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

23. Settlement or determination of claim for compensation
(1) The Government may compromise or settle any claim for compensation under this Ordinance.
(2) In default of an agreement between the Government and a claimant as regards the amount of compensation, if any, payable to the claimant under this Ordinance, the compensation shall be determined by arbitration under the Arbitration Ordinance (Cap. 609).
(3) For the purposes of an arbitration under subsection (2), the Government and the claimant shall be regarded as having made an arbitration agreement within the meaning of the Arbitration Ordinance (Cap. 609) the terms of which include a provision that the compensation shall, in the absence of an agreement, be determined by a single arbitrator.
(Amended 17 of 2010 s. 112)

24. Provisional payment pending determination of compensation
(1) Pending any determination of compensation by an arbitrator as provided in section 23, the Government may pay to a claimant an amount as a provisional payment of the amount, if any, payable under the arbitrator’s determination.
(2) A payment by the Government under subsection (1) in respect of a claim does not prejudice the claim or the submission of the claim to, or its determination by, the arbitrator under this Part; but the amount of compensation payable under the arbitrator’s determination in respect of the claim shall be reduced by the amount of the payment made.
(3) Where the amount of compensation payable under a determination of the arbitrator is reduced under subsection (2) by the amount of any payment made under subsection (1), only the amount of the compensation as so reduced bears interest for the purpose of section 25(1).
(4) Where the amount of a payment made by the Government under subsection (1) in respect of a claim exceeds the amount of the compensation determined by the arbitrator in respect of the claim, the amount of the excess is recoverable by the Government as a civil debt.

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

25. Interest on compensation
(1) Subject to this section and to section 24(3), a sum of money payable as compensation under this Ordinance bears interest as from the date on which the sum becomes payable until payment of the sum, calculated at a rate equal to the rate fixed by the Hong Kong Monetary Authority and known as the base rate, less 100 basis points.
(2) At any time after agreement or determination by an arbitrator of an amount of compensation to be paid under this Ordinance, the Government may, by notice published in the Gazette, require the claimant to collect the amount within the time and at the place specified in the notice, and in such case no interest is payable under this Ordinance in respect of the period after the expiry of the time so specified.
(3) No interest is payable under this Ordinance on any costs or remuneration in connection with the arbitration proceedings.

26. Appointment of inspectors
(1) The Secretary may in writing appoint any person as an inspector for the purposes of this Part.
(2) An inspector who is not a public officer may be paid, as a fee for his services, an amount determined by the Financial Secretary, and that amount shall be paid out of moneys provided for the purpose by the Legislative Council.
(3) When exercising any power, an inspector shall produce evidence of his identity, and of his appointment, to any person who requests him to do so.
(4) An inspector may take with him other persons whom he reasonably requires to assist him in the exercise of his powers.

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

27. General powers of inspectors
(1) An inspector may—
(a) at all reasonable times enter upon premises to which this subsection applies;
(b) carry out on premises to which this subsection applies, or on any machinery, plant or equipment used in connection with the franchise, any test or inspection he considers expedient;
(c) require a person to whom this subsection applies—
(i) to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection;
(ii) to provide the inspector with information which the inspector specifies relating to the railway or any machinery, plant or equipment connected with the railway, and to answer any question or produce for inspection any document which is necessary for that purpose; and
(iii) to provide a copy of any document which the inspector may require to be produced for inspection under subparagraph (ii).
(2) Subsection (1) applies to—
(a) the railway, the railway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the railway; and
(b) any employee of the Corporation and any contractor or subcontractor mentioned in paragraph (a) and his employees.
(3) The powers conferred by this section or by regulations made under section 33 may be exercised by an inspector only for the purpose of—
(a) ensuring the safety of the railway or railway premises; or
(b) investigating an accident which involved the railway or which occurred on the railway or on railway premises, when the inspector is directed to do so pursuant to those regulations,
and are exercisable in relation to an extension to the railway only if the extension has been brought into operation for public use.
(4) Nothing in this section requires any person—
(a) to produce any document which he 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 he could not be compelled to provide in evidence in civil proceedings in the High Court.
(5) An inspector shall not disclose, except to the Secretary, any information obtained pursuant to this section unless he has given reasonable notice to the Corporation beforehand.
(6) Any person who—
(a) without reasonable excuse, fails to comply with a requirement under subsection (1)(c);
(b) knowingly furnishes to an inspector acting under subsection (1)(c) information that is false or misleading in a material particular; or
(c) obstructs an inspector in the exercise of his powers under subsection (1),
commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.