CROSS-HARBOUR TUNNEL ORDINANCE

CROSS-HARBOUR TUNNEL ORDINANCE

LAWS OF HONG KONG

CROSS-HARBOUR TUNNEL ORDINANCE

CHAPTER 203





CHAPTER 203

CROSS-HARBOUR TUNNEL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1..........Short title ........................ ... ... ... ... ... ... ... ... ... 4

2............Interpretation ............ ... ... ... ... ... ... ... ... ... ... 4
3............Variation of plan ......... ... ... ... ... ... ... ... ... ... ... 5
3A...........Proof of plan ............. ... ... ... ... ... ... ... ... ... 5

PART 11

PROVISIONS RELATING TO THE GRANT

General

4............Grant of franchise ............... ... ... ... ... ... ... ... ... ... ... 5

5.......................Restriction on disposition by Company . ... ... ... ... ... ... ... ... 6

6................Directors of the Company ..... ... ... ... ... ... ... ... ... ... ... 6

7.........................Shares of the Company on the operating date ... ... ... ... ... ... ... 6
8.........................Shares to be listed and quoted on Stock Exchange ... ... ... ... ... ... 6

Rights over land and payments due by the Company
9.....................Grant of wayleave and rent therefor ... ... ... ... ... ... ... ... ... 6

10. Government to retain rights over tunnel area and works area ... ... ... ... 7

11..................Annual rent for toll structures ... ... ... ... ... ... ... ... ... ... 7

12.........................Works area to be made available to Company ... ... ... ... ... ... ... 7

13....................Contribution to cost of road works ... ... ... ... ... ... ... ... ... 7

Royalty payments

14.......Royalty .............................. ... ... ... ... ... ... ... ... 7

15...........................Powers of Financial Secretary in relation to royalty ... ... ... ... ... ... 9

PART 111

CONSTRUCTION OF THE TUNNEL

Obligation to construct and start of construction of the tunnel

16...........................Tunnel to be constructed at Company's expense ... ... ... ... ... ... 9

17..............Start of construction ......... ... ... ... . ... ... ... ... 9

Preparation and approval of plans. etc.

18...............................Company to submit plans, structural details and calculations ... ... ... ... 9

19....................................Information as to method of construction and conditions of contract ... ... 10






20....................................Construction not to commence until plans etc., have been approved ... ... 10

21. Tunnel to be constructed in accordance with plans. etc., unless other-wise agreed 10





Section...................................... Page
General provisions as to construction

22. Precautions to be taken against the obstruction of shipping ... ... ... ... 10

23. Director may, enter tunnel area and works area for certain purposes ... ... 11

24. Disposal of spoil ........... ......... ... ... ... ... ... ... ... 11

25. Company may require the diversion of certain public utilities ... ... ... ... 11

26. Non-application of Buildings Ordinance .... ... ... ... ... ... ... ... 11

27. 01 section 13 or the Summary Offences Ordinance . ... ... 11

Completion of construction

28. Completion date ........................... ... ... ... ... ... ... ... 12

29. Restoration of sea bed and works area ..... ... ... ... ... ... ... ... 12

30. Expenses of restoration ................... ... ... ... ... ... ... ... 1

31. Certificate required before tunnel opened ... ... ... ... ... ... ... ... 12

PART IV

OPERATION OF THE
TUNNEL

Use of the tunnel facilities

32.................Operating date . ........ ... ... ... ... ... ... ... ... ... 12

33.....................Company to provide tunnel facilities ... ... ... ... ... ... ... ... ... 13

34...................Right to use of tunnel facilities ... ... ... ... ... ... ... ... ... ... 13
35...................Control and safety of tunnel traffic ... ... ... ... ... ... ... ... ... 13

36.................Application of other laws ... ... ... ... ... ... ... ... ... ... ... 13

37.....................Closure of tunnel for safety reasons ... ... ... ... ... ... ... ... ... 13
38.....................Operation of tunnel by Government ... ... ... ... ... ... ... ... ... 13

39..............................Commissioner may enter tunnel for inspection purposes ... ... ... ... ... 14

Collection of tolls

40. Company to charge approved tolls for use of tunnel . ... ... ... ... 14

41.............Variation of tolls ............. ... ... ... ... ... ... ... ... ... ... 14

41A..................Description of motor vehicle ... ... ... ... ... ... ... 15

42........................Display of notices of tolls and sale thereof ... ... ... ... ... ... ... Is

43. Company may not charge tolls greater than those as fixed or varied ... ... ... 15

44......................Company may erect toll structures ... ... ... ... ... ... ... 15

Cable installation and advertising in tunnel area

45............................Installation of power cables, etc., through tunnel ... ... ... ... ... 15
46. Advertising in tunnel area 15







47. Commissioner to have regard for safety in use of and passage through the tunnel 16

PART V

MAINTENANCE, REPAIR AND
ALTERATION'

48. Tunnel to be maintained in state of repair ... ... ... .. .... ... ... ... 16
49. Application of sections 20 to 26 and section 66 to repairs and alterations ... 16
50. Closure of tunnel for repairs or alterations ... ... ... ... ... ... ... 16





Section...................................... Page

PART VI

REVOCATION AND EXPIRATION OF THE GRANT. AND WINDING UP OF
COMPANY

51. Revocation of the grant ................... ... ... ... ... ... ... ... 17

52. Effect of winding up of Company or cessation of grant ... ... ... ... ... 17

53. Liability of Company and amount payable by Government on winding up or

cessation of grant ...................... ... ... ... ... ... ... ... 18

54. Reimbursement of Company upon expiration of grant ... ... ... ... ... ... 18

55. Government not liable for Company's debts ... ... ... ... ... ... ... 18

56. Meaning of -assets- .................. ... ... ... ... ... ... ... 19

PART VII

APPEALS

57. Appeal by. rate-payers and vehicle owners regarding the tunnel facilities ... ... 19

58.................Appeal by the Company ...... ... ... ... ... ... ... 19

PART VIII

RECORDS AND INFORMATION

59........Records .......................... . ... ... ... ... ... ... 19

60..........................................Information to be supplied by. Company to the Director or the Commissioner 20

PART IX

REGULATIONS LATIONS
AND BY-LAWS -L

61................Power to make regulations .. ... ... ... ... ... ... ... ... ... ... 20

62..............Power to make by-laws ...... . ... ... ... ... ... ... ... ... 21

PART IXA

OFFENCES AND PENALTIES

62A.................................Obligation to give information relating to the driving of vehicles ... ... ... 22

62B............................Proof in summary proceedings of identity of driver ... ... ... ... ... 23

62C...............Definitions and application ... ... ... ... ... ... ... ... ... ... ... 23

PART X

MISCELLANEOUS

63....................Extent of application of Cap. 113 ... ... ... ... ... ... .. ... ... 24

64...........................Compensation for interference with private rights ... ... ... ... ... ... 24

65.........................Delegation by, Director and Commissioner ... ... ... ... ... ... ... 24







66..................Limitation of public liability ... ... ... ... ... ... ... ... ... ... 24

67. Saving.................................. ... ... ... ... ... ... ... 25





CHAPTER 203

CROSS-HARBOUR TUNNEL

To provide for the grant of a franchise to construct and operate a tunnel
across the harbour the regulation of the construction, operation
and maintenance of such tunnel and for matters ancil thereto or
connected therewith.

