### Mass Transit Railway (Land Resumption and Related Provisions) Ordinance 《地下鐵路(收回土地及有關規定)條例》

12. Preventive and remedial works on land and buildings
(1) The Director of Buildings or the Director of Lands, or any person acting under his authority, may enter any land or building situate wholly or partly within the railway area or wholly or partly within 70 metres thereof in order to carry out any inspection or survey which is reasonably necessary for the purposes of the railway, including an inspection or survey to ascertain the condition of such land or building prior to the construction of the railway, and may also enter any such land or building and carry out all reasonably necessary work of a preventive or remedial nature. (Replaced 47 of 1975 s. 2)
(2) No person shall, for the purposes of subsection (1), enter any land or building which is occupied without giving to the owner and the occupier at least 14 days’ notice of his intention so to do unless—
(a) the Director of Buildings or the Director of Lands is of the opinion that an emergency exists which necessitates immediate entry; or
(b) the entry is required only for the purpose of an inspection or survey.
(3) A notice of entry referred to in subsection (2)—
(a) shall describe the purpose of the entry and the nature of any work to be carried out; and
(b) shall be deemed to be given to and received by an owner or occupier if a written notice is affixed to a conspicuous part of the land or building to be entered.
(4) In subsection (1) work of a preventive or remedial nature (屬預防或補救性質的工程) means the underpinning or strengthening of any land or building and other work thereon intended to render it reasonably safe or to repair or detect damage caused in the course of the construction or operation of the railway. (Amended 47 of 1975 s. 2)
(5) The decision of the Director of Buildings or the Director of Lands that any work is of a preventive or remedial nature or that such work or any inspection or survey is reasonably necessary shall be final.
(6) The Director of Buildings or the Director of Lands, or any person acting under his authority, may as occasion may require enter and resurvey any land or building in respect of which any of the powers contained in subsection (1) have been exercised and may in relation to that land or building exercise such powers as often as occasion may require. (Amended L.N. 377 of 1981)
(Amended L.N. 291 of 1993)

### Mass Transit Railway (Land Resumption and Related Provisions) Ordinance 《地下鐵路(收回土地及有關規定)條例》

13. Utility services
(1) The Director may serve notice on the owner or supplier of any gas, electricity, water or telecommunications services to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post or other apparatus which belongs to or is maintained by that owner or supplier and to repair any street surface thereby disturbed if in the opinion of the Director such alteration is required for the purposes of the construction, operation, maintenance or improvement of the railway. (Amended 36 of 2000 s. 28)
(2) A notice under subsection (1) shall—
(a) specify the apparatus to which the notice applies and set out the Director’s requirements as to the alteration of its course or position and the repair of any street surface;
(b) stipulate the period within which such work shall be carried out; and
(c) be served upon the owner or supplier not later than 1 month before the commencement of that period.

### Mass Transit Railway (Land Resumption and Related Provisions) Ordinance 《地下鐵路(收回土地及有關規定)條例》

14. Removal of projections or obstructions
(1) The Director may give notice to the owner of any building in the railway area requiring him to remove any object or structure described in the notice which is attached to or projects from the building if in the opinion of the Director the removal of the object or structure is required for the purposes of the construction of the railway.
(2) A notice under subsection (1) may be given to the owner of a building and shall be deemed to have been received by him if it is affixed to some conspicuous part of the building to or from which the object or structure is attached or projects.
(3) A notice under subsection (1) shall—
(a) describe the object or structure to be removed;
(b) stipulate the period within which the work of removal shall be carried out;
(c) be given to the owner of the building not later than 14 days before the commencement of that period; and
(d) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director.
(4) If the owner of the building does not comply with a notice given to him under subsection (1) any public officer authorized in that behalf by the Director of Buildings or the Director of Lands may enter the building and the land surrounding it, together with such other persons as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons. (Amended L.N. 291 of 1993)
(5) An object or structure removed under subsection (4) shall, whether or not it was erected or maintained in contravention of any Ordinance, be forfeited to the Government free from the rights of any person and may be disposed of as the Director of Buildings or the Director of Lands thinks fit. (Amended L.N. 291 of 1993; 29 of 1998 s. 105)
(6) In this section owner (擁有人) means the person holding the land direct from the Government under a Government lease. (Amended 29 of 1998 s. 105)

### Mass Transit Railway (Land Resumption and Related Provisions) Ordinance 《地下鐵路(收回土地及有關規定)條例》

15. Control of building plans and commencement of work
(1) Notwithstanding the Buildings Ordinance (Cap. 123), in any case where he is of the opinion that any building works or the commencement of any building works would be incompatible with any works or proposed or likely works for the construction, maintenance or improvement of the railway or with the operation thereof, the Building Authority may to such extent as is necessary to avoid such incompatibility—
(a) refuse to give his approval to any plan or to consent to the commencement of the building works;
(b) withdraw any approval which he has or is deemed to have given to any plan or any consent to the commencement of the building works;
(c) in the case of piling works, excavation works or foundation works—
(i) require the amendment of any plan showing such works; or
(ii) impose conditions on the giving of approval of plans showing such works or consent to commence such works.
(2) The carrying out of any building works—
(a) contrary to any refusal, or following a withdrawal, of approval or consent under subsection (1)(a) or (1)(b); or
(b) otherwise than in accordance with any plan amended under subsection (1)(c)(i) or condition imposed under subsection (1)(c)(ii),
shall, for the purposes of section 23 of the Buildings Ordinance (Cap. 123), be deemed to constitute a contravention of that Ordinance.
(3) Where the Building Authority refuses under subsection (1)(a) to give his approval to any plan because he is of the opinion that the building works shown thereon would be incompatible with works or proposed or likely works for the construction of stages 1 to 6 and stage 8 of the railway or the eastern harbour crossing, the owner of the land on which such building works were to be carried out may, by notice in writing to the Director, require that the land be resumed under this Ordinance. (Amended 66 of 1978 s. 3; 12 of 1981 s. 3; 6 of 1986 s. 4)
(4) Where notice is given under subsection (3) the Chief Executive shall, unless the notice is withdrawn, make an order under section 4(1) in respect of the land not more than 1 month after receipt of the notice by the Director, and the period of notice specified in the order shall be 1 month. (Amended 62 of 2000 s. 3)
(5) In subsection (3) owner (擁有人) means the person holding the land direct from the Government under a Government lease. (Amended 29 of 1998 s. 105)