### Railways Ordinance 《鐵路條例》

3. Assumption and delegation by Secretary
(1) The Secretary may act under this Ordinance in relation to any works which he proposes or causes to be executed by some other person, other than a public officer, as well as in relation to works which he proposes or causes to be executed, on his behalf, by a public officer and this Ordinance applies to the works.
(2) Where the Secretary proposes that any works be executed by some other person, any compensation payable in respect of those works is, subject to any agreement, payable by the Government.
(3) The Secretary may in writing authorize any named person either generally or in any particular case to exercise any of the powers, functions and duties conferred or imposed upon him under this Ordinance.

4. Preparation of scheme
If the Secretary proposes that a railway is to be constructed or modified, improved or extended in a way which the Secretary considers is not minor, he is to prepare or cause to be prepared a scheme for the railway that—
(a) sets out the general nature and effects of the railway;
(b) includes a plan delineating the boundaries of the scheme showing—
(i) the land that the Government may resume under this Ordinance for or incidental to the railway;
(ii) the land in, under or over which the Government may create an easement or other permanent or temporary right under this Ordinance for or incidental to the railway and the nature of the easement or right;
(iii) the roads, foreshore or sea-bed over which the Government may exercise powers under this Ordinance for or incidental to the railway and indicate the extent to which the powers may be exercised.

5. Inspection and survey
(1) The Secretary may enter and may authorize a person to enter any land or building at any reasonable time to—
(a) inspect, carry out a site investigation or test including drilling, excavating and installing or removing instruments;
(b) survey and take levels; and
(c) set out any line of works,
in order to prepare, correct or amend a plan or scheme.
(2) The Secretary or authorized person must give at least 28 days written notice to the owner and the occupier of the land or building of an intended entry and must describe in the notice the purpose of the entry.

### Railways Ordinance 《鐵路條例》

6. Deposit and publication of schemes
(1) The Secretary must deposit a copy of the scheme in the Land Registry.
(2) The Secretary must deposit a copy of any amendment to the scheme and any correction made under section 8 in the Land Registry.
(3) A person may inspect a scheme free of charge at the times and the places as the Secretary reasonably directs during the period that the scheme is open for objections.
(4) The Secretary must within 21 days of depositing a scheme, amendment to a scheme or any correction made under section 8, publish notice of the deposit.
(5) A notice is to contain—
(a) a description of the general nature and effects of the scheme or of the nature and extent of the amendment or the correction;
(b) details of where and when the public may inspect a copy of the scheme, the amendment or the correction; and
(c) details of how a member of the public may obtain a copy of the scheme, the amendment or the correction.
(6) The Secretary must publish the notice—
(a) in Chinese and English in 2 issues of the Gazette;
(ab) on the website specified by the Secretary; (Added 25 of 2023 s. 93)
(b) in 2 issues of a Chinese language daily newspaper published in Hong Kong;
(c) in 2 issues of an English language daily newspaper published in Hong Kong; and
(d) by fixing copies in Chinese and English in prominent positions within the boundaries of the scheme where the notice will be seen by the public.
(7) The Secretary must advise a District Council whose district the scheme will affect of the deposit of the scheme, amendment or correction and supply a copy of the scheme, amendment or correction to the District Council. (Amended 25 of 2023 s. 93)
(8) The Secretary is to ensure that a person who applies for a copy of the scheme, amendment or correction is to obtain the copy at a reasonable cost.

7. Amendment of schemes
The Secretary may amend a scheme. Subject as otherwise provided in this Ordinance, the amended scheme is subject to the same requirements under this Ordinance as the original scheme except that objections to an amendment to a scheme are limited to the amendment of the scheme.

### Railways Ordinance 《鐵路條例》

8. Corrections
(1) The Secretary may make a correction to the scheme if in the Secretary’s opinion, the changes are minor and private rights or interests are not affected by the correction.
(2) The Secretary may make a correction that affects private rights or interests if the correction relates to locations within the boundaries of the scheme and—
(a) results in private rights or interests being affected to a lesser extent than formerly; or
(b) results in an increase in the extent to which the private rights or interests are affected which increase is minor in the opinion of the Secretary.
(3) The Secretary must serve written details of a correction on the owner of private rights or interests affected by the correction within 28 days of publishing the notice of the correction in the Gazette.

9. Decision not to execute works
(1) The Secretary must publish notice in the manner set out in section 6 if he decides not to execute the works for which a copy of a scheme has been deposited under that section. On publishing the notice, the powers set out in section 5, 11, 15, 16, 20, 22, 24, 25, 26, 27 or 28 cease to be exercisable in relation to those works.
(2) This section does not affect anything lawfully done under this Ordinance before the publication or any rights (including rights to compensation) then accrued under this Ordinance in respect of the exercise of any of those powers.

10. Objections
(1) Subject to other provisions of this section, a person may, not later than 60 days after the first publication of the relevant notice under section 6, object to the scheme, a part of the scheme or an amendment to the scheme by delivering an objection in writing to the Secretary.
(2) A person may object to an amendment to a scheme only on matters arising from the amendment to the scheme.
(3) An objection alleging that a person is affected by the scheme must describe the interest of the person and the manner in which he alleges he is affected by the scheme.
(3A) An objection lodged on a ground relating to any compensation (whether monetary or non-monetary) or any financial or other assistance (compensation or assistance