[20 June 1969.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Cross-Harbour Tunnel
Ordinance.

2. In this Ordinance. unless the context otherwise requires--

---approachroads- means any, approach roads prescribed under section
61;

'Commissioner' means the Commissioner for Transport.

---Company-means The Cross-Harbour Tunnel Company. Limited and
any other person to whom the rights and obligations of the
Company under this Ordinance may be assigned with the consent
of the Governor in Council in accordance with section 5:

works--- means all works relating to the construction of
the tunnel structure carried out in the tunnel area or works area;

---Director-means the Director of Engineering Development

(Amended, L.N. 76 82)

'grant'^ means the franchise to construct and operate the tunnel
granted for the period of grant by section 4;

---motorvehicle' means any mechanically propelled vehicle.

-operating date'' means the date upon which the tunnel is opened to the
use of the public in accordance with section 32(1).

'period of grant' means the period mentioned in section 4:

'plan'^ means-

(a)the plan numbered 1 dated 27 May 1969 signed by the
Director and deposited in the Land Office. Victoria: and

(b) any new plan deposited in accordance '.]th section 3:

-retained rights--- means the rights of ownership retained by. the
Government under section 10.





'Start of construction' means the date upon which the construction
works are commenced in accordance with section 17(1);

---tollstructure' means any structure erected by the Company for the
purpose of section 44;

'tunnel' means the four-lane vehicular tunnel, or any part thereof, to
which the grant relates;

'tunnel area' means the area delineated and coloured red on the plan;

'tunnel structure' means the tunnel and all buildings and other
structures constructed in the tunnel area and ancillary to the
exercise of the grant;

'works area' means the area, made available in accordance with section
12, delineated and coloured blue on the plan.

3. (1) The Director may, with the agreement of the Variation of Company, cause
the boundaries, as shown on the plan, of the tunnel plan. area or works area, or both,
to be varied from time to time.

(2) Where any such boundaries are so varied, the Director shall
prepare a new plan fixing the location of and delineating the tunnel area
and the works area and describing the depths and configuration of the
sea bed in the location of such areas.

(3) Every plan prepared in accordance with subsection (2) shall be
numbered, dated, signed by the Director and deposited in the Land
Office.

(4) Whenever a plan is deposited under subsection (3) the Director
shall cause a notification of such deposit to be published in the Gazette.

3A. (1) In any prosecution for an offence against this Ordin- Proof of plan. ance, a
copy of the plan, certified by the Director to be a copy of

such plan, shall be conclusive proof of the tunnel area.

(2) Any such copy purporting to be certified by the Director shall
be deemed, until the contrary is proved, to have been certified by him.

(Added, 73 of 1973, s. 2)

PART 11

PROVISIONS RELATING TO THE
GRANT

General

4. (1) The Government hereby grants to the Company a Geant of franchise to
construct and operate a four-lane vehicular tunnel franchise. across the harbour
between Wan Chai and Hung Hom.





(2) Such grant shall be subject to this Ordinance and to such
agreements not in conflict therewith as may be concluded between the
Government and the Company.

(3) Subject to this Ordinance, the grant shall continue until 30
years after the start of construction.

5. (1) The Company shall not, otherwise than by way of charge or
mortgage for the purpose of financing the construction works, assign,
charge, mortgage, sub-grant, underlet or otherwise dispose of its rights
or obligations under this Ordinance or any part of such rights or
obligations without the prior consent of the Governor in Council.

(2) The Governor in Council, when considering whether or not to
grant such consent, shall take into account all the existing rights and
obligations of the Company and may, if he grants such consent, impose
such conditions, not inconsistent with this Ordinance, as he may
consider necessary.

6. (1) A majority of the directors of the Company shall be
Commonwealth citizens. (Amended, 80 of 1982, s. 2)

(2) If at any time the Government holds 10 per cent or more of the
issued and fully paid up share capital of the Company, the Governor
shall have power, notwithstanding any provision of the Companies
Ordinance or any other law or instrument, to appoint directors of the
Board of the Company, or such greater number of directors as bears the
same proportion (omitting any fraction) to the number of directors on
the Board as the amount of such capital held by the Government bears
to the total issued and fully paid up share capital of the Company.

7. On the operating date, the issued and fully paid up share capital
of the Company shall amount to not less than 80 million dollars in
addition to any holding of such capital by the Government.

8. The Company shall ensure that the shares of the Company are
listed and quoted on the Hong Kong Stock Exchange within 2 years of
the operating date or such later date as may be allowed by the Governor
in Council.

Rights over land and payments due by the Company

9. (1) Subject to this Ordinance, the Government grants to the
Company, from the start of construction and thereafter during the
continuance of the grant, a wayleave through the tunnel area.

(2) The Company shall pay in advance to the Government an
annual rent of $75,000 in respect of the wayleave commencing from the
start of construction.





10. (1) Subject to the grant, and the grant of the wayleave under
section 9(1), the Government shall retain all rights of ownership in and
over the land comprised in the tunnel area and in the works area; and in
the exercise of such rights the Government may direct the siting or re-
siting of any toll structures.

(2) The Government shall not exercise any such rights in such a
manner as would derogate from the grant.

11. The Company shall pay in advance to the Government an
annual rent at the rate of $12,355 per hectare in respect of any land
within the tunnel area upon which stands any toll structure commencing
from the date the construction works relating to such structure are
approved under section 20.

(Amended, L.N. 307/84)

12. The works area shall be made available to the Company during
the construction works on such conditions as may be agreed upon
between the Government and the Company.

13. The Company shall pay to the Government the sum of 12 million
dollars by way of contribution to the expenses incurred by the
Government in the construction of roads and other engineering works
which would not otherwise be required or would cost less if the tunnel
were not constructed. Such sum shall be paid in such manner and at
such time as may be agreed between the Government and the Company.

