### Railways Ordinance 《鐵路條例》

11. Procedure after publication of scheme
(1) The Secretary may authorize the scheme if after the period for lodging objections under section 10(1) has expired no objections have been lodged.
(2) Subject to subsection (1), the Secretary must, before the expiry of the period determined in accordance with subsections (2A) and (2B), submit the scheme and every objection lodged under section 10(1) to the Chief Executive in Council for consideration. (Replaced 25 of 2023 s. 95)
(2A) Except as extended under subsection (2B), the period mentioned in subsection (2) is—
(a) unless paragraph (b) applies—5 months after the date of expiry of the time for lodging objections under section 10(1) in respect of the scheme; or
(b) if one or more amendments are made to the scheme under section 7—whichever of the following periods that ends later—
(i) the period mentioned in paragraph (a);
(ii) 3 months after the date of expiry of the time for lodging objections under section 10(1) in respect of the amendment (or the last of the amendments). (Added 25 of 2023 s. 95)
(2B) The Financial Secretary may, on application by the Secretary—
(a) extend the period mentioned in subsection (2A) for 2 months if the Financial Secretary considers it appropriate to do so in a particular case; and
(b) further extend the period on not more than 2 occasions and for 2 months for each extension if the Financial Secretary is satisfied that exceptional circumstances exist in a particular case. (Added 25 of 2023 s. 95)
(3) The Chief Executive in Council must consider the scheme and any objections lodged under section 10(1), and not withdrawn, within time.
(4) The Chief Executive in Council, after considering the scheme and any objections, may—
(a) authorize the scheme, with or without any changes, and subject to such conditions to avoid or lessen any adverse effects of the scheme as the Chief Executive in Council thinks fit; or
(b) decline to authorize the scheme.
(Amended 62 of 1999 s. 3)

### Railways Ordinance 《鐵路條例》

12. Power to reconsider any scheme
(1) The Chief Executive in Council may reconsider any scheme and—
(a) authorize the scheme which the Chief Executive in Council has previously declined to authorize; and
(b) remove or amend any modifications or conditions previously imposed.
(2) The Chief Executive in Council may, after the expiry of at least 28 days’ notice on any person affected, amend a scheme already considered and authorize the amended scheme if— (Amended E.R. 3 of 2021)
(a) in the opinion of the Chief Executive in Council, the changes are minor and private rights or interests are not affected by the action of the Chief Executive in Council;
(b) the action of the Chief Executive in Council relates to locations within the boundaries of the scheme and affects private rights or interests but the rights or interests are affected to a lesser extent than formerly in the opinion of the Chief Executive in Council; or
(c) the action of the Chief Executive in Council relates to locations within the boundaries of the scheme and increases the extent to which private rights are affected but the increase is minor in the opinion of the Chief Executive in Council.
(Amended 62 of 1999 s. 3)

13. Scope of railway
(1) The Secretary may authorize a person to construct the railway only to the extent authorized and subject to any modifications or conditions imposed by the Chief Executive in Council and as set out in the scheme.
(2) Where a condition imposed by the Chief Executive in Council requires anything to be done by the Secretary to lessen or avoid the effects of the scheme—
(a) anything done by the Secretary or authorized by him to be done in compliance with that condition is a part of the scheme;
(b) the Secretary may enter or authorize any other person to enter any land or building, after giving at least 28 days’ notice to the owner and the occupier, and do what is required to comply with that condition; and (Amended E.R. 3 of 2021)
(c) the condition is taken to have been met if the condition is met in respect of all the persons for whose benefit the condition was imposed other than those who waive compliance in writing.
(3) The notice mentioned in subsection (2)(b) must—
(a) describe the purpose of the entry; and
(b) be served on the owner and the occupier.
(4) Where—
(a) the Secretary has authorized the scheme; or
(b) the Chief Executive in Council has declined to authorize the scheme; or
(c) the Chief Executive in Council has authorized the scheme; or
(d) the Chief Executive in Council imposes any modifications or conditions when authorizing the scheme; or
(e) any modification or condition previously imposed is removed or varied,
that fact is to be published in the manner set out in section 6.
(Amended 62 of 1999 s. 3)

### Railways Ordinance 《鐵路條例》

14. Secretary may exercise powers
The Secretary may exercise the powers set out in this Ordinance for the purposes of or incidental to a scheme subject to the terms of the scheme considered by the Chief Executive in Council and to any condition imposed by the Chief Executive in Council, if the Secretary or the Chief Executive in Council has authorized the scheme under this Ordinance.
(Amended 62 of 1999 s. 3)

15. Minor works
(1) The Secretary may authorize the carrying out of any works, including works carried on outside the boundaries of the scheme referred to in paragraph (b)— (Amended 25 of 2023 s. 96)
(a) that, in the Secretary’s opinion—
(i) only involve minor physical or structural operations; or
(ii) only create minimal adverse effect on the road users and other people in the neighbourhood; (Replaced 25 of 2023 s. 96)
(b) that are required for the purposes of a scheme, or required for the purposes of a scheme intended to be proposed; and (Replaced 25 of 2023 s. 96)
(c) for which the only powers required to be exercised by the Secretary are any one or more of the following— (Amended 25 of 2023 s. 96)
(i) to authorize the closure of a road which, in the Secretary’s opinion, serves no useful purpose; (Amended 25 of 2023 s. 96)
(ii) to authorize the closure of a road to use for a period not exceeding 14 days in any period of 3 months;
(iii) to authorize the closure of part of the width of a road to use but not to such extent as will interfere unreasonably with the normal flow of traffic on that road and for no longer than is reasonably necessary to carry out the works.
(2) The Secretary may, where the exercise of any of the powers specified in subsection (1)(c)(i), (ii) or (iii) is required for the carrying out of any works described in subsection (1), exercise any such powers for the carrying out of the works.
(3) A person does not have a right against Government or any other person—
(a) to restrain or compel anything authorized under this section; or
(b) to recover any money under this Ordinance for anything authorized under this section. (Amended 25 of 2023 s. 96)
(3A) To avoid doubt, nothing in this Ordinance prevents a person from recovering any money, under any other Ordinance or any rule of common law or of equity, for anything authorized under this section. (Added 25 of 2023 s. 96)
(4) In this section, road (道路) means a public road.

### Railways Ordinance 《鐵路條例》

16. Chief Executive may order resumption of land
The Chief Executive may order that any land proposed to be resumed in a scheme that has been authorized under section 11 or 12(1) be resumed for the purposes of or incidental to the scheme.
(Amended 62 of 1999 s. 3)

17. Land required for public purpose
Land required for the scheme is taken to be required for a public purpose for the purposes of section 3(1) of the Land Acquisition (Possessory Title) Ordinance (Cap. 130).