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

54C. Public Bus Services Ordinance not to apply to TSA bus service during Concession Period
(1) During the Concession Period, the Public Bus Services Ordinance (Cap. 230) does not apply to the TSA bus service with the following exceptions—
(a) sections 16(1)(b), 18, 19, 20 and 21;
(b) sections 2 and 3 to the extent that they apply to the provisions specified in paragraph (a),
and for the purposes of those provisions, the Corporation shall be deemed to be a grantee within the meaning of that Ordinance.
(2) Section 53 of this Ordinance applies to a decision, direction or requirement of the Commissioner given under section 16(1)(b), 19 or 20 of the Public Bus Services Ordinance (Cap. 230) in respect of the TSA bus service as if the decision, direction or requirement were a decision of the Commissioner made under this Ordinance.
(3) Neither the Commissioner nor any other person shall disclose any information relating to the TSA bus service obtained pursuant to section 18 of the Public Bus Services Ordinance (Cap. 230) unless he has consulted the Corporation regarding his intention to do so.
(4) The powers conferred by section 21(1)(a) of the Public Bus Services Ordinance (Cap. 230) may be exercised in respect of the TSA bus service only for the purpose of—
(a) ensuring the safety of the TSA bus service; or
(b) investigating an accident which involved a bus used in the operation of the TSA bus service.
(5) No person shall disclose, except to the Commissioner, any information obtained through an inspection conducted in respect of the TSA bus service under section 21(1)(a) of the Public Bus Services Ordinance (Cap. 230) unless he has given reasonable notice to the Corporation beforehand.
(6) In this section, TSA bus service (西北鐵路巴士服務) means the service provided through the operation of bus services within the North-west Transit Service Area by the Corporation.
(Added 11 of 2007 s. 22)

55. Railway premises are public places
For the avoidance of doubt, and without affecting any other Ordinance, it is declared that the railway premises and transport interchanges are public places for the purposes of the Public Order Ordinance (Cap. 245).

56. Corporation may prosecute in its name
Without affecting any Ordinance relating to the prosecution of criminal offences or the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions for an offence under this Ordinance may be brought in the name of the Corporation.

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

57. No civil liability for breach of statutory duty
(1) No breach of any duty of the Corporation created by or pursuant to this Ordinance gives rise to any civil liability.
(2) Subsection (1) does not affect any civil liability of the Corporation for negligence or otherwise which arises independently of a breach of any duty of the Corporation created by or pursuant to this Ordinance, regardless whether the circumstances giving rise to such civil liability would also be a breach of any duty created by or pursuant to this Ordinance.

58. Proceeds from sale, etc. of Government’s shares in Corporation
(1) Except as provided in subsection (2), monies received by the Financial Secretary Incorporated as the person holding shares in the Corporation, or from the sale of or other dealing in shares in the Corporation which are held by the Financial Secretary Incorporated, form part of the general revenue.
(2) Expenses incurred by the Financial Secretary Incorporated in connection with—
(a) the acquisition of shares in the Corporation;
(b) the holding of shares in the Corporation, or the sale of or other dealing in shares in the Corporation held by the Financial Secretary Incorporated;
(c) the listing of any shares in the Corporation on a recognized stock market or a specified stock exchange as these terms are defined in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap. 571), (Replaced 5 of 2002 s. 407)
may be defrayed from the monies specified in subsection (1), and any amount applied or retained for that purpose does not form part of the general revenue for the purposes of section 3 of the Public Finance Ordinance (Cap. 2).

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

59. Securities of Corporation as authorized investment
(1) For the purposes of paragraph 1(a) of Schedule 2 to the Trustee Ordinance (Cap. 29), the Corporation is deemed to have paid a dividend as there mentioned in the calendar year in which the appointed day falls (whether or not the Corporation does in fact pay such a dividend in that year) and in each of the 5 years immediately preceding that year.
(2) For the purposes of paragraph 2 of Schedule 2 to the Trustee Ordinance (Cap. 29)—
(a) any debt security which was issued by, or the payment of principal and interest on which was guaranteed by, MTRC before the appointed day and which becomes vested in the Corporation by virtue of Part IX; or
(b) during any period for which the Government controls more than half of the voting power of the Corporation, any debt security which is issued by, or the payment of principal and interest on which is guaranteed by, the Corporation,
is deemed to be a debt security which satisfies the requirements of that paragraph.
(3)  In this section, Corporation (地鐵公司) means the company—
(a) which, as at the appointed day, is incorporated, and registered by the name “MTR Corporation Limited” in English and “地鐵有限公司” in Chinese, under the relevant Ordinance; and
(b) the Chinese name of which is changed to “香港鐵路有限公司” on the Merger Date under section 66(1). (Added 11 of 2007 s. 23)

(Amended 28 of 2012 ss. 912 & 920; E.R. 2 of 2014)

60. Corporation not a public body
Unless otherwise expressly provided for in any Ordinance, the Corporation is not a public body within the meaning of the Interpretation and General Clauses Ordinance (Cap. 1).

61. Requirement for Secretary, etc. to consult Corporation
(Amended 11 of 2007 s. 24)For the avoidance of doubt, a provision of this Ordinance requiring or providing for the Secretary, the Commissioner or any other person (the first-mentioned person) to consult with the Corporation or any other person (the second-mentioned person) in relation to any matter does not oblige the Secretary, the Commissioner or the first-mentioned person (as the case may be) to obtain the agreement of the Corporation or the second-mentioned person in relation to the matter.
(Amended 11 of 2007 s. 24)

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

62. Whether a notice, etc. is subsidiary legislation
A commencement notice issued under section 1(2), a regulation made under section 33 and a bylaw made under section 34 are all subsidiary legislation; any other instrument issued under this Ordinance is not subsidiary legislation.

63. Service of notices
(1) A notice to be given to the Secretary under this Ordinance may be delivered to the Secretary or sent to him by post.
(2) The address of the Secretary for the purposes of the giving of any notice under this Ordinance is the address specified in the operating agreement as the address for the service of notices on the Secretary under that agreement.
(3) A notice to be given to the Corporation under this Ordinance shall be marked for the attention of the chairman of the Corporation and may be delivered to the Corporation or sent to it by post.
(4) The address of the Corporation for the purposes of the giving of any notice under this Ordinance is the address specified in the operating agreement as the address for the service of notices on the Corporation under that agreement.
(5) For the purposes of this section, a notice is delivered to the Secretary or the Corporation if it is delivered to the address of the Secretary or the Corporation and left with a person apparently authorized to receive communications intended for the Secretary or the Corporation.