【法规名称】
【法规编号】 61620 什么是编号？
【正 文】
第2页 CAP 577 TUNG CHUNG CABLE CAR ORDINANCE
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[接上页] "route projection area" (路线投射区) means the area delineated and coloured yellow on the plan deposited in the Land Registry under section 3; "Secretary" (局长) means the Secretary for Economic Development and Labour; "terminal" (终点站) means the Tung Chung Terminal or the Ngong Ping Terminal; "Tung Chung Terminal" (东涌终点站) means the aerial ropeway terminal situated at Tung Chung town centre, and includes the terminal building, a transport interchange, a footbridge, a vehicle park, the commercial GFA and related ancillary facilities, as delineated on the plan deposited in the Land Registry under section 3; "utility" (公用设施) means any of the following- (a) telecommunications apparatus; (b) an electric power cable, telephone cable or other cable used in communication; (c) a pipe used for the supply of water, gas or oil, or for drainage or sewerage; (d) a duct for any such cable or pipe; (e) apparatus or works ancillary to any of the foregoing.(2) Subject to subsection (3), the Secretary may by notice published in the Gazette designate a Company for the purposes of this Ordinance, which shall be either the MTR Corporation Limited or a wholly-owned subsidiary of the MTR Corporation Limited. (3) If the Secretary designates as the Company under subsection (2) a wholly-owned subsidiary of the MTR Corporation Limited, the Secretary shall- (a) by notice published in the Gazette designate a guarantee agreement for the purposes of this Ordinance; (b) ensure that guarantors acceptable to the Secretary have entered into the guarantee agreement; (c) by order amend Schedule 1 to the Prevention of Bribery Ordinance (Cap 201) so as to include in that Schedule the wholly-owned subsidiary.(4) A reference in this Ordinance to the Secretary or the Director, in relation to any power, duty or function conferred on, imposed on or assigned to the Secretary or Director, as the case may be, includes a reference to any public officer or other person whom the Secretary or Director respectively authorizes to exercise, discharge or perform the power, duty or function. (5) A power or function conferred on or assigned to the Chief Executive in Council by this Ordinance may be exercised or performed by the Chief Executive acting in his or her discretion if the Chief Executive is of the opinion that the power needs to be exercised or the function to be performed in an emergency situation. (6) For the purposes of this Ordinance, a body corporate shall be deemed to be the wholly-owned subsidiary of another if it has no members except that other and that other's wholly-owned subsidiaries and its or their nominees. Cap 577 s 3 Plan of Cable Car System area and route projection area (1) The Secretary shall, before the Project Agreement enters into force- (a) prepare a plan delineating the location, extent and boundaries of- (i) the Cable Car System area; (ii) the route projection area; (iii) the Ngong Ping Terminal; and (iv) the Tung Chung Terminal;(b) assign a number to the plan, and sign and date it; (c) deposit the plan in the Land Registry; and (d) as soon as practicable thereafter, publish a notice in the Gazette that the plan has been deposited.(2) The Secretary may, with the agreement of the Company, vary the boundaries of the Cable Car System area or the route projection area if the design, construction, operation, maintenance or safety requirements of the Cable Car System reasonably so require. (3) If a variation is agreed under subsection (2)- (a) the Secretary shall as soon as practicable deposit the plan as varied in the Land Registry and publish a notice in the Gazette to that effect; (b) the plan as varied supersedes the original plan, or any previous variation of it. Cap 577 s 4 Grant of franchise PART 2 THE FRANCHISE (1) The Company shall have the franchise to- (a) design, construct and complete the construction works; (b) install, test and commission the Cable Car System; (c) operate, manage and maintain the Cable Car System during the franchise period; (d) determine and collect fares for the use of the Cable Car System by the public during the franchise period,in accordance with the Project Agreement. (2) Subject to subsection (3), the franchise is granted for a period of 30 years commencing on a date specified in the Project Agreement. (3) If there is delay in the completion of the construction works or the commencement of service of the Cable Car System as a result of- (a) the Government failing to give possession of land for the Project in accordance with the Project Agreement; or (b) the water supply system and sewerage system at Ngong Ping on Lantau Island not becoming operational in accordance with the timetable in the Project Agreement,the Secretary shall extend the franchise period by an equal period of time. (4) If there is an extension of the franchise period under subsection (3), the Secretary shall publish a notice in the Gazette to that effect as soon as reasonably practicable. |
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