Royalty payments

14. (1) Subject to this section, the Company shall pay to the
Government a royalty of 121 per cent of the operating receipts

2

during the continuance of the grant:

Provided that-

(a)during the 10-year period following the operating date* the
Governor may authorize the Company to pay a reduced
royalty of not less than 71 per cent of the operating

2

receipts in respect of any financial year;

(b)the difference between the amount of royalty payments due at
12 per cent and any such reduced royalty payments

2

shall be credited to the Government in the books of the
Company and the balance on this account at the end of each
quarter shall earn compound interest calculated at the rate of
13 per cent per quarter;

4

(c)the amount constituting any such difference, and any interest
due in respect thereof, may be paid in such instalments and at
such times as may be agreed between the Government and the
Company but shall be fully paid by the Company to the
Government at least 5 years prior to the expiration of the
period of grant.











(2) Payment of such royalty or reduced royalty, as the case may be,
shall be made in respect of the operating receipts in each quarter on or
before the last day of the month next following that quarter.

(3) If on the last day of any such month the Company has not been
able to ascertain the operating receipts for the previous quarter the
Company shall pay to the Government a sum equivalent to 121, per cent
of the operating receipts for the next preceding quarter in respect of
which operating receipts were ascertained by the Company; and in such
cases subsequent royalty payments shall be adjusted to take into
account any such equivalent sum paid so that the aggregate of
payments shall represent as nearly as possible the amount currently due
as royalty or reduced royalty payments:

Provided that this subsection shall not take effect until such time
as the Company has paid to the Government the royalty or reduced
royalty due in respect of the operating receipts for one complete quarter
during which the tunnel is open to the use of the public.

(4) The acceptance by the Government of any sum tendered by the
Company in accordance with the provisions of this section shall not
prevent the Government from claiming any further sum in respect of the
same quarter or any adjustment appearing to be due or necessary on
any subsequent examination of the books and accounts and other
material furnished by the Company for inspection under section 15.

(5) The payment by the Company of any sum in accordance with
the provisions of this section shall not prevent the Company from
claiming a refund in respect of any overpayment made by the Company
and proved to the satisfaction of the Financial Secretary.

(6) In this section-
,,operating receipts' means-

(a)the total gross sums received by the Company in respect of

(i) the tolls as fixed or varied under section 40 or41, as the
case may be;

(ii) any charges imposed or other benefits obtained by the
Company under sections 45 and 46; and

(iii) any other authorized charges imposed by the Company
under this Ordinance,

but does not include-

(A) bank interest or dividends on investments,

(B) the proceeds of the sale or redemption of investments,
or

(C) other capital assets, and





(b)the gross value, as determined by the Financial Secretary, of
any assets, services or facilities received by the Company in
lieu of any part of such total gross sums;

'quarter' means the 3 months commencing on the first day of January,
the first day of April, the first day of July, or the first day of
October in any year.

15. For the purpose of ascertaining the royalty or reduced royalty
payable in accordance with section 14, the Company shall permit the
Financial Secretary, and any person authorized in writing by him, to
inspect at all reasonable times all books of account, vouchers, receipts
and all other records of the Company (including all records maintained
by the Company in accordance with section 59) and to make extracts
from any such documents and to take away any such documents for
further examination.

PART 111

CONSTRUCTION OF THE
TUNNEL

Obligation to construct and start of construction of the tunnel

16. Subject to this Ordinance, the Company shall at its expense
construct the tunnel in the tunnel area.

17. (1) The Company shall not commence any works in the tunnel
area or the works area before a date to be agreed between the Director
and the Company.

(2) The Director shall cause a notice to be published in the Gazette
specifying the start of construction.

Preparation and approval of plans etc.

18. (1) The Company shall, as soon as practicable, submit to the
Director plans of the tunnel structure and construction works, together
with structural details and calculations relative thereto, making
provision and giving specifications for

(a)a tunnel containing 4 traffic lanes, each of not less than 3.35 m
in width and 4.87 m in height along the entire lane; (Amended,
L.N. 307184)

(b)such buildings and other structures within the tunnel area as
are necessary for the efficient exercise of the grant.

(e)any space within the tunnel structure reserved for the
installation of electric, telephone and other cables in
accordance with section 45;

(d) such other information as may be required by the Director.





(2) Such plans., structural details and calculations may relate to the
complete construction works or may be prepared in divisions in
accordance with subsection (3).

(3) Where the plans, structural details and calculations are
prepared in divisions, each division shall relate to such part of the
construction works and shall be prepared in such order as may be
agreed between the Director and the Company.

19. All plans, structural details and calculations submitted to the
Director under section 18 shall be accompanied by information as to the
proposed method of construction and the conditions of contract relating
thereto.

20. The Company shall not commence any part of the construction
works until the plans, structural details, calculations, method and
programme of construction and conditions of contract relating thereto
have been approved by the Director.

21. (1) The construction works shall be carried out in accordance
with such approved plans, structural details, calculations. methods and
programme of construction and conditions of contract, subject to such
modifications as may be made thereto from time to time by the Company
with the prior approval in writing of the Director.

(2) If. in respect of any part of the construction works. the Director
is of opinion that

(a)there is any departure from the requirements of subsection (1);
or

(b) the method of construction is unsafe,

he may direct the Company to discontinue any such part and the same
shall not be continued until the Director is satisfied that any further
such construction works comply with such requirements or the method
of construction will be safe, as the case may be.

General pro provisions as to construction

22. (1) During the construction works the Company shall mark,
keep open and clear of obstruction such channels as may be required
by the Director of Marine for the passage of shipping.

(2) If the Director, after consultation with the Director of Marine, is
of opinion that any part of the construction works or plant associated
therewith is obstructing any such required channel he may direct the
Company to discontinue such construction works and to remove any
such works or plant, and such construction works shall not be
continued except with the permission of the Director and subject to
such conditions as he may impose.





23. (1) The Director may, without payment of tolls or other charges
to the Company, enter the tunnel area and works area at all times

(a)to ascertain whether the tunnel structure or construction
works are dangerous or liable to become dangerous to
persons using or employed in the tunnel area;

(b)to inspect or test any machinery, equipment or plant therein;

(c)to ascertain whether the Company is complying with the
provisions of this Ordinance relating to the construction and
maintenance of the tunnel;

(d)to effect any construction works, removal or restoration
authorized under this Ordinance.

(2) The Company shall afford the Director such facilities as he may
require for the purposes of subsection (1).

24. Subject to the Sand Ordinance, any spoil dredged from the sea
bed for the purposes of the construction works shall be disposed of by
the Company in such manner as may be directed by the Director.

25. (1) The Company may, by notice in writing. require the owner,
or other person having control, of any public utility situated in the
tunnel area or works area to divert such utility to an extent necessary to
permit the construction works to proceed unimpeded.

