of the franchise;
(b) during the course of the suspension, may retain any property taken possession of under paragraph (a)

and may use that property in the operation of the railway as it thinks fit.
(6) The Government is liable to pay compensation-

(a) for the use of, loss of or damage to any property taken possession of under subsection (5); and
(b) except where a franchise is revoked under section 18, for loss or damage of any kind (including

consequential loss) sustained by the Corporation and in any way arising from or attributable to the
suspension of the franchise under subsection (1).

(7) The right conferred under subsection (5) to take possession of property and to use that property in the
operation of the railway includes the right to keep or maintain the property in whatever condition, or to alter the
property in whatever manner, is considered appropriate for that purpose and, without affecting any entitlement to



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 8

compensation under subsection (6), nothing in this Ordinance or any other law imposes on the Government any
obligation in relation to the condition in which property taken under subsection (5) is to be kept or returned.

Section: 15A Suspension of any part of franchise relating to KCRC

Railway
L.N. 200 of 2007 02/12/2007



(1) Section 15(6)(a) does not apply to any Concession Property.
(2) Section 15(6)(b) does not apply to the extent that the loss or damage arises from or is attributable to the

suspension of any part of the franchise relating to the KCRC Railway.
(3) Where any part of the franchise relating to the KCRC Railway is suspended under section 15(1) and the

suspension is attributable to a specified cause-
(a) the Government is liable to pay compensation for the loss of or damage to any Concession Property

taken possession of under section 15(5) in connection with the suspension of that part of the franchise
(but excluding, for the avoidance of doubt, the loss of the right to use or possess that Concession
Property); and

(b) subject to paragraph (a), the Government is not liable to pay compensation for any loss or damage of
any other kind (including consequential loss) sustained by the Corporation and in any way arising from
or attributable to the suspension of that part of the franchise.

(4) Where any part of the franchise relating to the KCRC Railway is suspended under section 15(1) and the
suspension is attributable otherwise than to a specified cause, the Government is liable to pay compensation for-

(a) the loss of or damage to any Concession Property taken possession of under section 15(5) in
connection with the suspension of that part of the franchise (and including, for the avoidance of doubt,
the loss of the right to use or possess that Concession Property); and

(b) any actual loss or damage of any other kind (but excluding, for the avoidance of doubt, any
consequential loss) sustained by the Corporation and resulting directly from or attributable to the
suspension of that part of the franchise.

(5) For the avoidance of doubt, subsections (3) and (4) do not apply to any loss or damage which arises from or
is attributable to the taking possession of any Corporation Common Property under section 15(5), for which
compensation shall be payable under section 15(6).

(6) The amount of any compensation payable under subsection (4) shall be calculated in accordance with the
provisions of the operating agreement relating to the calculation of compensation payable under this section.

(7) In this section and section 15B-
"Corporation Common Property" (港鐵共用財產) means any property (other than Concession Property) which at the

time of the suspension of the franchise or any part of it, is property owned, kept or used by the Corporation for
the purposes of or in connection with the operation of both the KCRC Railway and the Mass Transit Railway,
and which falls within the definition of "Corporation Common Property" in the Service Concession Agreement;

"KCRC Common Property" (九鐵共用財產) means any Concession Property which at the time of the suspension of
the franchise or any part of it, is Concession Property kept or used by the Corporation for the purposes of or in
connection with the operation of both the KCRC Railway and the Mass Transit Railway, and which falls within
the definition of "KCRC Common Property" in the Service Concession Agreement;

"specified cause" (指明原因) means-
(a) anything done or omitted to be done by the Corporation;
(b) a breach of the Service Concession Agreement by the Corporation; or
(c) a breach of the operating agreement by the Corporation.

(Added 11 of 2007 s. 11)

Section: 15B Rights to have access to and use Corporation Common

Property and KCRC Common Property upon suspension
of franchise

L.N. 200 of 2007 02/12/2007



(1) Where the franchise is suspended under section 15(1) (whether wholly or in part), the Government, its
nominee or a third party designated by the Government may have access to any Corporation Common Property and
KCRC Common Property which is not taken possession of under section 15(5), and may use such Corporation
Common Property and KCRC Common Property in the operation of the service and the TSA bus service to the extent



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 9

that they are covered by the suspension in accordance with the provisions of the operating agreement relating to such
use.

(2) Where any part of the franchise is suspended under section 15(1), the Corporation may have access to any
Corporation Common Property and KCRC Common Property which is taken possession of under section 15(5), and
may use such Corporation Common Property and KCRC Common Property in the operation of the service and the
TSA bus service to the extent that they are not covered by the suspension in accordance with the provisions of the
operating agreement relating to such use.

(Added 11 of 2007 s. 11)

Section: 16 Default under franchise L.N. 200 of 2007 02/12/2007


(1) For the purposes of sections 17 and 18, the Corporation is in default under the franchise if- (Amended 11
of 2007 s. 12)

(a) any of the following occurs- (Amended 11 of 2007 s. 12)
(i) there has been a substantial failure by the Corporation to discharge an obligation under the

operating agreement;
(ii) the Corporation has failed or there is a likelihood of its failing substantially to operate the railway

in accordance with this Ordinance; or
(iii) there has been a substantial failure by the Corporation to discharge an obligation under the

Service Concession Agreement which does not amount to a major breach of the Service
Concession Agreement, (Added 11 of 2007 s. 12)

and the failure (or likely failure) results in or is likely to result in-
(A) a substantial breakdown of the service;
(B) the safety of persons travelling on the railway or being on the railway premises being endangered

in a manner likely to result in serious injury to those persons; or
(C) serious injury to or the death of persons travelling on the railway or being on the railway

premises; or
(b) a voluntary winding up of the Corporation is commenced or a winding up order in respect of the

Corporation is made; or
(c) there has been a major breach by the Corporation of the Service Concession Agreement, (Added 11 of

2007 s. 12)
and the expression "default" shall be construed accordingly. (Amended 11 of 2007 s. 12)

(2) For the purposes of subsection (1), there has been a major breach by the Corporation of the Service
Concession Agreement if the Corporation-

(a) makes any default in payment under the Service Concession Agreement;
(b) contravenes any restriction imposed under the Service Concession Agreement on the disposal of the

Concession Property; or
(c) contravenes any prohibition imposed under the Service Concession Agreement on the creation of

security over the Concession Property. (Added 11 of 2007 s. 12)

Section: 17 Defaults capable of remedy L.N. 200 of 2007 02/12/2007


(1) Where it appears to the Secretary that the Corporation is in default, and that the default is one which is
capable of being remedied, the Secretary may serve on the Corporation a notice calling upon the Corporation-

(a) to remedy the default or to take measures or make arrangements to the satisfaction of the Secretary to
ensure that the default is remedied; and

(b) to do so within the period specified in the notice, being a period that is reasonable in the
circumstances, or within a further period as the Secretary may allow.

(2) Unless the circumstances require otherwise, the period specified in a notice served under subsection (1)
shall be a period of 28 days or more.

(3) A default committed by reason of section 16(1)(c) shall not be regarded as one which is capable of being
remedied for the purposes of subsection (1), and no notice shall be served under that subsection in respect of such a
default. (Added 11 of 2007 s. 13)




Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 10

Section: 18 Revocation of franchise L.N. 200 of 2007 02/12/2007


(1) Where-
(a) the Secretary reports to the Chief Executive in Council that the Corporation has failed to comply with a

notice served under section 17;
(b) it appears to the Chief Executive in Council that the Corporation is in default otherwise than by reason

of section 16(1)(c), and the Secretary has reported to the Chief Executive in Council that the default is
not one which is capable of being remedied; or

(c) it appears to the Chief Executive in Council that the Corporation is in default by reason of section
16(1)(c), (Added 11 of 2007 s. 14)

the Chief Executive in Council may direct the Secretary to serve on the Corporation a notice requiring the Corporation
to show cause why an order should not be made under subsection (5). (Amended 11 of 2007 s. 14)

(2) A notice served under subsection (1) shall specify whether it is given in relation to subsection (1)(a), (b) or
(c) and shall, in addition- (Amended 11 of 2007 s. 14)

(a) if given in relation to subsection (1)(a), give particulars of the notice referred to in that paragraph and
brief particulars of the report of the Secretary;

(b) if given in relation to subsection (1)(b) or (c), specify the nature of the default. (Amended 11 of 2007
s. 14)

(3) The Corporation may, within the period of 28 days from the date of service of the notice under subsection
(1), or within a further period as the Chief Executive in Council may allow, make representations in writing to the
Chief Executive in Council showing cause why an order should not be made under subsection (5).

(4) Before making an order under subsection (5) the Chief Executive in Council shall consider any
representations made under subsection (3) and, if applicable, any matter referred to in subsection (6).

(5) Where the Chief Executive in Council is of the opinion that sufficient cause has not been shown as to why
an order under this subsection should not be made, he may, by order-

(a) if it appears to him that the default is one which was capable of being remedied and that-
(i) a notice should have been served under section 17 and was not served, or that the terms of any

notice served were unreasonable; and
(ii) the default is still capable of being remedied,

direct the Secretary to serve a notice, or a further notice, under section 17, in terms determined by the
Chief Executive in Council; or

(b) in any other case of default, if it appears to him just and reasonable to do so, but subject to subsections
(8) and (8A), revoke the franchise. (Amended 11 of 2007 s. 14)

(6) In exercising his powers under subsection (5), the Chief Executive in Council shall take into consideration
the extent to which the default was or is occasioned by circumstances beyond the control of the Corporation.

(7) An order made-
(a) under subsection (5)(a) shall be sent to the Secretary and a copy of the order shall be attached to the

Secretary's notice under section 17;
(b) under subsection (5)(b) shall be served on the Corporation and shall be published in the Gazette, as

soon as practicable after that service.
(8) Where the proceedings described in this section relate to a matter which is the subject of an appeal under

section 53(1), the Chief Executive in Council shall not make an order under subsection (5)(b) until the appeal has been
determined or abandoned.

(8A) Where an order is made under subsection (5)(b) only due to a default committed by reason of section
16(1)(c), the order shall have effect on the franchise only to the extent that the franchise relates to the KCRC
Railways. (Added 11 of 2007 s. 14)

(9) The Government is not liable to pay any compensation in respect of the revocation of the franchise under
this section, except for any compensation payable under section 20.

Section: 19 Use of railway property by Government L.N. 136 of 2000 30/06/2000


(1) Where the franchise is revoked under section 18 or has expired and has not been extended under section 5,
the Government, its nominee or a third party designated by the Government may take possession of any property
which at the time of such revocation or expiry is property used or kept by the Corporation for the purposes of or in
connection with the franchise and may use that property in the operation of the railway as it thinks fit.



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 11

(2) Property taken possession of under subsection (1) may be retained-
(a) for an initial period not exceeding 2 years, as may be determined by the Chief Executive in Council;

and
(b) for such further successive periods not exceeding 6 months each as the Chief Executive in Council

may determine,
and notice of any such determination shall be published in the Gazette.

