Page:Mass Transit Railway Ordinance (Cap. 556).pdf/16

MASS TRANSIT RAILWAY ORDINANCE


 * (b) for such further successive periods not exceeding 6 months each as the Chief Executive in Council may determine,

and notice of any such determination shall be published in the Gazette.

(3) Subject to subsections (4) and (5), at any time during or upon the expiry of a period of retention under this section, property taken possession of under subsection (1) may be returned to the Corporation or may be otherwise disposed of in a manner and upon terms the Chief Executive in Council may think fit.

(4) At any time during the period for which any property is retained under subsection (2), the Corporation may by notice in writing to the Secretary inform the Government that the Corporation does not wish the property to be returned to the Corporation, and in that case the Government is not entitled to return the property to the Corporation under subsection (3).

(5) The right conferred under subsection (1) to take possession of property and to use that property in the operation of the railway includes the right to keep or maintain the property in whatever condition, or to alter the property in whatever manner, is considered appropriate for that purpose and, without affecting any entitlement to compensation under section 20, nothing in this Ordinance or any other law imposes on the Government any obligation in relation to the condition in which property taken under subsection (1) 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 property taken possession of under subsection (1) (and for that purpose and to that extent only), title in the property is deemed to be vested in the Government.

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.