(2) If such owner or other person fails to comply with any such
requirement within any reasonable time specified in such notice the
Company may, notwithstanding any other law, effect such diversion.

(3) All expenses incurred in any diversion under this section shall
be borne by the Company.

(4) Any diversion under this section shall be carried out as far as
practicable without causing interruption in the service supplied by the
public utility concerned.

(5) In this section, 'public utility' means electric power cables,
telephone and other cables used in communication and pipes used in
the supply of water, gas or oil or for drainage or sewerage.

26. The Buildings Ordinance shall not apply in respect of the
tunnel structure and construction works.

27. Section 13 of the S Summary Offences Ordinance (which noise
relates to the making of noise at night) shall not apply in respect of the
tunnel structure and construction works until the operating date, or
such later date as may be by the Governor in Council.





Completion of construction

28. (1) The Company shall complete the tunnel structure before 18
August 1973, or such later date as may be approved by the Governor in
Council.

(2) If the Company fails, or appears to be likely to fail, to complete
the tunnel structure before 18 August 1973, the Governor in Council
shall, if considering the approval of a later date for such completion,
take into account whether such failure was or is occasioned by
circumstances beyond the control of the Company (the want of
sufficient funds not being regarded as a circumstance beyond its
control).

29. (1) On the completion of the construction works, or as soon as
is reasonably practicable thereafter

(a)the sea bed affected thereby shall, to the satisfaction of the
Director, be restored by the Company, as nearly as possible in
conformity with the depths and configuration described in the
plan;

(b)subject to any agreement between the Government and the
Company, the works area shall, to the satisfaction of the
Director, be restored by the Company as nearly as possible to
its condition prior to the start of construction.

(2) If the Company fails to effect any restoration in accordance with
subsection (1) the Director may effect the same.

30. The expense of any restoration under section 29 shall be borne
by the Company, and where any such restoration is effected by the
Director the expense thereof shall be recoverable from the Company by
the Director.

31. The Company shall not open any part of the tunnel to the use
of the public until the Director has issued to the Company a certificate
stating that in his opinion the part of the tunnel intended to be opened
for such use is in a condition fit therefor.

PART IV

OPERATION OF THE
TUNNEL

Use qf the tunnelfacilities

32. (1) Subject to section 31, the tunnel shall be opened to the use
of the public on a date to be agreed between the Commissioner and the
Company.

(2) The Commissioner shall cause a notice to be published in the
Gazette specifying the operating date*.





33. Subject to this Ordinance, on the operating date and thereafter
throughout the continuance of the grant the Company shall provide
and operate, to the satisfaction of the Commissioner, adequate, efficient
and safe facilities for the- passage of motor vehicles through the tunnel.

34. Subject to this Ordinance-

(a)the tunnel shall be used for the passage of motor vehicles
upon payment of the appropriate tolls and any tax charged
under the Cross-Harbour Tunnel (Passage Tax) Ordinance; and

(b)the Company shall not without reasonable grounds prevent or
refuse the use of the tunnel for such purpose.

(Amended, 28 o0984, s. 10)

35. (1) The Company shall, to the satisfaction of the Commissioner,
provide personnel and facilities for the control and safety of motor
vehicles and persons in the tunnel area.

(2) The provision of such personnel and facilities shall be at the
expense of the Company.

36. (1) Subject to this Ordinance. the provisions of the Road Traffic
Ordinance shall apply to the tunnel area and approach roads as if they
were roads within the meaning of that Ordinance.

(2) The tunnel area and approach roads shall be a public place for
the purposes of any law.

37. (1) The Company may, and if so required by the Commissioner
shall, close or partially close the tunnel to the use of the public
whenever such action appears to be reasonably necessary for the
safety of persons using or employed in the tunnel area.

(2) Save when required by the Commissioner to close or partially
close the tunnel, the Company shall notify the Commissioner forthwith
of any such closure.

38. (1) The Governor in Council may, if he is satisfied that it is
necessary to do so in the interests of public security, order that the
Government shall take over the operation of the tunnel, together with
such of the property of the Company as is necessary therefor. and
continue such operation until the Governor in Council otherwise orders.

(2) The Government shall pay to the Company for any loss or
damage suffered by the Company by reason of any such take-over,
such amount as may be agreed between the Government and the
Company or in default of such agreement such amount as may be
determined by arbitration under the Arbitration Ordinance.

(3) The duration of any such taking over shall be computed in and
not deducted from the period of the grant.





39. (1) The Commissioner may. without payment of tolls or other
charges to the Company, enter the tunnel area at any time after the
operating date

(a)to ascertain whether the Company is providing adequate,
efficient and safe facilities for the passage of motor vehicles
and the occupants thereof through the tunnel and for the
control and safety of traffic in the tunnel area;

(b)to ascertain whether the Company is complying with any
other provisions of this Ordinance.

(2) The Company shall afford the Commissioner such facilities as
he may require for the purposes of subsection (1).

Collection qf tolls

40. (1) Subject to this Ordinance, the Company shall demand and
collect, in respect of the passage of motor vehicles through the tunnel,
such tolls as may be fixed by the Company and approved by the
Governor in Council prior to the operating date or as may be agreed or
decided after that date under section 41.

(2) The Commissioner shall cause a list of the tolls fixed and
approved under subsection (1) to be published in the Gazette prior to
the operating date.

41. (1) The Governor in Council and the Company may from time to
time agree to vary the tolls fixed and approved under section 40 or
agreed or decided under this section.

(2) In default of agreement under subsection (1),the Governor in
Council or the Company may submit the question of the variation of
tolls to arbitration under the Arbitration Ordinance.

(3) On a submission to arbitration under subsection (2), the
arbitrator shall consider whether the carrying out of its obligations or
the exercise of its rights under this Ordinance is not reasonably
remunerative or is excessively remunerative to the Company. having
regard to

(a)any material change in the economic conditions of Hong
Kong;

(b) any order made in accordance with section 57(4);

(e)the dismissal of any appeal by the Company made under
section 58;

(d)any material change in any other circumstances affecting the
grant; (Amended, 28 of 1984, s. 10)

(e)the effect of the introduction of, or alteration in, any tax or
levy imposed on the use of the tunnel. (Added, 28 of 1984,s.
10)





(4) Where---

(a)under subsection (1) the Governor in Council and the
Company agree to a variation of the tolls: or

(b) on a submission to arbitration under subsection (2) it is
decided that the tolls should be varied.

the tolls fixed and approved under section 40 or any variation of such
tolls effected under this section, shall be varied in compliance with such
agreement or decision. as the case may be.

