Page:Mass Transit Railway Ordinance (Cap. 556).pdf/41

65. Consequential amendments

Subject to any notice issued under section 1(2), the consequential amendments set out in Schedule 6 have effect on and from the appointed day.

Sections 4 and 9 of the repealed Ordinance

Sections 4 and 9 of the repealed Ordinance, as modified for the purposes of section 52(2)(a), are as follows—

“4. Board of MTRC

(1) The Board of the Mass Transit Railway Corporation (“MTRC”) comprises—

(a) a chairman appointed by the Chief Executive; and

(b) such one or more other persons as the Chief Executive may appoint.

(2) The Board is the governing body of MTRC with authority, in the name of MTRC, to exercise and perform the powers, functions and duties conferred or imposed on MTRC by or under Part IX of the Mass Transit Railway Ordinance (13 of 2000) and to do such things as it considers expedient for or conducive to the attainment of such powers, functions and duties or for any purpose it considers reasonably incidental to or consequential upon such powers, functions and duties.

(3) The Chairman and any person appointed under subsection (1)(b) may—

(a) resign his office by notice to the Chief Executive; or

(b) be removed from office by the Chief Executive.

(4) Arrangements relating to meetings of the Board, and the procedure at meetings of the Board, shall be such as the Board may determine.

9. Documents of MTRC

(1) The Mass Transit Railway Corporation (“MTRC”) may make and execute all such documents as may be considered by the Board to be expedient for or conducive to the attainment of the objects of Part IX of the Mass Transit Railway Ordinance (13 of 2000) or to be reasonably incidental to or consequential upon the attainment of those objects.

(2) A document made by MTRC is deemed to be duly executed—

(a) if sealed with the seal of MTRC in the presence of a member of its Board; or

(b) if signed on behalf of MTRC by a member of its Board.

(3) Any document purporting to be executed in accordance with subsection (2) is, unless the contrary is proved, deemed to have been duly executed.

(4) A document executed by MTRC in accordance with subsection (2)(b) is not ineffectual in law by reason only of the fact that, apart from this subsection, it would be required by law to be executed under seal.”.

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Provisions of Public Health and Municipal Services Ordinance disapplied

1. No remedy lies against the Corporation under section 127 of the Public Health and Municipal Services Ordinance (Cap. 132) (“PHMSO”) in respect of a nuisance described in section 12(1)(g) of the PHMSO.

2. Section 22 of the PHMSO does not apply to anything done by or on behalf of the Corporation in the course of constructing an extension.