(3) Subject to subsections (4) and (5), at any time during or upon the expiry of a period of retention under this
section, property taken possession of under subsection (1) may be returned to the Corporation or may be otherwise
disposed of in a manner and upon terms the Chief Executive in Council may think fit.

(4) At any time during the period for which any property is retained under subsection (2), the Corporation may
by notice in writing to the Secretary inform the Government that the Corporation does not wish the property to be
returned to the Corporation, and in that case the Government is not entitled to return the property to the Corporation
under subsection (3).

(5) The right conferred under subsection (1) to take possession of property and to use that property in the
operation of the railway includes the right to keep or maintain the property in whatever condition, or to alter the
property in whatever manner, is considered appropriate for that purpose and, without affecting any entitlement to
compensation under section 20, nothing in this Ordinance or any other law imposes on the Government any obligation
in relation to the condition in which property taken under subsection (1) is to be kept or returned.

(6) For the purpose of, and to the extent necessary to effect, the disposal under subsection (3) of any property
taken possession of under subsection (1) (and for that purpose and to that extent only), title in the property is deemed
to be vested in the Government.

Section: 19A Taking possession of Concession Property by Government

upon revocation or expiry of franchise
L.N. 200 of 2007 02/12/2007



(1) Section 19(1) does not apply to Concession Property.
(2) Where the franchise or that part of it relating to the KCRC Railways is revoked under section 18 or the

franchise has expired and has not been extended under section 5, the Government, its nominee or a third party
designated by the Government may take possession of any Concession Property and use such Concession Property in
the operation of the service and the TSA bus service to the extent that they are covered by the revocation or expiry as
it thinks fit.

(3) Subject to subsections (4) and (5), any Concession Property taken possession of under subsection (2) may
be returned to KCRC or may be otherwise disposed of in a manner and upon terms the Chief Executive in Council
may think fit.

(4) The right conferred under subsection (2) to take possession of any Concession Property and to use such
Concession Property includes the right to keep or maintain such Concession Property in whatever condition or to alter
such Concession Property in whatever manner.

(5) Without affecting any entitlement to compensation under section 19B, nothing in this Ordinance or any
other law imposes on the Government any obligation in relation to the condition in which any Concession Property
taken under subsection (2) is to be kept or returned.

(6) For the purpose of, and to the extent necessary to effect, the disposal under subsection (3) of any
Concession Property taken possession of under subsection (2) (and for that purpose and to that extent only), title in
that Concession Property is deemed to be vested in the Government.

(Added 11 of 2007 s. 15)

Section: 19B Compensation for taking possession of Concession

Property under section 19A
L.N. 200 of 2007 02/12/2007



Where any Concession Property is taken possession of under section 19A(2), the Government is liable to pay
such compensation to the Corporation in relation to that Concession Property as would be required to be paid by
KCRC to the Corporation under the Service Concession Agreement had the Concession Property been taken
possession of by KCRC or redelivered by the Corporation to KCRC under the Service Concession Agreement upon
the termination or expiry of the Service Concession Agreement.

(Added 11 of 2007 s. 15)




Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 12

Section: 19C Rights to have access to and use KCRC Common Property
or Corporation Common Property upon revocation or
expiry of franchise

L.N. 200 of 2007 02/12/2007



(1) Where the franchise or that part of it relating to the KCRC Railways is revoked under section 18 or the
franchise has expired and has not been extended under section 5, the Government, its nominee or a third party
designated by the Government may have access to any Corporation Common Property which is not taken possession
of under section 19(1), and may use such Corporation Common Property in the operation of the service and the TSA
bus service to the extent that they are covered by the revocation or expiry in accordance with the provisions of the
operating agreement relating to such use.

(2) Where that part of the franchise relating to the KCRC Railways is revoked under section 18 and that part of
the franchise relating to the Mass Transit Railway remains in force, the Corporation may have access to any KCRC
Common Property which is taken possession of under section 19A(2), and may use such KCRC Common Property in
the operation of the Mass Transit Railway in accordance with the provisions of the operating agreement relating to
such use.

(3) In this section-
(a) "Corporation Common Property" (港鐵共用財產 ) means any property (other than Concession

Property) which at the time of the revocation of the franchise or that part of it relating to the KCRC
Railways or the expiry of the franchise (as the case may be), is property owned, kept or used by the
Corporation for the purposes of or in connection with the operation of both the KCRC Railway and the
Mass Transit Railway, and which falls within the definition of "Corporation Common Property" in the
Service Concession Agreement;

(b) "KCRC Common Property" (九鐵共用財產) means any Concession Property which at the time of
the revocation of that part of the franchise relating to the KCRC Railways, is Concession Property kept
or used by the Corporation for the purposes of or in connection with the operation of both the KCRC
Railway and the Mass Transit Railway, and which falls within the definition of "KCRC Common
Property" in the Service Concession Agreement.

(Added 11 of 2007 s. 15)

Section: 20 Compensation for use of railway property under section 19 L.N. 136 of 2000 30/06/2000


(1) The Government is liable to pay compensation for the use of, loss of or damage to any property taken
possession of under section 19.

(2) If property taken possession of under section 19 is disposed of under section 19(3) otherwise than by being
returned to the Corporation, compensation is payable in accordance with subsection (1) to the extent that the property
is not replaced or its loss compensated for in some other manner.

(3) Where property taken possession of under section 19 is property that is already in the possession of the
Government, its nominee or a third party designated by the Government by virtue of the exercise of powers conferred
under section 15(5), the amount of any compensation payable under section 15(6) shall be deducted from the amount
of compensation that would otherwise be payable under this section.

(4) Notice given by the Corporation under section 19(4) does not affect the Corporation's entitlement to
compensation under this section and, accordingly, the amount of any compensation payable under this section in
respect of property specified in such a notice shall be calculated as if the property had been disposed of under section
19(3) without that notice having been given.

(5) The amount of any compensation payable to the Corporation under this section shall be calculated in
accordance with the provisions of the operating agreement relating to the calculation of compensation payable under
this section.

Section: 21 Government may be required to take possession of railway

property
L.N. 136 of 2000 30/06/2000



(1) Where there has been any occasion of exercise of the power conferred under section 19(1) to take
possession of property used or kept by the Corporation for the purposes of or in connection with the franchise the
Corporation may, by notice to the Secretary, request the Government to take possession of any other property which



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 13

the Government, its nominee or a third party designated by the Government was entitled to take possession of, but did
not take possession of, under that subsection on that occasion.

(2) A notice under subsection (1) shall be given within a period of 6 months from the occasion on which the
power conferred under section 19(1) was exercised and shall, as regards any property which the Government is
requested to take possession of-

(a) specify the property and its location;
(b) contain information, or be accompanied by documents, verifying that the property was, on the occasion

of the exercise of the power under section 19(1), property which was used or kept by the Corporation
for the purposes of or in connection with the franchise; and

(c) contain all information necessary for the Government to gain access to and take possession of the
property.

(3) Unless there is some legal impediment to its doing so, or it is unable to gain access to the property, the
Government shall take possession of the property specified in the notice referred to in subsection (1).

(4) A taking of possession of property by the Government under this section shall be treated for the purposes of
section 20(1) and (2) as if it were a taking of possession of that property under section 19(1).

(5) For the purpose of, and to the extent necessary to effect, the disposal of any property taken possession of
under subsection (3) (and for that purpose and to that extent only), title in the property is deemed to be vested in the
Government.

(6) No action lies against the Government in respect of the taking of possession of any property under this
section on the ground that the property was not property which the Government was entitled to take possession of
under this section.

Section: 22 Power of entry L.N. 136 of 2000 30/06/2000


The Government, its nominee or a third party designated by the Government may, for the purpose of taking
possession of property under this Part, enter upon any premises where it is reasonably necessary to do so for that
purpose.

Part: V COMPENSATION L.N. 136 of 2000 30/06/2000




Section: 23 Settlement or determination of claim for compensation L.N. 38 of 2011 01/06/2011


(1) The Government may compromise or settle any claim for compensation under this Ordinance.
(2) In default of an agreement between the Government and a claimant as regards the amount of compensation,

if any, payable to the claimant under this Ordinance, the compensation shall be determined by arbitration under the
Arbitration Ordinance (Cap 609).

(3) For the purposes of an arbitration under subsection (2), the Government and the claimant shall be regarded
as having made an arbitration agreement within the meaning of the Arbitration Ordinance (Cap 609) the terms of
which include a provision that the compensation shall, in the absence of an agreement, be determined by a single
arbitrator.

(Amended 17 of 2010 s. 112)

Section: 24 Provisional payment pending determination of

compensation
L.N. 136 of 2000 30/06/2000



(1) Pending any determination of compensation by an arbitrator as provided in section 23, the Government may
pay to a claimant an amount as a provisional payment of the amount, if any, payable under the arbitrator's
determination.

(2) A payment by the Government under subsection (1) in respect of a claim does not prejudice the claim or the
submission of the claim to, or its determination by, the arbitrator under this Part; but the amount of compensation
payable under the arbitrator's determination in respect of the claim shall be reduced by the amount of the payment
made.

(3) Where the amount of compensation payable under a determination of the arbitrator is reduced under



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 14

subsection (2) by the amount of any payment made under subsection (1), only the amount of the compensation as so
reduced bears interest for the purpose of section 25(1).

(4) Where the amount of a payment made by the Government under subsection (1) in respect of a claim
exceeds the amount of the compensation determined by the arbitrator in respect of the claim, the amount of the excess
is recoverable by the Government as a civil debt.

Section: 25 Interest on compensation L.N. 136 of 2000 30/06/2000


(1) Subject to this section and to section 24(3), a sum of money payable as compensation under this Ordinance
bears interest as from the date on which the sum becomes payable until payment of the sum, calculated at a rate equal
to the rate fixed by the Hong Kong Monetary Authority and known as the base rate, less 100 basis points.

(2) At any time after agreement or determination by an arbitrator of an amount of compensation to be paid
under this Ordinance, the Government may, by notice published in the Gazette, require the claimant to collect the
amount within the time and at the place specified in the notice, and in such case no interest is payable under this
Ordinance in respect of the period after the expiry of the time so specified.

(3) No interest is payable under this Ordinance on any costs or remuneration in connection with the arbitration
proceedings.

Part: VI SAFETY OF RAILWAY L.N. 136 of 2000 30/06/2000




Section: 26 Appointment of inspectors L.N. 136 of 2000 30/06/2000


(1) The Secretary may in writing appoint any person as an inspector for the purposes of this Part.
(2) An inspector who is not a public officer may be paid, as a fee for his services, an amount determined by the

Financial Secretary, and that amount shall be paid out of moneys provided for the purpose by the Legislative Council.
(3) When exercising any power, an inspector shall produce evidence of his identity, and of his appointment, to

any person who requests him to do so.
(4) An inspector may take with him other persons whom he reasonably requires to assist him in the exercise of

his powers.

