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An Ordinance to grant and regulate a franchise for the operation of a Cable Car System linking Tung Chung and Ngong Ping on Lantau Island, to grant ancillary rights, to provide for the payment of royalty, and to provide for related matters. [24 December 2003] L.N. 252 of 2003 (Originally 20 of 2003) Cap 577 s 1 Short title PART 1 PRELIMINARY (1) This Ordinance may be cited as the Tung Chung Cable Car Ordinance. (2) (Omitted as spent) Cap 577 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "aerial ropeway" (架空缆车索道) means an aerial ropeway as defined in section 2 of the Aerial Ropeways (Safety) Ordinance (Cap 211); "arbitration" (仲裁) means domestic arbitration under Part II of the Arbitration Ordinance (Cap 341); "Cable Car System" (吊车系统) means an aerial ropeway system linking Tung Chung and Ngong Ping on Lantau Island, including but not limited to- (a) the Tung Chung Terminal and the Ngong Ping Terminal; (b) one or more angle stations; (c) buildings, pylons and other auxiliary structures; (d) ancillary plant and related construction works;"Cable Car System area" (吊车系统区) means the land required for the Cable Car System as listed in paragraphs (a) to (d) of the definition of "Cable Car System" and delineated and coloured pink on the plan deposited in the Land Registry under section 3; "commercial GFA" (商用总楼面面积), in relation to a terminal, means the gross floor area for or ancillary to commercial use, as specified in the Project Agreement; "Company" (吊车公司) means the Company designated by the Secretary for the purposes of this Ordinance under subsection (2), or a person to whom the franchise is assigned under section 5, or a body corporate designated under section 27(7); "construction works" (建造工程) means all construction works carried out or to be carried out by the Company under the Project Agreement; "Director" (署长) means the Director of Lands; "discharge date" (解除责任日期) means the date referred to in the guarantee agreement, if any, as being the discharge date of the guarantee; "fare-paying passenger" (付费乘客) means a person who rides on the Cable Car System in return for payment, made in any form, at any time, at any place and by any person; "financier" (出资人) means a person, not being a shareholder of the Company or a guarantor as defined in this section, who has provided credit (other than credit provided in the course of sale of goods or provision of services) or agreed to act as a surety or guarantor for or provided financial support to the Company for the purposes of the Project or to enable the Company to discharge its obligations under this Ordinance or the Project Agreement; "franchise" (专营权) means the franchise granted by section 4; "franchise period" (专营期) means the period commencing on a date specified in the Project Agreement and ending on the 30th anniversary of that date or on a later date by virtue of section 4(3); "guarantee agreement" (保证协议) means the agreement, if any, designated as the guarantee agreement for the purposes of this Ordinance by the Secretary under subsection (3); "guarantor" (保证人) means a person who for the time being has undertaken the obligations of a guarantor under the guarantee agreement, if any; "level 2" (第2级) and "level 3" (第3级) mean respectively level 2 and level 3 in Schedule 8 to the Criminal Procedure Ordinance (Cap 221); "MTR Corporation Limited" (地铁有限公司) means the company incorporated under that name under the Companies Ordinance (Cap 32); "Ngong Ping Terminal" (昂坪终点站) means the aerial ropeway terminal situated at Ngong Ping on Lantau Island, and includes the terminal building, a car park, the commercial GFA and related ancillary facilities, as delineated on the plan deposited in the Land Registry under section 3; "occupy" (占用), in relation to any land, includes use, be in possession of, enjoy, erect or maintain a structure on or over, or place or maintain anything on the land; "owner" (拥有人), in relation to any land to which Part 4 applies, means- (a) a person registered or entitled to be registered in the Land Registry as owner of the land; and (b) a person who has any estate, right or interest in the land;"Project" (工程项目) means- (a) the financing, design, construction, installation, testing, commissioning, operation, management and maintenance of the Cable Car System; and (b) any other work carried out in relation to the Cable Car System, whether before or after the commencement of the Project Agreement;"Project Agreement" (工程项目协议) means- (a) an agreement between the Company and the Government designated as the Project Agreement for the purposes of this Ordinance by the Secretary by notice published in the Gazette; and (b) any later agreement which amends or supplements that agreement or, consistently with this Ordinance, disposes of rights or obligations under it to any other person;"route" (路线) means the alignment of the aerial ropeway of the Cable Car System; |