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

19A. Taking possession of Concession Property by Government upon revocation or expiry of franchise
(1) Section 19(1) does not apply to Concession Property.
(2) Where the franchise or that part of it relating to the KCRC Railways is revoked under section 18 or the franchise has expired and has not been extended under section 5, the Government, its nominee or a third party designated by the Government may take possession of any Concession Property and use such Concession Property in the operation of the service and the TSA bus service to the extent that they are covered by the revocation or expiry as it thinks fit.
(3) Subject to subsections (4) and (5), any Concession Property taken possession of under subsection (2) may be returned to KCRC or may be otherwise disposed of in a manner and upon terms the Chief Executive in Council may think fit.
(4) The right conferred under subsection (2) to take possession of any Concession Property and to use such Concession Property includes the right to keep or maintain such Concession Property in whatever condition or to alter such Concession Property in whatever manner.
(5) Without affecting any entitlement to compensation under section 19B, nothing in this Ordinance or any other law imposes on the Government any obligation in relation to the condition in which any Concession Property taken under subsection (2) is to be kept or returned.
(6) For the purpose of, and to the extent necessary to effect, the disposal under subsection (3) of any Concession Property taken possession of under subsection (2) (and for that purpose and to that extent only), title in that Concession Property is deemed to be vested in the Government.
(Added 11 of 2007 s. 15)

19B. Compensation for taking possession of Concession Property under section 19A
Where any Concession Property is taken possession of under section 19A(2), the Government is liable to pay such compensation to the Corporation in relation to that Concession Property as would be required to be paid by KCRC to the Corporation under the Service Concession Agreement had the Concession Property been taken possession of by KCRC or redelivered by the Corporation to KCRC under the Service Concession Agreement upon the termination or expiry of the Service Concession Agreement.
(Added 11 of 2007 s. 15)

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

19C. Rights to have access to and use KCRC Common Property or Corporation Common Property upon revocation or expiry of franchise
(1) Where the franchise or that part of it relating to the KCRC Railways is revoked under section 18 or the franchise has expired and has not been extended under section 5, the Government, its nominee or a third party designated by the Government may have access to any Corporation Common Property which is not taken possession of under section 19(1), and may use such Corporation Common Property in the operation of the service and the TSA bus service to the extent that they are covered by the revocation or expiry in accordance with the provisions of the operating agreement relating to such use.
(2) Where that part of the franchise relating to the KCRC Railways is revoked under section 18 and that part of the franchise relating to the Mass Transit Railway remains in force, the Corporation may have access to any KCRC Common Property which is taken possession of under section 19A(2), and may use such KCRC Common Property in the operation of the Mass Transit Railway in accordance with the provisions of the operating agreement relating to such use.
(3) In this section—
(a) Corporation Common Property (港鐵共用財產) means any property (other than Concession Property) which at the time of the revocation of the franchise or that part of it relating to the KCRC Railways or the expiry of the franchise (as the case may be), is property owned, kept or used by the Corporation for the purposes of or in connection with the operation of both the KCRC Railway and the Mass Transit Railway, and which falls within the definition of “Corporation Common Property” in the Service Concession Agreement;
(b) KCRC Common Property (九鐵共用財產) means any Concession Property which at the time of the revocation of that part of the franchise relating to the KCRC Railways, is Concession Property kept or used by the Corporation for the purposes of or in connection with the operation of both the KCRC Railway and the Mass Transit Railway, and which falls within the definition of “KCRC Common Property” in the Service Concession Agreement.
(Added 11 of 2007 s. 15)

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

20. Compensation for use of railway property under section 19
(1) The Government is liable to pay compensation for the use of, loss of or damage to any property taken possession of under section 19.
(2) If property taken possession of under section 19 is disposed of under section 19(3) otherwise than by being returned to the Corporation, compensation is payable in accordance with subsection (1) to the extent that the property is not replaced or its loss compensated for in some other manner.
(3) Where property taken possession of under section 19 is property that is already in the possession of the Government, its nominee or a third party designated by the Government by virtue of the exercise of powers conferred under section 15(5), the amount of any compensation payable under section 15(6) shall be deducted from the amount of compensation that would otherwise be payable under this section.
(4) Notice given by the Corporation under section 19(4) does not affect the Corporation’s entitlement to compensation under this section and, accordingly, the amount of any compensation payable under this section in respect of property specified in such a notice shall be calculated as if the property had been disposed of under section 19(3) without that notice having been given.
(5) The amount of any compensation payable to the Corporation under this section shall be calculated in accordance with the provisions of the operating agreement relating to the calculation of compensation payable under this section.

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

21. Government may be required to take possession of railway property
(1) Where there has been any occasion of exercise of the power conferred under section 19(1) to take possession of property used or kept by the Corporation for the purposes of or in connection with the franchise the Corporation may, by notice to the Secretary, request the Government to take possession of any other property which the Government, its nominee or a third party designated by the Government was entitled to take possession of, but did not take possession of, under that subsection on that occasion.
(2) A notice under subsection (1) shall be given within a period of 6 months from the occasion on which the power conferred under section 19(1) was exercised and shall, as regards any property which the Government is requested to take possession of—
(a) specify the property and its location;
(b) contain information, or be accompanied by documents, verifying that the property was, on the occasion of the exercise of the power under section 19(1), property which was used or kept by the Corporation for the purposes of or in connection with the franchise; and
(c) contain all information necessary for the Government to gain access to and take possession of the property.
(3) Unless there is some legal impediment to its doing so, or it is unable to gain access to the property, the Government shall take possession of the property specified in the notice referred to in subsection (1).
(4) A taking of possession of property by the Government under this section shall be treated for the purposes of section 20(1) and (2) as if it were a taking of possession of that property under section 19(1).
(5) For the purpose of, and to the extent necessary to effect, the disposal of any property taken possession of under subsection (3) (and for that purpose and to that extent only), title in the property is deemed to be vested in the Government.
(6) No action lies against the Government in respect of the taking of possession of any property under this section on the ground that the property was not property which the Government was entitled to take possession of under this section.

22. Power of entry
The Government, its nominee or a third party designated by the Government may, for the purpose of taking possession of property under this Part, enter upon any premises where it is reasonably necessary to do so for that purpose.