【法规名称】
【法规编号】 68783 什么是编号？
【正 文】
CAP 474 TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE
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An Ordinance to grant a franchise for the design, construction and operation of a tunnel and associated roads linking Ting Kau to Au Tau; to provide for the maintenance of the works within the area subject to the franchise, the payment of tolls to the franchise holder for the use of that area by motor vehicles and the regulation of vehicular traffic in relation to such use; and for matters ancillary to and connected with those purposes. (Enacted 1995) [26 May 1995] (Originally 33 of 1995) Cap 474 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Tai Lam Tunnel and Yuen Long Approach Road Ordinance. (Enacted 1995) Cap 474 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "Commissioner" means, subject to subsection (2), the Commissioner for Transport; "Committee" (委员会) means the Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund Management Committee established under section 32; "Company" (公司) means- (a) Route 3 (CPS) Company Limited (三号干线(郊野公园段)有限公司); or (b) in the event of the franchise being- (i) transferred under section 6 or 7 to; or (ii) vested under section 52 in, a person other than Route 3 (CPS) Company Limited, such other person in place of Route 3 (CPS) Company Limited;"construction works" (建造工程) means works carried out, by or on behalf of the Company, or required to be carried out by the Company, pursuant to the project agreement and any other works, ancillary to or incidental to such works or necessary for the carrying out of such works but does not include designing of the works; "court" (法院、法庭) includes a magistrate; (Added 29 of 1999 s. 2) "Director" means, subject to subsection (2), the Director of Highways; "discharge date" (解除责任日期) means the date referred to in the guarantee agreement as being the discharge date for the purposes of this Ordinance; "financial penalty" (罚款) means a financial penalty imposed under section 60; "franchise" (专营权) means a franchise granted under this Ordinance; "franchise period" (专营期) means the period beginning on the start of construction and ending on- (a) the 30th anniversary of that date; or (b) where applicable, such later date as may be determined in accordance with the project agreement;"Fund" (基金) means the Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund established under section 31; "guarantee agreement" (保证协议) means the agreement designated as the guarantee agreement for the purposes of this definition by the Secretary by notice in the Gazette and any subsequent agreement amending, supplementing or novating that agreement; "Guarantor" (保证人) means any person who for the time being has undertaken the obligations of a guarantor under the guarantee agreement; "motor vehicle" (汽车) means any mechanically propelled vehicle; "operating date" (开始经营日期) means the date notified in the Gazette under section 18(4); "plan" (图则) means- (a) the plan numbered CPS TAP/1 signed by the Commissioner and deposited in the Land Registry; or (b) any other plan deposited under section 3(4);"project agreement" (工程项目协议) means the agreement designated as the project agreement for the purposes of this definition by the Secretary by notice in the Gazette and any subsequent agreement amending, supplementing or novating that agreement; "Secretary" (局长) means, subject to subsection (2), the Secretary for the Environment, Transport and Works; (Replaced L.N. 106 of 2002) "start of construction" (开始建造日期) means the date agreed or determined under section 12(1); "Tai Lam Tunnel and Yuen Long Approach Road" (大榄隧道及元朗引道) means the completed tunnel (namely, the structure between the portals shown on the plan and consisting of 2 conduits, each containing 3 lanes for traffic and 2 ventilation adits), the roads and associated works within the toll area; "toll" (使用费) means a toll specified in Schedule 1; "toll area" (收费区) means the area- (a) delineated and marked as such; and (b) the location, extent and boundaries of which are indicated,on the plan; "utility" (公用事业设施) means any electric power cable, telephone cable or other cable used in communication, any telecommunications apparatus, any pipe used in or for the supply of water, gas or oil, or for drainage or sewerage, together with any duct for such cable or pipe and any apparatus or works ancillary to such cable, apparatus, pipe or duct. (2) Any reference in this Ordinance to the Secretary, the Director or the Commissioner, in relation to any power, duty or function conferred on, imposed on or assigned to the Secretary, the Director or the Commissioner, as the case may be, includes a reference to any public officer whom the Secretary, the Director or the Commissioner, as the case may be, authorizes to exercise, discharge or perform such power, duty or function. |
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