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

12. Limitation on powers under sections 10 and 11
(1) Nothing in section 10 or 11 requires the Corporation or any other person—
(a) to produce any document which the Corporation or that other person could not be compelled to produce in civil proceedings in the High Court; or
(b) in complying with any requirement for the furnishing of information, to provide any information which the Corporation or that other person could not be compelled to provide in evidence in civil proceedings in the High Court.
(2) Neither the Secretary nor any other person shall disclose any information obtained pursuant to section 10 or 11 unless he has consulted the Corporation regarding his intention to do so.

12A. Maintenance of crossings, bridges, arches, culverts, etc.
(1) During the Concession Period, the Corporation shall construct and maintain for the use of the occupiers of land not held by the Government and adjoining the KCRC Railway—
(a) crossings of the KCRC Railway for the purpose of making good any use of the land enjoyed before the KCRC 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 KCRC Railway was constructed or as nearly as is reasonably practicable.
(2) The Corporation shall not be obliged under this section to do anything—
(a) in such a manner as would prevent the use or cause inconvenience in the use of the KCRC Railway;
(b) in respect of any matter in relation to which any person whose right to occupy the land has been prejudiced has made no objection or claim during the time of the construction of that part of the KCRC Railway affecting that land or in relation to which that person has accepted compensation; or
(c) where, after the construction of that part of the KCRC 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.
(Added 11 of 2007 s. 9)

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

13. Chief Executive in Council may give directions
(1) The Chief Executive in Council may, if he considers the public interest so requires, and after consultation between the Secretary and the Corporation, give directions in writing to the Corporation in relation to any matter concerning the franchise and the TSA bus service operated by the Corporation. (Amended 11 of 2007 s. 10)
(2) The directions may be of a general or specific nature.
(3) The Corporation shall comply with any direction given, unless the direction is inconsistent with this Ordinance.
(4) The Government is liable to pay compensation to the Corporation for loss or damage of any kind (including consequential loss) sustained by the Corporation and in any way arising from or attributable to the Corporation’s compliance with a direction under this section.
(5) Reference in subsection (4) to loss or damage includes reference to loss or damage arising from or attributable to the Corporation’s compliance with a direction under this section that is contrary to prudent commercial principles.

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

14. Chief Executive in Council may impose financial penalty
(1) The Chief Executive in Council may, on a reference by the Secretary, by notice in writing impose on the Corporation a financial penalty specified in the notice for any failure by the Corporation to comply with any provision of this Ordinance or the operating agreement, or with any direction, specification or requirement given under this Ordinance or the operating agreement.
(2) The Corporation shall not be found liable to the imposition of a penalty under subsection (1) unless—
(a) the Corporation has been given an opportunity to make representations to the Chief Executive in Council; and
(b) the Chief Executive in Council is satisfied—
(i) that the failure is substantial or is persistent in nature; and
(ii) where the obligation is one of a continuing nature, that the Corporation has had a reasonable opportunity of remedying the failure.
(3) A financial penalty imposed under this section shall not exceed—
(a) in respect of any failure—
(i) in the case of a first imposition of such a penalty, an amount equal to a fine at level 3;
(ii) in the case of a second imposition of such a penalty, an amount equal to a fine at level 4;
(iii) in the case of a third or subsequent imposition of such a penalty, an amount equal to a fine at level 5; and
(b) in respect of any failure which is of a continuing nature, $10,000 for each day on which the failure continues,
and in this subsection, reference to an amount equal to a fine at a certain level is a reference to the amount shown in Schedule 8 to the Criminal Procedure Ordinance (Cap. 221) as the amount of a fine of that level for an offence under an Ordinance.
(4) A financial penalty imposed under this section is recoverable by the Government as a civil debt.
(5) Where the Chief Executive in Council is considering the imposition of a penalty on the Corporation under this section, he shall not take into account any failure of the Corporation which was considered for the purposes of a previous imposition of a penalty on the Corporation under this section, unless the Corporation has failed to pay that previous penalty or to rectify any default that gave rise to the failure in question.

(6) This section does not apply to any provision of this Ordinance the contravention of which is an offence under this Ordinance.

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

15. Suspension of franchise
(1) If, on a reference by the Secretary, the Chief Executive in Council considers that—
(a) an emergency exists or is likely to come into existence; or
(b) there is or is likely to be for any reason a substantial breakdown in the operation of the railway, other than a breakdown that appears to be capable of being remedied within a reasonable period,
and if he considers that it is in the public interest to do so, the Chief Executive in Council may order that the franchise be suspended either wholly or in part.
(2) Before making any reference to the Chief Executive in Council under subsection (1)(b) the Secretary shall, as far as is practicable in the circumstances, consult the Corporation in relation to the proposed reference; and the Secretary shall bring to the attention of the Chief Executive in Council any representations made by the Corporation during the consultation.
(3) An order for suspension under subsection (1) remains in effect until the Chief Executive in Council orders the suspension terminated.
(4) Notice in writing of any order made under subsection (1) or (3) shall be given to the Corporation.
(5) Where the franchise is suspended under subsection (1) (whether wholly or in part), the Government, its nominee or a third party designated by the Government—
(a) may take possession of any property which at the time of such suspension is property used or kept by the Corporation for the purposes of or in connection with the suspended part of the franchise;
(b) during the course of the suspension, may retain any property taken possession of under paragraph (a) and may use that property in the operation of the railway as it thinks fit.
(6) The Government is liable to pay compensation—
(a) for the use of, loss of or damage to any property taken possession of under subsection (5); and
(b) except where a franchise is revoked under section 18, for loss or damage of any kind (including consequential loss) sustained by the Corporation and in any way arising from or attributable to the suspension of the franchise under subsection (1).
(7) The right conferred under subsection (5) to take possession of property and to use that property in the operation of the railway includes the right to keep or maintain the property in whatever condition, or to alter the property in whatever manner, is considered appropriate for that purpose and, without affecting any entitlement to compensation under subsection (6), nothing in this Ordinance or any other law imposes on the Government any obligation in relation to the condition in which property taken under subsection (5) is to be kept or returned.