(5) The Commissioner shall cause a list of the tolls varied under
this section to be published in the Gazette as soon as is practicable
after such agreement or decision.

41A. The description of a motor vehicle mentioned in a list of tolls
published in the Gazette under section 40 or 41 shall be interpreted in
accordance with the definitions and classes of motor vehicles
mentioned in section 2 of the Road Traffic Ordinance.

A dded, 28 of] 984. s. 10

42. (1) The Company shall. to the satisfaction of the Cornmissioner,
cause to be displayed at both ends of the tunnel. in conspicuous
places, notices stating the total of the tax chargeable under the Cross-
Harbour Tunnel (Passage Tax) Ordinance and the toll payable in respect
of each category of motor vehicle.

(2) The Company shall cause printed copies of the list of the tolls
currently chargeable by the Company to be kept at the registered office
of the Company and to be sold at a reasonable charge to every person
applying therefor.

(Amended, 28 of 1984 s. 10)

43. The Company shall not charge any person a toll greater than
the appropriate toll fixed and approved under section 40, or, where
varied under section 41, the appropriate toll so varied.

44. For the purpose of collecting the tolls the Company may.
subject to any exercise of the retained rights, erect in the tunnel area
such toll gates, toll houses and other structures as it considers
necessary.

Cable installation and advertising in tunnel area

45. Subject to any exercise of the retained rights, the Company
may, with the prior approval of the Commissioner. permit the installation
of electric power supply cables and telephone cables, and other cables
to be used for communication, within the tunnel structure on such
conditions as to charges and otherwise as may, with the like approval.
be imposed by the Company.

46. (1) Subject to any exercise of the retained rights, the Company
may, with the prior approval of the Commissioner, use. or





16 CAP. 2031 Cross-Harbour Tunnel [1984 Ed.

permit the use of any part of the tunnel structure for advertising
purposes on such conditions as to charges and otherwise as may, with
the like approval, be imposed by the Company.

(2) Part IX of the Public Health and Urban Services Ordinance
shall not apply to the use of any part of the tunnel structure for
advertising purposes

47. The Commissioner shall not give his approval to any have
installation under section 45 or to any advertising under section 46
unless he is satisfied that the safety of persons using or employed in
the tunnel area and the passage of motor vehicles through the tunnel
tunnel. will not be prejudiced by such installation or advertising.

PART V

MAINTENANCE, REPAIR AND ALTERATION

48. (1) The tunnel structure shall be maintained by the
Company in a state of repair to the satisfaction of the Director.

(2) The Director may, by notice in writing, require the
Company to effect such repairs and alterations to the tunnel
structure as he considers necessary for the proper maintenance
thereof and for the obviation of fire and other hazards therein.
(3) If the Company fails to comply with any such requirement
within a reasonable time after the receipt of such notice the Director
may effect the necessary repairs and alterations.
(4) If at any time there exist, in the opinion of the Director,
any circumstances requiring the immediate putting into effect of
such repairs or alterations he may require the Company to effect the
same forthwith or, if he thinks fit. may forthwith effect the same with
or without notice to the Company.
(5) The expense of repairs or alterations under this section
shall be borne by the Company and where any such repairs or
alterations are effected by the Director the expense thereof shall be
recoverable from the Company by the Director.
49. Where any repairs or alterations to the tunnel structure are
effected by the Company under section 48, the provisions of sections
20 to 26 and section 66 shall apply in respect of such repairs or
alterations.alterations as though the same were construction works.

50. (1) The Company may, or if so required by the Director
shall, close or partially close the tunnel to the use of the public
whenever necessary to enable any repairs or alterations to be
effected to the tunnel structure.

(2) The Company shall not effect any such closure without
prior notification to the Commissioner.





1984 Ed.] Cross-Harbour Tunnel [CAP. 203 17

(3) Whenever a closure is effected under this section in pursuance
of a requirement of the Director, the tunnel or such part thereof thereby
affected shall not be re-opened to the use of the public without the prior
consent of the Director.

PART VI

REVOCATION AND EXPIRATION OF THE GRANT. AND WINDING
UP
OF COMPANY

51. (1) If in the opinion of the Governor in Council- Revocation of
(a) the Company has failed, or appears to be likely to fail, to the grant.
complete the tunnel structure by the date required by
section 28(1), or to provide or operate the tunnel facilities,
or to maintain the tunnel structure as required by this
Ordinance; or
(b) there has been a substantial failure of the Company to
comply with any of the provisions of this Ordinance or of
the Cross-Harbour Tunnel (Passage Tax) Ordinance. (Cap, 274.)
the Governor in Council may direct the Commissioner to serve on
the Company a notice specifying the grounds for any such opinion
and requiring the Company to show cause in writing to the Gover-
nor in Council, within 28 days after the date of such service. why the
grant should not be revoked. (Amended, 28 of 1984. s. 10)
(2) If the Company fails, within 28 days after such service, to
show sufficient cause why the grant should not be revoked. or if the
Governor in Council, after considering any representations made by
the Company, or by any other person having a financial interest in
the Company, is of the opinion that the Company, or such other
person, has not shown sufficient cause why the grant should not be
revoked, the Governor in Council may by order revoke the grant
and such revocation shall take effect from the date specified in the
order.
(3) An order made under subsection (2) shall be served on
the Company and, as soon as is practicable thereafter, shall be
published in the Gazette.
52. All rights and obligations of the Company under this Effect of winding
Ordinance shall determine and the assets of the Company shall vest up Of Company
or cessation of
in the Government- grant.

(a) subject to section 53, on

(i) the commencement of any voluntary winding up of the
Company, otherwise than for the purposes of an assignment
in accordance with section 5;

(ii) the making of a winding up order in respect of the
Company;

(iii) the revocation of the grant under section 5 1;





18 CAP. 203) Cross-Harbour Tunnel [1984 Ed.

(b)subject to section 54, on the expiration of the period of the
grant.

Liability of 53.(1) On the happening of any of the events specified in
Company, and section52(a). the Compan~, shall thereupon become liable, in
amount payable
by, Government addition to the payment of all other sums due to the Government, to
on winding up or pay-
cessation of
grant. (a) any amount outstanding in respect of expenses incurred by
the Government in accordance with section 13;
(b) the full amount of royalty due in accordance with sec-
tion 14,
(c) if such event occurs prior to the completion of the con-
struction works, any amount in respect of expenses as may
be incurred by the Government (i) in the
restoration of the sea bed and works area in
accordance with section 29(1)(a) and (b), and
(ii) in putting the construction works in a safe condi-
tion in all respects to the satisfaction of the Director.
(2) On the happening of any of the events specified in sec-
tion 52(a)-
(a) the Government shall pay, to the Company in respect of tile
assets of the Company such amount a, i-nay be agreed
between the Government and the Company or in default
of such agreement such amount as may be determined by
Wap 341 arbitration under the Arbitration Ordinance,
(b) there shall he deducted from any amount awarded to the
Company by arbitration under paragraph (a) such amount
as the Governor in Council may deem appropriate by way
of a penalty.
(c) no arnount shall be payable to the Company under this
subsection in the event of a contravention by, the Company
of section 28.

