EASTERN HARBOUR CROSSING ORDINANCE
Title
EASTERN HARBOUR CROSSING ORDINANCE
Description
LAWS OF HONG KONG
EASTERN HARBOUR CROSSING ORDINANCE
CHAPTER 215
CHAPTER 215
EASTERN HARBOUR CROSSING ORDINANCE
ARRANGEMENT OF SECTIONS
Section Page
PART I
PRELIMINARY
1.........Short title ...................... ... ... ... ... ... ... ... ... ... 5
2...........Interpretation ................... ... ... ... ... ... ... ... ... 5
3...........Variation of plan ................ ... ... ... ... ... ... ... ... ... ... 8
PART II
THE FRANCHISES
4. The road franchise................ ... ... ... ... ... ... ... ... ... ... 9
5. The rail franchise................ ... ... ... ... ... ... ... ... 9
6. Effect of franchises.... ......... ... ... ... ... ... ... ... ... ... 9
PART III
ASSIGNMENTS, MORTGAGES ETC.
7..................Assignment of rail franchise ... ... ... ... ... ... ... ... ... ... 10
8.......................Transfer of rail operating rights . ... ... ... ... ... ... ... ... 10
9...........................Prohibition on assignment etc. of franchise rights ... ... ... ... ... ... 10
10...............Mortgages and charges .... ... . ... ... ... ... ... ... 11
PART IV
PROVISIONS RELATING TO THE ROAD COMPANY AND THE RAIL COMPANY
11....................Directors of the Road Company ... ... ... ... ... ... ... ... ... 11
12. Minimum paid-up share capital ... ... ... ... ... 12
13..........................The Government's equity in the Road Company ... ... ... ... ... ... 12
14...........Tax provisions .................. ... ... ... ... ... ... ... ... ... 13
PART V
DUTIES OF THE ROAD COMPANY AND
THE GOVERNMENT IN CARRYING OUT THE PROJECT
15. Construction works to be carried out at the expense of the Road Company 13
16.............Start of construction ......... ... ... ... ... ... ... ... ... ... ... 13
17..........................Period within which works must be completed ... ... ... ... ... ... 14
18......................Determination of date of completion ... ... ... ... ... ... ... ... 15
19..................Land required for the project ... ... ... ... ... ... ... ... ... ... 15
20. Liability of Road Company in respect of land made available ... ... ... ... 15
Section page
PART VI
THE CARRYING OUT OF THE CONSTRUCTION
WORKS
21. Authorization under this Part sufficient authority to carry out works 16
22. Road Company to submit a construction programme ... ... ... ... ... ... 17
23. No works to commence without authority ... ... ... ... ... ... ... ... 17
24. Road Company to submit designs ... ... ... ... ... ... ... ... ... ... 17
25. Approval and exemption of designs by the Director ... ... ... ... ... ... 18
26. Alteration of approved or exempted designs ... ... ... ... ... ... ... ... 18
27. Approval of methods of construction 1 . ... ... ... ... ... ... ... ... 18
28. Approval of construction contracts ... ... ... ... ... ... ... ... ... ... 18
29. Minor or incidental works may be carried out without submission of design 19
30. Provisions supplementary to sections 22 to 29 ... ... 1 . ... ... 19
31. Other powers of the Director ... ... ... ... ... ... ... ... ... ... ... 19
32. Precautions to be taken against the obstruction of shipping or aircraft ... ... 20
33. Restoration of sea-bed and works area ... ... ... ... ... ... ... ... ... 21
34. Diversion of cables, pipes etc . ... ... ... ... ... ... ... ... ... ... ... 21
35. Other obligations of the Road Company ... ... ... ... ... ... ... ... ... 22
PART VII
CONTINUING OBLIGATIONS AND PROVISIONS IN
RESPECT OF
THE CONSTRUCTION WORKS: REGULATIONS
36.......Defects .............................. ... ... ... ... ... ... ... ... ... 22
37........................Repair of immersed tube and road works ... ... ... ... ... ... ... 23
38........................Provisions supplementary to sections 36 and 37 ... ... ... ... ... ... ... 24
39...............Closure of immersed tube ..... ... ... ... ... ... ... ... ... ... ... 25
40....................Utilities through the immersed tube ... . ... ... ... ... ... ... 25
41...................................Director may enter tunnel area and works area for certain purposes ... ... 26
42. Information to be supplied by the Road Company and the Rail Company to
the Director ............................ ... ... ... ... ... ... ... 26
43...............Power to make regulations .... ... ... ... ... ... ... ... ... ... ... 26
PART VIII
THE ROAD TUNNEL
44.............Road operating date ............ ... ... ... ... ... ... ... ... 27
45........................Road Company to provide tunnel facilities ... ... ... ... ... ... ... 27
46..................Right to use of tunnel facilities ... ... ... ... ... ... ... ... ... ... 27
47..................Control and safety of tunnel traffic ... ... ... ... ... ... ... ... ...
28
48...............Application of other laws .... ... ... ... ... ... ... ... ... ... ... 28
49. Operation of road tunnel area by Government ... ... ... ... ... ... ... 28
Section...................................... Page
50. Closure of road tunnel for safety reasons ... ... ... ... ... ... 28
51.1 Advertising in road tunnel area ... ... ... ... ... ... ... ... ... ... ... 28
52. Commissioner may enter road tunnel for inspection purposes ... ... ... 29
53. Records and information ... ... ... ... ... ... ... ... ... ... ... ... 29
54. Power to make by-laws ... ... 1. ... 1 . ... ... ... ... ... ... ... 30
PART IX
COLLECTION OF
TOLLS
55..................................Road Company to charge approved tolls for use of road tunnel ... ... ... 31
56...................Description of motor vehicle ... ... ... ... ... ... ... ... ... ... 32
57.........................Display of notices of tolls and sale thereof ... ... ... ... ... ... ... 32
58.......................................Road Company may not charge tolls greater than those as fixed or varied ... 32
59............................Road Company may erect toll structures, etc. ... ... ... ... ... ... 32
PART X
TRAFFIC OFFENCES: SUPPLEMENTARY
PROVISIONS
60..................................Obligation to give information relating to the driving of vehicles ... ... ... 32
61..............................Proof in summary proceedings of identity of driver ... ... ... ... ... 33
62............Proof of plan ................... ... ... ... ... ... ... ... ... ... 34
63...................Definitions and application ... ... ... ... .... ... ... ... 34
PART XI
OPERATION OF THE
RAILWAY
64..............Rail operating date ........... ... ... ... ... ... ... ... ... ... 34
65..................................Application of Mass Transit Railway Corporation Ordinance ... ... ... 35
66. Rail Company may charge the Mass Transit Railway Corporation for the use
of the railway .................... ... ... ... ... ... ... ... 35
PART XII
DEFAULT AND EXPIRATION OF THE
FRANCHISES
67.......Default ............................. ... ... ... ... ... ... ... ... ... 35
68..................Defaults capable of remedy ... ... ... ... ... ... ... ... ... ... 36
69...............Revocation of the grant ..... ... ... ... ... ... ... ... ... ... ... 37
70...................................Effect of winding up of the companies, termination of franchises etc . ... ... 39
71. Liability of companies and amount payable by the Government on the vesting
in it of their assets ............. ... ... ... ... ... ... ... ... 40
72.............................Reimbursement of company upon expiration of grant ... ... ... ... ... 41
73.............................Government not liable for Road or Rail Company's debts ... ... ... ... 41
74.............Meaning of 'assets' ........... ... ... ... ... ... ... ... ... ... ... 41
Section page
PART XIII
SUPPLEMENTARY
75. Appeal by the Road Company or the Rail Company ... ... ... ... 41
76. Foreshore reclamations deemed to be authorized ... ... ... ... ... ... ... 42
77. Non-derogation from Government's rights ... ... ... ... ... ... ... ... 42
78. Certificate as to moneys owing to the Government ... ... ... ... ... ... 43
79. Enforcement of requirement and directions ... ... ... ... ... ... ... ... 43
80. Director to give effect to the project agreement ... ... ... ... ... ... 43
81. Limitation of public liability ... ... ... ... ... ... ... ... ... ... 43
Schedule. Eastern Harbour Crossing Road Tunnel Tolls ... ... ... ... ... ... 43
CHAPTER 215
EASTERN HARBOUR CROSSING
To grant franchises for the construction of a combined road and rail
tunnel across the eastern harbour, for the construction of a
railway line through the tunnel and of other railway works and
the regulation of the construction and maintenance of the works
to be constructed; for the payment of tolls to the franchise holder
for the use by motor vehicles of the tunnel and the regulation of
vehicular traffic in relation to such use; for the transfer by the
franchise holder of its right to operate the railway line to the
Mass Transit Railway Corporation, and for matters ancillary
thereto and connected therewith.
[1 August 1986.]
PART I
PRELIMINARY
1. This Ordinance may be cited as the Eastern Harbour Crossing
Ordinance.
