### Railways Ordinance 《鐵路條例》

18. Resumption order
(1) An order made under section 16 is to specify the period of notice to be given under subsection (2), which period is to—
(a) run from the day on which notice of the resumption is affixed on or near the land and in no case expire earlier than 28 days from that day; and
(b) prevail over any other period of notice or resumption (whether shorter or longer) provided for by the Government lease or other instrument under which the land is held.
(2) Unless the Chief Executive has previously revoked the order for resumption, the resumption of the land described in the order is to be effective upon expiration of the period of notice specified in the order and, upon its expiry, that land is to— (Amended 62 of 1999 s. 3)
(a) where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such rights to the use and occupation of any building or part of the building as may be appurtenant to the ownership of that share; and
(b) in all other cases, revert to the Government,
but in either case the land is to vest or revert without any conveyance and free of all mortgages, charges, claims, estates, easements, rights or interests of any kind in favour of any person.
(3) The ownership of any apparatus belonging to an owner or supplier of gas, electricity, water or telecommunications services and situated in, under or over any land is not altered by reason only of the vesting or reversion of that land under subsection (2). (Amended 36 of 2000 s. 28)
(4) The Secretary is required, as soon as practicable after the land has vested in The Financial Secretary Incorporated or reverted to the Government, to cause such vesting or reversion to be noted in the register of the land kept in the Land Registry.
(5) Upon vesting of an undivided share in The Financial Secretary Incorporated, the share together with any part of a building the exclusive use and occupation of which is appurtenant to the ownership of the share, is taken to be unleased land for the purposes of section 6 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28). (Amended 29 of 1998 s. 100)

### Railways Ordinance 《鐵路條例》

19. Notices of resumption of land
(1) Notice of resumption by order made under this Ordinance is to be—
(a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order;
(b) published—
(i) in Chinese and English in one issue of the Gazette;
(ia) on the website specified by the Secretary; (Added 25 of 2023 s. 97)
(ii) in one issue of a Chinese language daily newspaper published in Hong Kong;
(iii) in one issue of an English language daily newspaper published in Hong Kong; and
(iv) by affixing a copy in Chinese and English on or near the land mentioned in the order; and
(c) made available for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during normal opening hours.
(2) A notice of resumption must—
(a) describe the land to be resumed and state that an order for resumption has been made under this Ordinance for the land;
(b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be inspected;
(c) state the day on which the notice was affixing on or near the land;
(d) state the period of notice specified by the Chief Executive; (Amended 62 of 1999 s. 3)
(e) declare that, on expiry of that period, the land described in the notice reverts to the Government or vests in The Financial Secretary Incorporated, as the case may require, for the purposes of or incidental to the scheme; and
(f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Secretary.

### Railways Ordinance 《鐵路條例》

20. Chief Executive may order creation of easements and rights
(1) The Chief Executive may by order create easements and other permanent rights in, under or over land and rights of temporary occupation of land within the boundaries of the scheme, which easements and rights were proposed in the scheme in favour of the Government for the purposes of or incidental to the railway. (Amended 62 of 1999 s. 3)
(2) An order under subsection (1) must specify the period of notice to be given to the owner and occupier of the land over which the rights are created. The notice period is to run from the day on which notice of the order creating the easement or right is affixed to the land and in no case to expire earlier than 28 days from that day.
(3) An order referred to in subsection (1) may contain such consequential and incidental provisions as appear to the Chief Executive to be necessary or expedient for the purposes of the order including in particular provisions for authorizing persons to enter upon land or building for the purposes of carrying out any operations or installing, maintaining or removing any structures or apparatus. (Amended 62 of 1999 s. 3)
(4) Unless the Chief Executive has revoked the order referred to in subsection (1), upon expiry of the notice period, the easement or right is to be created in favour of the Government and the benefits and obligations of that right and all consequential and incidental provisions are to be of full force and effect against all persons having any estate, right, share or interest in the land without any consent, grant or conveyance. (Amended 62 of 1999 s. 3)
(5) A person is not permitted, in exercise of any power of entry under subsection (3), to enter upon any land which is occupied without giving at least 28 days’ notice of his intention to do so, unless the Secretary is of the opinion that an emergency exists which necessitates immediate entry. (Amended E.R. 3 of 2021)
(6) A notice under subsection (5) must be served on the owner and occupier of the land.
(7) The ownership of any thing is not to be altered by reason only that it is placed on or affixed to any land in exercise of the rights and powers arising from or incidental to an easement or right created under subsection (1).
(8) The Secretary is required, as soon as practicable after an easement or other permanent right has been created in favour of the Government, to cause the creation of such easement or right to be noted in the register of the land kept in the Land Registry.