【法规名称】
【法规编号】 68743 什么是编号？
【正 文】
第4页 CAP 520 DISCOVERY BAY TUNNEL LINK ORDINANCE
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[接上页] (b) if any loss or damage is caused to any person (including the Government) by reason of anything done under paragraph (a), shall compensate that person for such loss or damage.(5) The Company shall bear the expenses, if any, in respect of a removal and re-installation under subsection (4), unless other arrangements are made between the Company and the owner of the utility or the person having the control of it. (6) The Company shall allow reasonable access to any utility in the tunnel area by the owner of or the person having the control of that utility. Cap 520 s 11 Assignment (1) The Company shall not dispose of or enter into an agreement for the disposal of any of its powers or rights under this Ordinance without the prior consent in writing of the Governor in Council. (2) Where any disposal is effected pursuant to the consent of the Governor in Council under subsection (1), the Secretary shall give notice in the Gazette of such disposal and the name and description of the person to whom the powers or rights were disposed. Cap 520 s 12 Expiry of powers (1) Subject to this Ordinance, the powers given to the Company under section 4 shall expire on 30 June 2047. (2) The Company may apply to the Governor in Council, in accordance with subsection (3), for an extension of the powers referred to in subsection (1). (3) Any application for the purposes of subsection (2) shall be in writing and submitted to the Director of Lands at least 18 months before the date specified in subsection (1). (4) Where the Director of Lands receives an application under subsection (3), he shall submit it to the Governor in Council. (5) On a submission under subsection (4), the Governor in Council may extend the powers referred to in subsection (1) for a period specified by him or refuse the application (in which case subsection (1) shall apply). Cap 520 s 13 Company to construct Tunnel Link at its own expense PART III CONSTRUCTION OF TUNNEL LINK The Company shall, at its own expense, carry out and complete the construction works and the installation of the tunnel facilities and bear the costs of the operation and maintenance of the Tunnel Link. Cap 520 s 14 Start of construction (1) Notwithstanding section 4(1) or (2), the Company shall not commence the construction works before such date as may be agreed between the Director of Lands and the Company for the commencement of the construction works. (2) The Director of Lands shall not agree on a date for the commencement of the construction works until the Company complies with section 15 and unless the estimated time for completion furnished to the Secretary under section 15(a)(ii) is acceptable to the Secretary and the Director of Lands. Cap 520 s 15 Company to furnish estimates, etc. The Company shall- (a) furnish to the Secretary- (i) detailed estimates as to the cost of the completion of the construction works and the installation of the tunnel facilities; (ii) a programme for carrying out the construction works and installing the tunnel facilities, being a programme which includes (in particular) information as to the estimated time, from the commencement of the construction works, to the completion of the construction works and the installation of facilities; and(b) establish to the satisfaction of the Secretary that sufficient funds to complete the works referred to in paragraph (a) are available to the Company. Cap 520 s 16 Failure to complete construction (1) After the Company commences the construction works, if it decides not to complete them, it shall notify the Director of Lands of such decision. (2) Where the Director of Lands receives a notification under subsection (1), he shall issue a direction stating that the Company has given notice that it has decided not to complete the construction works. (3) If after the Company commences the construction works, it fails to complete them and the installation of the tunnel facilities within 12 months of the estimated date for such completion or such longer period as the Director of Lands may specify and does not give an explanation to the satisfaction of the Director of Lands for such failure, the Director of Lands shall issue a direction stating that the Company has failed to complete the construction works within the required period. (4) Where a direction is issued under subsection (2) or (3), the powers given to the Company by or under section 4 shall cease with effect from a date specified for the purpose in the direction. (5) Where there is a cessation of powers under subsection (4), the Company shall, if the Director of Lands so requires, restore at its own expense, as far as it is practicable, that part of the unleased area on which there are construction works, to its original condition as soon as practicable. (6) Where the Company fails to comply with a requirement under subsection (5), or fails to comply with such a requirement to the satisfaction of the Director of Lands, the Director may effect such works as are necessary to restore the unleased area, as far as practicable, to its original condition. |
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