### Railways Ordinance 《鐵路條例》

21. Notices of creation of easements or other rights
(1) Notice of creation of an easement or right is to be—
(a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order;
(b) published—
(i) in Chinese and English in one issue of the Gazette;
(ia) on the website specified by the Secretary; (Added 25 of 2023 s. 98)
(ii) in one issue of a Chinese language daily newspaper published in Hong Kong;
(iii) in one issue of an English language daily newspaper published in Hong Kong; and
(iv) by affixing a copy in Chinese and English on or near the land mentioned in the order; and
(c) made available for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during normal opening hours.
(2) A notice of creation of an easement or right is to—
(a) describe the land and the easement or right and state that an order creating the easement or right has been made under this Ordinance;
(b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be inspected;
(c) state the day on which the notice was affixed on or near the land;
(d) state the period of notice specified by the Chief Executive; (Amended 62 of 1999 s. 3)
(e) declare that, on expiry of that period, the easement or right described in the notice is created in favour of the Government for the purposes of or incidental to the scheme; and
(f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Secretary.

22. Closure of roads, etc.
(1) The Secretary may, for the purposes of or incidental to the scheme, in relation to any road, Government foreshore or sea-bed described in the scheme, by order—
(a) authorize the closure or substantial alteration of the road or part of it either permanently or temporarily;
(b) authorize the reclamation of or other works over or upon the Government foreshore or sea-bed;
(c) declare that, or the extent to which, and the time at, or duration for which, any public or private right in, upon, under or over the road, Government foreshore or sea-bed is extinguished, modified or restricted.
(2) An order under subsection (1) extinguishes, modifies or restricts the public and private rights in, upon, under or over the road, Government foreshore or sea-bed according to the provisions of the order.
(3) This section does not affect the provisions of the Road Traffic Ordinance (Cap. 374) in relation to the closure of roads.

### Railways Ordinance 《鐵路條例》

23. Notices of orders for closure of roads, etc.
(1) Notice of an order under section 22(1) in respect of any road, foreshore or sea-bed must be—
(a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order;
(b) published—
(i) in Chinese and English in one issue of the Gazette;
(ia) on the website specified by the Secretary; (Added 25 of 2023 s. 99)
(ii) in one issue of a Chinese language daily newspaper published in Hong Kong;
(iii) in one issue of an English language daily newspaper published in Hong Kong; and
(iv) by affixing a copy in Chinese and English on or near the land mentioned in the order; and
(c) made available for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during normal opening hours.
(2) The notice must—
(a) state that an order under section 22(1) has been made under this Ordinance and describe the area of the road, foreshore or sea-bed affected thereby and the manner in which it will be affected;
(b) describe briefly any works to be carried out;
(c) state where and at what times a copy of the order and a plan of the affected area of the road, foreshore and sea-bed may be inspected;
(d) state the day on which the notice was affixed on or near the land; and
(e) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary.

### Railways Ordinance 《鐵路條例》

24. Inspection and preventive and remedial work on land and buildings
(1) The Secretary or a person authorized by him may, failing agreement with any person affected as to the grant of the powers required by the Secretary, enter any land or building situated wholly or partly within the boundaries of the scheme or wholly or partly within 70 metres of the boundaries of the scheme to—
(a) inspect, value, investigate the site or test, including drilling, excavating and installing or removing instruments;
(b) survey or take levels; and
(c) set out any line of works,
for the scheme, an assessment of the value of any land, building or other property or to ascertain the condition of the land or building.
(2) The Secretary or any person authorized by him may enter any such land or building and carry out, at the cost of the Government, all reasonably necessary operations of a preventive or remedial nature.
(3) A person must not, for the purposes of subsection (1), enter any land or building which is occupied without giving at least 28 days’ notice of his intention to do so, unless the Secretary is of the opinion that an emergency exists which necessitates immediate entry. (Amended E.R. 3 of 2021)
(4) A notice of entry under subsection (3) must—
(a) describe the purpose of the entry and the nature of any operations to be carried out; and
(b) be served on the owner and the occupier of the land or building.
(5) The decision of the Secretary that any operations are of a preventive or remedial nature or that the operations are reasonably necessary is final.
(6) The Secretary or any person authorized by him may enter, as occasion may require, any land or building over which any powers under subsection (1) have been exercised and, in relation to that land or building, exercise the powers, subject to notice being given, as often as occasion may require.

### Railways Ordinance 《鐵路條例》

25. Utility services
(1) The Secretary may give notice to the owner of any gas, electricity, water or telecommunications service apparatus situated on any unleased Government land requiring him, at his own expense (subject to any contract between that owner and the Government) 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 and to repair any road surface disturbed by the action if, in the opinion of the Secretary, the alteration and repair is required for the purposes of the scheme. (Amended 36 of 2000 s. 28)
(2) A notice referred to in subsection (1) must—
(a) specify the nature of the apparatus to which the notice applies and set out the Secretary’s requirements as to the alteration of its course or position and the repair of any road surface;
(b) stipulate the period within which such work will be carried out; and
(c) be served upon the owner not later than 28 days before the commencement of that period.
(3) The period mentioned in subsection (2)(b) must be a period which is reasonably necessary for the carrying out of the Secretary’s requirements as mentioned in subsection (2)(a) and, before stipulating a period, the Secretary must consult the owner of the apparatus to which the notice applies.
(4) If the owner does not comply with the notice, the Secretary may carry out the operations mentioned in the notice and, subject to any contract between the owner and the Government, recover the cost from the person to whom the notice was given.