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

23. Maintenance of crossings, bridges, arches, culverts, etc. 

(Suspended from 2 December 2007—see section 40)
The Corporation shall construct and maintain for the use of the occupiers of land not held by the Government and adjoining the railway— (Amended 29 of 1998 s. 105)
(a) crossings of the railway for the purpose of making good any use of the land enjoyed before the railway was constructed or as nearly as is reasonably practicable; and
(b)  works for the purpose of conveying water from or to the land as freely as before the construction of the railway or as nearly as is reasonably practicable:

Provided that the Corporation shall not be obliged under this section to do anything—
(i) in such a manner as would prevent or inconvenience the use of the railway; or 
(ii) in respect to which the person, whose right to occupy the land has been prejudiced, made no objection or claim during the time of the construction of that part of the railway affecting that land or has accepted compensation; or
(iii) where, after the construction of that part of the railway adjoining any land, a natural or artificial feature of that land is altered by any event outside the control of the Corporation and the Corporation has done all that is required of it under this section before that alteration took place.

(Amended 56 of 1986 s. 21; 13 of 1998 s. 9)

24. The Kowloon-Canton Railway deemed to have been constructed under this Part
For the purposes of this Part the Kowloon-Canton Railway as existing immediately prior to the appointed day or as reconstructed in accordance with the scheme referred to in section 10(1)(c) shall be deemed to have been constructed under this Part and, in relation to any time before the appointed day, any reference to the Corporation shall be construed as a reference to the Government or, as the case may be, the General Manager of the Kowloon-Canton Railway.
(Amended 56 of 1986 s. 11)

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

25. Opening of extensions 

(Suspended from 2 December 2007—see section 40)
(1) No new railway or any extension to the railways shall be opened for the carriage of goods or passengers until the Corporation has certified in writing to the Chief Executive that the person appointed under subsection (2) has made a careful inspection of the new railway or, as the case may be, extension and, in the opinion of such person and in the opinion of the Corporation, the new railway or the extension is in a safe and sound condition and can be opened for the carriage of goods or, as the case may be, passengers. (Amended 56 of 1986 s. 12)
(2) The Chief Executive may in writing appoint any person for the purposes of this section who may be paid, as a fee for his services, such amount as the Financial Secretary thinks fit, and that amount shall be paid out of moneys provided for the purpose by the Legislative Council.
(3) A person appointed for the purposes of this section shall have the powers of an inspector conferred by section 16 or by regulations made under section 30 and such powers may, notwithstanding the provisions of section 15(3), be exercised for the purpose of inspecting the new railway or the extension in order to express an opinion thereon for the purposes of this section; and sections 15(4) and 15(5) shall apply in relation thereto. (Amended 56 of 1986 s. 12)
(Amended 62 of 1999 s. 3)

26. Power to enter lands
(1) The Chief Executive may authorize the Corporation, in case of any slip or other accident happening or being apprehended to any cutting, embankment or other work under its control, to enter upon any land not held by the Government and adjoining the railway, for the purpose of repairing or preventing the accident, and to do all such works as may be necessary for that purpose. (Amended 29 of 1998 s. 105)
(2) In a case of urgency the Corporation may enter upon the land and do the works mentioned in subsection (1) without the authority of the Chief Executive, but it shall, within 72 hours after such entry, make a report to the Chief Executive specifying the nature of the happening and of the works necessary to be done, and the power of the Corporation under this subsection shall cease if the Chief Executive considers that the exercise of the power is not necessary for the public safety.
(Amended 62 of 1999 s. 3)

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

27. Removal of trees
(1) Where a tree is situated so that it—
(a) would obstruct the operation of the railway; or (Amended 13 of 1998 s. 9)
(b) conceals or partially conceals a fixed signal from any point on the line of rail,
the Corporation may remove the tree or any part thereof and enter upon any land adjacent to railway premises for the purpose. (Amended 56 of 1986 s. 21)
(2) No claim shall arise out of the removal of any tree or part thereof under this section.

29. Claims for compensation
(1) Except as provided in subsection (2), no person shall have any right against the Corporation or any other person for any compensation, loss or damage in respect of any land or the use of any land and arising from any work carried out under this Part in connexion with the railway or the use of the railway. (Amended 56 of 1986 s. 21; 13 of 1998 s. 9)
(2) Subject to subsection (4), any person who suffers any injury to any private right in respect of any interest in any land adjoining the railway and which directly arises from any work carried out under this Part in connexion with the railway may submit a claim for compensation to the Corporation in respect of any actual loss fairly and reasonably arising from that injury. (Amended 56 of 1986 s. 21; 13 of 1998 s. 9)
(3) Subject to subsection (4), after the expiry of 3 months from the date of the submission of his claim to the Corporation, the claimant may, if the claim has not been agreed, submit his claim to the Lands Tribunal for determination and, for this purpose, the Lands Tribunal shall have jurisdiction to determine the claim under the Lands Tribunal Ordinance (Cap. 17).
(4) No claim for compensation shall be brought after the expiration of 3 years from the date on which the injury on which the claim is founded was suffered.