Section: 27 General powers of inspectors L.N. 136 of 2000 30/06/2000


(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 used

in connection with the franchise, any test or inspection he considers expedient;
(c) require a 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 information which the inspector specifies relating to the railway or
any machinery, plant or equipment connected with the railway, and to answer any question or
produce for inspection any document which is necessary for that purpose; and

(iii) to provide a copy of any document which the inspector may require to be produced for inspection
under subparagraph (ii).

(2) Subsection (1) applies to-
(a) the railway, the railway premises and the premises of any contractor or subcontractor who is carrying

out or has carried out any work on the railway; and
(b) any employee of the Corporation and any contractor or subcontractor mentioned in paragraph (a) and

his employees.
(3) The powers conferred by this section or by regulations made under section 33 may be exercised by an

inspector only for the purpose of-
(a) ensuring the safety of the railway or railway premises; or
(b) investigating an accident which involved the railway or which occurred on the railway or on railway



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 15

premises, when the inspector is directed to do so pursuant to those regulations,
and are exercisable in relation to an extension to the railway only if the extension has been brought into operation for
public use.

(4) Nothing in this section requires any person-
(a) to produce any document which he could not be compelled to produce in civil proceedings in the High

Court; or
(b) in complying with any requirement for the furnishing of information, to provide any information which

he could not be compelled to provide in evidence in civil proceedings in the High Court.
(5) An inspector shall not disclose, except to the Secretary, any information obtained pursuant to this section

unless he has given reasonable notice to the Corporation beforehand.
(6) Any person who-

(a) without reasonable 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; or
(c) obstructs an inspector in the exercise of his powers under subsection (1),

commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.

Section: 28 Secretary may require Corporation to carry out works in

interest of safety
L.N. 136 of 2000 30/06/2000



(1) Where in the opinion of the Secretary-
(a) the condition of a part of the railway which has been brought into operation, or of any machinery, plant

or equipment of such part; or
(b) the manner in which the railway or a part of it is being operated,

is such as to cause, or to be likely to cause, a risk of injury to any person, the Secretary may require the Corporation to
carry out work or to take steps to ensure that the condition or manner of operation in question will cease to cause or to
be likely to cause any such risk.

(2) A requirement under subsection (1) shall be effected by notice in writing given to the Corporation, and the
notice-

(a) shall specify the work or steps required to be carried out or taken;
(b) may specify the time before which the Corporation shall commence to carry out the work or take the

steps and the time by which the work or steps must be completed.
(3) If the Corporation fails without reasonable excuse to comply with a notice given under this section the

Corporation commits an offence and is liable to a fine at level 6 and to a further fine of $10000 for each day during
which it is proved that the failure to comply with the notice has continued without reasonable excuse.

(4) A copy of a document which purports to be a notice signed by the Secretary for the purposes of this section-
(a) is admissible in evidence in proceedings for an offence under subsection (3) on its production without

further proof; and
(b) is sufficient evidence of the opinion of the Secretary and of the other matters contained in the

document.

Section: 29 Offence of negligent act or omission by employee L.N. 136 of 2000 30/06/2000


(1) If-
(a) in connection with his duty, an employee of the Corporation negligently does or omits to do anything

in relation to the condition or operation of a part of the railway or railway premises after that part has
come into operation; and

(b) by that act or omission, the safety of a person being on the railway or on railway premises is
endangered, or is likely to be endangered,

the employee commits an offence and is liable-
(i) except as provided in paragraph (ii), to a fine at level 2; or
(ii) if the act or omission results in serious injury to or the death of a person being on the railway or

railway premises, to a fine at level 2 and to imprisonment for 6 months.
(2) For the purposes of this section, negligence is the failure to exercise the care or skill that a reasonable

employee in the situation would exercise.



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 16


Section: 30 Offence of wilfully endangering safety L.N. 136 of 2000 30/06/2000


If-
(a) a person wilfully does or omits to do anything in relation to the railway or railway premises; and
(b) by that act or omission, the safety of any person being on the railway or on railway premises is

endangered, or is likely to be endangered,
the first-mentioned person commits an offence and is liable to a fine at level 6 and to imprisonment for 3 years.

Part: VII TRANSPORT INTERCHANGES L.N. 136 of 2000 30/06/2000




Section: 31 Transport interchanges L.N. 136 of 2000 30/06/2000


(1) The Corporation shall set apart as a transport interchange the whole or a part of any area, space or building,
as the Corporation thinks necessary or expedient for the purpose of effecting and facilitating interchange between the
railway and any other mode of transport.

(2) The Corporation shall, with the agreement of the Commissioner, prepare plans delineating the boundaries of
every transport interchange.

(3) The Corporation may, with the agreement of the Commissioner, vary the boundaries of a transport
interchange from time to time.

(4) Where the boundaries of a transport interchange are varied under subsection (3), the Corporation shall
prepare plans delineating the boundaries of the transport interchange as varied and those plans shall supersede any
previous plans as from the day on which a notice relating to those plans is published under subsection (6), or as from
any later date that may be specified in the notice.

(5) Plans prepared under subsection (2) or (4) shall be numbered, dated and signed and certified by the
Commissioner as being plans of the transport interchange to which they relate, and shall be deposited by the
Corporation in the Land Registry.

(6) The Corporation shall cause a notice of the deposit of plans under subsection (5) to be published in the
Gazette.

Section: 32 Application of other Ordinances L.N. 136 of 2000 30/06/2000


(1) Subject to subsection (2), the Public Bus Services Ordinance (Cap 230) and the Road Traffic Ordinance
(Cap 374) as it applies to private roads apply to and in relation to transport interchanges and roads in transport
interchanges respectively.

(2) If there is any inconsistency between a regulation or bylaw made under this Ordinance in relation to a
transport interchange and a provision of a law specified in subsection (1) then, to the extent of that inconsistency, the
regulation or bylaw prevails.

Part: VIII REGULATIONS AND BYLAWS L.N. 136 of 2000 30/06/2000




Section: 33 Regulations L.N. 200 of 2007 02/12/2007


(1) The Secretary may make regulations for anything that is necessary for the effective carrying out of this
Ordinance, including but not limited to regulations for the purpose of any or all of the following-

(a) controlling and regulating-
(i) the maintenance and operation of the railway by the Corporation; and
(ii) (Repealed 11 of 2007 s. 16)

(b) providing for the obtaining of information from the Corporation for the purpose of section 10;
(c) providing for the keeping of records by the Corporation for the purpose of section 11;
(d) providing for the safety of persons being on the railway or on railway premises;
(e) providing for the investigation of accidents on the railway or on railway premises, or in which the



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 17

railway is involved;
(f) controlling and regulating the use of transport interchanges;
(g) regulating the disposal of lost property on the railway; and
(h) providing for anything which under this Ordinance is to be or may be prescribed.

(1A) The Secretary may make regulations for any or all of the following purposes-
(a) requiring the Corporation to submit to the Commissioner, 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 the
rail and TSA bus service 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;

(b) controlling and regulating the maintenance and operation of the TSA bus service by the Corporation;
and

(c) any connected purposes. (Added 11 of 2007 s. 16)
(1B) Subsection (1A) expires when that part of the franchise relating to the KCRC Railways is revoked under

section 18. (Added 11 of 2007 s. 16)
(1C) Where any regulation is made under subsection (1A)(a) to require the Corporation to submit to the

Commissioner any programme, neither the Commissioner nor any other person shall disclose any information
obtained pursuant to that regulation unless he has consulted the Corporation regarding his intention to do so. (Added
11 of 2007 s. 16)

(2) Regulations made for the purpose of subsection (1)(e)-
(a) may confer powers upon an inspector to compel the giving of information concerning accidents,

including power to summon a person to attend before him for the purpose, and may make provision for
the payment of persons so summoned; and

(b) may require compliance with a summons or requirement made by an inspector, and may prohibit the
obstruction of an inspector, or the giving of false or misleading information.

(3) Regulations made for the purpose of subsection (1)(f) may, in relation to transport interchanges and their
use-

(a) confer powers upon the Commissioner to give directions to the Corporation in respect of the control
and regulation of vehicular and pedestrian traffic and the operation of public transport services, car
parks and parking spaces;

(b) confer powers upon the Commissioner to do any act, or cause any act to be done, which the
Corporation is required or directed to do under the regulations but has failed to do, and to recover any
costs incurred by or incidental to such act from the Corporation as a civil debt;

(c) control and regulate the provision by the Corporation, subject to the approval of the Commissioner, of
adequate, efficient, safe and continuous roads and facilities for-
(i) the use of transport interchanges by vehicles and members of the public;
(ii) the operation of public transport services;
(iii) the parking of vehicles;

(d) confer powers upon the Corporation-
(i) to erect or place traffic signs, road markings and light signals;
(ii) to establish zebra crossings and light signal crossings;
(iii) to alter, suspend or cancel anything done under regulations made for the purposes of this

paragraph,
or to do so subject to the approval of the Commissioner;
(e) confer powers upon the Corporation-

(i) to designate bus stops, light bus stands, taxi ranks, restricted and prohibited zones, car parks and
parking spaces;

(ii) to impose speed limits;
(iii) to alter, suspend or cancel anything done under regulations made for the purposes of this

paragraph,
or to do so subject to the approval of the Commissioner;
(f) confer powers upon the Corporation or any person authorized by the Corporation in that behalf to issue

permits, authorizations, passes and tickets for traffic control or parking purposes;
(g) provide for access to any transport interchange by vehicles and members of the public;
(h) in any case where the prior approval of the Commissioner is required under this Ordinance for the



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 18

doing of any act, authorize the Corporation to do that act without obtaining that prior approval where it
is impracticable to do so;

(i) provide for the powers of the employees of the Corporation, or other persons authorized by the
Corporation in that regard, in controlling and regulating vehicular and pedestrian traffic; and

(j) provide that no compensation is payable to the Corporation for anything done or required to be done
under or by virtue of those regulations which are for the benefit of the operation of the transport
interchanges in serving the railway.

