【法规名称】
【法规编号】 68743 什么是编号？
【正 文】
第10页 CAP 520 DISCOVERY BAY TUNNEL LINK ORDINANCE
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[接上页] (2) Part IX of the Public Health and Municipal Services Ordinance (Cap 132) shall not apply to the use of any part of the tunnel area for advertising purposes. (3) The Commissioner shall not give his approval under subsection (1), unless he is satisfied that the safety of persons using or employed in the tunnel area or its vicinity, and the passage of motor vehicles through the tunnel will not be adversely affected by such advertising. Cap 520 s 34 Applicability of other Ordinances Remarks: Amendments retroactively made - see 29 of 1998 s. 103 (1) Notwithstanding section 41 of the Buildings Ordinance (Cap 123), that Ordinance shall apply in relation to building works (within the meaning of the Buildings Ordinance (Cap 123) and including construction works) and the maintenance of civil engineering and structural works within the tunnel area. (2) Except where it is inconsistent with any regulations made under section 28 or bylaws made under section 30, the provisions of the Road Traffic Ordinance (Cap 374) applicable to private roads shall apply in relation to the Tunnel Link. (3) This Ordinance is without prejudice to the Roads (Works, Use and Compensation) Ordinance (Cap 370) and the Lands Resumption Ordinance (Cap 124) and shall not be construed as limiting the powers or duties provided for in those Ordinances. (Amended 29 of 1998 s. 103) (4) The tunnel area shall be a public place for the purposes of any law. Cap 520 s 35 Financial penalties (1) If the Company fails to comply with any requirement in or made under this Ordinance (whether contained in or made under the Ordinance itself or regulations under section 28) the Commissioner or the Director of Highways may, subject to subsection (2), and with the approval of the Governor in Council, impose a financial penalty on the Company, in accordance with this section. (2) A financial penalty shall not be imposed under subsection (1) unless the Commissioner or the Director of Highways, as may be appropriate, notifies the Company in writing of the failure and affords the Company a reasonable opportunity to comply with the requirement. (3) Where a financial penalty is imposed under this section, the Commissioner or the Director of Highways, as may be appropriate, shall serve a notice in writing on the Company, specifying the amount of the financial penalty and requiring the Company to pay it to the Government, within 30 days beginning on the date the notice is served on it. (4) Where a failure referred to in subsection (1) is- (a) capable of being remedied, the Commissioner or the Director of Highways may impose in respect of it, a financial penalty of an amount which shall not exceed $10000 and where the failure continues, a further penalty of an amount which shall not exceed $10000 for each day it so continues after the date the notice under subsection (3) is served; and (b) not capable of being remedied, the following applies- (i) the Commissioner or the Director of Highways may impose in respect of the failure a financial penalty of an amount which shall not exceed- (A) $20000 on the first occasion; (B) $50000 on the second occasion; and (C) $100000 on the third or subsequent occasion, on which a financial penalty is imposed on the Company;(ii) in determining, as regards a particular failure ("the relevant failure"), whether it is the first, second or third or a subsequent occasion on which a financial penalty is being imposed, only occasions, if any, on which a financial penalty has been imposed in respect of a failure of the same type as the relevant failure shall be taken into account.(5) The requirement of the approval of the Governor in Council referred to in subsection (1) does not apply in relation to the imposition of a further penalty under subsection (4)(a). (6) A financial penalty imposed under this section shall be recoverable as a debt due to the Government. Cap 520 s 36 Payment and recovery of money due to Government (1) Subject to sections 6 and 7(3), where the Company becomes liable to pay any amount to the Government or reimburse it for any amount paid by it, the Company shall pay or reimburse it, subject to the presentation of receipts or other appropriate evidence in support, within 30 days of a demand in writing being made in respect thereof. (2) Any amount due to the Government from the Company by way of premium, additional premium, royalty, further royalty, costs or otherwise under this Ordinance and which is unpaid shall be recoverable as a debt due to the Government. Cap 520 s 37 Cessation of rights and obligations (1) All rights and obligations of the Company under this Ordinance shall cease on- (a) the expiry of powers under section 12(1) or expiry of the period for which they are extended under that section as may be appropriate; (b) a cessation of powers under section 25(2) or 26(6); (c) the commencement of the voluntary winding up of the Company; (d) the making of a winding-up order in respect of the Company,whichever event first occurs. (2) On a cessation of the rights and obligations referred to in subsection (1), the Tunnel Link, the tunnel facilities and all machinery and equipment installed in the tunnel area (other than any utility within the tunnel area) shall vest in the Government. (3) Neither the Company nor any other person is entitled to any compensation in respect of any assets vested in the Government under subsection (2). (4) The vesting of the assets of the Company in the Government under this section shall not render the Government liable for any debts of the Company. |
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