【法规名称】
【法规编号】 61620 什么是编号？
【正 文】
第10页 CAP 577 TUNG CHUNG CABLE CAR ORDINANCE
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[接上页] (a) the amount, if any, payable by the Company to the Government under subsection (1) or (4); or (b) the amount, if any, payable by the Government to the Company under subsection (5),if not resolved by mutual agreement or mediation, is to be resolved by arbitration as provided for in the Project Agreement. Cap 577 s 30 Consequences of expiry of franchise period Upon the termination of the franchise by expiry of the franchise period, no compensation is payable by the Government to the Company except for the residual value, calculated in accordance with the Project Agreement, of any thing which- (a) forms part of the assets purchased by the Company; (b) was purchased with the agreement of the Financial Secretary within the 5 years immediately preceding the expiry of the franchise period; and (c) is owned by the Company on the expiry date. Cap 577 s 31 Government not liable for Company's debts The vesting of the assets of the Company in the Government under this Part does not make the Government liable for any debts of the Company. Cap 577 s 32 Meaning of "assets" In this Part- "assets" (资产) means- (a) the Cable Car System; (b) all buildings, machinery, plant and equipment which form part of the Cable Car System or are ancillary to the construction, operation and maintenance of the System; and (c) spare parts and special tools as defined in the Project Agreement. Cap 577 s 33 Arbitration PART 8 MISCELLANEOUS (1) Any dispute between the Company and the Government regarding- (a) a default decision; or (b) the operation of the Project Agreement,if not resolved by mutual agreement or mediation, is to be resolved by arbitration as provided for in the Project Agreement. (2) In this section, "default decision" (失责行为决定) means a decision that the Company is in default in terms of section 24, but does not include- (a) a decision relating to the application of the Aerial Ropeways (Safety) Ordinance (Cap 211) or of regulations made or codes of practice issued under it; (b) a decision relating to the safety of the Cable Car System generally; (c) a decision of the Secretary to serve a notice to remedy a default under section 25.(3) This section is in addition to the provisions for arbitration in sections 19(13) and 29(7). Cap 577 s 34 Directions by Chief Executive in Council (1) If the Company gives notice of its intention to commence arbitration proceedings concerning a decision in respect of which arbitration is available under this Ordinance or the Project Agreement, it may, within 28 days beginning on the date on which it gives the notice, apply to the Chief Executive in Council in writing to issue directions as described in subsection (2). (2) On an application under subsection (1) in respect of a decision, the Chief Executive in Council may issue directions with regard to the enforcement of the decision pending the determination or abandonment of the arbitration proceedings. (3) A decision which has been referred to the Chief Executive in Council under subsection (1) may be enforced pending the determination or abandonment of the arbitration proceedings, but subject to directions issued under subsection (2). Cap 577 s 35 Certificate as to moneys owing to Government A certificate duly signed by or on behalf of the Financial Secretary as to the amount of money owing to the Government by any person under this Ordinance is sufficient evidence of that amount. Cap 577 s 36 Non-derogation from Government's rights (1) Nothing in this Ordinance or the Project Agreement affects the rights of the Government, its servants or agents, to enter on any land affected by the construction works or to do anything which it or they 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 the Project Agreement or by necessary implication from those provisions. (2) Subsection (1) does not entitle the Government, its servants or agents, to exercise any rights referred to in that subsection in a manner which would derogate from any rights granted to the Company under this Ordinance or the Project Agreement. Cap 577 s 37 Limitation of liability (1) No liability is incurred by the Government or any public officer by reason only of the fact that- (a) the construction works are carried out in accordance with this Ordinance and the Project Agreement; (b) the construction works are subject to the inspection or approval of a public officer under this or any other Ordinance.(2) A breach of a duty imposed on the Company by this Ordinance does not give rise to any civil liability, but the Company remains liable for negligence or any other cause of action which arises independently of such a breach, whether or not in the circumstances there might also be such a breach. Cap 577 s 38 Offence to obstruct Company A person who wilfully and without reasonable excuse obstructs or interferes with the lawful exercise by the Company or its officers, servants or authorized persons of the rights exercisable by the Company under this Ordinance commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months. Cap 577 s 39 (Omitted as spent) PART 9 CONSEQUENTIAL AMENDMENTS (Omitted as spent) Cap 577 SCHEDULE [section 16] ROYALTY 1. The royalty payable by the Company to the Government is $1.00 for every single or return journey taken on the Cable Car System by a fare-paying passenger. 2. For the purpose of section 1, 2 one-way trips comprising a round trip constitute 2 single journeys. 3. The royalty is payable every 6 months in arrears, in accordance with the Project Agreement. 4. The royalty remains payable until termination of the franchise under section 28 of the Ordinance. |
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