Page:Mass Transit Railway Ordinance (Cap. 556).pdf/17

MASS TRANSIT RAILWAY ORDINANCE

(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.

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.