(4) A regulation made under this section may contain such consequential, transitional or saving provision as
may be necessary or expedient in consequence of the expiry of any regulation made under this section. (Added 11 of
2007 s. 16)

Section: 34 Bylaws L.N. 200 of 2007 02/12/2007


(1) The Corporation may, under its common seal, make bylaws for any or all of the following purposes-
(a) prescribing the terms and conditions relating to the use of its service;
(b) controlling and regulating-

(i) the conduct of members of the public using the railway or on railway premises;
(ii) a system for evidencing (whether by the issue of tickets or otherwise) the payment of fares on the

railway and any contract of carriage of passengers on the railway;
(iii) advertising on railway premises; and
(iv) the custody and disposal of property found on railway premises;

(c) protecting the property of the Corporation on railway premises;
(d) in relation to a transport interchange-

(i) controlling and regulating classes of vehicular and pedestrian traffic as may be approved by the
Commissioner;

(ii) controlling and regulating vehicles and the conduct of members of the public at bus stops, light
bus stands and taxi ranks;

(iii) controlling and regulating vehicles and the conduct of members of the public in car parks and at
parking spaces;

(iv) controlling and regulating the conduct of members of the public at other parts of a transport
interchange;

(v) providing for any of the following things to be done subject to the approval of the
Commissioner-
(A) erecting or placing traffic signs, road markings and light signals;
(B) establishing zebra crossings and light signal crossings;
(C) altering, suspending or cancelling anything done under bylaws made for the purposes of

this subparagraph;
(vi) providing for the following things to be done subject to the approval of the Commissioner-

(A) designating bus stops, light bus stands, taxi ranks, restricted and prohibited zones, car parks
and parking spaces;

(B) imposing speed limits;
(C) altering, suspending or cancelling anything done under bylaws made for the purposes of

this subparagraph;
(vii) providing for the issuing of permits, authorizations, passes and tickets for traffic control or

parking purposes and the imposing and collecting of charges for parking;
(viii) providing for-

(A) the towing away, impounding, removal and disposal of any vehicle or thing causing
obstruction in a transport interchange;

(B) the imposition and collection of charges as approved by the Commissioner in respect of any
such towage or removal and of any impounding, storage, detention or service of such
vehicle or thing;

(ix) providing for the limitation or exclusion of liabilities of the Corporation in respect of any loss or
damage to property;

(x) authorizing any person to act on its behalf for the purposes of this paragraph.
(1A) The Corporation may, under its common seal, make bylaws for any or all of the following purposes-



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 19

(a) prescribing the terms upon which any goods or class of goods will be received for carriage by the
Corporation or stored by it including limitations on the liability of the Corporation in respect of the
goods; and

(b) controlling 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 to that part of the railway premises;
(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 bylaw
regarding entry into a restricted area; and

(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. (Added 11 of 2007 s. 17)

(1B) Subsection (1A) expires when that part of the franchise relating to the KCRC Railways is revoked under
section 18. (Added 11 of 2007 s. 17)

(1C) Where the Corporation operates the TSA bus service, the power to make bylaws under subsections (1) and
(1A) shall extend to making bylaws for the purposes of the TSA bus service for any of the matters specified in those
subsections as if the TSA bus service were the service. (Added 11 of 2007 s. 17)

(1D) Nothing in subsection (1C) shall have the effect of deeming premises used in the operation of the TSA bus
service to be the railway premises for the purposes of subsection (1A)(b). (Added 11 of 2007 s. 17)

(1E) Any bylaw made under this section may contain such consequential, transitional or saving provision as may
be necessary or expedient in consequence of the expiry of any bylaw made under this section. (Added 11 of 2007 s.
17)

(2) Bylaws shall not be made under this section which are inconsistent with this Ordinance or regulations made
under this Ordinance.

(3) Bylaws made under this section are subject to the approval of the Legislative Council.
(4) The Corporation shall cause printed copies of all bylaws made under this section to be kept at its registered

office and to be available for sale to any person at a reasonable cost.

Section: 35 Further powers in relation to regulations and bylaws L.N. 200 of 2007 02/12/2007


(1) Regulations made under section 33 or bylaws made under section 34 may confer authority upon employees
of the Corporation or persons authorized by the Corporation in that regard on railway premises or in transport
interchanges-

(a) to detain any person reasonably suspected of having contravened this Ordinance, the regulations or
bylaws and to take such other steps as may be provided for in the regulations or bylaws to ensure that
the person is dealt with in accordance with law;

(b) to stop, search and detain any vehicle in connection with any contravention against this Ordinance, the
regulations or bylaws.

(2) Regulations made under section 33(1)(f) or bylaws made under section 34 may confer powers upon an
employee of the Corporation or any person authorized by the Corporation in that regard-

(a) to request a person suspected of having contravened this Ordinance, the regulations or bylaws to give
his personal particulars to the requestor;

(b) if a vehicle is involved in that contravention, to request the registered owner of the vehicle to give the
personal particulars of the driver of the vehicle at the material time to the requestor.

(3) Regulations made under section 33 or bylaws made under section 34 may provide that a contravention of a
specified provision of the regulations or bylaws is an offence and may prescribe penalties for that contravention not
exceeding a fine at level 2 and imprisonment for 6 months.

(4) Regulations made under section 33 or bylaws made under section 34 which provide 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) are to apply as if that offence was a hawker offence within the
meaning of section 83 of that Ordinance.

(5) Bylaws made under section 34(1)(d) may provide for a fixed penalty to be payable for contravention of any
specified provision of the bylaws and for the recovery of that fixed penalty.

(6) A plan purporting to be certified by the Chief Executive Officer as a plan of a restricted area or as a copy of



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 20

a plan of a restricted area certified by the Chief Executive Officer is admissible in evidence in any proceedings for an
offence against a bylaw made under section 34(1A)(b) on its production without further proof and until the contrary is
proved-

(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;
and

(b) the plan or copy shall be evidence of the area and boundaries of any part or parts of the KCRC
Railways delineated or described in the plan as a restricted area. (Added 11 of 2007 s. 18)


Part: IX VESTING PROVISIONS AND TRANSITIONAL

ARRANGEMENTS
L.N. 136 of 2000 30/06/2000





Section: 36 Interpretation L.N. 163 of 2013 03/03/2014


(1) In this Part, unless the context requires otherwise, "financial year" (財政年度) means a year ending with
31 December, and reference to the last complete financial year of MTRC is a reference to the last financial year of
MTRC ending before the appointed day.

(2) Reference in this Part to property, rights and liabilities of MTRC is a reference to-
(a) property and assets of every description (whether tangible or intangible) and rights and liabilities of

every description (whether present or future, actual or contingent);
(b) property wherever situated or rights and liabilities under the law of any place;
(c) all such property, rights and liabilities, whether or not capable of being transferred or assigned by

MTRC.
(3) In this Part, "Corporation" (地鐵公司) means the company-

(a) which, as at the appointed day, is incorporated, and registered by the name “MTR Corporation
Limited” in English and “地鐵有限公司” in Chinese, under the relevant Ordinance; and
(Amended 28 of 2012 ss. 912 & 920)

(b) the Chinese name of which is changed to "香港鐵路有限公司" on the Merger Date under section
66(1). (Added 11 of 2007 s. 19)


Section: 37 Property, etc. of MTRC to vest in Corporation L.N. 136 of 2000 30/06/2000


Expanded Cross Reference:

38, 39, 40, 41



Vesting


(1) On the appointed day all the property, rights and liabilities to which MTRC was entitled or subject
immediately before that day become by virtue of this section property, rights and liabilities of the Corporation.

(2) Sections 38 to 41 are supplementary to this section and, accordingly, have effect on and from the appointed
day subject to, and without limiting the generality of, subsection (1).

Section: 38 Agreements, transactions, etc. affecting MTRC L.N. 136 of 2000 30/06/2000


Expanded Cross Reference:

39, 40, 41



(1) Any agreement made, transaction effected or other thing done by, to or in relation to MTRC which is in
force or effective immediately before the appointed day shall have effect as from that day as if made, effected or done
by, to or in relation to the Corporation, in all respects as if the Corporation were the same person in law as MTRC.

(2) Accordingly, references (whether express or implied) to MTRC-



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 21

(a) in any agreement made, transaction effected or other thing done by, to or in relation to MTRC
(whether or not in writing);

(b) in any process or other document issued, prepared or employed for the purpose of any proceedings
before any court or other tribunal or authority;

(c) in any other document whatever (other than an enactment) relating to or affecting any property, right
or liability of MTRC which vests by virtue of section 37 in the Corporation,

shall be taken as from the appointed day as referring to the Corporation.
(3) Where immediately before the appointed day there is in force or effective an agreement made, transaction

effected or other thing done by, to or in relation to MTRC which refers (in whatever terms and whether expressly or
by implication) to a person employed by or engaged in the business of MTRC, that agreement, transaction or other
thing shall have effect, in relation to anything falling to be done on or after the appointed day, as if for that reference
there were substituted a reference to such person as the Corporation may appoint or, in default of appointment, to the
person employed by or engaged in the business of the Corporation who corresponds as nearly as may be to the person
employed by or engaged in the business of MTRC in question.

(4) For the avoidance of doubt, reference in this Part to any agreement made, transaction effected or other thing
done by, to or in relation to MTRC includes reference to-

(a) any guarantee, conveyance, deed, lease, licence, notice, permit, document granting or comprising any
security, bond, mandate, instruction and other document or instrument entered into by, given to or by
or addressed to MTRC;

(b) any instruction, order, direction, mandate, power of attorney, authority, undertaking or consent given
to or by MTRC, whether alone or jointly with another person and whether in writing or not;

(c) any direction, order or notice made under any legislation;
(d) any contract to which MTRC was not a party;
(e) any entry on any register.

(5) Sections 39 to 41 are for the avoidance of doubt and do not affect the generality of this section.

Section: 39 Security L.N. 136 of 2000 30/06/2000


(1) Any security held immediately before the appointed day by MTRC, or by a person as nominee of, agent of
or trustee for MTRC, shall be held by the Corporation, or by that person as nominee of, agent of or trustee for the
Corporation (as the case may require), and shall be available to the Corporation (whether for its own benefit or for the
benefit of any other person, as the case may be).

(2) In relation to any security vested in the Corporation by virtue of this Part and any liabilities secured by the
security, the Corporation shall be entitled to the rights and priorities, and shall be subject to the obligations and
incidents, which MTRC would have been entitled to and subject to if it had continued to hold the security.

(3) In this section, "security" (抵押) means any interest, legal or equitable, by means of which the payment or
discharge of a debt or liability (whether present or future, actual or contingent) is secured, whether or not that interest
is evidenced in writing.

Section: 40 Miscellaneous supplementary provisions L.N. 136 of 2000 30/06/2000


(1) The Corporation and all other persons have the same rights, powers and remedies for ascertaining,
perfecting or enforcing any right or liability vested in the Corporation by virtue of this Part as they would have had if
that right or liability had at all times been a right or liability of the Corporation; and in this subsection reference to
rights and powers includes in particular a reference to rights and powers as to the taking or resisting of legal
proceedings or the making or resisting of applications to any authority.

(2) Any legal proceedings or applications to any authority pending or commenced by or against MTRC shall be
continued by or against the Corporation to the exclusion of MTRC.

(3) Any judgment or award obtained by or against MTRC and not fully satisfied before the appointed day is
enforceable by or against the Corporation to the extent that it was enforceable by or against MTRC immediately
before that date.

(4) The functions of MTRC under any Ordinance as in force immediately before the appointed day which-
(a) relates to any part of the business of MTRC; or



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 22

(b) authorizes the carrying out of works designed to be used in connection with any part of the business of
MTRC or the acquisition of land for the purpose of carrying out any such works,

become the functions of the Corporation for the purposes of that Ordinance.

