### Public Bus Services Ordinance 《公共巴士服務條例》

25C. Power of entry
The Government or its nominee may, for the purpose of taking possession of property under this Part, enter upon any land or buildings on land where it is reasonably necessary to do so for that purpose.
(Added 82 of 1995 s. 6) Editorial Note:
The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995).

25D. Determination of compensation by arbitrator
(1) The Government may compromise or settle any claim for compensation under this Part.
(2) In default of an agreement between a claimant for compensation under this Part and the Government as regards the amount of compensation, if any, payable to the claimant the compensation shall be determined by arbitration under the Arbitration Ordinance (Cap. 609) and for that purpose the Government and the claimant shall be regarded as having made an arbitration agreement within the meaning of that Ordinance whose provisions shall be deemed to include a provision that the compensation referred to shall, in the absence of an agreement, be determined by a single arbitrator. (Amended 17 of 2010 s. 112)
(Added 82 of 1995 s. 6)Editorial Note:
The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995).
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### Public Bus Services Ordinance 《公共巴士服務條例》

25E. Provisional payment pending determination of compensation
(1) Where any offer of compensation made by the Government to any person under this Part in respect of any claim is not accepted, the Government may, pending the determination by the arbitrator of the compensation, if any, payable in respect of such claim under this Part, pay—
(a) an amount as a provisional payment of the amount payable by virtue of such determination; and
(b) interest on any payment made under paragraph (a), for the period from the date on which the amount becomes payable until the date on which the payment is made, calculated at a rate equal to the 7 day deposit rate plus 2%, where 7 day deposit rate (7天通知存款利率) means the highest rate of interest (expressed as a percentage) paid from time to time by the continuing members of the Committee of The Hong Kong Association of Banks on deposits of that amount fixed for 7 days.
(2) Any payment made by the Government under subsection (1) in respect of any claim shall be without prejudice to the claim or the submission of the claim to, or its determination by, the arbitrator under this Part; but the amount of compensation payable by virtue of such determination in respect of such claim shall be reduced by the amount of such payment.
(3) Where the amount of compensation payable by virtue of a determination of the arbitrator under this Part is reduced under subsection (2) by the amount of any payment made under subsection (1), such compensation shall not as from the date on which the payment is made bear interest except on the amount of the compensation as so reduced.
(4) Where the amount of any payment made by the Government under subsection (1) in respect of any claim exceeds the amount of the compensation determined by the arbitrator in respect of such claim, the amount of the excess shall be recoverable by the Government as a civil debt.
(Added 82 of 1995 s. 6) Editorial Note:
The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995).

### Public Bus Services Ordinance 《公共巴士服務條例》

25F. Payment of compensation and interest
(1) At any time after agreement or determination by the arbitrator of the amount of compensation to be paid under this Part, the Government may by notice published in the Gazette require the person entitled to such compensation to collect the same within the time and at the place specified in the notice.
(2) Subject to section 25E(3), any sum of money payable as compensation by virtue of an agreement under this Part or a determination of the arbitrator shall bear interest from the date on which it became payable until the expiration of the time specified in the notice referred to in subsection (1); but no interest shall be payable on any costs or remuneration.
(3) The rate of interest for the purposes of subsection (2) shall be a rate equal to the 7 day deposit rate plus 2%, where 7 day deposit rate (7天通知存款利率) means the highest rate of interest (expressed as a percentage) paid from time to time by the continuing members of the Committee of The Hong Kong Association of Banks on deposits fixed for 7 days of an amount equal to the amount of compensation payable.
(Added 82 of 1995 s. 6) Editorial Note:
The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995).

### Public Bus Services Ordinance 《公共巴士服務條例》

26A. Deduction of financial penalty payments
In ascertaining as regards a grantee, its—
(a) operating costs; or
(b) service related expenditure,
for any purpose related to this Ordinance or the franchise granted to such grantee under this Ordinance, neither of the following shall be taken into account—
(i) any amount paid by or recovered from the grantee as a financial penalty imposed under section 22; or
(ii) any costs paid or incurred by it in connection with the recovery of a financial penalty under section 22(5).
(Added 66 of 1994 s. 3)

27. Development Fund
(1) A grantee shall, for the purposes of its franchise, maintain a Reserve to be called the Development Fund the purpose of which, subject to section 28(4) and (5), shall be to assist in the acquisition of fixed assets.
(2) The balance in the Development Fund represents a liability of a grantee and shall not be applied except as provided in this Part or in the franchise of a grantee.

### Public Bus Services Ordinance 《公共巴士服務條例》

28. Permitted return
(1) The permitted return to a grantee in an accounting year shall be an amount equal to the percentage per annum specified in its franchise of the average net fixed assets of the grantee in that accounting year. (Amended 30 of 1986 s. 3)
(2) There shall be deducted from the permitted return the amounts specified in section 29.
(3) Where in an accounting year the operating receipts of a grantee exceed the aggregate of—
(a) the operating costs of the grantee; (Replaced 30 of 1986 s. 3)
(b) any profits tax arising from the operating profit of the grantee; and (Replaced 30 of 1986 s. 3)
(c) any deferred tax (the inclusion of deferred tax in the accounts for that accounting year being at the discretion of the grantee), (Added 30 of 1986 s. 3)
for that accounting year, the grantee shall deduct the permitted return from such excess or so much thereof as is permitted by such excess, and in the former case any excess remaining thereafter shall be added to the Development Fund.
(4) Where in an accounting year—
(a) the operating receipts of a grantee are less than the aggregate of the amounts in respect of subsection (3)(a), (b) and (c); or (Amended 30 of 1986 s. 3)
(b) only part of the permitted return has been deducted under subsection (3),
the grantee shall, subject to subsection (5), deduct from the Development Fund—
(i) in the case of paragraph (a), the deficiency in the operating receipts and the entire amount of the permitted return; and
(ii) in the case of paragraph (b), such part of the permitted return as has not been deducted under subsection (3).
(5) If in an accounting year there is no balance in the Development Fund, or the balance in the Development Fund is insufficient, for the purposes of subsection (4)(i) or (ii) as the case may be, the Financial Secretary may in writing permit the grantee to deduct from the Development Fund in subsequent years any amount due to it under that subsection in that accounting year.