2. (1) In this Ordinance, unless the context otherwise requires
'Commissioner' means, subject to subsection (2), the Commissioner for
Transport;
'construction works' means all works carried out or to be carried out
under the project agreement and all works required to carry them
out;
'design' means the design of the construction works or of any part or
component thereof and includes plans and engineering information
in support of that design;
'Director' means, subject to subsection (2), the Director of Highways;
'discharge date' means the date when the guarantors cease to have
any obligations under the guarantee agreement;
,,engineering information' includes geotechnical and other necessary
reports;
'guarantee agreement' means the agreement designated as the
guarantee agreement for the purposes of this definition by the
Secretary by notice in the Gazette and any subsequent agreement
amending or supplementing that agreement;
'guarantors' means the New Hong Kong Tunnel Consortium
comprising the following members or such other persons as may
undertake the obligations of guarantors under the guarantee
agreement
Kumagai Gumi Company Limited China International Trust
and Investment Corporation Paul Y. Construction
Company Limited Lilley Construction Limited;
'immersed tube' means the immersed cellular structure crossing
Victoria Harbour from the sea-wall at Cha Kwo Ling to the sea-wall
at Quarry Bay and containing 5 conduits
(a) 2 conduits each containing 2 road traffic lanes;
(b)2 conduits each containing one single track railway line; and
(e) one conduit for services and utilities,
and includes the protective rock armouring
'land' includes land under the sea;
'Mass Transit Railway Corporation' and 'Corporation' mean the Mass
Transit Railway Corporation established by section 3(1) of the
Mass Transit Railway Corporation Ordinance;
'motor vehicle' means any mechanically propelled vehicle for use on
roads;
,,operating agreement' means the agreement designated as the
operating agreement for the purposes of this definition by the
Secretary by notice in the Gazette and any subsequent agreement
amending or supplementing that agreement;
'plan' means
(a)the plan numbered 1765 signed by the Director and deposited
in the Land Office, Victoria; and
(b) any new plan deposited in accordance with section 3(3);
project means the project, the subject of the project agreement, for the
following works to be undertaken by the Road Company
(a) the construction of the immersed tube;
(b)reclamation and other works on or affecting the foreshore or
sea-bed;
(c)the construction of approach roads and temporary and
permanent alterations to existing roads;
(d) the construction of the railway works; and
(e)the construction of other buildings, and structures, and the
undertaking of other works necessary for the proper carrying
out of the project agreement;
'project agreement' means the agreement designated as the project
agreement for the purposes of this definition by the Secretary by
notice in the Gazette and any subsequent agreement amending or
supplementing that agreement;
'Rail Company- means-
(a) subject to paragraph (b)-
(i) the New Hong Kong Tunnel Company Limited;
(ii) in the event of an assignment under section 7(1) by
the New Hong Kong Tunnel Company Limited to the
Eastern Harbour Crossing Company Limited of the
benefit of the franchise granted under section 5(1) and
upon such assignment, the Eastern Harbour Crossing
Company Limited in place of the New Hong Kong Tunnel
Company Limited;
(b)in the event of the benefit of the franchise granted under
section 5(1) being assigned to, or vested in, a person other
than the New Hong Kong Tunnel Company Limited or
the Eastern Harbour Crossing Company Limited under or
in accordance with this Ordinance (otherwise than by way
of transfer under section 8), such other person in place of
either of those companies;
'rail operating date' means the date notified in the Gazette under
section 64(1);
'railway' means the railway constructed or to be constructed by the
carrying out of the railway works;
'railway works' means-
(a)the extension of the Mass Transit Railway's existing Kwun
Tong Line on a viaduct as far as a new overhead station at
Lam Tin, then in twin tunnels or at ground level to the
north landfall of the immersed tube, then through the
immersed tube on 2 single track lines to the south landfall
of the immersed tube and continuing in twin tunnels to a
terminus at the existing Quarry Bay Station;
(b)at Quarry Bay Station, 2 railway station tunnels together
with a rail cross-over in a tunnel on the south side of Quarry
Bay Station;
(c)a new overhead station at Lam Tin with pedestrian access
by bridge across Kwun Tong Road, together with escala-
tors to the Lam Tin Estate and modifications to the exist-
ing Quarry Bay Station providing a passenger interchange
between the Island Line and the twin station tunnels
constructed on the extension to the Kwun Tong Line; and
(d)all electrical, mechanical and civil works required as a
result of the extension of the Kwun Tong Line to Quarry
Bay for the operation of the railway;
'Road Company' means-
(a)subject to paragraph (b), the New Hong Kong Tunnel
Company Limited;
(b)in the event of the benefit of the franchise granted under
section 4(1) being assigned to, or vested in, a person other
than the New Hong Kong Tunnel Company Limited
under or in accordance with this Ordinance, such other
person in place of that company;
'road operating date' means the date notified in the Gazette under
section 44(1);
'road tunnel' means the conduits of the immersed tube which
contain road traffic lanes;
'road tunnel area' means the area delineated and coloured red on
the plan;
'Secretary' means the Secretary for Transport;
',start of construction' means the date upon which the construction
works are commenced as agreed, or as determined, under
section 16(1);
'toll structure' means any structure erected by the Road Company
for the purposes of section 59;
,,utility' means any electric power cable, telephone cable or other
cable used in communication, any telecommunications appara-
tus, and any pipe used in the supply of water, gas or oil, or for
drainage or sewerage, together with any duct for such cable or
pipe and any ancillary apparatus or works.
(2) Any reference to the Director or the Commissioner in any
provision of this Ordinance shall be deemed to include any public
officer whom the Director or Commissioner, as the case may be,
authorizes to exercise his functions under that provision.
(3) Any function to be exercised by the Governor in Council
under this Ordinance may, where the Governor is of the opinion that
the matter is one of urgency, be exercised by the Governor.
(4) A reference in this Ordinance to arbitration under the
Arbitration Ordinance shall be deemed, for the purposes of the
Arbitration Ordinance, to be a reference by an arbitration agree-
ment, as defined for the purposes of that Ordinance, to 2 arbitrators,
one appointed by each party.
3. (1) The Director may, with the agreement of the Road
Company, cause the boundaries of the road tunnel area 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
road tunnel area.
(3) Every new plan prepared in accordance with subsection (2)
shall be numbered, dated, signed by the Director and deposited in
the Land Office.
(4) Whenever a new plan is deposited under subsection (3), the
Director shall cause a notification of such deposit to be published in the
Gazette.
PART II
THE FRANCHISES
4. (1) Subject to this Ordinance, the Road Company shall have the
franchise to
(a) construct the immersed tube;
(b)construct all other works comprised in the project, other than
the railway works;
(c)keep in place the works referred to in paragraphs (a) and (b),
(other than works which are, under the project agreement, to
be handed over to the Government) for the purpose specified
in paragraph (d) and for the period specified in subsection (2);
and
(d)operate the road tunnel area for the public, upon payment to
the Road Company of the tolls specified in Part IX and the
Schedule, for the period specified in subsection (2).
(2) The period referred to in subsection (1) is the period that
commences at the start of construction and ends on the thirtieth
anniversary of the start of construction.
5. (1) Subject to this Ordinance, the Rail Company shall have the
franchise to
(a) construct the railway works;
(b)keep in place the railway works for the purpose specified in
paragraph (c) (other than works which are, under the project
agreement or the operating agreement, to be handed over to
the Government, or the Mass Transit Railway Corporation
otherwise than by transfer under section 8) and for the period
specified in subsection (2); and
(c)operate, for the use of the public, a railway transport service
on the railway for the period specified in subsection (2).
(2) The period referred to in subsection (1) is the period that
commences at the start of construction and ends 18 years and 6 months
after the rail operating date.
6. The franchises granted by sections 4(1) and 5(1) shall be deemed
to include all wayleaves and other rights necessary to render such grant
effective, but subject thereto nothing in those sections shall be
construed as conferring on the Road Company or the Rail Company any
title, right or interest in the land on which the construction works are, or
are to be, constructed.
PART III
ASSIGNMENTS, MORTGAGES ETC.
7. (1) The New Hong Kong Tunnel Company Limited, being then
the Rail Company, may, at any time before the rail operating date, assign
to the Eastern Harbour Crossing Company Limited the benefit of the
franchise granted to it under section 5(1):
Provided that no assignment under this section shall affect the
obligations of the New Hong Kong Tunnel Company Limited under the
project agreement or of the guarantors under the guarantee agreement.
(2) The New Hong Kong Tunnel Company Limited shall notify the
Secretary of any assignment under this section as soon as practicable
after the execution thereof.
(3) The Secretary shall, upon receiving notification under
subsection (2), give notice in the Gazette of the date of an assignment
under subsection (1).
8. The right to keep in place the railway works and to operate a
railway transport service granted by section 5(1)(b) and (e) shall, on or
before the rail operating date, be transferred by the Rail Company to the
Mass Transit Railway Corporation, in accordance with the terms of the
operating agreement, for the remainder of the period specified in section
5(2) which is unexpired at the time of transfer:
Provided that nothing done under this section shall affect the
obligations of the Rail Company under this Ordinance.
9. (1) Subject to sections 7, 8 and 10 neither the Road Company nor
the Rail Company shall assign, subgrant, underlet or otherwise dispose
of its rights under this Ordinance or enter into any agreement for such
disposal except with the prior consent of the Governor in Council and in
accordance with the terms of his consent:
Provided that where such disposal is necessary or desirable to
enable effect to be given to any arrangements entered into for the
purpose of complying with any notice given under section 68 and the
Governor in Council is satisfied that
(a) the arrangements are adequate for the purpose; and
(b)the person to whom the rights are to be disposed is a person
in whom such rights may properly be vested or to whom such
rights may properly be transferred,
such consent shall not be withheld.
(2) The Secretary shall give notice in the Gazette of the date of any
disposal authorized under subsection (1), the name of the person to
whom the rights are disposed, the nature of the disposal and the date
thereof.
10. (1) Nothing in section 9 shall prevent either the Road Company
or the Rail Company from securing the payment or repayment of any
moneys owing by it under any agreement or arrangement entered into
for the purpose of providing moneys to finance
(a) the designing and carrying out of the construction works;
(b)the undertaking of any obligation imposed on that company
by this Ordinance, the project agreement or the operating
agreement; or
(c)such other purposes as the Financial Secretary may, by prior
notice in writing to the company concerned, permit,
by means of any assignment by way of mortgage or other charge or
similar arrangement of the rights granted to it under Part II:
Provided that no such mortgage or charge in so far as it relates to
such rights, shall be enforced, whether by order of any court or
otherwise, except with the consent of the Governor in Council and in
accordance with the terms of his consent.
(2) Nothing in section 9 or subsection (1) shall apply to any
mortgage, charge, assignment or other arrangement entered into
(a)by the Road Company, which secures any debt or obligation
of that company, upon the right to receive the tolls under Part
IX; or
(b)by the Rail Company, which secures any debt or obligation of
that company, upon the right to receive any payments under
the operating agreement.
(3) Where the enforcement of any mortgage or charge to which
subsection (1) applies has the effect of transferring the franchise
granted by section 4(1) or 5(1) from a person who was the Road
Company or, as the case may be, the Rail Company, immediately prior to
the transfer to any other person who thereby becomes the Road
Company or, as the case may be, the Rail Company, the Secretary shall
give notice thereof in the Gazette.
(4) A notice under subsection (3) shall specify the name of such
other person, the nature of the right transferred and the date of the
transfer.
PART IV
PROVISIONS RELATING TO THE ROAD COMPANY AND
THE RAIL COMPANY
11. (1) A majority of the directors of the Road Company shall be
persons who are ordinarily resident in Hong Kong.
