Page:Mass Transit Railway Ordinance (Cap. 556).pdf/38

MASS TRANSIT RAILWAY ORDINANCE

55. Railway premises are public places

For the avoidance of doubt, and without affecting any other Ordinance, it is declared that the railway premises and transport interchanges are public places for the purposes of the Public Order Ordinance (Cap. 245).

56. Corporation may prosecute in its name

Without affecting any Ordinance relating to the prosecution of criminal offences or the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions for an offence under this Ordinance may be brought in the name of the Corporation.

57. No civil liability for breach of statutory duty

(1) No breach of any duty of the Corporation created by or pursuant to this Ordinance gives rise to any civil liability.

(2) Subsection (1) does not affect any civil liability of the Corporation for negligence or otherwise which arises independently of a breach of any duty of the Corporation created by or pursuant to this Ordinance, regardless whether the circumstances giving rise to such civil liability would also be a breach of any duty created by or pursuant to this Ordinance.

58. Proceeds from sale, etc. of Government’s shares in Corporation

(1) Except as provided in subsection (2), monies received by the Financial Secretary Incorporated as the person holding shares in the Corporation, or from the sale of or other dealing in shares in the Corporation which are held by the Financial Secretary Incorporated, form part of the general revenue.

(2) Expenses incurred by the Financial Secretary Incorporated in connection with—
 * (a) the acquisition of shares in the Corporation;
 * (b) the holding of shares in the Corporation, or the sale of or other dealing in shares in the Corporation held by the Financial Secretary Incorporated;
 * (c) the listing of any shares in the Corporation on the Unified Exchange (being the stock market established under section 27 of the Stock Exchanges Unification Ordinance (Cap. 361)) or on a stock market specified in Schedule 2 to the Financial Resources Rules (Cap. 24 sub. leg.),

may be defrayed from the monies specified in subsection (1), and any amount applied or retained for that purpose does not form part of the general revenue for the purposes of section 3 of the Public Finance Ordinance (Cap. 2).