【法规名称】
【法规编号】 68743 什么是编号？
【正 文】
第3页 CAP 520 DISCOVERY BAY TUNNEL LINK ORDINANCE
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[接上页] (a) 6 months or part thereof, in the case of the royalty payable under subsections (1) and (2)(a); (b) 12 months or part thereof, in the case of any royalty payable under subsection (2)(b)(i) and (ii),during which the powers given under section 4 are effective, commencing from the operating date or the date of relaxation, as may be appropriate, and shall be paid within 60 days of the end of each such period. (4) The acceptance by the Government of any sum tendered by the Company in accordance with this section shall not prevent the Government from claiming a further sum in respect of the same year or any adjustment appearing to be due or necessary on any subsequent examination of the books and accounts and other material furnished by the Company under section 22. (5) The payment by the Company of any sum in accordance with this section shall not prevent the Company from claiming a refund in respect of any overpayment made by the Company and established to the satisfaction of the Financial Secretary. (6) If, the Commissioner- (a) exercises his power under section 23(1) so as to add to the class or description of vehicles for the passage of which the Tunnel Link may be used pursuant to the first notification under section 23(2) after the commencement of this Ordinance; and (b) determines, with the agreement of the Director of Lands, that such exercise constitutes, for the purposes of subsection (2) and section 6(1)(b), a relaxation of the restriction on the use of the Tunnel Link,it shall be treated as such a relaxation for the purposes of that subsection and section. (7) In this section- "date of relaxation" (放宽日期) means the date on which a determination under section 23(1), in respect of which the Commissioner (with the agreement of the Director of Lands) has made a determination described in subsection (6)(b), comes into effect; "net operating receipts" (净经营收入) means the operating receipts reduced by the royalty payable in respect of those receipts under subsection (1) or (2)(a), as the case may be; "operating date" (开始经营日期) means the date determined under section 18(1); "operating receipts" (经营收入) means the total gross sums received by the Company in respect of the tolls and fees charged under section 24; "projected net operating receipts" (预计净经营收入) means the projected operating receipts prepared by the Company and accepted by the Commissioner for each year during which the Tunnel Link is operated by the Company under this Ordinance reduced by the royalty under subsection (1) or (2)(a), as the case may be, which would be payable in that year upon those receipts. Cap 520 s 8 Powers of Financial Secretary in relation to royalty For the purpose of ascertaining the royalty under section 7, the Company shall permit the Financial Secretary, or any person authorized in writing by him, to inspect at all reasonable times all books of account, vouchers and receipts and all other records of the Company (including all records maintained by the Company pursuant to section 28(1)(g)) and to make extracts from any such documents and to take away such documents for further examination. Cap 520 s 9 Connection of roads by Government (1) The Government may connect any other road to any part of the approach road within the unleased area. (2) The Director of Lands or the Director of Highways may, for the purposes of subsection (1)- (a) require the Company to vary the alignment of the approach road or any part of it; and (b) carry out any work (including the varying of the alignment of the approach road or any part of it) that he considers necessary.(3) The cost of any connection under subsection (1) or variation or works under subsection (2) shall be borne by the Government. (4) In this section "approach road" (引道) means the road within the tunnel area connecting the tunnel to Siu Ho Wan. (5) The Government shall use its best endeavours to ensure that the exercise of the Company's powers under section 4 is not affected by the exercise of any power under this section. Cap 520 s 10 Utilities (1) For the avoidance of doubt, but subject to subsection (3), it is declared that nothing in this Ordinance shall be construed as affecting- (a) any right of the Government to install, maintain or repair any utility on any part of the unleased area or to permit any other person to do so; or (b) any existing right of or permission given to any other person to install any utility in the unleased area.(2) No person shall install any utility (not being a utility referred to in section 4(1)(a)(ii)(B)) in the unleased area without the permission of the Director of Lands. (3) The Director of Lands shall, before giving permission to a person (not being the Company) for the purposes of subsection (2), notify the Company of his intention to give such permission. (4) The Company- (a) may remove any utility which impedes the construction works and re-install it in another place that is suitable, with the approval of the Director of Lands and the consent of the owner of the utility concerned or the person in control of it; and |
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