【法规名称】
【法规编号】 61620 什么是编号？
【正 文】
第8页 CAP 577 TUNG CHUNG CABLE CAR ORDINANCE
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[接上页] Cap 577 s 25 Defaults capable of remedy (1) This section applies in the case of a default which appears to the Secretary to be capable of being remedied. (2) In the case of a default to which this section applies, the Secretary shall serve a notice requiring the Company to remedy the default or to take measures or make arrangements to the satisfaction of the Secretary to ensure that the default is remedied. (3) A notice under subsection (2) shall specify a period within which the default must be remedied, being a period reasonable in the circumstances and in any event not less than 28 days. (4) If the Company considers that it will need more time to remedy the default than is specified in the notice under subsection (2), it may in writing apply to the Secretary for an extension of the time, with reasons, and the Secretary may allow such further time as appears to the Secretary to be reasonable in the circumstances. (5) If there is a guarantee agreement, a notice under subsection (2) shall be served- (a) in the case of a default arising before the discharge date, on the Company, the guarantors and any agent appointed under subsection (6); (b) in the case of a default arising on or after the discharge date, on the Company and any agent appointed under subsection (6).(6) Any financier or, if a financier is a member of a consortium of financiers, the consortium, may appoint an agent in Hong Kong for the purpose of subsection (5) and shall notify the Secretary of the name and address in Hong Kong of the agent for the purpose of service of a notice under that subsection. (7) The arrangements referred to in subsection (2) may include arrangements for the disposal of the rights and obligations of the Company to another person in accordance with section 5. Cap 577 s 26 Notice of intention to revoke franchise (1) This section applies if- (a) the Secretary reports to the Chief Executive in Council that the Company has failed to comply with a notice to remedy a default served in accordance with section 25; or (b) it appears to the Chief Executive in Council that there is a default which is not capable of being remedied.(2) In the case described in subsection (1)(a) (failure to comply with a section 25 notice), if it appears to the Chief Executive in Council that- (a) the default is still capable of being remedied; and (b) the notice which should have been served under section 25(2) was not properly served; or (c) the terms of the notice served were unreasonable,the Chief Executive in Council may direct the Secretary to serve a notice, or further notice, under section 25(2), in terms specified by the Chief Executive in Council, whereupon the provisions of section 25 and this section apply. (3) In the case described in subsection (1)(a), if it appears to the Chief Executive in Council that- (a) the default is no longer capable of being remedied; or (b) a notice was properly served under section 25(2) and has not been complied with,the Chief Executive in Council may direct the Secretary to issue a notice requiring the Company to show cause why an order should not be made under section 27. (4) In the case described in subsection (1)(b) (default not capable of being remedied) the Chief Executive in Council may direct the Secretary to issue a notice requiring the Company to show cause why an order should not be made under section 27. (5) If there is a guarantee agreement, a notice issued under subsection (3) or (4) shall be served- (a) in the case of a default arising before the discharge date, on the persons specified in section 25(5)(a); (b) in the case of a default arising on or after the discharge date, on the persons specified in section 25(5)(b).(6) A notice issued under subsection (3) shall specify whether it is issued in relation to paragraph (a) or (b) of that subsection and- (a) if issued in relation to that paragraph (a), shall specify the nature of the default; (b) if issued in relation to that paragraph (b), shall give particulars of the notice to remedy a default referred to in section 25(2) and brief particulars of the report of the Secretary under subsection (1).(7) A notice issued under subsection (4) shall specify the nature of the default. (8) If a notice is issued under subsection (3) or (4), any person to whom it is issued, or any other person who is a shareholder of the Company or a financier may, within 28 days after the issue of the notice, or within any further period the Chief Executive in Council allows, make written representations to the Chief Executive in Council to show cause why an order should not be made under section 27. Cap 577 s 27 Order of revocation (1) If satisfied- (a) that the procedure prescribed by section 26 has been followed; (b) that sufficient cause has not been shown why an order under this section should not be made; and (c) that it is just and reasonable to do so,the Chief Executive in Council may, subject to subsection (3), by order revoke the franchise. |
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