Reimbursement 54. No compensation shall be payable by the Government to
of Company. the Company on the expiration of the period of grant, save that the
upon expiration
of grant. Government shall pay to the Company the depreciated value of any
machinery, equipment or plant forming part of the assets (such
(Cap, 112.) value being calculated in accordance with Part VI of the Inland
Revenue Ordinance) purchased by the Company with the agreement
of the Financial Secretary within the 5 years next preceding the
expiration of the period of grant and owned by the Company on
such expiration.
Government not 55. Any vesting of the assets of the Company in the Govern-
L_
liable for ment under this Part shall not thereby render the Government liable
Company s
debts. for any debts of the Company.





1984 Ed.] Cross-Harbour Tunnel [CAP. 203 19

56. In this Part, 'assets' means the tunnel structure and all Meaning of buildings,
machinery, equipment and plant ancillary to the construction, operation and
maintenance of the tunnel.

PART VII

APPEALS

57. (1) If any 1000 or more persons. being either rate-payers Appeal by rate-
or owners of motor vehicles registered under the Road Traffic payers and
vehicle owners
Ordinance, and resident in the Colony, are of opinion that the regarding the
Company has failed and is failing to provide or maintain adequate, tunnel facilities
efficient or safe facilities for the passage of motor vehicles through `P
the tunnel such persons may appeal collectively by petition to the
Governor in Council.
(2) No such petition shall be considered by the Governor in
Council unless a copy thereof shall have been served on the
Company not less than 14 days before the date of such consideration
and, before coming to any decision in respect of any such petition,
the Governor in Council shall receive and consider 'any representa-
tion in writing thereon received from the Company.
(3) For the purpose of considering any such petition the
Governor in Council may appoint a person or committee to inquire
into the matter and to report thereon to the Governor in Council.
(4) On any such appeal the Governor in Council may order
the Company to remedy any such failure.
(5) The decision of the Governor in Council on any such
appeal shall be final.
(6) Every order made by the Governor in Council under
subsection (4) shall be published in the Gazette.
58. (1) If the Company is aggrieved by any requirement or Appeal by, the
direction made, or the withholding of any consent or approval, by Company.
the Director or the Commissioner under this Ordinance the Com-
pany may appeal by petition to the Governor in Council.
(2) Save where the Governor in Council otherwise directs,
when any such appeal has been made, no such requirement or
direction, other than a requirement under section 37 or 50 to close or
partially close the tunnel shall be enforced until the decision of the
Governor in Council on the appeal.
(3) The decision of the Governor in Council on any such
appeal shall be final.

PART VIII

RECORDS AND
INFORMATION

59. (1) The Company shall maintain the following records- Records.





20 CAP. 2031 Cross-Harbour Tunnel [1984 Ed.

(a)an up to date set of drawings of the tunnel structure, which
shall include all such alterations and additions as may, from
time to time, be made to the tunnel structure;

(b) the times during which each toll gate is open;

(c)the number of motor vehicles using the tunnel, specifying the
different classes of such vehicles, their direction through the
tunnel and providing continuous and cumulative figures
thereof,

(d)the amount collected as tolls and the numbers and prices of toll
tickets (if any) issued;

(e) all accidents and stoppages to traffic therein;

the personnel employed in connexion with the operation of
the tunnel, including details as to the nature, location and
times of such employment,.

(g) such other records as may be prescribed.

(2) The Company shall permit the Commissioner to inspect,
examine and copy all such records and any toll tickets and accounts
kept by the Company in connexion therewith, and the Company shall
afford facilities for such inspection, examination or copying as may from
time to time be required by the Commissioner.

Information to 60. For the purpose of enabling either the Director or the
be supplied by Commissioner to ascertain any arrangements which are made or are
Company to the
Director or the about to be made by the Company for the fulfilment of its obliga-
Commissioner. tions under this Ordinance, the Company shall, on the request of the
Director or the Commissioner, as the case may be, forthwith furnish
him with such information as to the construction. operation or
maintenance of the tunnel or any other matter relevant to the
organization of the Company as he may require.
PART IX

REGULATION'S AND BY-
LAWS

Power to make 61. The Governor in Council may make regulations for all or
regulations. any of the following matters-

(a)the provision by the Company of adequate, efficient, safe and
continuous facilities for the passage of motor vehicles through
the tunnel and approach roads;

(b)the safety of persons using or employed in the tunnel area,
having regard to fire hazards, concentrations of carbon-
monoxide or other dangerous gases;
(c.)the level of illumination and the margin of visibility in the
tunnel structure and approach roads,
(d)the noise level in the vicinity of any tunnel ventilation
plant





1984 Ed.] Cross-Harbout. Tunnel [CAP. 203 21

(e)the powers of the personnel provided by the Company, for the
control, restriction and safety of traffic in the tunnel area and
approach roads,

prescribing for the purposes of this Ordinance. the location
and extent of any approach roads to the tunnel;

(g)the circumstances under and extent to which police officers
may take over the control and restriction of traffic in the tunnel
area and approach roads;

(h)priority of vehicles in passage through the tunnel and
approach roads,

(i)any records required to be kept by the Company in addition to
those specified in section 59,

(j)prescribing anything which under this Ordinance is to be or
may be prescribed;

(k)such other purposes as may be necessary or expedient to carry
out effectively the provisions of this Ordinance.

62. (1) Subject to this Ordinance, the Company may make Power to make by-laws for
all or any of the following matters--

(a)public health. order and safety and the prevention and
abatement of nuisances in the tunnel area and approach roads,

(b)the control, restriction and safety, of traffic in the tunnel area
and approach roads;

(c)the regulation of the speed of traffic using the tunnel and
approach roads,

(d)the regulation of the types. dimensions. condition and loading
of vehicles which may use the tunnel and approach roads;

(e)the regulation of the use by vehicles in the tunnel and
approach roads of lights, horns, sirens and other equipment;

the regulation and prevention of the carriage into or through
the tunnel area or approach roads of any offensive, noxious or
dangerous goods;

(g) the collection of tolls in respect of the use of the tunnel.