(2) The Governor shall have power, notwithstanding any provision
of the Companies Ordinance or any other law, the memorandum or
articles of the Road Company or other instrument, to appoint 2 directors
to the board of the Road Company.
12. (1) On the road operating date the issued and fully paid-up
share capital of the Road Company shall be
(a)if no assignment has taken place under section 7(1), not less
than $1,100,000,000; and
(b)if such assignment has taken place, not less than
$750,000,000.
(2) On the road operating date the issued and fully paid-up share
capital of the Rail Company shall be, if an assignment has taken place
under section 7(1), not less than $350,000,000.
13. (1) The Government shall be entitled-
(a)prior to the event described in paragraph (b), to hold 5 per
cent of the shares; and
(b)upon the opening for use by the public of a trunk road
connexion from the vicinity of Shatin passing through a
tunnel under or in the vicinity of Tate's Cairn to East
Kowloon, to hold an additional 2.5 per cent of the shares.
(2) Within 14 days after the occurrence of a relevant event the
Road Company shall procure the transfer of shares to the Government
of sufficient shares to ensure that, upon such transfer, the Government
holds the shares which, immediately after that event, it is by subsection
(1) entitled to hold.
(3) Shares transferred to the Government under this section shall
be fully paid up and free from encumbrances and shall be held on behalf
of the Government by the Financial Secretary Incorporated.
(4) For the purposes of this section-
(a)shares shall be deemed to be held by the Government
notwithstanding that, after they have been transferred to the
Government under this section, the Government may
subsequently have disposed of them;
(b) a 'relevant event takes place-
(i) on the commencement of this Ordinance;
(ii) at the time, prior to the event described in subsection
(1)(b), when any shares additional to shares issued on or
before such commencement are issued;
(iii) upon the event described in subsection (1)(b) taking
place; or
(iv) on any change in the identity of the Road Company;
(c)'shares' means the ordinary voting shares of the Road
Company.
14. For the purposes of Part VI of the Inland Revenue Ordinance
(a)the Road Company shall throughout the continuance of the
franchise granted by section 4(1) be deemed to be the owner
of and to have the relevant interest in the works which it has
the right to keep in place under section 4(1)(c);
(b)the Rail Company shall throughout the continuance of the
franchise granted by section 5(1) be deemed to be the owner
of and to have the relevant interest in the works which it has
the right to keep in place under section 5(1)(b);
(c)upon the assignment of the benefit of the franchise granted
under section 5(1) to the Eastern Harbour Crossing Company
Limited under section 7(1), any capital expenditure, as defined
for the purposes of Part VI of the Inland Revenue Ordinance,
incurred by the New Hong Kong Tunnel Company Limited
(being then the Rail Company) on the works referred to in
paragraph (b) shall be deemed to have been incurred by the
Eastern Harbour Crossing Company Limited at the time of the
assignment:
Provided that any allowance granted under that Part in
respect of the expenditure deemed to have been incurred shall
be reduced by any allowance granted under that Part to any
other person in respect of the same expenditure.
PART V
DUTIES OF THE ROAD COMPANY AND THE
GOVERNMENT
IN CARRYING OUT THE PROJECT
15. (1) The Road Company shall, at its own expense, carry out the
construction works in accordance with the project agreement and this
Ordinance and within the period specified in section 17.
(2) For the purposes of section 5(1)(a) any railway works constructed
by the Road Company in pursuance of the duty imposed by this section
shall be deemed to have been carried out on behalf of and for the
benefit of the Rail Company, and nothing in subsection (1) of this
section shall prevent the expense referred to in that subsection being
apportioned between the Road Company and the Rail Company in such
reasonable manner as they may agree.
16. (1) The Road Company shall not commence the construction
works before such date as may be agreed between the Director and the
Road Company or, in the absence of agreement, as the Director may
determine.
(2) The Director shall cause a notice to be published in the
Gazette specifying the date of commencement of the construction
works as agreed or determined under subsection (1).
17. (1) Subject to this section, the Road Company shall
complete the construction works within 42 months from the start of
construction or within such extended period as may be approved by
the Governor in Council.
(2) If the Road Company fails, or appears to be likely to fail,
to complete the construction works within the period specified in
subsection (1), the Governor in Council shall, in considering
whether or not to exercise its powers under subsection (1), take into
account the extent to which the construction works have been
carried out and whether such failure was or is occasioned by
circumstances beyond the control of the Road Company (the want
of sufficient funds not being regarded as a circumstance beyond its
control).
(3) The Director may, by notice to the Road Company, allow
such time additional to the time specified in subsection (1) as he may
determine in the event of-
(a) storm, flood, natural disaster or other similar event;
(b) war, insurrection or riot;
(c)the interruption of the works due to the non-availability of
equipment or materials essential to the construction works
or the interruption for reasons beyond the control of the
Road Company of the supply of equipment or materials to
the works;
(d)any default or unreasonable delay by the Government or
its agents in doing anything they are required to do by this
Ordinance;
(e)the undertaking by the Road Company at the request of
the Government of any works which are not construction
works at the commencement of this Ordinance, where such
undertaking delays the carrying out of the construction
works;
(f)any direction under section 32(2) which is inconsistent with
any approval or exemption previously given by the Direc-
tor under Part VI;
(g)any other event which, in the opinion of the Director,
could not reasonably have been foreseen by the Road
Company at the time when it entered into the project
agreement,
and he shall allow such time where this is required by the terms of
any agreement between the Government and the Road Company for
the execution of any works by the Road Company which are not
construction works at the commencement of this Ordinance, and
any period of time so allowed shall be deemed to extend the period
specified in subsection (1) or, as the case may be, that period as
extended under that subsection by the period so determined.
18. For the purposes of section 17(1) the date when the Road
Company shall be deemed to have completed the construction
works shall be either the road operating date or the rail operating
date, whichever event last occurs.
19. (1) The Government shall, upon the start of construction
or such other date, whether earlier or later, as may be agreed
between the Road Company and the Director, permit the Road
Company, its contractors and agents without charge to enter for the
purpose of carrying out, and to carry out, the construction works-
(a)the land where the construction works are to be under-
taken; and
(b)any land contiguous thereto, as agreed between the Road
Company and the Director or, in the absence of such
agreement, as the Director may determine, being land
temporarily required to facilitate the undertaking of the
construction works.
(2) The Government shall, upon the start of construction or
such other date as may be agreed between the Road Company and
the Director, permit the Road Company to enter for the purpose of
carrying out, and to carry out, the construction works, land other
than the land referred to in subsection (1) on payment of such sum,
and on such reasonable terms and conditions, as the Director of
Buildings and Lands may determine:
Provided that in determining any such sum the Director of
Buildings and Lands shall be guided by the practice of the Govern-
ment in relation to the making of similar land available to persons
other than the Road Company.
(3) Nothing in this section shall apply to any land which,
under the project agreement, is to be obtained by the Road Com-
pany other than from the Government nor relieve the Road Com-
pany from making any payment it is required to make under section
20 in respect of land to which this section relates.
20. (1) The Road Company shall be liable to the Government
for-
(a)all compensation payable, and all costs and expenses
(including legal costs and expenses) incurred by the
Government in-
(i) resuming any land, or any easement or right therein,
required for the purposes of the project;
(ii) obtaining vacant possession of any such land,
including all such compensation, costs or expenses which
are payable under any Ordinance, or by reason of the
order of any court, award of an arbitrator or by virtue of
any agreement, composition or arrangement with any
person, or for which the Government is otherwise liable,
and whether the liability to pay such compensation, costs
or expenses arose before or after the commencement of this
Ordinance; and
(b)all costs, expenses, and payments, whether referred to in
paragraph (a) or not, incurred or made by the Govern-
ment, which the Road Company has undertaken to refund
to the Government under the project agreement or
otherwise.
(2) Any amount for which the Road Company is liable under
subsection (1) shall become payable-
(a)if liability arises prior to the road operating date, upon that
date; and
(b)if liability arises on or after the road operating date, and
the amount of the liability is certified under section 78,
upon presentation of the certificate to the Road Company.
(3) For the purposes of subsection (1) the Government shall
be deemed to have been liable to pay compensation where it has
made payments of a character usually made by the Government in
the case of land resumption or clearance, notwithstanding that the
payments may have been expressed to be on an ex gratia basis or
have been paid otherwise than by reason of a legal obligation.
PART VI
THE CARRYING OUT OF THE CONSTRUCTION WORKS
21. (1) Subject to subsection (3) any construction works
which may be carried out lawfully under this Part and in accordance
with any approval or exemption thereunder may be carried out
without further authority notwithstanding anything to the contrary
in any Ordinance:
Provided that nothing in this section shall authorize anything to
be done in contravention of section 13 of the Summary Offences
Ordinance.
(2) Subject to subsection (3) the Buildings Ordinance shall not
apply in relation to the construction works.
(3) The Secretary for Lands and Works may, by notice in the
Gazette, apply the Buildings Ordinance, or any provision thereof, to
any of the construction works:
Provided that nothing in this subsection shall apply to any such
works which are civil engineering works.
22. (1) As soon as practicable after the commencement of this
Ordinance, the Road Company shall submit to the Director for his
approval a programme for the carrying out of the construction
works and the construction works shall be carried out in accordance
with such programme as so approved.
(2) The Director may approve or disapprove the programme
submitted under subsection (1) or approve it in part and disapprove
it in part.
(3) The Road Company may at any time apply to the Director
for a variation of the programme approved under subsection (2) and
any variation approved by the Director under this subsection shall
be deemed to form part of the programme approved under subsec-
tion (2).
23. Subject to sections 16 and 29, the undertaking of any part
or component of the construction works shall not commence until-
(a)its design has been submitted to the Director for his
approval under section 25;
(b)the design so submitted has been approved under section
25(3) or has been exempted from approval under section
25(1);
(c)the method of its construction has been approved under
section 27;
(d)where the works are to be carried out by a contractor, the
terms of any contract between the Road Company and
such contractor have been approved under section 28 or do
not require such approval by virtue of that section.
24. (1) As soon as practicable after the commencement of this
Ordinance, the Road Company shall submit to the Director for his
approval under section 25 the design of the construction works.