Section: 41 Employment-related matters L.N. 136 of 2000 30/06/2000


(1) The effect of section 37 in relation to any contract of employment with MTRC in force immediately before
the appointed day is merely to modify that contract (as from that day) by substituting the Corporation for MTRC and,
accordingly, employment with MTRC and the Corporation under a contract of employment to which that section
applies is deemed for all purposes to be a single continuing employment.

(2) Section 37 is effective to vest in the Corporation the rights and liabilities of MTRC under any agreement
made, transaction effected or other thing done by, to or in relation to MTRC (including under the pay review
mechanism which has been adopted by MTRC and effective immediately before the appointed day) for the payment of
pensions, allowances, gratuities and benefits of every description along with all other rights and liabilities of MTRC
and, accordingly-

(a) any deed, rule, certificate, registration, exemption or other document constituting or relating to the
Mass Transit Railway Corporation Retirement Scheme, the Mass Transit Railway Corporation
Retention Bonus Scheme and the U.K. Office Retirement Scheme established for the benefit of
employees of MTRC or any other body corporate related to MTRC; or

(b) any entitlement to gratuities or benefits payable by MTRC,
in force or effective immediately before the appointed day is construed and has effect, so far as the context allows, as
if reference in that document to MTRC was a reference to the Corporation and as if that entitlement was payable by
the Corporation.

(3) No member of the Board of MTRC or auditor of MTRC becomes by virtue only of section 37 or 38 a
director or auditor of the Corporation.

Section: 42 Share capital L.N. 163 of 2013 03/03/2014


Matters relating to Corporation as a company


(1) The Corporation shall, on the appointed day, issue shares to the Financial Secretary Incorporated which
shall be held by the Financial Secretary Incorporated in trust on behalf of the Government.

(2) Shares issued in pursuance of this section-
(a) shall each be of a par value of an amount that the Financial Secretary directs and shall carry such rights

as he determines;
(b) shall be issued at par as fully paid and shall be treated as if they had been paid up in cash as to the par

value; and
(c) shall have an aggregate par value of not more than the aggregate par value of the issued shares of

MTRC immediately before the appointed day.
(3) (Repealed 28 of 2012 ss. 912 & 920)


Section: 43 Financial statements* L.N. 163 of 2013 03/03/2014


(1) For the purpose of any financial statements prepared by the Corporation for the purposes of the Companies
Ordinance (Cap 622)- (Amended 28 of 2012 ss. 912 & 920)

(a) the Corporation shall be treated, on and from the appointed day, as if it were the continuation of
MTRC;

(b) the value of any asset and the amount of any liability of MTRC vested in the Corporation by virtue of
this Part is taken to be the value assigned to that asset or the amount assigned to that liability in the
audited accounts of MTRC for the last complete financial year of MTRC; and

(c) the amount to be included in respect of any item is determined as if anything done by MTRC (whether
by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any
liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the
Corporation.

(2) Accordingly (and without affecting the generality of subsection (1))-



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 23

(a) the amount to be included from time to time in any reserves of the Corporation as representing the
Corporation's accumulated realised profits is determined as if the profits realised and retained by
MTRC had been realised and retained by the Corporation;

(b) every other reserve or provision of MTRC becomes a reserve or provision of the Corporation; and
(c) the amount, description and character of every reserve or provision of the Corporation which becomes

a reserve or provision of the Corporation pursuant to paragraph (b) is the same in all respects as those
of the corresponding reserve or provision of MTRC immediately before the appointed day.

(3) Without affecting the generality of subsection (1), on and from the appointed day all profits or losses of
MTRC earned or incurred after the beginning of the financial year of MTRC in which the appointed day occurs are
treated as profits or losses of the Corporation.

(4) For the purposes of the financial statements of the Corporation prepared for the purposes of the Companies
Ordinance (Cap 622), the vesting in the Corporation effected by virtue of this Part is taken- (Amended 28 of 2012 ss.
912 & 920)

(a) to have been effected immediately after the end of the last complete financial year of MTRC; and
(b) to have been a vesting of all the property, rights and liabilities to which MTRC was entitled or subject

immediately before the end of the last complete financial year of MTRC.
(5) (Repealed 28 of 2012 ss. 912 & 920)

________________________________________________________________________________
Note:
* (Replaced 28 of 2012 ss. 912 & 920)

Section: 44 Distribution of dividend L.N. 163 of 2013 03/03/2014


(1) For the purpose of a relevant distribution that is made by the Corporation during the financial year of the
Corporation which includes the appointed day or at any time before any accounts are laid or filed in respect of
that year—
(a) sections 79F to 79L of the relevant Ordinance have effect as if—

(i) any reference in those sections to the company’s accounts were a reference to the accounts of
MTRC; and

(ii) any reference in those sections to the company’s last annual accounts or to the initial accounts of the
company were a reference to the accounts of MTRC prepared in accordance with section 16 of the
repealed Ordinance in respect of the last complete financial year of MTRC;

(b) the accounts of MTRC mentioned in paragraph (a)(ii) are regarded as satisfying the requirements of
sections 79G and 79I of the relevant Ordinance.

(2) In this section—
relevant distribution (有關分發) means any distribution to which Part IIA of the relevant Ordinance applied.

(Replaced 28 of 2012 ss. 912 & 920)

Section: 45 Taxation E.R. 1 of 2012 09/02/2012


Taxation and revenue matters


(1) For the purposes of the Inland Revenue Ordinance (Cap 112), on and from the appointed day the
Corporation is treated as if it were the continuation of and the same person in law as MTRC.

(2) Accordingly (and without affecting the generality of subsection (1))-
(a) a vesting in the Corporation of any property, right or liability by virtue of this Part does not constitute a

sale or other disposal of or a change in the nature of that property, right or liability for any purpose
under the Inland Revenue Ordinance (Cap 112);

(b) the aggregate amount of any losses sustained by MTRC which are capable of but have not been carried
forward and set off against assessable profits of MTRC for the purposes of section 19C of the Inland
Revenue Ordinance (Cap 112) as at the end of the last complete financial year of MTRC are deemed to
be losses of the Corporation and, accordingly, available for set off against the assessable profits of the
Corporation (or the Corporation's share of assessable profits of a partnership in which it is a partner)
for the purposes of that Ordinance.



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 24

(3) The profits of MTRC treated as profits of the Corporation in accordance with section 43(3)-
(a) shall not be taken into account for the purpose of computing the profits of MTRC which are chargeable

to tax under Part 4 of the Inland Revenue Ordinance (Cap 112) for any year of assessment; and
(b) shall be taken into account for the purpose of computing the profits of the Corporation which are

chargeable to tax under Part 4 of the Inland Revenue Ordinance (Cap 112) for the year of assessment
the basis period for which includes the appointed day.

(Amended E.R. 1 of 2012)

Section: 46 Stamp duty L.N. 136 of 2000 30/06/2000


No stamp or other duty is chargeable in respect of the transfer or vesting of any property or rights taking effect
by virtue of this Part.

Section: 47 Interests in land 16 of 2004 09/07/2004


Miscellaneous


The vesting in the Corporation of an interest in land by virtue of this Part does not-
(a) constitute an acquisition, disposal, assignment, transfer or parting with possession of that interest for

the purposes of section 53(4)(a) or (7)(a) of the Landlord and Tenant (Consolidation) Ordinance (Cap
7); (Amended 16 of 2004 s. 16)

(b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other
disposition of that interest for the purposes of any instrument concerning or affecting that interest;

(c) operate as a breach of covenant or condition against alienation;
(d) give rise to any right of pre-emption, right of forfeiture, right of re-entry, option, damages or other

right of action affecting land;
(e) invalidate or discharge any contract or security;
(f) operate so as to merge any leasehold interest in the reversion expectant on it;
(g) extinguish, affect, vary, diminish or postpone any priority of that interest, whether under the Land

Registration Ordinance (Cap 128), at law or in equity.

Section: 48 Perfection of vesting of foreign property, rights and

liabilities
L.N. 136 of 2000 30/06/2000



(1) MTRC and the Corporation shall take, as and when the Corporation considers appropriate, all steps
necessary or desirable for securing that the vesting in the Corporation under this Part of any foreign property, right or
liability is effective under the relevant foreign law.

(2) Until the vesting of any foreign property, right or liability of MTRC in the Corporation becomes effective
under the relevant foreign law, MTRC shall hold that property or right for the benefit of, and discharge that liability on
behalf of, the Corporation.

(3) Any costs and expenses incurred by MTRC under this section shall be met by the Corporation.
(4) Nothing in subsection (1) or (2) shall be taken as prejudicing the effect under the laws of Hong Kong of the

vesting in the Corporation by virtue of section 37 or this section of any foreign property, right or liability.
(5) In this section, reference to any foreign property, right or liability is a reference to any property, right or

liability in respect of which any issue arising in any proceedings would have to be determined (in accordance with the
rules of private international law) by reference to the law of a place outside Hong Kong.

Section: 49 Evidence of vesting L.N. 136 of 2000 30/06/2000


(1) The production of a Government Printer's copy, or a document certified by a solicitor to be a true copy of a
Government Printer's copy, of this Ordinance shall be conclusive evidence for all purposes of any vesting effected by
virtue of this Part.

(2) Without affecting the generality of subsection (1), a certificate given by or on behalf of the Corporation on
or after the appointed day that any property, right or liability specified in the certificate (being property or a right or



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 25

liability which immediately before the appointed day was that of MTRC) is vested in the Corporation under this Part is
conclusive evidence for all purposes of the fact so certified.

(3) The Corporation shall register or cause to be registered in the Land Registry a Government Printer's copy of
this Ordinance in respect of the vesting of the properties of MTRC in the Corporation.

Section: 50 Waiver of prohibition of vesting L.N. 136 of 2000 30/06/2000


A provision contained in any deed, contract or other document-
(a) prohibiting or having the effect of prohibiting the vesting under this Part; or
(b) to the effect that a default shall occur or be deemed to occur, or any right or liability shall cease, as a

result of the vesting under this Part,
and to which MTRC is a party, is deemed to have been waived.

Section: 51 Evidence: books and documents L.N. 136 of 2000 30/06/2000


(1) Books and other documents which would, before the appointed day, have been evidence in respect of any
matter for or against MTRC are admissible in evidence in respect of the same matter for or against the Corporation.

(2) In this section "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap
8).

Section: 52 MTRC to continue in existence until dissolved L.N. 106 of 2002 01/07/2002


(1) Despite the repeal effected by section 64, MTRC continues in existence after the appointed day until it is
dissolved in accordance with subsection (3), and in this section the period of that continued existence is referred to as
"the transitional period".

(2) During the transitional period, and despite the repeal effected by section 64-
(a) sections 4 and 9 of the repealed Ordinance, modified as set out in Schedule 1, continue to have effect

to and in relation to MTRC;
(b) section 16 of the repealed Ordinance continues to apply in relation to the preparation and auditing of

accounts in respect of the last complete financial year of MTRC, and MTRC shall prepare those
accounts in accordance with that section,

as if section 64 had not been enacted.
(3) As soon as he is satisfied that nothing further remains to be done by MTRC under this Ordinance, and after

consulting MTRC and the Corporation, the Secretary for Transport may, by notice published in the Gazette, dissolve
MTRC on a day he specifies in the notice. (Amended L.N. 106 of 2002)

(4) The costs and expenses arising from the continuation of MTRC under this section and incurred by MTRC
shall be borne by the Corporation.

