【法规名称】
【法规编号】 61620 什么是编号？
【正 文】
第3页 CAP 577 TUNG CHUNG CABLE CAR ORDINANCE
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[接上页] Cap 577 s 5 Assignment or other disposal of rights and obligations (1) The Company shall not assign, subgrant, underlet, mortgage, charge, allow a lien to arise on or otherwise dispose of any of its rights or obligations under the Project Agreement or this Ordinance, or enter into any agreement for such disposal, except with the prior consent of the Chief Executive in Council and in accordance with the terms of such consent. (2) The consent required under subsection (1) shall not be unreasonably withheld and shall not be withheld if the Chief Executive in Council is satisfied- (a) that such disposal is necessary or desirable to give effect to any arrangements for the purpose of complying with a notice to remedy a default served under section 25; (b) that the arrangements are adequate for that purpose; and (c) that the person to whom the rights or obligations are to be disposed is a person in whom such rights or obligations may properly be vested or to whom such rights or obligations may properly be transferred, consistently with subsection (4)(a).(3) If the Chief Executive in Council consents to a disposal of rights or obligations under subsection (1), the Secretary shall, as soon as practicable, publish a notice in the Gazette of the date of the intended disposal, the nature of the disposal, and the name and address of the person to whom the rights or obligations will be disposed. (4) If the disposal pursuant to subsection (1) amounts to an assignment of the franchise- (a) it must be to a body corporate; and (b) Schedule 1 to the Prevention of Bribery Ordinance (Cap 201) is deemed to be amended- (i) to remove the Company which is disposing of its rights and obligations (unless it is the MTR Corporation Limited); and (ii) to include the body corporate to which the franchise is assigned. Cap 577 s 6 Right to occupy Cable Car System area PART 3 USE AND OCCUPATION OF LAND The Company shall have the right during the franchise period to occupy the Cable Car System area, in accordance with the terms and conditions of the Project Agreement and subject to any rights excepted and reserved to the Government by that Agreement. Cap 577 s 7 Wayleaves (1) The Company shall have during the franchise period all wayleaves and other rights over unleased land that are necessary to render the franchise effective. (2) In this section, "unleased land" (未批租土地) has the same meaning as in section 2 of the Land (Miscellaneous Provisions) Ordinance (Cap 28). Cap 577 s 8 Right to occupy commercial GFA and to operate vehicle parking facilities The Company shall have the right during the franchise period to- (a) use and occupy the commercial GFA of the Tung Chung Terminal and of the Ngong Ping Terminal consistently with this Ordinance; (b) grant licences for the use and occupation of the commercial GFA of each terminal consistent with this Ordinance; (c) demand and collect fees for such licences; (d) operate vehicle parking facilities at each terminal and demand and collect fees for the use of such facilities; and (e) charge management fees,in accordance with the Project Agreement. Cap 577 s 9 Reservation of rights (1) This Ordinance does not confer on the Company any title, right or interest in any land except as specified in sections 6, 7 and 8 and under Part 4. (2) Except as otherwise provided in this Ordinance, the Land (Miscellaneous Provisions) Ordinance (Cap 28) does not apply to the Cable Car System area. Cap 577 s 10 Statutory easements PART 4 EASEMENTS AND MISCELLANEOUS LAND MATTERS (1) Upon the commencement of the franchise period, the following easements are created in favour of the Company in respect of the land comprised in the route projection area- (a) the right to place, operate, replace, maintain and retain one or more aerial ropeways above ground level across the land; (b) the right to carry out works required for the purposes of paragraph (a) and otherwise in connection with the Cable Car System; (c) the right to enter on and pass over the land with persons, vehicles or equipment, and to carry out any acts, necessary for or incidental to the exercise of the rights conferred by paragraphs (a) and (b).(2) The Company shall not place, construct, erect or retain any permanent structure, pole, mast or pylon on, over or under the land. (3) The easements created by this section are of full force and effect against all persons having any estate, right or interest in the land, without any consent, grant or conveyance. (4) The ownership of any thing is not altered by reason only that it is placed on, erected on or affixed to any land in exercise of rights and powers arising from or incidental to an easement created by subsection (1). (5) If, pursuant to an easement created by subsection (1), a person proposes to enter on land which is occupied, the person shall give the owner and occupier of the land at least 28 days' notice of the intention to do so. (6) In this section, "land" (土地) does not include unleased land as defined in section 2 of the Land (Miscellaneous Provisions) Ordinance (Cap 28). |
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