(h)the purchase, issue and collection of toll tickets in respect of
such use;

(i)the towing away or removal of any vehicle or thing causing
obstruction in the tunnel or approach roads and the imposition
of charges in respect of any such towage or removal and of any
storage, detention or service of such vehicle or thing;





22 CAP. 203) Cross-Harbour Tunnel [1984 Ed.

(j)the protection of any property owned or controlled by the
Company from damage or injury;

(k)the employment and organization of personnel provided by
the Company for the control, restriction and safety of traffic in
the tunnel area and approach roads;

(1)any other conditions subject to which the tunnel and
approach roads may be used by the public for the passage of
motor vehicles,. and

(ni)any other matter relating to the control, operation and
management of the tunnel which it is necessary to provide for.

(IA) Where a by-law made under subsection (1) provides for the
issue of a permit for any purpose, the by-law may prescribe a fee to be
paid in respect of such permit. (Added, 69 qf 1974, s. 2)

(2) All by-laws made under subsection (1) shall be subject to the
approval of the Legislative Council.

(3) Any such by-laws may provide that a contravention of
specified provisions thereof shall be an offence and may provide
penalties therefor not exceeding a fine of S 1.000.

(4) The Company shall cause printed copies of all by-laws made
under this section to be kept at the registered office of the Company and
to be sold at a reasonable charge to every, person applying therefor.

PART IXA

OFFENCES AND PENALTIES

Obligation to 62A. (1) Without prejudice to section 63 of the Road Traffic
give c informationOrdinance. where the driver of a motor vehicle is suspected of
relating to the
driving-of having committed an offence against this Ordinance In the tunnel
vehicles area or against the Cross-Harbour Tunnel (Passage Tax) Ordinance.
ap 374.~
ap~ 274. any person (including both the registered owner of the vehicle and
the person suspected of being the driver of the vehicle at the time of
the alleged offence) shall. on demand made within 3 months after the
date of the alleged offence, give to a tunnel officer in the manner
prescribed in this section the name, address and driving licence
number of the person driving the vehicle at the time of the alleged
ofrence and his relationship (if any) to the driver. (Amended, 28 of'
1984, s. 10 and 75 of 1982. s. 114
(2) A demand under subsection (1) may be made orally or by
means of a notice served personally or by post on the person on
whom it is made.
(3) Where a demand under subsection (1) is made orally to any
person he shall
(a) if he was the driver of the vehicle at the time of the alleged
offence





1984 Ed.] Cross-Harbour Tunnel [CAP 203 23

(i) give immediately his name and address, and

(ii) give the number of his driving licence to a specified
tunnel officer within 21 days after the date of the demand.,
and
(b) if he was not the driver of the vehicle at the time of the
alleged offence, give the information required under sub-
section (1) to a specified tunnel officer either orally or in
writing within 21 days after the date of the demand.
(4) A notice under subsection (2) shall require the person to
whom it is addressed-
(a) to furnish, within 21 days after the date of the notice, to a
tunnel officer specified therein, a written statement. in such
form as may be specified in the notice. giving the name.
address and driving licence number of the person driving
the vehicle at the time of the alleged offence and his
relationship (if any) to the driver; and
(b) to sign the said statement.
(5) Subject to subsection (6), any person who contravenes
subsection (1) shall be guilty of an offence and shall be liable on
conviction to a fine of $2,000 and to imprisonment for 6 months.
(6) In proceedings for an offence under subsection (5). it shall
be a defence to show that the accused person did not know. and
could not with reasonable diligence have ascertained. the name or
address or driving licence number of the person driving the vehicle at
the time of the alleged offence.
62B. If, in any summary proceedings for an offence under Proof in
this Ordinance or under the Cross-Harbour Tunnel (Passage Tax) summary
proceedings of
Ordinance, there is produced to the court a statement which- identity of driver
(Amended, 28 of 1984, s. 10) (Cap274.)

(a) purports to have been signed by the accused person,

(b)was furnished in accordance with a notice served on him under
section 62A(2); and

(e)states that the accused person was the driver of the vehicle at
the time of the offence,

the court shall admit the statement as prima facie evidence that the
accused person was the driver of the vehicle at the time of the offence.

62C. (1) In this Part- Definitions and
application.
'driver', in relation to any motor vehicle, means any person who s
in charge of or assisting in the control of such vehicle;
'driving licence' means a licence issued in accordance with regula-
tions made under section 8 of the Road Traffic Ordinance; (Cap. 374.)
(Amended, 75 of 1982, s. 114)





24 CAP. 2031 Cross-Harbour Tunnel [1984 Ed.

owner includes the person in whose name a vehicle is registered under
the Road Traffic Ordinance and the person by whom the vehicle is
kept and used and, in relation to a vehicle which is the subject of a
hiring agreement or hire purchase agreement, means the person in
possession of the vehicle under that agreement;

-tunnel officer- means any person employed by the Company for the
control. restriction and safety of traffic in the tunnel area.

(2) The powers conferred on a tunnel officer by section 62A, other
than the power to make a demand by serving a notice under subsection
(2) of that section, may be exercised only within the tunnel area.

(Part IXA added, 73 qf 1973, s. 3)

PART X

MISCELLANEOUS

63. Subject to section 64(2), the Public Reclamations and
Works Ordinance shall not apply in respect of the tunnel area orthe
works area.

64. (1) Any person having a claim of private right in respect
of the tunnel area or the works area may, within 6 months from the
commencement of any interference with such right arising from the construction
works, submit a claim for any loss suffered as a result
of such interference the nature of the interference together with an
estimate of any such loss.

(2) Notwithstanding section 63, the provisions of section 7 of the
Public Reclamations and Works Ordinance shall apply in respect of any
such claim as though it were a claim for compensation under section 6
of that Ordinance, all the requirements thereof precedent to Such claim for
compensation being deerned to have been complied

65. The Director and the Commissioner may in writing
andthorize any person to exercise any of the powers or perform any of
the duties conferred or imposed upon the Director or the Commis-
sioner. as the case may be, by this Ordinance.

66. No liability shall rest upon the Government or any public
officer bv reason of the fact that the construction works are carried
out in accordance with this Ordinance or that the construction
works or the plans, structural details, calculations. method and
programme of construction and conditions of contract relating thereto
are subject to inspection or approval by a public officer. nor shall
anything in this Ordinance make it obligatory for the Director or the
Commissioner to inspect the tunnel structure or construction works to
ascertain that the provisions of this Ordinance are complied with or that
any plans. structural details, calculations. or other documents.
certificates and notices submitted to him are accurate.





