【法规名称】
【法规编号】 61620 什么是编号？
【正 文】
第6页 CAP 577 TUNG CHUNG CABLE CAR ORDINANCE
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[接上页] (3) Before disclosing to any person outside the Government any information obtained pursuant to subsection (1), the Financial Secretary shall inform the Company of the intention to do so. Cap 577 s 18 Tax status of the Company For the purpose of Part VI of the Inland Revenue Ordinance (Cap 112), the Company is deemed to be the owner of the Cable Car System for as long as the Company holds the franchise. Cap 577 s 19 Financial penalties (1) Subject to subsection (2), if the Company persistently fails to comply with any requirement of this Ordinance or is in substantial breach of the Project Agreement, the Secretary may initiate the procedure set out in this section for imposing a financial penalty on the Company. (2) As the first step in the procedure, the Secretary shall notify the Company of the failure or breach, as the case may be, and, if it is capable of being remedied, give the Company a reasonable opportunity to comply with the requirement or remedy the breach. (3) If the Secretary considers that a financial penalty ought to be imposed (because the failure or breach is not capable of being remedied, or is not remedied within a reasonable period), the Secretary shall inform the Company in writing of the proposed penalty and invite the Company to comment on it in writing. (4) Subject to subsection (5), the Secretary shall inform the Chief Executive in Council of the failure or breach, of the proposed financial penalty, and of the Company's comments, if any, and seek the approval of the Chief Executive in Council for the imposition of a financial penalty. The Chief Executive in Council may either approve the imposition of a penalty in a specified amount, or disapprove the imposition, in either case stating briefly the reasons. (5) The approval of the Chief Executive in Council referred to in subsection (4) is not required for the imposition of a further financial penalty under subsection (7) for a continuing failure or breach. (6) If the Chief Executive in Council approves the imposition of a penalty in a specified amount, or if a further financial penalty is being imposed for a continuing failure or breach, the Secretary shall notify the Company in writing and require the Company to pay the penalty to the Government within 30 days after service of the notice. (7) If the failure or breach is capable of being remedied, the financial penalty that may be imposed on the Company is a sum not exceeding $5000, with a further penalty not exceeding $5000 for each day the failure or breach continues after the service of the notice under subsection (6). (8) If the failure or breach is by its nature not capable of being remedied, the financial penalty that may be imposed on the Company is a sum not exceeding- (a) $10000 on the first occasion; (b) $25000 on the second occasion; (c) $50000 on the third or a subsequent occasion,on which a penalty is imposed. (9) For the purpose of subsection (8), in deciding, as regards a particular failure or breach, whether it is the first, second, or third or subsequent occasion on which a financial penalty is being imposed, only occasions on which a financial penalty has been imposed for a failure or breach of the same type as the particular failure or breach are to be taken into account. (10) When considering the imposition of a financial penalty on the Company under this section, the Chief Executive in Council shall not take into account any failure or breach which was considered for the purpose of a previous imposition of a financial penalty on the Company under this section, unless the Company has failed to pay the previous penalty or to remedy the previous failure or breach. (11) A financial penalty imposed under this section is recoverable as a debt due to the Government. (12) Nothing in this section affects the power of the Chief Executive in Council to revoke the franchise pursuant to section 27. (13) For the purposes of this section, any dispute between the Company and the Secretary as to whether the Company has failed to comply with a requirement of this Ordinance or is in substantial breach 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. (14) Subsection (13) does not apply to the amount of a financial penalty imposed under this section, but the amount must be proportionate and reasonable in relation to the failure or breach. Cap 577 s 20 Application of other Ordinances PART 6 ANCILLARY LEGAL PROVISIONS (1) In relation to land occupied by the Company for the construction, operation and maintenance of the Cable Car System, the Buildings Ordinance (Cap 123) applies as follows- (a) for the purpose of section 41(1)(a) of that Ordinance, buildings constructed on the land are not to be regarded as belonging to the Government; (b) for the purpose of section 41(1)(ba) of that Ordinance, the land is not to be regarded as unleased land; (c) for all purposes of that Ordinance, the Company is to be regarded as the owner of the land and of buildings constructed on it.(2) Section 37 of the Noise Control Ordinance (Cap 400) shall not apply to construction works as defined in this Ordinance or to the operation of the Cable Car System. |
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