ROAD TUNNELS (GOVERNMENT) ORDINANCE

ROAD TUNNELS (GOVERNMENT) ORDINANCE

LAWS OF HONG KONG

ROAD TUNNELS (GOVERNMENT) ORDINANCE

CHAPTER 368





CHAPTER 368

ROAD TUNNELS (GOVERNMENT) ORDINANCE

ARRANGEMENT OF SECTIONS

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

1. Short title ............................ ... ... ... ... ... ... ... ... 2
2. Interpretation.......................... ... ... ... ... 1 . ... ... ... 2
3. Application ............................ ... ... ... ... ... ... ... ... '2

4. A tunnel is a public place ................ ... ... ... ... ... ... ... 2

5. Application of Road Traffic Ordinance ..... ... ... ... ... ... ... ... 3

6. Tunnel boundaries and plans ............... ... ... ... ... ... ... ... 3

7. Certification and deposit of plans ........ ... ... ... ... ... ... ... 3

8. Proof of plans ............................ ... ... ... ... ... ... ... 3

9. Authority may delegate powers .......... ... ... ... ... ... ... ... ... 3

10...........................Power of Authority to appoint authorized officers ... ... ... ... ... ... 3

11..................Powers of authorized officers ... ... ... ... ... ... ... ... ... ... 3

12.................................Obligation to give information relating to the driving of vehicles ... ... ... 4

13...........False particulars ......... ..... ... ... ... ... ... ... ... ... ... 5

14................Proof of identity of driver ... ... ... ... ... ... ... ... ... ... ... 5

15....................Vehicles etc. causing obstruction ... ... ... ... ... ... ... ... ... 5

16..................Disposal of abandoned vehicles ... ... ... ... ... ... ... ... ... ... 5

17....................Obstruction of authorized officers ... ... .... ... ... ... ... ... ... 6

18......................Installation of pipes or cables in tunnel ... ... ... ... ... ... ... ... 6
19. Penalties for offences 7

20. Regulations 7
Schedule........................................ ... ... ... ... ... 8





CHAPTER 368

ROAD TUNNELS (GOVERNMENT)

To provide for the control and regulation ol' vehicular and pedestrian
traffic in road tunnels managed by the Government.

[ 15 February 1982.1

1. This Ordinance may be cited as the Road Tunnels (Government)
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Authority' means the Commissioner for Transport;

'authorized officer' means a public officer authorized by the Authority
under section 10;

'dangerous goods' means dangerous goods as defined in section 2 of
the Dangerous Goods Ordinance;


'Director' means the Director of Lands (Amended, L.N. 76/82)

'driver' means, in relation to any vehicle, any person who is in charge
of or assisting in the control of it;

-driving licence' means a driving licence issued under the Road Traffic
Ordinance;

'owner' includes the person in whose name a vehicle is registered and
the person by whom a 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
the agreement;

'register' means registered under the Road Traffic Ordinance;

'registered' means registered as owner of a vehicle under the Road
Traffic Ordinance;

'tunnel' includes the area adjacent thereto described on a plan
deposited under section 7;

'vehicle' means any vehicle, whether or not mechanically propelled,
which is constructed or adapted for use on roads but does not
include a tram.

3. (1) This Ordinance shall apply to the tunnels named in the
Schedule.

(2) The Governor may amend the Schedule by notice in the

Gazette.

4. For the purposes of liability for a contravention of any
Ordinance, a tunnel shall be a public place.





5. Unless the contrary intention appears from this Ordinance, the
Road Traffic Ordinance shall apply to a tunnel as if a tunnel were a road
within the meaning of that Ordinance.

6. (1) The Authority shall determine the boundaries of a tunnel
and the Director shall delineate the boundaries on a plan.

(2) The Authority in consultation with the Director may vary the
boundaries of a tunnel.

(3) Where the boundaries of a tunnel are varied under subsection
(2), the Director shall prepare a plan delineating the boundaries.

7. (1) A plan prepared under section 6 shall be numbered, dated,
signed and certified by the Director as being a plan of the tunnel to
which such plan relates and shall be deposited by the Authority in the
Land Office.

(2) The Authority shall cause notification of the deposit of a plan
under subsection(1) to be published in the Gazette.

8. (1) In any proceedings before a court, a copy of a plan prepared
under section 6, certified by the Director to be a copy of the plan, shall
be conclusive proof of the area comprising that tunnel.

