### Mass Transit Railway Ordinance 《香港鐵路條例》

28. Secretary may require Corporation to carry out works in interest of safety
(1) Where in the opinion of the Secretary—
(a) the condition of a part of the railway which has been brought into operation, or of any machinery, plant or equipment of such part; or
(b) the manner in which the railway or a part of it is being operated,
is such as to cause, or to be likely to cause, a risk of injury to any person, the Secretary may require the Corporation to carry out work or to take steps to ensure that the condition or manner of operation in question will cease to cause or to be likely to cause any such risk.
(2) A requirement under subsection (1) shall be effected by notice in writing given to the Corporation, and the notice—
(a) shall specify the work or steps required to be carried out or taken;
(b) may specify the time before which the Corporation shall commence to carry out the work or take the steps and the time by which the work or steps must be completed.
(3) If the Corporation fails without reasonable excuse to comply with a notice given 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 that the failure to comply with the notice has continued without reasonable excuse.
(4) A copy of a document which purports to be a notice signed by the Secretary for the purposes of this section—
(a) is admissible in evidence in proceedings for an offence under subsection (3) on its production without further proof; and
(b) is sufficient evidence of the opinion of the Secretary and of the other matters contained in the document.

29. Offence of negligent act or omission by employee
(1) If—
(a) in connection with his duty, an employee of the Corporation negligently does or omits to do anything in relation to the condition or operation of a part of the railway or railway premises after that part has come into operation; and
(b) by that act or omission, the safety of a person being on the railway or on railway premises is endangered, or is likely to be endangered,
the employee commits an offence and is liable—
(i) except as provided in paragraph (ii), to a fine at level 2; or
(ii) if the act or omission results in serious injury to or the death of a person being on the railway or railway premises, to a fine at level 2 and to imprisonment for 6 months.
(2) For the purposes of this section, negligence is the failure to exercise the care or skill that a reasonable employee in the situation would exercise.

### Mass Transit Railway Ordinance 《香港鐵路條例》

30. Offence of wilfully endangering safety
If—
(a) a person wilfully does or omits to do anything in relation to the railway or railway premises; and
(b) by that act or omission, the safety of any person being on the railway or on railway premises is endangered, or is likely to be endangered,
the first-mentioned person commits an offence and is liable to a fine at level 6 and to imprisonment for 3 years.

31. Transport interchanges
(1) The Corporation shall set apart as a transport interchange the whole or a part of any area, space or building, as the Corporation thinks necessary or expedient for the purpose of effecting and facilitating interchange between the railway and any other mode of transport.
(2) The Corporation shall, with the agreement of the Commissioner, prepare plans delineating the boundaries of every transport interchange.
(3) The Corporation may, with the agreement of the Commissioner, vary the boundaries of a transport interchange from time to time.
(4) Where the boundaries of a transport interchange are varied under subsection (3), the Corporation shall prepare plans delineating the boundaries of the transport interchange as varied and those plans shall supersede any previous plans as from the day on which a notice relating to those plans is published under subsection (6), or as from any later date that may be specified in the notice.
(5) Plans prepared under subsection (2) or (4) shall be numbered, dated and signed and certified by the Commissioner as being plans of the transport interchange to which they relate, and shall be deposited by the Corporation in the Land Registry.
(6) The Corporation shall cause a notice of the deposit of plans under subsection (5) to be published in the Gazette.

32. Application of other Ordinances
(1) Subject to subsection (2), the Public Bus Services Ordinance (Cap. 230) and the Road Traffic Ordinance (Cap. 374) as it applies to private roads apply to and in relation to transport interchanges and roads in transport interchanges respectively.
(2) If there is any inconsistency between a regulation or bylaw made under this Ordinance in relation to a transport interchange and a provision of a law specified in subsection (1) then, to the extent of that inconsistency, the regulation or bylaw prevails.

### Mass Transit Railway Ordinance 《香港鐵路條例》

37. Property, etc. of MTRC to vest in Corporation
(1) On the appointed day all the property, rights and liabilities to which MTRC was entitled or subject immediately before that day become by virtue of this section property, rights and liabilities of the Corporation.
(2) Sections 38 to 41 are supplementary to this section and, accordingly, have effect on and from the appointed day subject to, and without limiting the generality of, subsection (1). 

### Mass Transit Railway Ordinance 《香港鐵路條例》

38. Agreements, transactions, etc. affecting MTRC
(1) Any agreement made, transaction effected or other thing done by, to or in relation to MTRC which is in force or effective immediately before the appointed day shall have effect as from that day as if made, effected or done by, to or in relation to the Corporation, in all respects as if the Corporation were the same person in law as MTRC.
(2) Accordingly, references (whether express or implied) to MTRC—
(a) in any agreement made, transaction effected or other thing done by, to or in relation to MTRC (whether or not in writing);
(b) in any process or other document issued, prepared or employed for the purpose of any proceedings before any court or other tribunal or authority;
(c) in any other document whatever (other than an enactment) relating to or affecting any property, right or liability of MTRC which vests by virtue of section 37 in the Corporation,
shall be taken as from the appointed day as referring to the Corporation.
(3) Where immediately before the appointed day there is in force or effective an agreement made, transaction effected or other thing done by, to or in relation to MTRC which refers (in whatever terms and whether expressly or by implication) to a person employed by or engaged in the business of MTRC, that agreement, transaction or other thing shall have effect, in relation to anything falling to be done on or after the appointed day, as if for that reference there were substituted a reference to such person as the Corporation may appoint or, in default of appointment, to the person employed by or engaged in the business of the Corporation who corresponds as nearly as may be to the person employed by or engaged in the business of MTRC in question.
(4) For the avoidance of doubt, reference in this Part to any agreement made, transaction effected or other thing done by, to or in relation to MTRC includes reference to—
(a) any guarantee, conveyance, deed, lease, licence, notice, permit, document granting or comprising any security, bond, mandate, instruction and other document or instrument entered into by, given to or by or addressed to MTRC;
(b) any instruction, order, direction, mandate, power of attorney, authority, undertaking or consent given to or by MTRC, whether alone or jointly with another person and whether in writing or not;
(c) any direction, order or notice made under any legislation;
(d) any contract to which MTRC was not a party;
(e) any entry on any register.
(5) Sections 39 to 41 are for the avoidance of doubt and do not affect the generality of this section.