Part: IXA VESTING OF CERTAIN RIGHTS AND LIABILITIES

OF KCRC IN CORPORATION
L.N. 200 of 2007 02/12/2007



(Part IXA added 11 of 2007 s. 20)

Section: 52A Interpretation of Part IXA L.N. 200 of 2007 02/12/2007


In this Part-
"contract" (合約) includes any agreement, bond, guarantee or security made or given orally, in writing, by deed, by

conduct or otherwise;
"liabilities" (法律責任) includes obligations;
"relevant date" (有關日期)-

(a) in relation to a contract or a contract of a class of contracts specified in a Vesting Notice, means the
date specified in the Vesting Notice for the purposes of section 52B(1);

(b) in relation to a contract or a contract of a class of contracts specified in a Re-vesting Notice, means the



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 26

date specified in the Re-vesting Notice for the purposes of section 52C(1);
(c) in relation to a contract or document to which section 52D or 52E applies, means the Merger Date;
(d) in relation to any security to which section 52F applies, means the date on which the rights in respect

of which the security is held are vested in the Corporation or KCRC under section 52B or 52C (as the
case may be);

"relevant rights and liabilities" (有關的權利及法律責任), in relation to a contract or document to which section
52B, 52D, 52E or 52F(1) applies, means the rights and liabilities vested in the Corporation under section 52B,
52D, 52E or 52F(1) (as the case may be);

"Re-vesting Notice" (再轉歸公告) means a notice made by the Secretary under section 52C(3);
"security" (抵押) means any interest, legal or equitable, by means of which the payment or discharge of a debt or

liability (whether present or future, actual or contingent) is secured, whether or not that interest is evidenced in
writing;

"Vesting Notice" (轉歸公告) means a notice made by the Secretary under section 52B(3).
(Added 11 of 2007 s. 20)


Section: 52B Vesting of certain contractual rights and liabilities of

KCRC in Corporation
L.N. 200 of 2007 02/12/2007



(1) Where a contract or a class of contracts is specified in a Vesting Notice-
(a) the rights which are exercisable by KCRC at any time on or after the relevant date under the terms of

the contract or a contract of the class of contracts; and
(b) the liabilities which are to be discharged by KCRC at any time on or after the relevant date under the

terms of the contract or a contract of the class of contracts,
shall vest in the Corporation by virtue of this subsection on that date.

(2) Where a right is exercisable by KCRC before, on and after the relevant date under the terms of a contract or
a contract of a class of contracts specified in a Vesting Notice, subsection (1) does not apply to the right which is
exercisable by KCRC in respect of the period before the relevant date.

(3) The Secretary may make a Vesting Notice for the purposes of subsection (1).
(4) A Vesting Notice made under subsection (3) shall be published in the Gazette as a general notice.

(Added 11 of 2007 s. 20)

Section: 52C Re-vesting of certain contractual rights and liabilities in

KCRC
L.N. 200 of 2007 02/12/2007



(1) Where a contract or a class of contracts which has been specified in a Vesting Notice is specified in a Re-
vesting Notice-

(a) the rights which are exercisable by the Corporation at any time on or after the relevant date under the
terms of the contract or a contract of the class of contracts; and

(b) the liabilities which are to be discharged by the Corporation at any time on or after the relevant date
under the terms of the contract or a contract of the class of contracts,

shall vest in KCRC by virtue of this subsection on that date.
(2) Where a right is exercisable by the Corporation before, on and after the relevant date under the terms of a

contract or a contract of a class of contracts specified in a Re-vesting Notice, subsection (1) does not apply to the right
which is exercisable by the Corporation in respect of the period before the relevant date.

(3) The Secretary may make a Re-vesting Notice for the purposes of subsection (1) where-
(a) the franchise is revoked under section 18;
(b) that part of the franchise relating to the KCRC Railways is revoked under section 18;
(c) the franchise has expired and has not been extended under section 5; or
(d) both KCRC and the Corporation agree that it is necessary to make a Re-vesting Notice.

(4) A Re-vesting Notice made under subsection (3) shall be published in the Gazette as a general notice.
(Added 11 of 2007 s. 20)





Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 27

Section: 52D Employment contracts L.N. 200 of 2007 02/12/2007


(1) All rights and liabilities to which KCRC was entitled or subject immediately before the relevant date under
any contract of employment entered into with KCRC which was in force immediately before the relevant date shall
vest in the Corporation by virtue of this subsection on that date.

(2) Employment with KCRC and the Corporation under a contract of employment to which subsection (1)
applies is deemed for all purposes to be a single continuing employment.

(3) No member of the managing board of KCRC or auditor of KCRC becomes by virtue only of subsection (1)
a director or auditor of the Corporation.

(Added 11 of 2007 s. 20)

Section: 52E Pension fund schemes, etc. L.N. 200 of 2007 02/12/2007


(1) All rights and liabilities to which KCRC was entitled or subject immediately before the relevant date under
any specified instrument shall vest in the Corporation by virtue of this subsection on that date.

(2) In subsection (1), "specified instrument" (指明文書) means any contract or other document-
(a) which-

(i) constitutes or relates to any pension fund scheme, provident fund scheme or any other retirement
benefits scheme established for the benefit of employees of KCRC; or

(ii) relates to any gratuity benefits payable by KCRC; and
(b) which was in force immediately before the relevant date.

(Added 11 of 2007 s. 20)

Section: 52F Security L.N. 200 of 2007 02/12/2007


(1) In relation to a contract to which section 52B(1) applies, any security held immediately before the relevant
date by KCRC, or by a person as nominee of, agent of or trustee for KCRC, in respect of the rights under the contract
which are vested in the Corporation under that section, shall be held by the Corporation, or by that person as nominee
of, agent of or trustee for the Corporation (as the case may require) as from that date, and shall be available to the
Corporation (whether for its own benefit or for the benefit of any other person, as the case may be) as from that date.

(2) In relation to any security vested in the Corporation by virtue of subsection (1) and any liabilities secured
by the security, the Corporation shall be entitled to the rights and priorities, and shall be subject to the obligations and
incidents, which KCRC would have been entitled to and subject to if it had continued to hold the security.

(3) In relation to a contract to which section 52C(1) applies, any security held immediately before the relevant
date by the Corporation, or by a person as nominee of, agent of or trustee for the Corporation, in respect of the rights
under the contract which are vested in KCRC under that section, shall be held by KCRC, or by that person as nominee
of, agent of or trustee for KCRC (as the case may require) as from that date, and shall be available to KCRC (whether
for its own benefit or for the benefit of any other person, as the case may be) as from that date.

(4) In relation to any security vested in KCRC by virtue of subsection (3) and any liabilities secured by the
security, KCRC shall be entitled to the rights and priorities, and shall be subject to the obligations and incidents,
which the Corporation would have been entitled to and subject to if it had continued to hold the security.

(Added 11 of 2007 s. 20)

Section: 52G Supplementary provisions relating to vesting or re-vesting

under this Part
L.N. 200 of 2007 02/12/2007



(1) A contract or other document to which section 52B, 52D, 52E or 52F(1) applies shall, to the extent of the
relevant rights and liabilities, have effect as from the relevant date as if the Corporation is a party to the contract or
document in all respects and as if the Corporation were the same person in law as KCRC.

(2) Accordingly, references (whether express or implied) to KCRC in the contract or document referred to in
subsection (1) shall, to the extent of the relevant rights and liabilities, be taken as from the relevant date as referring to
the Corporation.

(3) Where the contract or document referred to in subsection (1) refers (in whatever terms and whether
expressly or by implication) to a person employed by or engaged in the business of KCRC, it shall have effect, to the



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 28

extent of the relevant rights and liabilities and in relation to anything falling to be done on or after the relevant date, as
if for that reference there were substituted a reference to such person as the Corporation may appoint or, in default of
appointment, to the person employed by or engaged in the business of the Corporation who corresponds as nearly as
may be to the person employed by or engaged in the business of KCRC in question.

(4) A contract to which section 52C or 52F(3) applies shall, to the extent of the rights and liabilities vested in
KCRC by virtue of section 52C or 52F(3) (as the case may be), have effect as from the relevant date as if KCRC is a
party to the contract in all respects and as if KCRC were the same person in law as the Corporation.

(5) The Corporation and all other persons have the same rights, powers and remedies for ascertaining,
perfecting or enforcing any right or liability vested in the Corporation by virtue of section 52B, 52D, 52E or 52F(1) as
they would have had if that right or liability had at all times been a right or liability of the Corporation.

(6) KCRC and all other persons have the same rights, powers and remedies for ascertaining, perfecting or
enforcing any right or liability vested in KCRC by virtue of section 52C or 52F(3) as they would have had if that right
or liability had at all times been a right or liability of KCRC.

(7) In subsections (5) and (6), a reference to rights and powers includes a reference to rights and powers as to
the taking or resisting of legal proceedings or the making or resisting of applications to any authority.

(Added 11 of 2007 s. 20)

Section: 52H Evidence of vesting L.N. 200 of 2007 02/12/2007


(1) The production of a Government Printer's copy, or a document certified by a solicitor to be a true copy of a
Government Printer's copy, of this Ordinance is conclusive evidence for all purposes of any vesting (other than any
vesting effected under section 52B or 52C) effected under this Part.

(2) The production of a Government Printer's copy, or a document certified by a solicitor to be a true copy of a
Government Printer's copy, of this Ordinance and of a Vesting Notice is conclusive evidence for all purposes of any
vesting effected under section 52B to which the Vesting Notice relates.

(3) The production of a Government Printer's copy, or a document certified by a solicitor to be a true copy of a
Government Printer's copy, of this Ordinance and of a Re-vesting Notice is conclusive evidence for all purposes of
any vesting effected under section 52C to which the Revesting Notice relates.

(Added 11 of 2007 s. 20)

Section: 52I Waiver of prohibition of vesting L.N. 200 of 2007 02/12/2007


(1) A provision contained in any contract or other document-
(a) prohibiting or having the effect of prohibiting the vesting under section 52B, 52D, 52E or 52F(1); or
(b) to the effect that a default shall occur or be deemed to occur, or any right or liability shall cease, as a

result of the vesting under section 52B, 52D, 52E or 52F(1),
and to which KCRC is a party, is deemed to have been waived.

(2) A provision contained in any contract or other document-
(a) prohibiting or having the effect of prohibiting the vesting under section 52C or 52F(3); or
(b) to the effect that a default shall occur or be deemed to occur, or any right or liability shall cease, as a

result of the vesting under section 52C or 52F(3),
and to which the Corporation is a party, is deemed to have been waived.

