### Tung Chung Cable Car Ordinance 《東涌吊車條例》

8. Right to occupy commercial GFA and to operate vehicle parking facilities
The Company shall have the right during the franchise period to—
(a) use and occupy the commercial GFA of the Tung Chung Terminal and of the Ngong Ping Terminal consistently with this Ordinance;
(b) grant licences for the use and occupation of the commercial GFA of each terminal consistent with this Ordinance;
(c) demand and collect fees for such licences;
(d) operate vehicle parking facilities at each terminal and demand and collect fees for the use of such facilities; and
(e) charge management fees,
in accordance with the Project Agreement.

9. Reservation of rights
(1) This Ordinance does not confer on the Company any title, right or interest in any land except as specified in sections 6, 7 and 8 and under Part 4.
(2) Except as otherwise provided in this Ordinance, the Land (Miscellaneous Provisions) Ordinance (Cap. 28) does not apply to the Cable Car System area.

10. Statutory easements
(1) Upon the commencement of the franchise period, the following easements are created in favour of the Company in respect of the land comprised in the route projection area—
(a) the right to place, operate, replace, maintain and retain one or more aerial ropeways above ground level across the land;
(b) the right to carry out works required for the purposes of paragraph (a) and otherwise in connection with the Cable Car System;
(c) the right to enter on and pass over the land with persons, vehicles or equipment, and to carry out any acts, necessary for or incidental to the exercise of the rights conferred by paragraphs (a) and (b).
(2) The Company shall not place, construct, erect or retain any permanent structure, pole, mast or pylon on, over or under the land.
(3) The easements created by this section are of full force and effect against all persons having any estate, right or interest in the land, without any consent, grant or conveyance.
(4) The ownership of any thing is not altered by reason only that it is placed on, erected on or affixed to any land in exercise of rights and powers arising from or incidental to an easement created by subsection (1).
(5) If, pursuant to an easement created by subsection (1), a person proposes to enter on land which is occupied, the person shall give the owner and occupier of the land at least 28 days’ notice of the intention to do so.
(6) In this section, land (土地) does not include unleased land as defined in section 2 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28).

### Tung Chung Cable Car Ordinance 《東涌吊車條例》

11. New easements
If the route projection area is varied pursuant to section 3(2), the easements referred to in section 10(1) are created in favour of the Company in respect of any additional land comprised in the route projection area as varied, and the provisions of section 10 apply to that land from the date of publication of a notice in the Gazette under section 3(3)(a).

12. Notice of creation of easements
(1) Once an easement is created in favour of the Company by section 10(1) or 11 the Secretary shall within 28 days—
(a) cause the easement to be registered in the Land Registry under the Land Registration Ordinance (Cap. 128);
(b) give notice of the creation of the easement in accordance with this section.
(2) The notice of the creation of an easement required by subsection (1)(b) shall be—
(a) served on the person who was, at the date of the creation of the easement, the owner of the land to which the easement relates—
(i) by being affixed in a conspicuous position on the land;
(ii) by delivery to the owner; or
(iii) by registered post to the owner’s last known postal address;
(b) published—
(i) in Chinese and English in one issue of the Gazette;
(ii) in one issue of a Chinese language daily newspaper circulating in Hong Kong; and
(iii) in one issue of an English language daily newspaper circulating in Hong Kong; and
(c) made available for inspection by the public free of charge, during normal opening hours, at such offices of the Government as the Secretary specifies.
(3) A notice of the creation of an easement shall—
(a) describe the land and the easement and state that the easement has been created by this Ordinance;
(b) state when the easement was created in favour of the Company;
(c) state where and at what times a plan of the land may be inspected;
(d) state the date on which and the manner in which service of the notice was effected;
(e) state that claims for compensation may be submitted in writing to the Director not later than 12 months after the creation of the easement; and
(f) state that if the parties fail to agree, claims for compensation will be determined by the Lands Tribunal.
(4) In this section, land (土地) does not include unleased land as defined in section 2 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28).

### Tung Chung Cable Car Ordinance 《東涌吊車條例》

14. Entry on land in emergency
(1) If an emergency arises or is reasonably apprehended in connection with the Cable Car System, the Company may enter on any land in order to prevent the emergency, or to mitigate the effects of the emergency, and may do all such things and take on the land all such persons, vehicles and equipment as are necessary for the purpose.
(2) If the Company intends to enter on any land pursuant to subsection (1) it shall, before the intended entry—
(a) give to the owner of the land a notice of its intention and of the right to compensation under subsection (4); and
(b) fix a copy of the notice in a conspicuous position on the land.
(3) If it is not practicable for the Company to comply with subsection (2) before entering on the land, the Company shall, as soon as practicable after entry has been made—
(a) give to the owner of the land a notice that entry has been made and of the right to compensation under subsection (4); and
(b) fix a copy of the notice in a conspicuous position on the land.
(4) Any owner of land who suffers any loss or damage to the land as a direct result of entry on the land by the Company pursuant to subsection (1) may claim from the Company compensation for loss or damage arising as a direct and reasonably foreseeable result of the entry.
(5) Subsections (2) to (7) of section 13 govern the procedure for a claim against the Company under this section, except that—
(a) references in those subsections to “the Director” are to be read as references to “the Company”;
(b) the reference in that subsection (5)(a) to “the Government” is to be read as a reference to “the Company”;
(c) the reference in that subsection (2) to “the creation of the easement” is to be read as a reference to “the entry on the land”.
(6) In the application of the Lands Tribunal Ordinance (Cap. 17) to a claim under this section, section 11(1) of that Ordinance shall have effect as if for paragraphs (a) and (b) thereof there were substituted the words “the amount of compensation payable under section 14 of the Tung Chung Cable Car Ordinance (Cap. 577)”.
(7) In this section, land (土地) does not include unleased land as defined in section 2 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28), unless it is occupied under Part II of that Ordinance.

15. Resumption of land
Any resumption of land by the Government for the Cable Car System is deemed to be resumption for a public purpose within the meaning of section 2 of the Lands Resumption Ordinance (Cap. 124).