Page:Mass Transit Railway Ordinance (Cap. 556).pdf/35

MASS TRANSIT RAILWAY ORDINANCE

48. Perfection of vesting of foreign property, rights and liabilities

(1) MTRC and the Corporation shall take, as and when the Corporation considers appropriate, all steps necessary or desirable for securing that the vesting in the Corporation under this Part of any foreign property, right or liability is effective under the relevant foreign law.

(2) Until the vesting of any foreign property, right or liability of MTRC in the Corporation becomes effective under the relevant foreign law, MTRC shall hold that property or right for the benefit of, and discharge that liability on behalf of, the Corporation.

(3) Any costs and expenses incurred by MTRC under this section shall be met by the Corporation.

(4) Nothing in subsection (1) or (2) shall be taken as prejudicing the effect under the laws of Hong Kong of the vesting in the Corporation by virtue of section 37 or this section of any foreign property, right or liability.

(5) In this section, reference to any foreign property, right or liability is a reference to any property, right or liability in respect of which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a place outside Hong Kong.

49. Evidence of vesting

(1) The production of a Government Printer’s copy, or a document certified by a solicitor to be a true copy of a Government Printer’s copy, of this Ordinance shall be conclusive evidence for all purposes of any vesting effected by virtue of this Part.

(2) Without affecting the generality of subsection (1), a certificate given by or on behalf of the Corporation on or after the appointed day that any property, right or liability specified in the certificate (being property or a right or liability which immediately before the appointed day was that of MTRC) is vested in the Corporation under this Part is conclusive evidence for all purposes of the fact so certified.

(3) The Corporation shall register or cause to be registered in the Land Registry a Government Printer’s copy of this Ordinance in respect of the vesting of the properties of MTRC in the Corporation.

50. Waiver of prohibition of vesting

A provision contained in any deed, contract or other document—
 * (a) prohibiting or having the effect of prohibiting the vesting under this Part; or