(2) Such design may relate to the whole of the construction
works or may be prepared in divisions in accordance with subsec-
tion (3).
(3) Where the design is prepared in divisions, each division
shall relate to such part of the construction works and be prepared in
such order as may be agreed between the Director and the Road
Company or, in the absence of such agreement, as the Director may
determine.
25. (1) Upon receipt of a design submitted to him for his
approval under this section the Director may, by endorsement
thereon, exempt that design from the provisions of this section.
(2) Where the design is not exempted from the provisions of
this section the procedures for the approval of that design by the
Director shall be such as may be agreed between the Director and
the Road Company or, in the absence of such agreement, as the
Director may determine.
(3) After due completion of the procedures referred to in
subsection (2), or such of those procedures as the Director may
consider appropriate in any particular case, the Director may
approve or disapprove the design or may approve it in part and
disapprove it in part.
(4) The Director may defer consideration of a design under
this section if the design forms part of, or is related to, any works to
which a notice under section 30(3) or section 31 relates until such
time as the notice is complied with to his satisfaction.
26. (1) Any design approved under section 25(3) or exempted
from approval under section 25(1) may be altered or added to with
the approval of the Director and in accordance with the terms of
that approval.
(2) Any alteration or addition that is approved under this
section shall be deemed to form part of the design so approved or
exempted from approval.
27. There shall be submitted, where practicable with any
design submitted to the Director for his approval under section 25
and in any case prior to the undertaking of any part of the
construction works to which the design relates, particulars of the
methods of construction to be employed; and the Director may
approve or disapprove those methods or may approve them in part
and disapprove them in part.
28. The Road Company shall not enter into any contract for
the carrying out of the construction works or any part thereof unless
the terms of the contract have first been approved by the Director:
Provided that nothing in this section shall apply to-
(a)the financial terms of the contract, or any terms which are
otherwise unrelated to the nature or quality of the con-
struction works to be carried out under the contract; or
(b)any contract or terms which the Director may, by notice in
writing to the Road Company, exempt from the require-
ments of this section.
29. The Director may authorize the Road Company to carry
out any construction works which, in his opinion, are of a minor or
incidental character without the submission to him of designs under
section 25, and section 23 shall not apply in relation to such works.
30. (1) In the exercise of any discretion granted to him by
sections 22 to 29 the Director shall have regard to-
(a) the project;
(b)sound engineering practice and other proper engineering
matters;
(c) the safety of persons and property,
and also, in the case of the exercise by him of his discretion under
sections 23 to 29, the construction programme approved by him
under section 22.
(2) Where the Director refuses, whether in whole or in part,
any approval under the powers granted to him by sections 22 to 29
he shall give to the Road Company reasons in writing for that
refusal and when he grants any approval he may do so subject to
such terms, being terms reasonable in the circumstances, as he may
specify in giving that approval.
(3) Where it appears that the construction works or any part
of them have been, or are being, carried out otherwise than as
authorized by this Part or in accordance with the terms of any
approval or exemption granted thereunder, the Director may, by
notice in writing to the Road Company, require-
(a)work on the construction works, or any part of them, to
cease; or
(b)the demolition of the construction works or any part of
them, and their reconstruction in accordance with the
provisions of this Part or such terms.
31. (1) The Director may by notice in writing to the Road
Company require it to provide such information as may be specified
in the notice about-
(a) the progress of the construction works, or any part thereof;
(b)the identity of any contractor or sub-contractor engaged
in the project and the terms of any contract with him
other than such terms as are described in proviso (a)
of section 28;
(c) any other matter relevant to the project,
and the Road Company shall comply with the notice within the time
specified therein, being a time reasonable in the circumstances.
(2) The Director may in relation to the carrying out of the
construction works by notice in writing to the Road Company
require it to take such steps as may be specified in the notice for-
(a)the safety of any works including the guarding and lighting
thereof;
(b)the avoidance or abatement, whether in part or in whole,
of nuisances;
(c) the protection of the environment;
(d)the taking of samples of any materials used or to be used in
the construction in such circumstances as may be specified
in the notice and the taking of such subsequent steps and
the supplying of such information in respect of those
samples as may be specified;
(e)preventing interference with the operation of the Mass
Transit Railway, ensuring the safe operation of that Rail-
way or otherwise for protecting that Railway; or
otherwise to ensure that all of the construction works are
executed in a proper and safe manner,
and it shall be the duty of the Road Company to comply with any
such notice.
32. (1) During the carrying out of the construction works the
Road Company shall-
(a)mark, keep open, and keep clear of obstruction caused by
the carrying out of the construction works, such shipping
channels as may be notified by the Director of Marine;
(b)keep open and clear of obstruction caused by the carrying
out of the construction works such approaches to Kai Tak
Airport as may be notified by the Director of Civil
Aviation.
(2) If the Director after consultation with-
(a)the Director of Marine, is of the opinion that any part of
the construction works or plant associated therewith is
obstructing any shipping channel notified under subsection
(1)(a); or
(b)the Director of Civil Aviation, is of the opinion that any
part of the construction works or plant associated there-
with is obstructing any approaches notified under subsec-
tion (1)(b),
he may direct the Road Company to discontinue work on any such
part of the construction works and to remove any such construction
works or plant, either forthwith or within such time as he may
specify, and work on such construction works shall not be resumed
except with the prior permission of the Director and subject to such
conditions as he may impose.
(3) If the Road Company fails to remove any works or plant
in accordance with a direction under subsection (2) the Director may
do so.
(4) Where the Director carries out any works under subsection (3),
the cost of so doing shall be recoverable by the Government as a debt
owing by the Road Company to the Government.
33. (1) On the completion of the construction works, or as soon as
is reasonably practicable thereafter, the Road Company at its own
expense and to the reasonable satisfaction of the Director shall
(a)bring the sea-bed affected thereby into conformity with
designs approved by the Director under section 25;
(b)deal with land affected by the carrying out of the construction
works in such way as may be required by such designs; and
(c)restore all other land affected by the carrying out of the
construction works as near as possible to its condition prior
to the undertaking of those works.
(2) If the Road Company fails to effect any works in accordance
with subsection (1) the Director may effect the same.
(3) Where the Director carries out any works under subsection (2),
the cost of so doing shall be recoverable by the Government as a debt
owing by the Road Company to the Government.
34. (1) This section shall apply where it is necessary or expedient
to divert any utility to permit the carrying out of the construction works
to proceed unimpeded.
(2) The Director may at the request of the Road Company divert, or
permit the Road Company at its own expense to divert, any utility that is
under the control of the Government or any agency of the Crown, and
no such utility shall be diverted by the Road Company without the
authority of the Director.
(3) Where the Director diverts a utility in response to a request
under subsection (2), the cost of such diversion shall be recoverable by
the Government as a debt owing by the Road Company to the
Government.
(4) The Director may, by notice in writing to the owner or person
having control of any utility, order hirn
(a)to divert the utility in such manner as may be specified in the
order; and additionally or alternatively
(b)to render any cable, pipe, apparatus or thing forming part of
such utility, or ancillary thereto, safe for diversion.
(5) If the owner or other person fails to comply with any order
under subsection (4) the Director may effect the diversion.
(6) The costs incurred by any person in complying with a direction
under subsection (4) shall be payable by the Road Company to that
person in such amount as may be agreed between the Road Company
and that person or, failing agreement, as may be determined by the
Director.
35. (1) The Road Company shall ensure that all fill for reclamation
works undertaken in pursuance of the project is from a source, and of a
quality, approved by the Director.
(2) Subject to the Sand Ordinance, any spoil dredged from the sea-
bed during the carrying out of the construction works shall be disposed
of by the Road Company at its own expense by removing to such
marine dumping ground or other place as the Director may direct.
(3) Rock excavated for the carrying out of the construction work
shall not be crushed into aggregates or aggregate derivatives for sale,
or sold, without the prior approval of the Director and in accordance
with the terms of such approval. any such terms may require payment to
the Government, whether by way of royalty on the sale or otherwise, as
a consideration for the grant of the approval.
(4) The Road Company shall at its own expense make good all
damage occasioned by the carrying out of the construction works to all
sea-walls, public roads, storm drains, water mains or other public
property in such manner as the Director may direct.
(5) As soon as practicable after the date of completion as
determined under section 18, the Road Company shall at its own
expense supply the Director with as many sets (not exceeding 10) of the
drawings of the construction works as constructed as the Director may
require and in such form as he may require.
PART VII
CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT
OF THE CONSTRUCTION WORKS: REGULATIONS
36. (1) Subject to subsections (2) and (3) the Road Company shall
be liable at all times until the expiration or revocation of the franchise
granted to it by section 4(1) to make good any defect in the
construction works as soon as practicable after the defect becomes
apparent and to the reasonable satisfaction of the Director.
(2) On and after the rail operating date and until the expiration or
revocation of the franchise granted by section 5(1) the Rail Company
shall be liable at all times to make good any defect in the railway works
as soon as practicable after the defect becomes apparent and to the
reasonable satisfaction of the Director.
(3) Where the Rail Company is liable to make good any defect by
reason of the provisions of subsection (2), the liability of the Road
Company to make good any defect under subsection (1) shall not arise
unless the Director is of the opinion that the Rail Company has failed or
unreasonably delayed to discharge its obligations under subsection (2)
in respect of those defects and he notifies the Road Company in writing
of the defect and of such failure or delay.
(4) The Director may, by notice in writing, require the Road
Company or, as the case may be, the Rail Company, to effect such
works as he considers necessary to make good any defect that it is
liable to make good under this section and any damage to the
construction works arising from such defect.
(5) Nothing in this section shall
(a) impose any liability on
(i) the Road Company to make good any defect or damage
arising from such defect which becomes apparent in the
railway works after the expiration of the franchise granted to
the Rail Company by section 5(1); or
(ii) the Road Company or the Rail Company to
(A)discharge any obligation imposed on the Mass
Transit Railway Corporation by the operating
agreement;
(B)undertake any work to remedy any defect, or
damage to the construction works arising from such
defect, beyond the work reasonably required to
remedy such defect or damage; or
(C)remedy any defect which does not, or is unlikely to,
adversely affect the design life, operation, use or
safety of the construction works; or
(b)restrict or otherwise affect the obligations of the Road
Company or the Rail Company under the operating agreement
in respect of defects or repairs.
