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[接上页] (2) An application for extension of the franchise under this section- (a) shall be made by notice to the Secretary; and (b) shall be accompanied by all materials that the Corporation wishes to put forward in support of the application.(3) The Secretary shall submit to the Chief Executive in Council a report setting out his recommendation as to whether, having regard to all relevant considerations (including any provision of the operating agreement relating to the extension of the franchise), the Corporation's franchise should be extended. (4) The Chief Executive in Council may approve an extension of the franchise, but shall only do so if he is satisfied that the Corporation is capable of maintaining a proper and efficient service under this Ordinance and the operating agreement. (5) Notice of any extension of the franchise granted under this section shall be published in the Gazette. Cap 556 s 6 Restriction on transfer of franchise The Corporation shall not transfer the franchise or any part of it without the approval of the Chief Executive in Council. Cap 556 s 7 Directors of Corporation Unless the Chief Executive in Council otherwise permits, a majority of those directors of the Corporation who are not additional directors appointed under section 8 must be persons ordinarily resident in Hong Kong. Cap 556 s 8 Chief Executive may appoint additional directors (1) The Chief Executive may appoint, for a period he directs, not more than 3 persons to be additional directors of the Corporation (in this section referred to as "additional director"). (2) An additional director may not be removed from office except by the Chief Executive. (3) Subject to this Part, an additional director shall be treated for all purposes as if he had been appointed at a general meeting of the Corporation as a director of the Corporation. (4) Without affecting the generality of subsection (3), an additional director shall, in the same manner and to the same extent as any other director of the Corporation, be entitled- (a) to participate in meetings of the Corporation and the board of directors of the Corporation; (b) to have access to all material concerning the affairs of the Corporation; and (c) to be furnished with such information with respect to the affairs of the Corporation as he may specify.(5) The Companies Ordinance (Cap 32) and any other law, and any document, shall be construed subject to this section. Cap 556 s 9 Corporation to maintain proper and efficient service PART III PERFORMANCE UNDER FRANCHISE The Corporation shall maintain a proper and efficient service at all times during the franchise period in accordance with this Ordinance and the operating agreement. Cap 556 s 10 Secretary may obtain information (1) The Secretary may, by notice in writing to the Corporation, require the Corporation- (a) to afford the Secretary sufficient facilities for obtaining information with respect to the business and affairs of the Corporation in connection with the franchise; and (b) in the manner and at the reasonable times specified in the notice, to furnish the Secretary with information with respect to the matters specified in paragraph (a) and afford to him facilities for the verification of that information,and to do so within a period specified in the notice, being a period that is reasonable in the circumstances. (2) In subsection (1), reference to information is a reference to information which the Secretary may reasonably require for verifying that the Corporation has complied with the provisions of this Ordinance, the operating agreement and any direction, specification or requirement given under this Ordinance or the operating agreement. (3) If the Corporation, without reasonable excuse, fails to comply with a notice given under this section the Corporation commits an offence and is liable to a fine at level 4. Cap 556 s 11 Records (1) The Corporation shall keep, to the satisfaction of the Secretary, records in respect of the following matters relating to the railway- (a) the number and carrying capacity of trains in use or under maintenance; (b) the number of journeys undertaken and the total distance travelled; (c) the number of passengers carried; (d) the receipts; (e) details of any incident causing a service breakdown of 20 minutes or more; (f) the maintenance of trains; (g) the number and types of trains, and their carrying capacity, on order or under construction together with details of the likely availability of such trains for use in the operation of the railway.(2) The Secretary may, by notice in writing to the Corporation, require the Corporation- (a) to furnish to the Secretary, at the reasonable times and in the form specified in the notice, copies of the records kept by the Corporation in accordance with subsection (1); (b) to permit the Secretary, or any other person authorized in writing by him, to inspect at any reasonable time all records kept by the Corporation in accordance with subsection (1),and to do so within a period specified in the notice, being a period that is reasonable in the circumstances. |