(2) Any plan purporting to be certified by the Director under
subsection (i) shall be admitted without further proof and shall be
presumed, until the contrary is proved, to have been certified by him.

9. The Authority may in writing delegate any other public officer to
exercise the powers and perform the duties conferred or imposed on him
by this Ordinance.

10. The Authority may in writing appoint any public officer to be
an authorized officer for the purposes of this Ordinance.

11. (1) An authorized officer may at any tunnel-

(a) for the purpose of regulating traffic;

(b)for the purpose of preventing or detecting the commission of
an offence against this Ordinance or the Road Traffic
Ordinance; or

(c) if he reasonably suspects that the driver of a vehicle-

(i) has committed an offence against this Ordinance or the
Road Traffic Ordinance; or

(ii) has been involved in an accident at a tunnel,

exercise any of the powers specified in subsection (2).

(2) For the purposes of subsection (1), an authorized officer may





(a) order, direct or signal the driver of a vehicle-

(i) to stop the vehicle forthwith; or

(ii) to proceed to any place at the tunnel so ordered,
directed or signalled and to stop thereat;

(b)require any person to give his name and address and to
produce any document in his possession which is or contains
evidence of his name and address;

(e) require the driver of a vehicle-

(i) to produce his driving licence for examination;

(ii) to give the name and address of the registered owner of
the vehicle;

(d)enter, examine and search a vehicle and any thing therein or
thereon;

(e)detain, if necessary by the use of reasonable force, a driver or
a vehicle, or both, until they can be delivered into the custody
of a police officer.

(3) Any person who fails to comply with an order, direction or
signal given under subsection (2)(a), or any requirement made under
subsection (2)(c), commits an offence.

12. (1) Without prejudice to section 63 of the Road Traffic
Ordinance, where the driver of a vehicle is suspected of having
committed an offence against this Ordinance or the Road Traffic
Ordinance at any tunnel, 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 an authorized
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. (Amended,
75 of 1982, s. 114)

(2) A demand under subsection (1) may be made orally or by
means of a noti~e 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
authorized 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 subsection (1)
to a specified authorized 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 an
authorized 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) commits an offence.

(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.

13. Any person who knowingly makes a false statement in
supplying particulars required under section 11 or 12 or who omits any
material particular required under either of such sections commits an
offence.

14. If, in a prosecution 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 12(2); and

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

the court shall admit the statement as priniaf~icie evidence that the
accused person was the driver of the vehicle at the time of the offence.

15. If any vehicle or thing is causing an obstruction at any tunnel
or is otherwise likely to render the use of the tunnel unsafe the
Authority may at the risk and expense of the owner of such vehicle or
thing take all reasonable steps to remove it or cause it to be removed to
any place, including any road, that the Authority may think fit and
where necessary in the opinion of the Authority, may provide for the
safe custody thereof.

16. (1) Where any vehicle has been permitted to remain stationary
at any tunnel in such a position or in such condition or in such
circumstances that there is reasonable cause to believe that the vehicle
has been abandoned an authorized officer may cause a notice to be
given, requiring the person in whose name the vehicle is registered to
remove it or cause it to be removed.





(2) A notice under subsection (1) shall be addressed to the person
in whose name the vehicle is registered and shall be given

(a)by sending it to him by; registered post at the address shown
on the register: or

(b) by affixing *rig it to the vehicle.

(3) The notice shall-

(a)require the person in whose name the vehicle is registered to
move or cause it to be moved to a place which is not on any
road

(i) if the notice is sent by registered post, within 7 days of
its service on him; or

(ii) if the notice is affixed to t he vehicle, within 7 days of
the date on which it is so affixed, and

(b) state that-

(i) unless the vehicle is removed within the time so stated.
the vehicle will be seized by the Authority and removed to a
place specified in the notice, and

(ii) if the vehicle is not claimed within a period of 14 days
from the date of seizure. it will become the property of the
Crown.

(4) If the vehicle is not removed as required by a notice given
under subsection (1) an authorized officer may seize it and may take all
reasonable steps to remove it or cause it to be removed to the place
specified in the notice.

(5) If a vehicle which is seized and removed under subsection (4) is
not claimed within the period specified in the notice given under
subsection (1). it shall become the property of the Crown and may be
sold or otherwise disposed of as the Authority thinks fit.

(6) For the purposes of this section -vehicle- includes any load
carried by a vehicle.

17. Any person who obstructs an authorized officer in the exercise
of the powers conferred on him by this Ordinance commits an offence.