37. (1) The Road Company shall keep in a state of repair until the
expiration or revocation of the franchise granted by section 4(1) and to
the satisfaction of the Director--
(a)the fabric of the immersed tube including all scaling elements
and the common wall separating the road conduits from the
railway conduits and the rock armouring; and
(b)all works, whether within or outside the immersed tube, which
it has the right to keep in place under section 4(1)(c).
(2) The Director may, by notice in writing, require the Road
Company to effect such repairs and alterations to the structures or
works it is required by subsection (1) to keep in a state of repair as he
considers necessary for the proper repair thereof and for the obviation
of fire and other hazards therein.
(3) Where in pursuance of the obligation imposed on it by
subsection (1)(a), the Road Company carries out any works on the
fabric of the immersed tube after the revocation or expiration of the
franchise granted to the Rail Company by section 5(1), the Govern-
ment shall be liable to pay to the Road Company one third of the
costs reasonably incurred by the Road Company on those works.
(4) Any sum payable by the Government under subsection (3)
shall be paid out of general revenue.
38. (1) Where any works are effected by the Road Company
or the Rail Company under section 36 or 37, the provisions of Part
VI shall apply in respect of the carrying out of such works as though
the same were the carrying out of the construction works with such
modifications as the circumstances of the case may require or as the
Director may determine and, in the case of works carried out by the
Rail Company, as if that company were the Road Company and
references in Part VI to the Road Company were construed
accordingly.
(2) The Director shall not exercise his powers under section 36
or 37 in such manner as would require the Road Company or, as the
case may be, the Rail Company, to carry out any works to a
standard which is substantially higher than that-
(a) required by-
(i) any relevant approval or exemption under Part VI;
or
(ii) standards generally prevailing,
when the construction works were first carried out;
(b)which may be reasonably justified having regard to the age
of the construction works at the time when such works as
so required are to be carried out.
(3) If the Road Company or, as the case may be, the Rail
Company fails to comply with any requirement of the Director
under section 36 or 37 within a reasonable time after the receipt of
notice of the requirement, the Director may effect the necessary
works.
(4) If at any time there exist, in the opinion of the Director,
any circumstances requiring the immediate carrying out of any
works which the Road Company or, as the case may be, the Rail
Company is required by section 36 or 37 to carry out, he may require
the Road Company or, as the case may be, the Rail Company, to
effect the same forthwith or, if he thinks fit, he may forthwith effect
the same with or without notice to the Road Company or, as the
case may be, the Rail Company.
(5) Subject to section 37(3), the expense of any works carried
out under section 36 or 37 shall be borne by the Road Company or,
as the case may be, the Rail Company (being the person under the
duty to carry out those works) and, where any such works are
effected by the Director, the expense thereof shall be recoverable
from the Road Company or, as the case may be, the Rail Company
by the Government as a debt owing by it to the Government:
Provided that where section 36(3) applies the Road Company
and the Rail Company shall be jointly and severally liable to the
Government on such debt.
39. (1) The Road Company may, and if required by the
Director shall, close or partially close the immersed tube whenever
this is necessary to enable any works to be effected by reason of any
obligation imposed by this Part.
(2) It shall be the duty of the Mass Transit Railway Corpora-
tion, when required by the Director, to give effect to such closure in
so far as it affects the railway.
(3) The Road Company shall not, except in an emergency,
effect any such closure under subsection (1) without prior notifica-
tion in writing to the Commissioner where any road traffic lane is to
be closed.
(4) Whenever a closure is effected under subsection (1) in
pursuance of a requirement of the Director, the immersed tube or
such part thereof as is affected shall not be reopened without the
prior consent in writing of the Director.
40. (1) Notwithstanding anything to the contrary in any
other Ordinance-
(a)no person other than the Mass Transit Railway Corpora-
tion may install any utility within the conduits of the
immersed tube containing the railway lines without the
consent of the Corporation and, in the case of installation
by any person other than the Corporation or the Road
Company, the further consent of the Road Company; and
(b)no person other than the Road Company may elsewhere in
the immersed tube install any utility without the consent of
the Road Company.
(2) The Road Company shall not give any permission for the
purpose of subsection (1)(b) unless the Commissioner has first
approved the giving thereof and the terms and conditions (other
than provision as to charges) of the permission.
(3) The Commissioner shall not give his approval under
subsection (2) unless he is satisfied that the safety of persons using or
employed in the vicinity of the immersed tube, and the passage of
motor vehicles through the road tunnel, will not be prejudiced by
such installation.
(4) Where the Mass Transit Railway Corporation gives any
permission for the purposes of subsection (1) it may do so subject to
such terms and conditions as it may think fit to impose:
Provided that nothing in this subsection shall authorize the
Corporation to charge for such permission.
(5) The Road Company and the Mass Transit Railway Corporation
shall afford reasonable access to any utility in the immersed tube by the
owner or person having the control of that utility.
(6) References in subsection (1) to the installation of a utility by
the Corporation or by the Road Company are references to the
installation of that utility for the use by the Corporation or, as the case
may be, by the Road Company.
41. (1) The Director may at any time enter any place where
construction works or other works undertaken in connexion with the
project have been or are being carried out
(a)to ascertain whether the construction works are dangerous or
liable to become unsafe or dangerous;
(b)to inspect or test any machinery, equipment or plant therein;
(e)to ascertain whether the Road Company or the Rail Company
is complying with the provisions of this Ordinance or the
project agreement in relation to the construction or repair of
the construction works;
(d) to effect any works authorized under this Ordinance.
(2) The Road Company, the Rail Company and the Mass Transit
Railway Corporation shall afford the Director such facilities as he may
require for the purposes of subsection (1).
42. For the purpose of enabling the Director to ascertain any
arrangements which have been made or are about to be made by the
Road Company or the Rail Company for the fulfillment of its obligations
under this Part, the Road Company or, as the case may be, the Rail
Company shall, when required by the Director, forthwith furnish him
with such information as to any matter relevant to such arrangements as
he may require.
43. The Governor in Council may make regulations for all or any of
the following matters
(a)the provision by the Road Company of adequate, efficient,
safe and continuous facilities for the passage of motor
vehicles through the road tunnel area;
(b)the safety of persons using or employed in the immersed tube
and road tunnel area, and, without prejudice to the generality
of the foregoing in relation to fire hazards, for preventing any
concentrations of carbon monoxide or other dangerous
gases;
(e)lighting, including emergency lighting, and visibility in the
road tunnel area;
(d)the noise level in the vicinity of any ventilation plant
associated with the road tunnel;
(e)the powers of the personnel provided by the Road Com-
pany for the control, restriction and safety of traffic in the
road tunnel area;
(f)the circumstances under and extent to which police officers
may take over the control and restriction of traffic in the
road tunnel area;
(g)priority of vehicles in passage through the road tunnel
area;
(h)any records required to be kept by the Road Company in
addition to those specified in section 53;
(i)prescribing anything which under this Ordinance is to be
or may be prescribed;
(j) such other purposes as may be necessary or expedient to
carry out effectively the provisions of this Ordinance.
PART VIII
THE ROAD TUNNEL
44. (1) The road tunnel and its approach roads shall be
opened to the use of the public on a date determined by the
Commissioner and notified by him in the Gazette.
(2) The date notified under subsection (1) shall be as soon as
practicable after the Director has issued to the Commissioner and
the Road Company a certificate stating that in his opinion the road
tunnel and approach roads intended to be opened for public use are
in a condition fit therefor.
45. Subject to this Ordinance, on and after the road operating
date and, throughout the continuance under section 4(2) of the
franchise granted by that section, the Road Company shall provide
and operate, to the satisfaction of the Commissioner, adequate,
efficient and safe facilities for the passage of motor vehicles through
the road tunnel.
46. Subject to this Ordinance-
(a)the road tunnel shall be used for the passage of motor
vehicles upon payment of the tolls specified in the
Schedule; and
(b)the Road Company shall not without reasonable grounds
prevent or refuse the use of the road tunnel for such
purpose.
47. (1) The Road Company shall, to the satisfaction of the
Commissioner, provide personnel and facilities for the control and
safety of motor vehicles and persons in the road tunnel area.
(2) The provision of such personnel and facilities shall be at
the expense of the Road Company.
48. (1) Save to the extent that they are inconsistent with any
regulations under section 43 or 'by-laws under section 54, the
provisions of the Road Traffic Ordinance shall apply to the roads in
the tunnel area as if they were roads within the meaning of that
Ordinance.
(2) The road tunnel area shall be a public place for the
purposes of any law.
49. (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 road tunnel area or
any part thereof together with such of the property of the Road
Company as is necessary therefor, and continue such operation until
the Governor in Council otherwise orders.
(2) The Government shall pay to the Road Company for any
loss or damage suffered by that company by reason of any order
under subsection (1), such amount as may be agreed between the
Government and that company, or in default of such agreement
such amount as may be determined by arbitration under the
Arbitration Ordinance.
(3) Any period during which the Government operates the
road tunnel area or any part of that area shall be computed in and
not deducted from the periods specified in section 4(2).
50. (1) The Road Company may, and if so required by the
Commissioner shall, close or partially close the road 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 road
tunnel area, for routine maintenance or for cleaning.
(2) Save when required by the Commissioner to close or
partially close the road tunnel, the Road Company shall notify the
Commissioner forthwith of any closure unless the Commissioner, by
reason of his having been informed in advance of such closure, has
waived his right to such notification.
51. (1) The Road Company may, with the prior approval of
the Commissioner in writing, use, or permit the use of any part of
the road tunnel area for advertising purposes on such conditions as
to charges and otherwise as may be determined by the Company.
(2) Part IX of the Public Health and Municipal Services
Ordinance shall not apply to the use of any part of the road tunnel
area for advertising purposes.
(3) The Commissioner shall not give his approval under
subsection (1) unless he is satisfied that the safety of persons using or
employed in the road tunnel area, and the passage of vehicles
through the road tunnel, will not be prejudiced by such advertising.
52. (1) The Commissioner may, without payment of tolls or
other charges to the Road Company, enter the road tunnel area at
any time after the road operating date to ascertain whether the Road
Company is-
(a)providing adequate and efficient facilities for the safe and
efficient passage of motor vehicles and the occupants
thereof through the tunnel and for the control and safety
of traffic in the road tunnel area; or
(b)otherwise complying with the provisions of this Ordinance
other than the provisions of Part VII.