1984 Ed.] Cross-Harbour Tunnel [CAP. 203 25

67. Nothing in this Ordinance shall affect or be deemed to Saving.
affect the rights of Her Majesty the Queen, Her Heirs or Successors.
or the rights of any body politic or corporate or of any other persons
except such as are mentioned in this Ordinance and those claiming
by, from or under them.

0

0

0

0
Originally 28 of 1969. 73 of 1973. 69 of 1974. L.N. 76/82. 75 of 1982. 80 of 1982. 28 of 1984. L.N. 307/84. Short title. Interpretation. Variation of plan. Proof of plan. Grant of franchise. Restriction on disposition by Company. Directors of the Company. (Cap. 32.) Shares of the Company on the operating date. Shares to be listed and quoted on Stock Exchange. Grant of wayleave and rent therefor. Government to retain rights over tunnel area and works area. Annual rent for toll structures. Works area to be made available to Company. Contribution to cost of road works. Royalty. [*3.8.72-see G.N. 1852/72.] Powers of Financial Secretary in relation to royalty. Tunnel to be constructed at Company's expense. Start of construction. Company to submit plans, structural details and calculations. Information as to method of construction and conditions of contract. Construction not to commence until plans etc., have been approved. Tunnel to be constructed in accordance with plans, etc., unless otherwise agreed. Precautions to be taken against the obstruction of shipping. Director may enter tunnel area and works area for certain purposes. Disposal of spoil. (Cap. 147.) Company may require the diversion of certain public utilities. Non-application of Buildings Ordinance. (Cap. 123.) Non-application of section 13 of the Summary Offences Ordinance. (Cap. 228.) Completion date. Restoration of sea bed and works area. Expenses of restoration. Certificate required before tunnel opened. Operating date. [*3.8.72-see G.N. 1852/72.] Company to provide tunnel facilities. Right to use of tunnel facilities. (Cap. 274.) Control and safety of tunnel traffic. Application of other laws. (Cap. 374.) Closure of tunnel for safety reasons. Operation of tunnel by Government. (Cap. 341.) Commissioner may enter tunnel for inspection purposes. Company to charge approved tolls for use of tunnel. Variation of tolls. (Cap. 341.) Description of motor vehicle. (Cap. 374.) Display of notices of tolls and sale thereof. (Cap. 274.) Company may not charge tolls greater than those as fixed or varied. Company may erect toll structures. Installation of power cables, etc., through tunnel. Advertising in tunnel area. (Cap. 132.) Commissioner to have regard for safety in use of and passage through the tunnel. Tunnel to be maintained in state of repair. Application of sections 20 to 26 and section 66 to repairs and alterations. Closure of tunnel for repairs or alterations. Revocation of the grant. (Cap. 274.) Effect of winding up of Company or cessation of grant. Liability of Company and amount payable by Government on winding up or cessation of grant. (Cap. 341.) Reimbursement of Company upon expiration of grant. (Cap. 112.) Government not liable for Company's debts. Meaning of 'assets'. Appeal by rate-payers and vehicle owners regarding the tunnel facilities. (Cap. 374.) Appeal by the Company. Records. Information to be supplied by Company to the Director or the Commissioner. Power to make regulations. Power to make by-laws. Obligation to give information relating to the driving of vehicles. (Cap. 374.) (Cap. 274.) Proof in summary proceedings of identity of driver. (Cap. 274.) Definitions and application. (Cap. 374.) Extent of application of Cap. 113. Compensation for interference with private rights. (Cap. 113.) Delegation by Director and Commissioner. Limitation of public liability. Saving.

Originally 28 of 1969. 73 of 1973. 69 of 1974. L.N. 76/82. 75 of 1982. 80 of 1982. 28 of 1984. L.N. 307/84. Short title. Interpretation. Variation of plan. Proof of plan. Grant of franchise. Restriction on disposition by Company. Directors of the Company. (Cap. 32.) Shares of the Company on the operating date. Shares to be listed and quoted on Stock Exchange. Grant of wayleave and rent therefor. Government to retain rights over tunnel area and works area. Annual rent for toll structures. Works area to be made available to Company. Contribution to cost of road works. Royalty. [*3.8.72-see G.N. 1852/72.] Powers of Financial Secretary in relation to royalty. Tunnel to be constructed at Company's expense. Start of construction. Company to submit plans, structural details and calculations. Information as to method of construction and conditions of contract. Construction not to commence until plans etc., have been approved. Tunnel to be constructed in accordance with plans, etc., unless otherwise agreed. Precautions to be taken against the obstruction of shipping. Director may enter tunnel area and works area for certain purposes. Disposal of spoil. (Cap. 147.) Company may require the diversion of certain public utilities. Non-application of Buildings Ordinance. (Cap. 123.) Non-application of section 13 of the Summary Offences Ordinance. (Cap. 228.) Completion date. Restoration of sea bed and works area. Expenses of restoration. Certificate required before tunnel opened. Operating date. [*3.8.72-see G.N. 1852/72.] Company to provide tunnel facilities. Right to use of tunnel facilities. (Cap. 274.) Control and safety of tunnel traffic. Application of other laws. (Cap. 374.) Closure of tunnel for safety reasons. Operation of tunnel by Government. (Cap. 341.) Commissioner may enter tunnel for inspection purposes. Company to charge approved tolls for use of tunnel. Variation of tolls. (Cap. 341.) Description of motor vehicle. (Cap. 374.) Display of notices of tolls and sale thereof. (Cap. 274.) Company may not charge tolls greater than those as fixed or varied. Company may erect toll structures. Installation of power cables, etc., through tunnel. Advertising in tunnel area. (Cap. 132.) Commissioner to have regard for safety in use of and passage through the tunnel. Tunnel to be maintained in state of repair. Application of sections 20 to 26 and section 66 to repairs and alterations. Closure of tunnel for repairs or alterations. Revocation of the grant. (Cap. 274.) Effect of winding up of Company or cessation of grant. Liability of Company and amount payable by Government on winding up or cessation of grant. (Cap. 341.) Reimbursement of Company upon expiration of grant. (Cap. 112.) Government not liable for Company's debts. Meaning of 'assets'. Appeal by rate-payers and vehicle owners regarding the tunnel facilities. (Cap. 374.) Appeal by the Company. Records. Information to be supplied by Company to the Director or the Commissioner. Power to make regulations. Power to make by-laws. Obligation to give information relating to the driving of vehicles. (Cap. 374.) (Cap. 274.) Proof in summary proceedings of identity of driver. (Cap. 274.) Definitions and application. (Cap. 374.) Extent of application of Cap. 113. Compensation for interference with private rights. (Cap. 113.) Delegation by Director and Commissioner. Limitation of public liability. Saving.

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