### Kowloon-Canton Railway Corporation Ordinance 《九廣鐵路公司條例》

17. Financial Secretary may order that defects be remedied 
(Amended L.N. 144 of 2022) (Suspended from 2 December 2007—see section 40)
(1) Where in the opinion of the Financial Secretary— (Amended L.N. 144 of 2022)
(a) the condition of any part of the railways which has been brought into operation or of any machinery, plant or equipment of such part;
(b) the manner in which the railways or any part thereof is being operated, (Amended 13 of 1998 s. 8)
is such as to cause, or to be likely to cause, a risk of injury to any person, the Financial Secretary may direct the Corporation to carry out such work, or to take such steps, as he may specify in the order to ensure that the condition of the railway, or of the part or the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk. (Amended 56 of 1986 s. 21; L.N. 362 of 1997; L.N. 144 of 2022)
(2) A direction under subsection (1) may specify the time before which the Corporation shall commence to carry out the specified work or take the specified steps and the time by which the same shall be completed.
(3) If the Corporation fails without reasonable excuse to comply with a direction under this section the Corporation commits an offence and is liable to a fine at level 6 and to a further fine of $10,000 for each day during which it is proved to the Court that the failure to comply with the order has continued without reasonable excuse. (Amended E.R. 5 of 2021)
(4) A copy of a document which purports to be a direction signed by the Financial Secretary for the purposes of subsection (1)— (Amended L.N. 144 of 2022)
(a) shall be admitted in evidence in proceedings for an offence under subsection (3) on its production without further proof; and
(b) shall be sufficient evidence of the opinion of the Financial Secretary and of the other matter contained therein. (Amended L.N. 362 of 1997; L.N. 144 of 2022)

### Kowloon-Canton Railway Corporation Ordinance 《九廣鐵路公司條例》

18. Offence of negligent act or omission by employee 

(Suspended from 2 December 2007—see section 40)
(1) An employee of the Corporation commits an offence if, in connexion with his duty, he negligently does or omits to do anything in relation to the condition or operation of any part of the railways after that part has come into public use, and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be endangered. (Amended 56 of 1986 s. 21; 13 of 1998 s. 8)
(2) An employee who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 6 months. (Amended E.R. 5 of 2021)
(3) For the purposes of subsection (1) negligence is the failure to exercise such care or skill as a reasonable employee in the situation would exercise.

19. Offence of wilfully endangering safety 

(Suspended from 2 December 2007—see section 40)
(1) A person commits an offence if he wilfully does or omits to do anything in relation to one or more of the railways and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be endangered. (Amended 56 of 1986 s. 21; 13 of 1998 s. 7)
(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 6 months. (Amended E.R. 5 of 2021)

20. Power to construct extensions to the railways
The Corporation shall not extend the railways by the construction of lines, otherwise than by way of relaying existing lines, without the approval of the Chief Executive in Council.
(Amended 56 of 1986 s. 21; 13 of 1998 s. 8; 62 of 1999 s. 3)

### Kowloon-Canton Railway Corporation Ordinance 《九廣鐵路公司條例》

21. Power to execute work
(1) For the purpose of carrying out any work authorized under section 4(1)(a) or under section 20, the Corporation may— (Amended 56 of 1986 s. 10)
(a) construct lines of railway and all other apparatus and works for and incidental to the purposes of one or more of the railways;
(b) construct apparatus and works for the supply of electricity or any other power or fuel for the purposes of one or more of the railways;
(c) alter the natural or artificial features of any land for the purpose of the more convenient construction or operation of one or more of the railways;
(d) do any work under the surface of the land adjoining one or more of the railways for the purpose of conveying water or electricity to or from one or more of the railways;
(e) construct buildings, structures, machinery and other devices for or incidental to the purposes of one or more of the railways; and
(f) do all other acts incidental to the construction, maintenance, alteration, repair or use of one or more of the railways. (Amended 56 of 1986 s. 21; 13 of 1998 s. 7)
(2) Where the exercise of any power under this section is likely to interfere, permanently and substantially, with the use and enjoyment of any land, that power shall be exercised only in relation to land held by the Government. (Amended 29 of 1998 s. 105)

22. Alteration of pipes, wires and drains
The Corporation may, for the purpose of exercising the powers conferred on it by this Part, alter the level or position of any pipe, conduit, drain, electric wire, or post in or on any land not held by the Government: (Amended 29 of 1998 s. 105)
Provided that it shall give reasonable notice of its intention to do so to the person having the right to occupy the land and shall execute the work to the reasonable satisfaction of that person.