### Railways Ordinance 《鐵路條例》

37. Payment to mortgagees
(1) Subject to subsection (2), a mortgagee of land which reverts to the Government or vests in The Financial Secretary Incorporated under this Ordinance, in so far as he has priority over any other mortgagee, is entitled to be paid so much of any compensation as is required to pay out his mortgage debt including any interest owing.
(2) If compensation is payable under this Ordinance otherwise than for land resumed or if the land to which compensation relates is part only of the mortgage security, a mortgagee, in so far as he has priority as against any other mortgagee, is entitled to be paid so much of the compensation as is necessary to reduce his mortgage debt to an amount which is adequately secured by the land or the remaining land as the case may be.
(3) The payment of compensation, as required by subsections (1) and (2), is to be made with the written agreement of the claimant and every mortgagee of the land or failing agreement in accordance with an order of the High Court under subsection (4). (Amended 25 of 1998 s. 2)
(4) The claimant or a mortgagee may apply to the High Court for an order as to the payment of unpaid compensation. On the application the Court may make such order as it thinks just and equitable having regard to subsections (1) and (2). (Amended 25 of 1998 s. 2)

38. Interest
(1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs)— (Amended 6 of 2001 s. 12)
(a) for compensation payable under item 1 in Part II of the Schedule, as if the claim were made under the Lands Resumption Ordinance (Cap. 124) for land resumed under that Ordinance; and (Amended 29 of 1998 s. 101)
(b) in any other case, from the date and for the period it thinks fit. (Amended 6 of 2001 s. 12; 25 of 2023 s. 101)
(2) For subsection (1)(b), the rate of interest payable—
(a) in respect of a day on which the reference interest rate is published (publication day

39. Compensation payable out of general revenue
All compensation (including any interest) and all costs—
(a) agreed to be paid to the claimant by the Secretary; or
(b) awarded by the Lands Tribunal against the Government,
are to be paid out of the general revenue within 3 months of the agreement or final award, unless there is a dispute as to the person entitled to such compensation.

### Railways Ordinance 《鐵路條例》

40. Surrender of title documents
The Secretary may require any claimant to whom compensation is payable for land resumed to surrender his documents of title to the Secretary as a condition of payment being made. Where the documents of title relate also to land not resumed, the Secretary is to return them to the claimant after the resumption has been noted in the register of the land kept in the Land Registry.

41. Certain statements to be evidence
A statement which is—
(a) a statement in an order or a notice, or in a declaration in an order or a notice, made or given under this Ordinance to the effect that—
(i) the resumption of any land;
(ii) the reversion to the Government or the vesting in The Financial Secretary Incorporated of any land;(Amended E.R. 3 of 2021)
(iii) the creation of an easement or right; or
(iv) an authorization or a declaration under section 22(1)(a), (b) or (c),
is for the purposes of or incidental to the scheme;
(b) a statement in a notice given under this Ordinance to the effect that—
(i) any power is exercised under section 5 in order to prepare, correct or amend a plan or scheme;
(ii) any power is exercised under section 24 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; or
(iii) the exercise of any power under any of the provisions of this Ordinance is necessary or required for the scheme;
(c) a statement made in writing by the Secretary for the purposes of section 15 to the effect that—
(i) any works—
(A) only involve minor physical or structural operations; or
(B) only create minimal adverse effect on the road users and other people in the neighbourhood; or (Replaced 25 of 2023 s. 102)
(ii) a road serves no useful purpose,
must be admissible as sufficient evidence of the facts stated therein, until the contrary is proved. (Amended 25 of 2023 s. 102)

42. Disposal of lands and easements
Any land resumed or any Government foreshore or sea-bed reclaimed or any easement or other right created under this Ordinance and any land which becomes vested in The Financial Secretary Incorporated may be used in such manner as the Government or The Financial Secretary Incorporated thinks fit and may be disposed of to any person by any means and on any terms.

### Railways Ordinance 《鐵路條例》

42A. Absence of authorization of expenditure for works not prevent certain matters
The fact that the expenditure for any works to be carried out for a scheme has not been approved or authorized under the Public Finance Ordinance (Cap. 2) or any other enactment does not prevent—
(a) the authorization of the scheme under section 11 or 12;
(b) the authorization of the works under section 15;
(c) the exercise of a power under section 13(2), 16, 20, 22, 24, 25, 26, 27 or 28; or
(d) the provision of any compensation (whether monetary or non-monetary) or any financial or other assistance, whether or not under an enactment, in connection with the scheme or the works.
(Added 25 of 2023 s. 103)

43. Certain Ordinances not to apply
Except to the extent that provision is otherwise made in this Ordinance—
(a) the Lands Resumption Ordinance (Cap. 124) does not apply to the resumption of any land ordered under this Ordinance nor to any claim for or determination, award or payment of compensation for the resumption; (Amended 29 of 1998 s. 101)
(b) the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) does not apply to an order made under this Ordinance nor to its implementation or effects;
(c) the Buildings Ordinance (Cap. 123) does not apply to the scheme for the purpose of giving rise to any claim for compensation; and
(d) the Roads (Works, Use and Compensation) Ordinance (Cap. 370) does not apply to the resumption of any land ordered under this Ordinance nor to any claim for or determination, award or payment of compensation for the resumption.