(Added 11 of 2007 s. 20)

Section: 52J Evidence: books and documents L.N. 200 of 2007 02/12/2007


(1) In relation to any matter concerning any right or liability under a contract vested in the Corporation under
section 52B, 52D, 52E or 52F(1), books and other documents which would, before the relevant date, have been
evidence in respect of that matter for or against KCRC are admissible in evidence in respect of the same matter for or
against the Corporation.

(2) In relation to any matter concerning any right or liability under a contract vested in KCRC under section
52C or 52F(3), books and other documents which would, before the relevant date, have been evidence in respect of
that matter for or against the Corporation are admissible in evidence in respect of the same matter for or against
KCRC.



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 29

(3) In this section, "documents" (文件) has the same meaning as in section 46 of the Evidence Ordinance (Cap
8).

(Added 11 of 2007 s. 20)

Section: 52K Perfection of vesting of foreign rights and liabilities L.N. 200 of 2007 02/12/2007


(1) KCRC and the Corporation shall take, as and when the Corporation considers appropriate, all steps
necessary or desirable for securing that the vesting in the Corporation under this Part of any foreign right or liability is
effective under the relevant foreign law.

(2) Until the vesting of any foreign right or liability of KCRC in the Corporation becomes effective under the
relevant foreign law, KCRC shall hold that right for the benefit of, and discharge that liability on behalf of, the
Corporation.

(3) Any costs and expenses incurred by KCRC under subsections (1) and (2) shall be met by the Corporation.
(4) KCRC and the Corporation shall take, as and when KCRC considers appropriate, all steps necessary or

desirable for securing that the vesting in KCRC under this Part of any foreign right or liability is effective under the
relevant foreign law.

(5) Until the vesting of any foreign right or liability of the Corporation in KCRC becomes effective under the
relevant foreign law, the Corporation shall hold that right for the benefit of, and discharge that liability on behalf of,
KCRC.

(6) Any costs and expenses incurred by the Corporation under subsections (4) and (5) shall be met by KCRC.
(7) Nothing in this section shall be taken as prejudicing the effect under the laws of Hong Kong of the vesting

in the Corporation or KCRC by virtue of this Part of any foreign right or liability.
(8) In this section, a reference to any foreign right or liability is a reference to any right or liability in respect of

which any issue arising in any proceedings would have to be determined (in accordance with the rules of private
international law) by reference to the law of a place outside Hong Kong.

(Added 11 of 2007 s. 20)

Section: 52L Resolution of dispute L.N. 200 of 2007 02/12/2007


(1) The Corporation and KCRC shall take all steps necessary or reasonable to cooperate with each other in any
mediation, arbitration or legal proceedings involving KCRC, the Corporation and any party to a contract specified in a
Vesting Notice or Re-vesting Notice, or a contract of a class of contracts specified in such a Notice, which may arise
from any dispute regarding the contract.

(2) Subsection (1) does not apply where the dispute regarding the contract is-
(a) a dispute only as between KCRC and the Corporation; or
(b) a dispute between, on the one hand, one of those corporations and, on the other hand, the other

corporation and another party to the contract.
(Added 11 of 2007 s. 20)


Part: X MISCELLANEOUS L.N. 136 of 2000 30/06/2000




Section: 53 Appeal to Chief Executive in Council L.N. 200 of 2007 02/12/2007


(1) This section applies to any decision of the Secretary or the Commissioner, or any person authorized by
either of them, which is made under any provision of this Ordinance other than section 15(5), 15B(1), 19(1), 19A(2),
19C(1), 22, 26 or 33. (Amended 11 of 2007 s. 21)

(2) If the Corporation is aggrieved by any decision to which this section applies the Corporation may, within 28
days after the making of the decision, appeal by petition to the Chief Executive in Council.

(3) The decision of the Chief Executive in Council on any appeal under this section is final.
(4) Where the Corporation appeals under this section, the decision under appeal shall not have effect until the

appeal has been determined, unless the Chief Executive in Council directs otherwise.
(5) Any person who has made a decision to which this section applies shall, if so requested by the Corporation,

and within a period that is reasonable in the circumstances, furnish the Corporation with reasons for his decision.



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 30

(6) In this section, reference to a decision made by any person includes reference to a direction given or a
requirement imposed by that person.

Section: 54 Application of certain laws to Corporation L.N. 136 of 2000 30/06/2000


(1) The Public Health and Municipal Services Ordinance (Cap 132) does not apply to the Corporation, in
relation to the provision of a service under the franchise, to the extent set out in Schedule 2.

(2) The Building Authority may-
(a) having regard to the exceptional nature of building or other works connected with the operation or

construction of the railway; and
(b) on such conditions as he may specify, either generally or in any particular case,

exempt any of those works from any provision of the Buildings Ordinance (Cap 123).
(3) Except as provided in subsection (2), the Buildings Ordinance (Cap 123) applies to any building or other

works carried out by or on behalf of the Corporation.

Section: 54A Disapplication of section 54(1) during Concession Period L.N. 200 of 2007 02/12/2007


During the Concession Period, section 54(1) (insofar as it relates to sections 3 and 4 of Schedule 2) does not
apply in relation to any part of the franchise relating to the KCRC Railways.

(Added 11 of 2007 s. 22)

Section: 54B Application of section 11 of Tramway Ordinance during

Concession Period
L.N. 200 of 2007 02/12/2007



During the Concession Period, section 11 of the Tramway Ordinance (Cap 107) applies 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 the North-west Railway.

(Added 11 of 2007 s. 22)

Section: 54C Public Bus Services Ordinance not to apply to TSA bus

service during Concession Period
L.N. 200 of 2007 02/12/2007



(1) During the Concession Period, the Public Bus Services Ordinance (Cap 230) does not apply to the TSA bus
service 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.

(2) Section 53 of this Ordinance applies to a decision, direction or requirement of the Commissioner given
under section 16(1)(b), 19 or 20 of the Public Bus Services Ordinance (Cap 230) in respect of the TSA bus service as
if the decision, direction or requirement were a decision of the Commissioner made under this Ordinance.

(3) Neither the Commissioner nor any other person shall disclose any information relating to the TSA bus
service obtained pursuant to section 18 of the Public Bus Services Ordinance (Cap 230) unless he has consulted the
Corporation regarding his intention to do so.

(4) The powers conferred by section 21(1)(a) of the Public Bus Services Ordinance (Cap 230) may be exercised
in respect of the TSA bus service only for the purpose of-

(a) ensuring the safety of the TSA bus service; or
(b) investigating an accident which involved a bus used in the operation of the TSA bus service.

(5) No person shall disclose, except to the Commissioner, any information obtained through an inspection
conducted in respect of the TSA bus service under section 21(1)(a) of the Public Bus Services Ordinance (Cap 230)
unless he has given reasonable notice to the Corporation beforehand.

(6) In this section, "TSA bus service" (西北鐵路巴士服務) means the service provided through the operation
of bus services within the North-west Transit Service Area by the Corporation.

(Added 11 of 2007 s. 22)



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 31


Section: 55 Railway premises are public places L.N. 136 of 2000 30/06/2000


For the avoidance of doubt, and without affecting any other Ordinance, it is declared that the railway premises
and transport interchanges are public places for the purposes of the Public Order Ordinance (Cap 245).

Section: 56 Corporation may prosecute in its name L.N. 136 of 2000 30/06/2000


Without affecting any Ordinance relating to the prosecution of criminal offences or 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.

Section: 57 No civil liability for breach of statutory duty L.N. 136 of 2000 30/06/2000


(1) No breach of any duty of the Corporation created by or pursuant to this Ordinance gives rise to any civil
liability.

(2) Subsection (1) does not affect any civil liability of the Corporation for negligence or otherwise which arises
independently of a breach of any duty of the Corporation created by or pursuant to this Ordinance, regardless whether
the circumstances giving rise to such civil liability would also be a breach of any duty created by or pursuant to this
Ordinance.

Section: 58 Proceeds from sale, etc. of Government's shares in

Corporation
L.N. 12 of 2003 01/04/2003



(1) Except as provided in subsection (2), monies received by the Financial Secretary Incorporated as the person
holding shares in the Corporation, or from the sale of or other dealing in shares in the Corporation which are held by
the Financial Secretary Incorporated, form part of the general revenue.

(2) Expenses incurred by the Financial Secretary Incorporated in connection with-
(a) the acquisition of shares in the Corporation;
(b) the holding of shares in the Corporation, or the sale of or other dealing in shares in the Corporation

held by the Financial Secretary Incorporated;
(c) the listing of any shares in the Corporation on a recognized stock market or a specified stock exchange

as these terms are defined in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance
(Cap 571), (Replaced 5 of 2002 s. 407)

may be defrayed from the monies specified in subsection (1), and any amount applied or retained for that purpose does
not form part of the general revenue for the purposes of section 3 of the Public Finance Ordinance (Cap 2).

Section: 59 Securities of Corporation as authorized investment E.R. 2 of 2014 10/04/2014


(1) For the purposes of paragraph 1(a) of Schedule 2 to the Trustee Ordinance (Cap 29), the Corporation is
deemed to have paid a dividend as there mentioned in the calendar year in which the appointed day falls (whether or
not the Corporation does in fact pay such a dividend in that year) and in each of the 5 years immediately preceding
that year.

(2) For the purposes of paragraph 2 of Schedule 2 to the Trustee Ordinance (Cap 29)-
(a) any debt security which was issued by, or the payment of principal and interest on which was

guaranteed by, MTRC before the appointed day and which becomes vested in the Corporation by
virtue of Part IX; or

(b) during any period for which the Government controls more than half of the voting power of the
Corporation, any debt security which is issued by, or the payment of principal and interest on which is
guaranteed by, the Corporation,

is deemed to be a debt security which satisfies the requirements of that paragraph.
(3) In this section, "Corporation" (地鐵公司) means the company-

(a) which, as at the appointed day, is incorporated, and registered by the name “MTR Corporation
Limited” in English and “地鐵有限公司” in Chinese, under the relevant Ordinance; and



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 32

(b) the Chinese name of which is changed to "香港鐵路有限公司" on the Merger Date under section
66(1). (Added 11 of 2007 s. 23)

(Amended 28 of 2012 ss. 912 & 920; E.R. 2 of 2014)

Section: 60 Corporation not a public body L.N. 136 of 2000 30/06/2000


Unless otherwise expressly provided for in any Ordinance, the Corporation is not a public body within the
meaning of the Interpretation and General Clauses Ordinance (Cap 1).

Section: 61 Requirement for Secretary, etc. to consult Corporation* L.N. 200 of 2007 02/12/2007


For the avoidance of doubt, a provision of this Ordinance requiring or providing for the Secretary, the
Commissioner or any other person ("the first-mentioned person") to consult with the Corporation or any other person
("the second-mentioned person") in relation to any matter does not oblige the Secretary, the Commissioner or the first-
mentioned person (as the case may be) to obtain the agreement of the Corporation or the second-mentioned person in
relation to the matter.

