【法规名称】
【法规编号】 68743 什么是编号？
【正 文】
第2页 CAP 520 DISCOVERY BAY TUNNEL LINK ORDINANCE
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[接上页] (4) For the avoidance of doubt it is declared that, where more than one plan has been deposited under this section, any reference to "tunnel area" in this Ordinance shall be construed as a reference to the area shown as the "tunnel area" and "隧道区" on the plan last so deposited. Cap 520 s 4 Power to construct Tunnel Link Remarks: Amendments retroactively made - see 29 of 1998 s. 102 PART II POWERS TO CONSTRUCT TUNNEL LINK, LIMITATION OF POWERS AND THEIR EXPIRY, POWER TO CHARGE PREMIUM OR ROYALTY AND POWER TO CONNECT ROADS AND INSTALL UTILITIES (1) Subject to subsection (2), the Company may- (a) on the unleased area- (i) construct those parts of the tunnel and the road connecting it to Siu Ho Wan as are shown on the Plan to be within that area; (ii) construct or install- (A) any facilities or other works associated with or accessory to the Tunnel Link or necessary for its operation or maintenance (not being a building or other structure to be used as an administration building); and (B) any utility essential for the construction, operation or maintenance of the Tunnel Link; and(iii) carry out any work necessary for the operation, maintenance and repair of the Tunnel Link and other works, facilities or utilities referred to in subparagraph (ii);(b) permit the use of the whole of the Tunnel Link for the passage of specified vehicles and permitted vehicles; (c) charge, in accordance with section 24, tolls or fees for the use of the whole of the Tunnel Link for the purpose referred to in paragraph (b).(2) The Company shall not exercise the powers given under subsection (1), in relation to the unleased area or such part of it as may be specified by the Director of Lands for the purposes of this subsection, until the Director of Lands informs it in writing that it may do so. (3) Notwithstanding anything in subsection (1) or (2), and subject to any conditions specified by the Director of Lands, the Company may, for the purpose of preparing for the carrying out of the construction works, enter any land adjoining the tunnel area, if such land is Government land and is not leased. (Amended 29 of 1998 s. 102) (4) A fee of an amount determined by the Director of Lands may be charged from the Company in respect of the exercise of its powers under subsection (3). Cap 520 s 5 Limitation of powers to wayleave Section 4- (a) shall be construed as conferring on the Company a wayleave in respect of the unleased area for the purposes specified in subsection (1)(a) of that section; and (b) shall not operate to confer or be construed as conferring on the Company- (i) any title, right or interest in or over the unleased area other than the wayleave referred to in paragraph (a); or (ii) any title, right or interest in or over any other part of the tunnel area which it would not otherwise have. Cap 520 s 6 Premium or additional premium to be charged from Company (1) The Director of Lands may determine- (a) that a premium should be charged from the Company for the exercise of the powers given under section 4 in respect of the unleased area; and (b) having regard to any relaxation of the restriction on the use, within the meaning of section 7(6), of the Tunnel Link, that an additional premium should be charged from the Company in respect of the exercise of the powers referred to in paragraph (a).(2) Where the Director of Lands makes a determination under subsection (1)(a) or (b), he shall- (a) determine the amount of the premium or additional premium, as the case may be, payable by the Company; (b) determine when it must be paid and the manner of payment; and (c) notify the Company- (i) that he has determined that a premium or additional premium, as the case may be, is payable; and (ii) of the matters determined under paragraphs (a) and (b) in respect of that premium or additional premium.(3) The Company shall pay any premium or additional premium charged under this section in accordance with the relevant determination made under subsection (2). Cap 520 s 7 Royalty (1) Subject to subsection (2), the Company shall pay to the Government, for the duration of the powers given under section 4, a royalty at the rate of- (a) 1% of the operating receipts for a period of 5 years commencing from the operating date; and (b) thereafter, 2.5% of the operating receipts, instead of at the rate specified in paragraph (a).(2) If the restriction on the use of the Tunnel Link is relaxed, the Financial Secretary may require the Company to pay to the Government, commencing from the date of relaxation and for the duration of the powers given under section 4, a royalty, instead of at the rate specified in subsection (1), as follows- (a) at the rate of 5% of the operating receipts; and (b) in addition- (i) for a period of 5 years following the date of relaxation, at the rate of 15% of the net operating receipts in excess of the projected net operating receipts; and (ii) thereafter, instead of at the rate specified in subparagraph (i), at the rate of 30% of the net operating receipts in excess of the projected net operating receipts.(3) The payment of royalty shall be due in respect of each period of- |
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