(2) The Road Company shall afford the Commissioner such
facilities as he may require for the purposes of subsection (1).
53. (1) The Road Company shall maintain the following
records-
(a)an up to date set of drawings of the construction works,
which shall include all such alterations and additions as
may, from time to time, be made to the construction
works;
(b) the times during which each toll gate is open;
(e)the number of motor vehicles using the road tunnel,
specifying the different classes of such vehicles, their direc-
tion through the road 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 road tunnel, including details as to the nature, location
and times of such employment;
(g)such other records as may be prescribed by regulations
under section 43.
(2) The Road Company shall permit the Commissioner to
inspect, examine and copy all such records and any toll tickets and
accounts kept by it in connexion therewith, and shall afford facilities
for such inspection, examination or copying as may from time to
time be required by the Commissioner.
(3) For the purpose of enabling the Commissioner to ascertain
any arrangements which have been, or are about to be, made by the
Road Company for the fulfilment of its obligations under this Part,
Part IV or IX or any regulations under section 43 the Road Company
shall, at the request of the Commissioner, forthwith furnish him with
information relevant to such fulfilment, including information relating to
the organization of the Road Company, as he may require.
54. (1) Subject to this Ordinance, the Road Company may make by-
laws for all or any of the following matters
(a)order and safety, public health, and the prevention and
abatement of nuisances in the road tunnel area;
(b)the control, restriction and safety of traffic in the road tunnel
area;
(c)the regulation of the speed of traffic using the road tunnel
area;
(d)the regulation of the types, dimensions, condition and
loading of vehicles which may use the road tunnel area;
(e)the regulation of the use by vehicles in the road tunnel area
of lights, horns, sirens and other equipment;
the regulation and prevention of the carriage into or through
the road tunnel area of any offensive, noxious or dangerous
goods;
(g)the collection of tolls in respect of the use of the road 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 road tunnel area 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;
(j)the protection of any property owned or controlled by the
Road Company from damage or injury;
(k)the employment and organization of personnel provided by
the Road Company for the control, restriction and safety of
traffic in the road tunnel area and approach roads;
(1)any other conditions subject to which the road tunnel area
may be used by the public for the passage of motor vehicles;
and
(m)any other matter relating to the control, operation and
management of the road tunnel area which it is necessary or
expedient to provide for.
(2) 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.
(3) All by-laws made under subsection (1) shall be subject to
the approval of the Legislative Council.
(4) Any by-laws made under subsection (1) may provide that a
contravention of specified provisions thereof shall be an offence and
may provide penalties therefor not exceeding a fine of $2,000.
(5) The Road Company shall cause printed copies of all
by-laws made under this section to be kept at the registered office of
the Road Company and to be available for sale at a reasonable
charge to every person applying therefor.
(6) The Legislative Council may by resolution amend the
figure specified in subsection (4).
PART IX
COLLECTION OF TOLLS
55. (1) Subject to this Ordinance, the Road Company may
demand and collect tolls in respect of the passage of motor vehicles
through the road tunnel.
(2) The tolls that may be collected under subsection (1) shall
be those specified in the Schedule.
(3) The tolls specified in the Schedule may be varied-
(a)by agreement between the Governor in Council and the
Road Company; or
(b)in default of agreement by submission of the question of
the variation of tolls to arbitration under the Arbitration
Ordinance by either the Governor in Council or the Road
Company.
(4) On a submission to arbitration under subsection (3), the
arbitrators shall be guided by the need to ensure that the carrying
out by the Road Company of its obligations, or the exercise of its
rights, under this Ordinance is reasonably but not excessively
remunerative to the Road Company, having regard to-
(a)any material change in the economic conditions of Hong
Kong since the enactment of this Ordinance or, as the case
may be, since tolls were last determined under this section;
(b)the dismissal of any appeal by the Road Company made
under section 75;
(c)any material change in any other circumstances affecting
the exercise by the Road Company of its rights under the
franchise granted by section 4(1);
(d)the effect of the introduction of, or alteration in, any tax or
levy imposed on the use of the road tunnel;
(e)the principle that tolls or future rights to tolls should not
be used to finance the construction of the railway works or
to discharge directly or indirectly any obligation imposed
on the Rail Company by this Ordinance; and
any other relevant matter.
(5) Where under subsection (3)-
(a)the Governor in Council and the Road Company agree to
a variation of the tolls; or
(b)in an award pursuant to submission to arbitration it is
determined that the tolls should be varied,
the tolls specified in the Schedule shall be varied in compliance with
such agreement or award, as the case may be.
(6) The Commissioner shall, by notice in the Gazette, as soon
as is practicable after such agreement or award as is referred to in
subsection (5) amend the Schedule.
56. The description of motor vehicles mentioned in the
Schedule shall be interpreted in accordance with the definitions and
classes of motor vehicles mentioned in section 2 of the Road Traffic
Ordinance.
57. (1) The Road Company shall, to the satisfaction of the
Commissioner, cause to be displayed at both ends of the road
tunnel, in conspicuous places, notices stating the toll payable in
respect of each category of motor vehicle.
(2) The Road Company shall cause printed copies of the list of
the tolls currently chargeable by the Road Company to be kept at
the registered office of the Road Company and to be sold at a
reasonable charge to every person applying therefor.
58. The Road Company shall not charge any person a toll
greater than the appropriate toll specified in the Schedule.
59. For the purpose of collecting tolls the Road Company may
erect in the road tunnel area such toll gates, toll houses and other
structures as it considers necessary.
PART X
TRAFFIC OFFENCES: SUPPLEMENTARY PROVISIONS
60. (1) Without prejudice to section 63 of the Road Traffic
Ordinance, where the driver of a motor vehicle is suspected of
having committed an offence against this Ordinance in the road
tunnel area, 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 offence and his relationship (if any) to the driver.
(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-
(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 $4,000 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.
61. If, in any summary proceedings for an offence under this
Ordinance, there is produced to the court a statement which-
(a) purports to have been signed by the accused person;
(b)was furnished in accordance with a notice served on him
under section 60; 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.
62. (1) In any prosecution for an offence against this Ordinance, a
copy of the plan, certified by the Commissioner to be a copy of such
plan, shall be conclusive proof of the road tunnel area.
(2) Any such copy purporting to be certified by the Commissioner
shall be deemed, until the contrary is proved, to have been certified by
him.
63. (1) In this Part-
'driver'*, in relation to any motor vehicle, means any person who is in
charge of or assisting in the control of such vehicle;
'driving licence' means a licence issued in accordance with regulations
made under section 8 of the Road Traffic Ordinance;
'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 Road Company for
the control, restriction and safety of traffic in the road tunnel area.
(2) The powers conferred on a tunnel officer by section 60, other
than the power to make a demand by serving a notice under subsection
(2) of that section, may be exercised only within the road tunnel area.
PART XI
OPERATION OF THE RAILWAY
64. (1) The railway shall be opened to the use of the public on a
day determined by the Chief Secretary and notified by him in the
Gazette.
.(2) The Chief Secretary shall not determine a date for the purposes
of subsection.(1) until
(a)an inspector appointed under section 23A of the Mass
Transit Railway Corporation Ordinance has certified the
railway is fit for use; and
(b) the Director has issued to the Chief Secretary and the Rail
Company a certificate stating that in his opinion the
railway works are fit for use,
and the Chief Secretary shall determine that date as soon as
practicable thereafter.
65. (1) Upon the rail operating date, the railway shall for the
pruposes fo the Mass Transit Railway Coporation Ordinance
become part of the Mass Transit Railway and the provisions of that
Ordinance shall apply to the railway and its operation and the
buildings and structures appurtenant to the railway as if the railway
and those buikdings and structures had been constructed by the
Mass Transit Railway Corporation for the Mass Transit Railway.
(2) Notwithstanding that an inspection for the purposes of
section 64(2)(a) may take place prior to the rail operating date the
provisions of sections 23A, 23B and any relevant regulations under
section 24 of the Mass Transit Railway Corporation Ordinance shall
apply in relation to the inspection and the powers of the inspector
in connexion therewith in the same manner as they would if the
Ordinance was then, by subsection (1), applicable.
66. Subject to this Ordinance and the operating agreement, the
Rail Company may charge the Mass Transit Railway Corporation
for the use of-
(a) the railway works; and
(b) rolling stock and other things (including services), pro-
vided by the Rail Company to the Corporation,
in accordance with the terms of the operating agreement.
PART XII
DEFAULT AND EXPIRATION OF THE FRANCHISES
67. For the purposes of this Part-
(a) the Road Company shall be deemed to be in default if-
(i) it has failed or there is a substantial likelihood of
its failing to complete the construction works within the
period allowed by section 17;
(ii) there has been a substantial faulure by it to dis-
charge its obligstions under the project agreement;
(iii) it has failed or there is a substantial likelihood of its
failing to operate the road tunnel in accordance with this
Ordinance; or
(iv) the guarantors, having been called upon under the
guarantee agreement
(A)fail to respond to such call within a reasonable
period of time; or
(B)are in material breach of any of the provisions of the
guarantee agreement;
(b) the Rail Company shall be deemed to be in default if-
(i) it fails to transfer to the Mass Transit Railway
Corporation the rights granted to it under section 5(1)(b) and
(c) in accordance with section 8; or
(ii) there has been a substantial failure by it to comply with
its obligations under the operating agreement;
(c)the Road Company or the Rail Company, as the case may be,
shall be deemed to be in default if
(i) there has been a substantial failure by it to comply with
any of the provisions of this Ordinance; or
(ii) it commits an act of bankruptcy within the meaning of
section 3 of the Bankruptcy Ordinance; or
1 (iii) it fails to comply with a notice under section 68,
and the expression 'default' shall be construed accordingly.
68. (1) This section shall apply in the case of any default where it
appears to the Secretary that the default is capable of being remedied.
(2) In the case of any default to which this section applies, the
Secretary shall serve
(a) in the case of a default prior to the discharge date, on-
(i) the Road Company;
(ii) the guarantors; and
(iii) any agent nominated under subsection (3); and
(b) in the case of a default on or after the discharge date, on-
(i) the company in default; and
(ii) any agent nominated under subsection (3),
a notice calling upon the company in default, within such time as may
be specified in the notice or such further time as the Secretary may
allow, being a time reasonable in the circumstances to remedy the
default or to take measures or make arrangements to the satisfaction of
the Secretary to ensure that such default is remedied:
Provided that such time shall not be less than 28 days.
