### Railways Ordinance 《鐵路條例》

26. Removal of projections or obstructions
(1) The Secretary may give notice to the owner of any land or building requiring the owner to remove any object or structure described in the notice which is attached to or projects from the land or building if, in the opinion of the Secretary, the removal of the object or structure is necessary for the purposes of or incidental to the scheme.
(2) A copy of the notice referred to in subsection (1) must be given to any occupier of the land or building known to the Secretary.
(3) A notice referred to in subsection (1) must—
(a) describe the object or structure to be removed;
(b) stipulate the period within which the work of removal is to be carried out;
(c) be given to the owner and occupier of the land or building not later than 28 days before the commencement of that period; and
(d) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary.
(4) If the owner of the land or building does not comply with a notice referred to in subsection (1), the Secretary or any public officer authorized by him for the purpose may enter the land or building, together with such other person as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons at the expense of the Government.
(5) The Secretary may dispose of any object or structure removed under this section as he thinks fit, whether or not it was erected or maintained in contravention of any Ordinance or Government lease or other instrument under which the land is held.

### Railways Ordinance 《鐵路條例》

28. Resumption of land on application
(1) The Chief Executive may, on the application of any person having a compensatable interest in land that is contiguous or adjacent to land that is resumed (other than on application under this section) (resumed land

29. Obstruction
A person who wilfully obstructs a person lawfully exercising a power, duty or function arising under this Ordinance is guilty of an offence and is liable on conviction to a fine at level 5 and imprisonment for 1 year.

30. No right to compel or restrain
A person does not have any right against the Government or any other person to restrain or compel anything authorized under this Ordinance.

31. No recovery of money except under this Ordinance
Except to the extent of the rights to compensation under section 32, a person does not have any right against the Government or any other person to recover money—
(a) for any use authorized under this Ordinance; or
(b) for any works or anything else authorized under this Ordinance.

32. Compensation
(1) The right to compensation referred to in section 31 is the right to recover from the Government for the matters set out in column 1 of Part II of the Schedule a sum assessed on the basis specified in column 2 and with regard to Part I of the Schedule, subject to—
(a) the claim being served on the Secretary within the period specified in column 4 of Part II of the Schedule; and
(b) the other provisions of this Ordinance.
(2) A person described in column 3 of Part II of the Schedule has the right to recover compensation for the matters set out in column 1 to the extent suffered or incurred by him as assessed under this Ordinance.
(3) The rights to compensation mentioned in the Schedule exist in addition to any benefit accruing to a claimant as a result of the implementation of any conditions imposed by the Chief Executive in Council under section 11(4). (Amended 62 of 1999 s. 3)

### Railways Ordinance 《鐵路條例》

33. Claims out of time
(1) Subject to subsections (2) and (5), if a claim or an amendment to a claim is not served on the Secretary before the expiry of the period specified in column 4 of Part II of the Schedule for that matter, the right to claim compensation is barred.
(2) The Lands Tribunal may extend the period referred to in subsection (1) on application made to it either before or after the expiry of the period if it considers that the delay in serving the claim occurred—
(a) by mistake of fact;
(b) by mistake of any matter of law (other than the relevant provision in column 4 of Part II of the Schedule); or
(c) by any other reasonable cause.
(3) The applicant must give notice of an application under subsection (2) to the Secretary.
(4) An extension may be granted by the Lands Tribunal under subsection (2), with or without conditions for such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.
(5) The Secretary may, if he is satisfied—
(a) the claimant has not had actual notice of an order; or
(b) circumstances exist that the Secretary considers reasonable,
accept service of a claim after the period specified in column 4 of Part II of the Schedule, and if he does so, the claim is deemed to have been served within that period.

### Railways Ordinance 《鐵路條例》

35. Settlement after reference to Lands Tribunal
(1) At any time after proceedings have been commenced in the Lands Tribunal but before compensation is finally assessed, the Secretary may make an offer in writing or the claimant may by notice to the Secretary state a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of the claim or any rejected part.
(2) Until the Lands Tribunal assesses the amount of compensation for that part of a claim for which an offer made by the Secretary under section 34(6)(a) or by the Secretary or the claimant under subsection (1) and which is not accepted by the other party, the offer is not to be disclosed to the Lands Tribunal. A copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and opened by it after it has made its assessment.
(3) The Lands Tribunal must, unless for special reason it thinks it proper not to do so, order a claimant to bear his own costs and to pay the costs of the Secretary so far as the costs are incurred after the making of an offer if the Secretary has made the offer under subsection (1) or section 34(6)(a), including costs as agreed or taxed, which was not accepted by the claimant and the compensation assessed by the Lands Tribunal does not exceed the amount of compensation in the offer.
(4) The Lands Tribunal must, unless for special reason it thinks it proper not to do so, order the Secretary to bear his own costs and to pay the costs of the claimant so far as the costs are incurred after the claimant stated a sum under subsection (1) that the Secretary has not accepted and the compensation assessed by the Lands Tribunal is not less than the amount of compensation stated by the claimant.

36. Jurisdiction of Lands Tribunal
(1) The Lands Tribunal has jurisdiction to hear and determine—
(a) all claims for compensation which the Secretary or the claimant may refer to it under section 34(6) or (7); and
(b) applications under sections 28(2) and 33(2).
(2) The Lands Tribunal has jurisdiction to award compensation or a part of the compensation to a claimant if at the time of the award it does not have notice or intimation of any dispute as to his entitlement. The making of an award does not affect the entitlement to receive compensation under this Ordinance of any other person who may after that award be held by a court of competent jurisdiction to have a better title to the compensation or a part of it than the person to whom it was awarded.
(3) An award of compensation under subsection (2) does not affect the entitlement of a mortgagee to be paid compensation under section 37.