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

16. Obstruction
Any person who wilfully obstructs any person lawfully exercising or performing any power duty or function arising under section 5(2)(a)(i), 7(2)(a)(i), 9, 11(2)(a)(i), 12(1), 12(6), 14(2) or 14(4) or lawfully exercising any power consequential or incidental to an easement or right created pursuant to section 6 shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 1 year.
(Amended 60 of 1983 s. 5; E.R. 3 of 2021)

17. No remedy except under this Ordinance
No action, claim or proceedings shall lie or be brought against the Government or any other person— (Amended 62 of 2000 s. 3)
(a) to restrain the doing of anything which is authorized by or under this Ordinance or to compel the doing of anything which may be omitted to be done thereunder; or
(b) to recover damages, compensation or costs for—
(i) damage or disturbance to or loss of or in the value of any land, chattel, trade or business;
(ii) personal disturbance or inconvenience;
(iii) extinguishment, modification or restriction of rights;
(iv) the costs of effecting or complying with any requirement or condition imposed by the Director, 
which is authorized by or under this Ordinance or arises from any act or omission so authorized, except in pursuance of one of the rights to compensation provided for in section 18.

18. Compensation
(1) The rights to compensation referred to in section 17 are the rights to claim from the Government for the items of loss damage or cost set out in the first column of Part I of the First Schedule a sum assessed on the basis specified opposite thereto in the second column thereof and with regard to the provisions of Part II of the First Schedule, subject to— (Amended 62 of 2000 s. 3)
(a) the claim being served on the Director within the appropriate period specified in the fourth column of Part I of the First Schedule; and
(b) the other provisions of this Ordinance.
(2) Every person who is described in the third column of Part I of the First Schedule shall have the right to claim compensation for the item of loss damage or cost set out opposite thereto in the first column to the extent of the loss damage or cost suffered or incurred by him as assessed pursuant to this Ordinance.

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

19. Claims out of time
(1) Subject to this section, if a claim for an item of loss damage or cost is not served on the Director before the expiration of the period specified in the fourth column of Part I of the First Schedule in respect of that item, the right to claim compensation therefor shall be barred.
(2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or after the expiry of that period, be extended in accordance with this section.
(3) Notice of an application under subsection (2) shall be given to the Director by the applicant.
(4) The Lands Tribunal may extend the period within which a claim must be served upon the Director if it considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in the fourth column of Part I of the First Schedule) or by any other reasonable cause or that the Government is not materially prejudiced in the conduct of its case or otherwise by the delay. (Amended 62 of 2000 s. 3)
(5) An extension may be granted by the Lands Tribunal under subsection (4), with or without conditions for such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.

20. Compensation disproportionate to the value of land
(1) Where it appears to the Chief Executive that compensation for any loss or damage under item 6 of Part I of the First Schedule is or may be disproportionate to the value of the building to which the compensation relates, he may make an order under section 4(1) in respect of that land or part thereof notwithstanding that it is not in the railway area.
(2) Upon the vesting in The Financial Secretary Incorporated or the reversion to the Government of land or part thereof pursuant to an order authorized by subsection (1), compensation shall be assessed under item 1 of Part I of the First Schedule, and under item 3 if applicable, and any other right to compensation under this Ordinance shall lapse. (Amended L.N. 180 of 1985; 29 of 1998 s. 105)
(3) Where a right to claim compensation under this Ordinance has lapsed by operation of subsection (2), the person to whom that right belonged pursuant to section 18(2), shall be entitled to include in his claim for compensation under item 1 of Part I of the First Schedule, and to receive from the Government, an amount to cover such costs and expenses as he has reasonably incurred in connection with a claim to enforce the right which has lapsed.
(Amended 62 of 2000 s. 3)

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

22. Claims by minors etc.
A claim may be brought on behalf of a minor by his guardian or guardians, or any of them, and on behalf of a mentally defective person by the person empowered by law to administer his assets.

23. Settlement after reference to Lands Tribunal
(1) At any time after proceedings have been commenced with the Lands Tribunal but before compensation is finally assessed the Director may make an offer in writing of the kind described in section 21(6)(a) or 21(6A)(c) or the claimant may by notice to the Director offer a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of his claim or any rejected part thereof.
(2) Where an offer made by the Director pursuant to section 21(6)(a) or 21(6A)(c) or by the Director or the claimant pursuant to subsection (1) is not accepted by the other party no part of the contents thereof which relates to any part of a claim before the Lands Tribunal shall be disclosed to that Tribunal until the amount of compensation for that part is assessed by it but a copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and opened by it after it has made its assessment.
(3) Where the Director has made any offer pursuant to section 21(6)(a) or 21(6A)(c) which is refused by the claimant or either party has made any offer pursuant to subsection (1) which is refused by the other and the compensation including costs (if any) assessed by the Lands Tribunal does not exceed the amount of compensation including costs (if any) comprised in the offer, the Lands Tribunal shall, unless for special reasons it thinks it proper not to do so, order the party who refused the offer to bear his own costs and to pay the costs of the other party in so far as the costs of either party are incurred after the making of the offer.
(Amended 66 of 1978 s. 5)