(3) Any financier or, where a financier is a member of a consortium
of financiers, that consortium, may, for the purposes of subsection (2),
at any time nominate to the Secretary an agent and specify an address
for service of that agent in Hong Kong.
(4) In this section 'financier' means any person who has provided
credit or agreed to act as surety or guarantor for or otherwise provided
financial support to the Road Company or the Rail Company for the
purposes of the project or to enable either company to carry out its
obligations under this Ordinance, the project agreement or the operating
agreement.
(5) The arrangements referred to in subsection (2) may, without
derogation from the generality of that subsection, include arrangements
for the disposal of the rights of the Road Company or, as the case may
be, the Rail Company under this Ordinance, to another person in
accordance with section 9.
69. (1) If-
(a)the Secretary has reported to the Governor in Council that
there has been a failure to comply with a notice served by him
under section 68(2); or
(b) it appears to the Governor in Council that-
(i) at any time prior to the discharge date, the Road
Company is in default; or
(ii) on or after the discharge date, the Road Company or the
Rail Company is in default,
the Governor in Council may direct the Secretary to serve a notice under
subsection (2).
(2) The notice referred to in subsection (1) shall-
(a)if given in relation to a default arising before the discharge
date, be served on the persons specified in section 68(2)(a);
and
(b)if given in relation to a default arising on or after the discharge
date, be given to the persons specified in section 68(2)(b),
and shall specify whether it is given under subsection (1)(a) or (b) and,
if given under subsection (1)(a), give particulars of the notice referred to
in that subsection and brief particulars of the report of the Secretary
and, if given under subsection (1)(b), specify the nature of the default,
and shall require
(i) the Road Company, in the case of a failure or default specified
in subsection (1) occurring prior to the discharge date; and
(ii)the company concerned, in the case of a failure or default
specified in subsection (1) occurring on or after the discharge
date,
to show cause in writing to the Governor in Council, within 28 days
after the date of the service why he should not exercise his powers
under subsection (4).
(3) Any person upon whom a notice is served under subsection (2)
and any other person who is a shareholder of the company in default or
a financier within the meaning of section 68 may, within the period
specified in subsection (2), or such further period as the Governor in
Council may allow, make representations to the Governor in Council, to
show cause why the Governor in Council should not exercise his
powers under subsection (4).
(4) After considering any representations made under subsection
(3) and if the Governor in Council is of the opinion that insufficient
cause has been shown why the Governor in Council should not exercise
his powers under this section, the Governor in Council may by order
(a)where it appears to the Governor in Council that a notice
should have been served under section 68 and was not, or the
terms of any notice served were unreasonable, direct the
Secretary to serve a notice or, as the case may be, a further
notice, under that section in such terms as the Governor in
Council may determine unless it appears to the Governor in
Council that the default is no longer capable of being
remedied; or
(b) in any other case-
(i) in the case of a default taking place prior to the
discharge date, revoke the franchises granted by Part II;
(ii) in the case of a default taking place on or after the
discharge date
(A)in the case of a default by the Road Company,
revoke the franchise granted by section 4(1); or
(B)in the case of a default by the Rail Company, revoke
the franchise granted by section 5(1),
and such revocation shall take effect from the date specified
in the order.
(5) Where the Governor in Council exercises his powers under
subsection (4)(b) he may further order that the franchise revoked, or
where the franchises of both the Road Company and the Rail Company
are revoked, that the franchise of either or both of those companies, be
regranted to such other person (being a person willing and able to
accept such re-grant) on such terms and conditions, being terms and
conditions consistent with this Ordinance, as he may think fit, and upon
the publication of that order in the Gazette such franchises or franchise
shall vest in such other person and the provisions of this Ordinance
shall apply to such person as being the Road Company or, as the case
may be, Rail Company.
(6) An order made under-
(a)subsection (4)(a) shall be directed to the Secretary and a
copy thereof shall be attached to the Secretary's notice under
section 68(2);
(b) subsection (4)(b) shall be served on-
(i) the Road Company and the guarantors, if given under
sub-paragraph (i) of that subsection;
(ii) the Road Company, if given under sub-paragraph
(ii)(A) of that subsection; or
(iii) the Rail Company, if given under sub-paragraph (ii)(B)
of that subsection,
and shall, as soon as practicable thereafter, be published in the
Gazette.
70. (1) All rights and obligations of both the Road Company and
the Rail Company under this Ordinance shall determine on
(a)the commencement of the voluntary winding up of either
company, otherwise than for the purposes of an assignment in
accordance with section 9, at any time prior to the discharge
date;
(b)the making of a winding up order in respect of either company
prior to the discharge date; and
(c) the revocation of the franchises under section 69(4)(b)(i).
(2) All rights and obligations of the Road Company under this
Ordinance shall determine on
(a)the commencement of the voluntary winding up of the
company, otherwise than for the purposes of an assignment in
accordance with section 9;
(b)the making of a winding up order in respect of the company;
(c)the revocation of the franchise granted by section 4(1) under
section 69(4)(b)(ii)(A);
(d) on the expiration of the period specified in section 4(2).
(3) All rights and obligations of the Rail Company under this
Ordinance shall determine on
(a)the commencement of the voluntary winding up of the
company, otherwise than for the purposes of an assignment
in accordance with section 9;
(b)the making of a winding up order in respect of the company;
(c)the revocation of the franchise granted by section 5(1) under
section 69(4)(b)(ii)(B);
(d) on the expiration of the period specified in section 5(2).
(4) Upon the determination of the rights and obligations of the
Road Company or the Rail Company under this section the assets of
that company shall vest in the Government.
71. (1) On the determination of the rights and obligations of both
the Road Company and the Rail Company under section 70(1), the Road
Company shall thereupon be liable, in addition to the payment of all
other sums due to the Government, to pay
(a)all sums payable under section 20 notwithstanding that
payment of such sums would, but for this paragraph, be
suspended under section 20(2)(a); and
(b) any expenses which may be incurred by the Government-
(i) in putting the sea-bed, any land and any uncompleted
construction works in a satisfactory order to enable the
construction works either to be maintained in a state in which
they can be continued at a future time or abandoned as the
Director may determine, including any costs of land or sea-
bed restoration; and
(ii) in putting the construction works in a safe condition.
(2) On the determination of the rights and obligations of-
(a)the Road Company and the Rail Company under section 70(1);
(b) the Road Company under section 70(2); or
(c) the Rail Company under section 70(3),
the Government shall be liable to pay to the company whose rights and
obligations have been determined in respect of the assets of that
company vesting in the Government under section 70(4) such amount
as may be agreed between the Government and the Road Company or,
as the case may be, the Rail Company, as representing the value of such
assets to the Government at the time of vesting or, in default of such
agreement, such amount as may be determined by arbitration under the
Arbitration Ordinance.
(3) In determining the value for the purposes of subsection (2)
(a)of assets forming part of the railway works, the value of the
assets to the Government shall be deemed to be the value
they would have had to the Mass Transit Railway
Corporation, if these assets had, under section 70(4), vested
in the Corporation;
(b)where the vesting of the assets in the Government is in
consequence of a default, there shall be deducted from what
would, but for this paragraph, be the value of the assets, such
amount as may be agreed or determined in accordance with
the provisions of that subsection for
(i) damages occasioned to the Government by such default
calculated on the basis that the construction works had been,
or are to be, constructed, for the beneficial use of the
Government and that the Government is the franchise holder
under Part 11;
(ii) the costs to the Government of obtaining the forfeiture
of the franchise or franchises under this Part.
(4) No amount shall be payable to the Road Company or the Rail
Company under subsection (2) upon the determination of the rights and
obligations of both the Rail Company and the Road Company under
section 70(1)(c) where the revocation of the franchises was on the
grounds that the Road Company had failed or appeared likely to fail to
complete the construction works within the period allowed by section
17.
72. No compensation shall be payable by the Government to
(a)the, Road Company upon the expiration of the period
specified in section 4(2); or
(b)the Rail Company upon the expiration of the period specified
in section 5(2),
save that the Government shall pay to the Road Company or, as the
case may be, the Rail Company, the reduced value of any machinery,
equipment or plant forming part of the assets (such value being
calculated in accordance with Part VI of the Inland Revenue Ordinance)
purchased by that company with the agreement of the Financial
Secretary within the 5 years next preceding the expiration of the period
of grant and owned by that company on such expiration.
73. Any vesting of the assets of the Road Company or the Rail
Company in the Government under this Part shall not thereby render the
Government liable for any debts of the Road Company or the Rail
Company.
74. In this Part, 'assets' means the structure of the immersed tube,
the railway works and all buildings, machinery, equipment and plant
ancillary to the construction, operation and maintenance of the railway
works and the road tunnel.
PART XIII
SUPPLEMENTARY
75. (1) If the Road Company or the Rail Company is aggrieved by
any decision to which this section applies it may within 14 days of the
notification to it of that decision, or such longer period as the Governor
may allow, appeal against such decision by giving written notice to the
Governor that it appeals against such decision and in that notice
specifying the grounds upon which the appeal is based.
(2) On receipt of a notice of appeal under subsection (1) the
Governor
(a)shall, if the appeal is against any decision of the Director
and the failure of the appeal would result in the company
appealing being held to be in default under Part XII or if it
appears to the Governor that this would be a probable
result of such failure, refer the appeal to arbitration under
the Arbitration Ordinance;
(b)subject to paragraph (a) may, where it appears to him that
the issues raised by the appeal are matters of engineering
practice, questions of the interpretation of the project
agreement or other matters appropriately referred to arbi-
tration, refer the appeal to arbitration under the Arbitra-
tion Ordinance,
and in, any other case, the appeal shall be determined by the
Governor in Council.
(3) On an appeal under this section the Governor may give
such instructions as he thinks fit as to the enforcement of the
decision appealed against pending the determination or abandon-
ment of the appeal but, subject to such instructions, such decision
may, pending such determination or abandonment, be enforced as if
no such appeal had been made.
(4) The decision of the arbitrator or Governor in Council on
an appeal under this section shall be final.
