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[接上页] (2) Where it is not practicable to give notice to the Company of his intention to carry out any work under subsection (1), the Director of Highways may carry out such work without notice to the Company. Cap 520 s 21 Recovery of costs by Director of Highways and Commissioner (1) Where the Director of Highways carries out any work- (a) under section 19, he may recover from the Company the costs thereof; and (b) under section 20, he may recover the costs of that part of the work which in his opinion was necessary on account of the emergency or to avert an emergency, as may be appropriate.(2) The Commissioner and the Director of Highways may recover from the Company any costs incurred in connection with overseeing, in the course of performing their respective functions under this Ordinance, any activity related to the tunnel area or the Tunnel Link. Cap 520 s 22 Requirement to furnish information The Secretary may require the Company to furnish to him within such period as may be specified by him- (a) particulars relating to the number of motor vehicles using the Tunnel Link; and (b) particulars relating to the amount of tolls or fees collected by the Company. Cap 520 s 23 Specification of vehicles (1) The Commissioner may determine, for the purposes of this subsection, the classes or description of vehicles for the passage of which the Tunnel Link may be used. (2) The Commissioner shall notify in the Gazette the classes or description of vehicles determined under subsection (1). (3) Subject to subsection (4), the Commissioner may determine that the Tunnel Link may be used, in addition for the passage of specified vehicles, for the passage of any vehicle or vehicles of a class or description as are permitted by him for the purposes of this subsection, for such period as may be specified by him in relation to such permission. (4) The Commissioner may exercise his powers under subsection (3), only where it appears to him that it is necessary to do so due to the existence of a situation which he considers to be an emergency. (5) Where the Commissioner makes a determination under subsection (3), he shall, as soon as practicable, inform the Company of the determination and the particulars thereof and require the Company to permit the use of the Tunnel Link for the passage of the permitted vehicles. Cap 520 s 24 Use of Tunnel Link for passage of vehicles and tolls and fees therefor (1) This section applies in relation to the exercise of the power conferred by section 4(1)(c) to charge tolls or fees. (2) The Company shall not permit the use of the Tunnel Link for the passage of any vehicle other than a specified vehicle or a permitted vehicle. (3) The Company may charge different tolls or fees for different types of specified vehicles or permitted vehicles. (4) Where the Company proposes to charge a toll or fee for the use of the Tunnel Link, it shall furnish to the Secretary particulars as to the amounts of the proposed tolls or fees together with such information as the Secretary may require and in such manner as required by him. (5) The Company shall not charge in respect of the passage through the Tunnel Link of any specified vehicle or permitted vehicle, any toll or fee unless the Secretary has agreed, in relation to the type of specified vehicle or permitted vehicle concerned, to the toll or fee proposed by the Company. (6) The Company may, subject to subsection (8), vary any toll or fee charged under this section, not more than once in every 12 months. (7) Where the Company proposes to vary a toll or fee, it shall furnish to the Secretary particulars as to the amount of the proposed variation together with such other information as the Secretary may require and in such manner as required by him. (8) The Company shall not vary a toll or fee unless the Secretary has agreed to the amount of the variation. (9) Where the Secretary and the Company agree as to the amount of a toll or fee or a variation in a toll or fee under this section, not being a toll or fee or a variation agreed in relation to permitted vehicles, the Secretary shall notify in the Gazette the amount of the toll or fee or the toll or fee as varied, as may be appropriate. (10) Any toll or fee agreed to under this section is the maximum toll or fee which may be charged for the time being in respect of the whole of the Tunnel Link. (11) Notwithstanding section 4(1)(c) or subsection (3), the Company shall not- (a) charge a toll or fee in respect of a vehicle carrying persons who are employed by or in the service of the Government and who are performing any duty in the tunnel area pursuant to this Ordinance or in relation to an emergency or the enforcement of the law; or (b) refuse or prevent access to or passage through the Tunnel Link by such a vehicle.(12) The Company shall not erect or install a toll booth or other structure to be used in the collection of tolls, unless the Commissioner has approved the location thereof. |