Page:Mass Transit Railway Ordinance (Cap. 556).pdf/37

MASS TRANSIT RAILWAY ORDINANCE

PART X '''53. Appeal to Chief Executive in Council'''

(1) This section applies to any decision of the Secretary or the Commissioner, or any person authorized by either of them, which is made under any provision of this Ordinance other than section 15(5), 19(1), 22, 26 or 33.

(2) If the Corporation is aggrieved by any decision to which this section applies the Corporation may, within 28 days after the making of the decision, appeal by petition to the Chief Executive in Council.

(3) The decision of the Chief Executive in Council on any appeal under this section is final.

(4) Where the Corporation appeals under this section, the decision under appeal shall not have effect until the appeal has been determined, unless the Chief Executive in Council directs otherwise.

(5) Any person who has made a decision to which this section applies shall, if so requested by the Corporation, and within a period that is reasonable in the circumstances, furnish the Corporation with reasons for his decision.

(6) In this section, reference to a decision made by any person includes reference to a direction given or a requirement imposed by that person.

54. Application of certain laws to Corporation

(1) The Public Health and Municipal Services Ordinance (Cap. 132) does not apply to the Corporation, in relation to the provision of a service under the franchise, to the extent set out in Schedule 2.

(2) The Building Authority may—
 * (a) having regard to the exceptional nature of building or other works connected with the operation or construction of the railway; and
 * (b) on such conditions as he may specify, either generally or in any particular case,

exempt any of those works from any provision of the Buildings Ordinance (Cap. 123).

(3) Except as provided in subsection (2), the Buildings Ordinance (Cap. 123) applies to any building or other works carried out by or on behalf of the Corporation.