(5) In this section 'decision' means any requirement, deter-
mination or direction made, or the withholding of any consent or
approval (including the refusal to allow time under section 17(3)),
by the Secretary, the Director or the Commissioner under this
Ordinance other than the exercise by the Secretary of his powers
under section 68; and this section shall apply to any such decision.
76. The reclamation of, or other works upon, Crown foreshore
or sea-bed required to be carried out by the Road Company by
section 15 shall be deemed to have been authorized by the Governor
under section 10(1) of the Mass Transit Railway (Land Resumption
and Related Provisions) Ordinance.
77. (1) Nothing in this Ordinance, the project agreement or
the operating agreement shall affect any rights which the Govern-
ment or any servant or agent thereof may have to enter upon any
land affected by the construction works and do anything thereon
which he might have done if those works had not been undertaken
except to the extent that the exercise of such rights is limited by any
express provision of this Ordinance or those agreements or by
necessary implication from their provisions.
(2) Nothing in subsection (1) shall enable the Government, its
servants or agents to exercise any such rights as are referred to in
that subsection in a manner which would derogate from any rights
granted to the Road Company or, as the case may be, the Rail
Company, under this Ordinance.
78. Where under this Ordinance any person becomes liable in any
amount to the Government a certificate purporting to be signed by the
Director as to the amount owing shall be evidence of that amount and,
subject to any provision to the contrary in this Ordinance, the amount
specified in that certificate shall become payable by the person so liable
upon presentation of that certificate to him.
79. Any requirement or direction of the Director or the
Commissioner under this Ordinance may be enforced by the Attorney
General by order of the High Court and in accordance with that order:
Provided that nothing in this section shall derogate from any
powers which the Director may have under this Ordinance to enforce
compliance with such requirement or direction in any other manner.
80. Where this Ordinance confers a discretion or authority upon
the Director he shall, in addition to taking into consideration any
matters which he is by this Ordinance required or permitted to take into
consideration and other proper matters, exercise that discretion or
authority so as to give effect to the terms of the project agreement.
81. No liability shall vest upon the Government or any public
officer by reason of the fact that the construction works are carried out
in accordance with this Ordinance or that the construction works or the
designs, 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 construction works to ascertain that the provisions of this
Ordinance are complied with or that any designs, structural details,
calculations, or other documents, certificates and notices submitted to
him are accurate,
SCHEDULE [ss. 4, 46, 55, 56 58.1
EASTERN HARBOUR CROSSING ROAD TUNNEL TOLLS
Category Vehicle Toll
1 Motorcycles, motor tricycles 5 5
2. Private cars, electrically powered passenger vehicles, taxis $10
3. Public and private light buses $15
4. Light goods vehicles and special purpose vehicles of a permitted
gross vehicle weight not exceeding 5.5 tonnes $15
5. Medium goods vehicles and special purpose vehicles of a
permitted gross vehicle weight of or exceeding 5.5 tonnes but
not exceeding 24 tonnes .......$20
6. Heavy goods vehicles and special purpose vehicles of a permitted
gross vehicle weight of or exceeding 24 tonnes but not exceed-
ing 38 tonnes ....................$30
7...................................Public and private single-decker buses $20
8...................................Public and private double-decker buses $30
9...................................Each additional axle in excess of two $10
Originally 47 of 1986. L.N. 184/86. Short title. Interpretation. (Cap. 270.) (Cap. 341.) Variation of plan. The road franchise. Schedule. The rail franchise. Effect of franchises. Assignment of rail franchise. Transfer of rail operating rights. Prohibition on assignment etc. of franchise rights. Mortgages and charges. Directors of the Road Company. (Cap. 32.) Minimum paid-up share capital. The Government's equity in the Road Company. Tax provisions. (Cap. 112.) (Cap. 112.) Construction works to be carried out at the expense of the Road Company. Start of construction. Period within which works must be completed. Determination of date of completion. Land required for the project. Liability of Road Company in respect of land made available. Authorization under this Part sufficient authority to carry out works. (Cap. 228.) (Cap. 123.) Road Company to submit a construction programme. No works to commence without authority. Road Company to submit designs. Approval and exemption of designs by the Director. Alteration of approved or exempted designs. Approval of methods of constitution. Approval of construction contracts. Minor or incidental works may be carried out without submission of design. Provisions supplementary to sections 22 to 29. Other powers of the Director. Precautions to be taken against the obstruction of shipping or aircraft. Restoration of sea-bed and works area. Diversion of cables, pipes etc. Other obligations of the Road Company. (Cap. 147.) Defects. Repair of immersed tube and road works. Provisions supplementary to sections 36 and 37. Closure of immersed tube. Utilities through the immersed tube. Director may enter tunnel area and works area for certain purposes. Information to be supplied by the Road Company and the Rail Company to the Director. Power to make regulations. Road operating date. Road Company to provide tunnel facilities. Right to use of tunnel facilities. Schedule. Control and safety of tunnel traffic. Application of other laws. (Cap. 374.) Operation of road tunnel area by Government. (Cap. 341.) Closure of road tunnel for safety reasons. Advertising in road tunnel area. (Cap. 132.) Commissioner may enter road tunnel for inspection purposes. Records and information. Power to make by-laws. Road Company to charge approved tolls for use of road tunnel. Schedule. (Cap. 341.) Schedule. Schedule. Description of motor vehicle. Schedule. (Cap. 374.) Display of notices of tolls and sale thereof. Road Company may not charge tolls greater than those as fixed or varied. Schedule. Road Company may erect toll structures, etc. Obligation to give information relating to the driving of vehicles. (Cap. 374.) Proof in summary proceedings of identity of driver. Proof of plan. Definitions and application. (Cap. 374.) Rail operating date. (Cap. 270.) Application of Mass Transit Railway Corporation Ordinance. (Cap. 270.) (Cap. 270.) Rail Company may charge the Mass Transit Railway Corporation for the use of the railway. Default. (Cap. 6.) Defaults capable of remedy. Revocation of the grant. Effect of winding up of the termination of franchises etc. Liability of companies and amount payable by the Government on the vesting in it of their assets. (Cap. 341.) Reimbursement of company upon expiration of grant. (Cap. 112.) Government not liable for Road or Rail Company's debts. Meaning of 'assets'. Appeal by the Road Company or the Rail Company. (Cap. 341.) (Cap. 341.) Foreshore reclamations deemed to be authorized. (Cap. 276.) Non-derogation from Government's rights. Certificate as to moneys owing to the Government. Enforcement of requirement and directions. Director to give effect to the project agreement. Limitation of public liability.
Abstract
Originally 47 of 1986. L.N. 184/86. Short title. Interpretation. (Cap. 270.) (Cap. 341.) Variation of plan. The road franchise. Schedule. The rail franchise. Effect of franchises. Assignment of rail franchise. Transfer of rail operating rights. Prohibition on assignment etc. of franchise rights. Mortgages and charges. Directors of the Road Company. (Cap. 32.) Minimum paid-up share capital. The Government's equity in the Road Company. Tax provisions. (Cap. 112.) (Cap. 112.) Construction works to be carried out at the expense of the Road Company. Start of construction. Period within which works must be completed. Determination of date of completion. Land required for the project. Liability of Road Company in respect of land made available. Authorization under this Part sufficient authority to carry out works. (Cap. 228.) (Cap. 123.) Road Company to submit a construction programme. No works to commence without authority. Road Company to submit designs. Approval and exemption of designs by the Director. Alteration of approved or exempted designs. Approval of methods of constitution. Approval of construction contracts. Minor or incidental works may be carried out without submission of design. Provisions supplementary to sections 22 to 29. Other powers of the Director. Precautions to be taken against the obstruction of shipping or aircraft. Restoration of sea-bed and works area. Diversion of cables, pipes etc. Other obligations of the Road Company. (Cap. 147.) Defects. Repair of immersed tube and road works. Provisions supplementary to sections 36 and 37. Closure of immersed tube. Utilities through the immersed tube. Director may enter tunnel area and works area for certain purposes. Information to be supplied by the Road Company and the Rail Company to the Director. Power to make regulations. Road operating date. Road Company to provide tunnel facilities. Right to use of tunnel facilities. Schedule. Control and safety of tunnel traffic. Application of other laws. (Cap. 374.) Operation of road tunnel area by Government. (Cap. 341.) Closure of road tunnel for safety reasons. Advertising in road tunnel area. (Cap. 132.) Commissioner may enter road tunnel for inspection purposes. Records and information. Power to make by-laws. Road Company to charge approved tolls for use of road tunnel. Schedule. (Cap. 341.) Schedule. Schedule. Description of motor vehicle. Schedule. (Cap. 374.) Display of notices of tolls and sale thereof. Road Company may not charge tolls greater than those as fixed or varied. Schedule. Road Company may erect toll structures, etc. Obligation to give information relating to the driving of vehicles. (Cap. 374.) Proof in summary proceedings of identity of driver. Proof of plan. Definitions and application. (Cap. 374.) Rail operating date. (Cap. 270.) Application of Mass Transit Railway Corporation Ordinance. (Cap. 270.) (Cap. 270.) Rail Company may charge the Mass Transit Railway Corporation for the use of the railway. Default. (Cap. 6.) Defaults capable of remedy. Revocation of the grant. Effect of winding up of the termination of franchises etc. Liability of companies and amount payable by the Government on the vesting in it of their assets. (Cap. 341.) Reimbursement of company upon expiration of grant. (Cap. 112.) Government not liable for Road or Rail Company's debts. Meaning of 'assets'. Appeal by the Road Company or the Rail Company. (Cap. 341.) (Cap. 341.) Foreshore reclamations deemed to be authorized. (Cap. 276.) Non-derogation from Government's rights. Certificate as to moneys owing to the Government. Enforcement of requirement and directions. Director to give effect to the project agreement. Limitation of public liability.
Identifier
https://oelawhk.lib.hku.hk/items/show/2881
Edition
1964
Volume
v14
Subsequent Cap No.
215
Number of Pages
44
Files
Collection
Historical Laws of Hong Kong Online
Citation
“EASTERN HARBOUR CROSSING ORDINANCE,” Historical Laws of Hong Kong Online, accessed April 30, 2025, https://oelawhk.lib.hku.hk/items/show/2881.
