|
[接上页] Cap 577 s 21 Installation of utilities in Cable Car System area (1) Subject to subsection (3), before installing any utility in the Cable Car System area, the provider of a utility (other than the Company) shall obtain the written consent of the Company. (2) The consent required by subsection (1)- (a) shall not be withheld unless the Company reasonably considers that the installation of the utility may adversely affect the safety of persons using or operating the Cable Car System or working in the Cable Car System area, or the efficient operation of the Cable Car System; (b) may be granted subject to reasonable conditions.(3) This section does not apply to the placement and maintenance of a telecommunications line or a radiocommunications installation by the Telecommunications Authority or by a licensee authorized by the Telecommunications Authority pursuant to section 14 of the Telecommunications Ordinance (Cap 106). Cap 577 s 22 Power to make bylaws (1) The Company may make bylaws, consistent with this Ordinance, for all or any of the following matters- (a) controlling and regulating the conduct of members of the public on the carrier and in the Cable Car System area; (b) providing a system for evidencing (whether by issue of tickets or otherwise) the payment of fares by passengers on the Cable Car System; (c) providing for the custody and return or disposal of property found on the carrier and in the Cable Car System area; (d) protecting any property of the Company in the Cable Car System area, and the carrier and ropes, from damage or interference; (e) controlling unauthorized advertising on the Cable Car System; (f) any other matter, whether similar to the foregoing or not, which relates to the control, operation and management of the Cable Car System or to the safety of passengers and the System generally and which the Company considers it is necessary or expedient to provide for.(2) In subsection (1), "carrier" (运输工具) has the same meaning as in the definition of "aerial ropeway" in section 2 of the Aerial Ropeways (Safety) Ordinance (Cap 211). (3) Bylaws made under subsection (1)(c) shall have due regard to the rights of owners of the property concerned. (4) Bylaws made under subsection (1) may provide that a contravention of a specified provision is an offence and may prescribe a maximum penalty not exceeding a fine at level 2. (5) Bylaws made under subsection (1) are subject to the approval of the Legislative Council. (6) Printed copies of the bylaws must be kept at the registered office of the Company and at each terminal and made available to any person at a reasonable charge. Cap 577 s 23 Company may prosecute, etc. (1) An employee of the Company, or any person authorized in writing by the Company to do so, may ask any person who is reasonably suspected of having contravened a bylaw made under section 22(1) to give the person's name and address for purposes of identification and, if a vehicle is involved in the offence, to give the name and address of the owner of the vehicle if that information is within the person's knowledge. (2) A person who fails to comply with a request made under subsection (1), or who gives a false name or address, commits an offence and is liable on summary conviction to a fine at level 2. (3) Without affecting any Ordinance relating to the prosecution of criminal offences, or the powers of the Secretary for Justice in relation to the prosecution of offences, a prosecution for an offence under this section or under the bylaws made under section 22(1) may be brought by and in the name of the Company. Cap 577 s 24 Default PART 7 DEFAULT AND TERMINATION OF FRANCHISE (1) The Company will be in default if it fails, or there is a substantial likelihood of it failing, in any material respect to complete the construction works in accordance with the Project Agreement. (2) The Company will be in default if it fails, or there is a substantial likelihood of it failing- (a) to operate and maintain the Cable Car System in accordance with this Ordinance, the Aerial Ropeways (Safety) Ordinance (Cap 211) and all other relevant legislation; or (b) to discharge any of its other obligations under the Project Agreement,and the failure, or likely failure, results, or is likely to result, in- (c) a substantial breakdown of the Cable Car System; (d) the death of or serious injury to persons travelling on the Cable Car System or being on the System premises; or (e) significant danger to the safety of persons travelling on the Cable Car System or being on the System premises.(3) If there are guarantors, the Company will be in default if- (a) the guarantors, having been called upon under the guarantee agreement, fail to respond to such call within a reasonable period; or (b) any guarantor is in material breach of any provision of the guarantee agreement and, if there is more than one guarantor, such breach has not been remedied by another guarantor or is incapable of being remedied. |