(Amended 11 of 2007 s. 24)
___________________________________________________________________
Note:
* (Amended 11 of 2007 s. 24)

Section: 62 Whether a notice, etc. is subsidiary legislation L.N. 136 of 2000 30/06/2000


A commencement notice issued under section 1(2), a regulation made under section 33 and a bylaw made under
section 34 are all subsidiary legislation; any other instrument issued under this Ordinance is not subsidiary legislation.

Section: 63 Service of notices L.N. 136 of 2000 30/06/2000


(1) A notice to be given to the Secretary under this Ordinance may be delivered to the Secretary or sent to him
by post.

(2) The address of the Secretary for the purposes of the giving of any notice under this Ordinance is the address
specified in the operating agreement as the address for the service of notices on the Secretary under that agreement.

(3) A notice to be given to the Corporation under this Ordinance shall be marked for the attention of the
chairman of the Corporation and may be delivered to the Corporation or sent to it by post.

(4) The address of the Corporation for the purposes of the giving of any notice under this Ordinance is the
address specified in the operating agreement as the address for the service of notices on the Corporation under that
agreement.

(5) For the purposes of this section, a notice is delivered to the Secretary or the Corporation if it is delivered to
the address of the Secretary or the Corporation and left with a person apparently authorized to receive communications
intended for the Secretary or the Corporation.

Section: 64 Repeal, etc. L.N. 136 of 2000 30/06/2000


(1) Subject to section 52 and this section, the Mass Transit Railway Corporation Ordinance (Cap 270), any
subsidiary legislation made under that Ordinance and any other instrument issued under that Ordinance and published
in the Gazette are repealed as from the appointed day.

(2) With effect from the appointed day, the regulations made under the repealed Ordinance and the notices
made under those regulations subsisting immediately before that day and specified in column 2 of Schedule 3 are,
subject to the modifications specified in column 3 of that Schedule, adopted as and become regulations made under
this Ordinance and notices made under those regulations respectively.

(3) With effect from the appointed day, the bylaws made under the repealed Ordinance subsisting immediately
before that day and specified in column 2 of Schedule 4 are, subject to the modifications specified in column 3 of that
Schedule, adopted as and become bylaws made under this Ordinance.

(4) With effect from the appointed day, the notices published under the repealed Ordinance subsisting



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 33

immediately before that day and specified in column 2 of Schedule 5 are, subject to the modifications specified in
column 3 of that Schedule, adopted as and become notices published under this Ordinance.

(5) Unless the context requires otherwise, a reference in any Ordinance or document in existence immediately
before the appointed day to the repealed Ordinance or its provisions, or to a notice published under the repealed
Ordinance, is deemed to be, in respect of the period on and after the appointed day, a reference to this Ordinance or its
provisions or to a notice published under this Ordinance.

Section: 65 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 66 Change of Chinese name L.N. 163 of 2013 03/03/2014


(1) On the Merger Date, the Chinese name of the Corporation is changed from "地鐵有限公司" to "香港鐵
路有限公司".

(2) The Corporation shall, as soon as practicable after the Merger Date, deliver to the Registrar a copy of this
Ordinance as amended by the Rail Merger Ordinance (11 of 2007) and published in the loose-leaf edition of the laws
published under the Laws (Loose-leaf Publication) Ordinance 1990 (51 of 1990).

(3) The Registrar shall register the copy of the Ordinance delivered to him pursuant to subsection (2) and-
(a) enter the new Chinese name of the Corporation in the register in place of its former Chinese name; and
(b) issue to the Corporation a certificate of change of name in respect of the change of the Chinese name

of the Corporation under subsection (1).
(4) The change of the Chinese name of the Corporation under this section does not affect any rights or

obligations of the Corporation or render defective any legal proceedings by or against it and any legal proceedings that
could have been commenced or continued against it by its former Chinese name may be commenced or continued
against it by its new Chinese name.
(5) The change of the Chinese name of the Corporation under subsection (1) has effect despite section 22(1) of the

relevant Ordinance. (Replaced 28 of 2012 ss. 912 & 920)
(6) Nothing in this section shall be construed to affect the operation of sections 107, 108 and 109 of the

Companies Ordinance (Cap 622) in respect of any subsequent change of name of the Corporation. (Amended 28 of
2012 ss. 912 & 920)

(7) In this section, "Registrar" (註冊處處長) means the Registrar of Companies appointed under section 303
of the relevant Ordinance. (Amended 28 of 2012 ss. 912 & 920)

(Added 11 of 2007 s. 25)

Schedule: 1 SECTIONS 4 AND 9 OF THE REPEALED ORDINANCE L.N. 136 of 2000 30/06/2000


[section 52(2)(a)]


Sections 4 and 9 of the repealed Ordinance, as modified for the purposes of section 52(2)(a), are as follows-

"4. Board of MTRC


(1) The Board of the Mass Transit Railway Corporation ("MTRC") comprises-
(a) a chairman appointed by the Chief Executive; and
(b) such one or more other persons as the Chief Executive may appoint.

(2) The Board is the governing body of MTRC with authority, in the name of MTRC, to exercise and
perform the powers, functions and duties conferred or imposed on MTRC by or under Part IX of the Mass
Transit Railway Ordinance (Cap 556) and to do such things as it considers expedient for or conducive to the
attainment of such powers, functions and duties or for any purpose it considers reasonably incidental to or
consequential upon such powers, functions and duties.

(3) The Chairman and any person appointed under subsection (1)(b) may-
(a) resign his office by notice to the Chief Executive; or
(b) be removed from office by the Chief Executive.

(4) Arrangements relating to meetings of the Board, and the procedure at meetings of the Board, shall be



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 34

such as the Board may determine.

9. Documents of MTRC


(1) The Mass Transit Railway Corporation ("MTRC") may make and execute all such documents as may
be considered by the Board to be expedient for or conducive to the attainment of the objects of Part IX of the
Mass Transit Railway Ordinance (Cap 556) or to be reasonably incidental to or consequential upon the
attainment of those objects.

(2) A document made by MTRC is deemed to be duly executed-
(a) if sealed with the seal of MTRC in the presence of a member of its Board; or
(b) if signed on behalf of MTRC by a member of its Board.

(3) Any document purporting to be executed in accordance with subsection (2) is, unless the contrary is
proved, deemed to have been duly executed.

(4) A document executed by MTRC in accordance with subsection (2)(b) is not ineffectual in law by
reason only of the fact that, apart from this subsection, it would be required by law to be executed under seal.".


Schedule: 2 PROVISIONS OF PUBLIC HEALTH AND MUNICIPAL

SERVICES ORDINANCE DISAPPLIED
L.N. 136 of 2000 30/06/2000



[section 54(1)]


1. No remedy lies against the Corporation under section 127 of the Public Health and Municipal Services Ordinance
(Cap 132) ("PHMSO") in respect of a nuisance described in section 12(1)(g) of the PHMSO.

2. Section 22 of the PHMSO does not apply to anything done by or on behalf of the Corporation in the course of
constructing an extension.

3. Regulations made under section 29 or 35 of the PHMSO as to the suitability, sufficiency or mode of construction
of latrines or latrine accommodation, or the licensing thereof, do not apply to railway premises.

4. Sections 30 and 36 of the PHMSO do not apply to railway premises.

5. Part IX and any regulations made under section 104 of the PHMSO do not apply to any sign or advertisement
erected by or on behalf of the Corporation on the railway or on railway premises.

Schedule: 3 REGULATIONS ETC. ADOPTED UNDER SECTION

64(2) OF THIS ORDINANCE
L.N. 136 of 2000 30/06/2000



[section 64(2)]


Item Regulation Modification


1. Mass Transit Railway Regulations (Cap 270 sub.
leg. A)

In regulations 4(1), (2) and (3), 5(1), (3) and (4) and
9(c), by repealing "Chief Secretary for
Administration" wherever it appears and substituting
"Secretary".


2. Mass Transit Railway (Transport Interchange)

Regulation (Cap 270 sub. leg. E)
In section 18, by repealing "section 24" and
substituting "section 33".


3. Mass Transit Railway (Transport Interchange)

(Designation of Car Park) Notice (Cap 270 sub.
leg. H)




4. Mass Transit Railway (Transport Interchange)



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 35

(Designation of Prohibited and Restricted Zones)
Notice (Cap 270 sub. leg. I)



Schedule: 4 BYLAWS ADOPTED UNDER SECTION 64(3) OF THIS

ORDINANCE
L.N. 136 of 2000 30/06/2000



[section 64(3)]


Item Bylaw Modification


1. Mass Transit Railway By-laws (Cap 270 sub.
leg. B)

In by-law 2-
(a) by repealing the definition of “Corporation”

and substituting-
““Corporation” (地鐵公司) means the

MTR Corporation Limited;”;
(b) by repealing the definition of “railway” and

substituting-
““ railway” (鐵路 ) means the Mass

Transit Railway;”.
2. Mass Transit Railway (Transport Interchange)

Bylaw (Cap 270 sub. leg. F)
(a) In section 2(1), by repealing “section 24A” and

substituting “section 31”.
(b) In Schedule 1-

(i) in Figure Nos. 1 and 2, by repealing
“ MASS TRANSIT RAILWAY
CORPORATION ORDINANCE (CAP
270) ” and substituting “ MASS
TRANSIT RAILWAY ORDINANCE (CAP
556)”;

(ii) in Figure No. 18, by repealing “MASS
TRANSIT RAILWAY CORPORATION”
and substituting “MTR CORPORATION
LIMITED”.

(c) In Schedule 3-
(i) in Form 1-

(A) by repealing “ Hong Kong Special
Administrative Region Government”
and substituting “Government of the
HKSAR”;

(B) by repealing “Mass Transit Railway
Corporation” and substituting “MTR
Corporation Limited”;

(ii) in Form 2-
(A) by repealing “Mass Transit Railway

Corporation” wherever it appears and
substituting “ MTR Corporation
Limited”;

(B) by repealing “ Hong Kong Special
Administrative Region Government”
and substituting “Government of the
HKSAR”;



Cap 556 - MASS TRANSIT RAILWAY ORDINANCE 36

(C) by repealing “Mass Transit Railway
Corporation” and substituting “MTR
Corporation Limited”;

(iii) in Forms 3, 4 and 5, by repealing “Mass
Transit Railway Corporation” wherever it
appears and substituting “ MTR
Corporation Limited”.



Schedule: 5 NOTICES ADOPTED UNDER SECTION 64(4) OF THIS

ORDINANCE
L.N. 136 of 2000 30/06/2000



[section 64(4)]



Item Notice Modification


1. Mass Transit Railway (Transport Interchange)
(Deposit of Plans) Notice (Cap 270 sub. leg. G)

In section 1(1) and (2)-
(a) by repealing "section 24A(2)" and substituting

"section 31(2)";
(b) by repealing "by the Commissioner" and

substituting "by the Corporation";
(c) by repealing "section 24A(5)" and substituting

"section 31(5)".



Schedule: 6 (Omitted as spent) L.N. 348 of 2000 12/01/2001

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