18. (1) Notwithstanding the provisions of any other Ordinance, no
person shall place any pipe, conduit or cable in any tunnel without the
prior consent in writing of the Authority.

(2) The Authority shall consult the Director before giving any
consent under subsection (1).

(3) A consent given under subsection (1) shall be subject to the
payment of such charges and to such conditions, as the Authority may
impose.





19. Any person who commits an offence under section 11(3), 12(5),
13 or 17 is liable to a fine of $5,000 and to imprisonment for 6 months.

20. (1) The Governor in Council may by regulation provide for

(a)the classification, design, colour, erection, placing, operation,
maintenance, alteration and removing of permanent, temporary
and variable traffic signs and road markings at a tunnel;

(b)prohibiting, controlling and restricting vehicular and
pedestrian movements by or in relation to traffic signs or road
markings at a tunnel;

(e)prohibiting, controlling, restricting, directing or advising
traffic both vehicular and pedestrian and passengers
conveyed upon vehicular traffic at a tunnel;

(d)controlling and regulating the manner of driving and the use
of vehicles and the equipment and apparatus pertaining
thereto at a tunnel;

(e)controlling and regulating the use of a tunnel and in particular
prohibiting either absolutely or during specified hours

(i) the driving of any specified type or class of vehicle; and

(ii) the manner in which a motor vehicle of any type or class
may be used;

the imposing of maximum or minimum speed limits on the road
at a tunnel for any vehicle or class of vehicles:

(g)the towing of or drawing of vehicles by motor vehicles at a
tunnel;

(h)controlling the manner of loading vehicles and securing of
loads on vehicles at a tunnel;

(i)the maximum weight to be transmitted to the road at a tunnel
by a vehicle of any class or by any part or parts of such a
vehicle in contact with the road;

controlling the manner in which passengers may be carried in
vehicles at a tunnel and the number of passengers which may
be carried therein;

(k) the controlling and restricting of animals in a tunnel;

(1) the total or partial closure of a tunnel,

(m) the tolls payable for the use of a tunnel;

(n) the escort of vehicles through a tunnel;





(o)the control, prohibition and restriction upon the painting or affixing
of any poster. placard. bill, advertisement or other matter in a
tunnel.

(p)the exemption of vehicles or any class thereof from the operation of
any regulation whether by permit or otherwise and in the case of the
issue of a permit, the fees payable for such issue:

(q)the fees payable for the removal of a vehicle or thing under section
15, and

(r)generally carrying into effect the provisions of this Ordinance
relating to the regulation of traffic.

(2) Any regulation made under this section may provide that a
contravention thereof shall he an offence and may provide penalties for such
offence not exceeding a fine of $5,000 and imprisonment for 6 months.

SCHEDULE [s. 3.]


Aberdeen Tunnel

Airport Tunnel incl.

Lion RoCK Tunnel.
Originally 48 of 1981. L.N. 76/82. 75 of 1982. L.N. 40/82. Short title. Interpretation. (Cap. 295.) (Cap. 374.) Application. Schedule. A tunnel is a public place. Application of Road Traffic Ordinance. (Cap. 374.) Tunnel boundaries and plans. Certification and deposit of plans. Proof of plans. Authority may delegate powers. Power of Authority to appoint authorized officers. Powers of authorized officers. (Cap. 374.) Obligation to give information relating to the driving of vehicles. (Cap. 374.) False particulars. Proof of identity of driver. Vehicles etc. causing obstruction. Disposal of abandoned vehicles. Obstruction of authorized officers. Installation of pipes or cables in tunnel. Penalties for offences. Regulations.

Originally 48 of 1981. L.N. 76/82. 75 of 1982. L.N. 40/82. Short title. Interpretation. (Cap. 295.) (Cap. 374.) Application. Schedule. A tunnel is a public place. Application of Road Traffic Ordinance. (Cap. 374.) Tunnel boundaries and plans. Certification and deposit of plans. Proof of plans. Authority may delegate powers. Power of Authority to appoint authorized officers. Powers of authorized officers. (Cap. 374.) Obligation to give information relating to the driving of vehicles. (Cap. 374.) False particulars. Proof of identity of driver. Vehicles etc. causing obstruction. Disposal of abandoned vehicles. Obstruction of authorized officers. Installation of pipes or cables in tunnel. Penalties for offences. Regulations.

https://oelawhk.lib.hku.hk/items/show/3371

1964

v23

368

9