【法规名称】
【法规编号】 68783 什么是编号？
【正 文】
第10页 CAP 474 TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE
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[接上页] (1) If the Actual Net Revenue of the Company for any year exceeds the Maximum Estimated Net Revenue for that year, the Company shall pay into the Fund the difference between the Actual Net Revenue and the Maximum Estimated Net Revenue. (2) A payment due under subsection (1) shall be made not later than 31 December next following the end of the year to which the payment relates or such later date as may be appropriate having regard to the project agreement. (Enacted 1995) Cap 474 s 39 Giving effect to anticipated toll increases (1) Subject to and in accordance with this Part and the project agreement, the Company may, during the franchise period, give effect to a toll increase on each specified date. (2) If the Actual Net Revenue of the Company for the year immediately preceding the year in which a specified date occurs, is less than its Maximum Estimated Net Revenue for that year, the Company may apply in writing to the Secretary to increase the tolls by the amount of the appropriate anticipated toll increase. (3) An application under subsection (2) shall be made at the same time the statement of Actual Net Revenue for the relevant year is submitted under section 37(1). (4) Where the Secretary receives an application under subsection (3), he shall, subject to subsection (5), inform the Company, not later than 21 days before the day on which an anticipated toll increase, if given effect to, may take place either- (a) that it may give effect to the appropriate toll increase; or (b) that a payment shall be made under section 43 to the Company from the Fund.(5) If the Secretary is not satisfied with the statement of Actual Net Revenue submitted for a year in respect of which an application under this section is made- (a) where the amount of the Actual Net Revenue in dispute does not affect the eligibility of the Company to give effect to a toll increase under this Part, subsection (4) shall apply; and (b) in any other case, if after negotiation or reference to an independent expert as described in section 37(5)- (i) it is agreed that the amount of the Actual Net Revenue; or (ii) the decision of the expert as regards the amount of the Actual Net Revenue, as the case may be, is such as to render the Company eligible for a toll increase under this Part, the Secretary shall inform the Company not later than 21 days before the day on which the toll increase may be given effect to, that the Company may give effect to a toll increase or that a payment shall be made under section 43 to the Company from the Fund.(6) For the purposes of subsection (5)(b), the date on which a toll increase may be given effect to is the date on which under the terms of the project agreement, a toll increase, if any, may be given effect to after- (a) an agreement is reached as regards a statement of Actual Net Revenue by negotiation between the Secretary and the Company; or (b) a determination is made by an expert as regards such a statement,as may be appropriate. (Enacted 1995) Cap 474 s 40 Advancement of toll increases (1) If the Actual Net Revenue of the Company for any year is less than the Minimum Estimated Net Revenue for that year, and that year is not a year immediately preceding a year in which a specified date occurs, the Company may apply to the Secretary to give effect to the next anticipated toll increase. (2) Section 39(3), (4), (5) and (6) shall apply in relation to an application under subsection (1). (3) The date on which a toll increase under subsection (1) can be given effect to is 1 January next following the year in respect of which the Company makes the application under subsection (1). (Enacted 1995) Cap 474 s 41 Deferment of toll increases (1) If in any year, being a year immediately preceding a year in which a specified date occurs, the Actual Net Revenue of the Company is equal to or exceeds the Maximum Estimated Net Revenue for that year, any anticipated toll increase which it could have given effect to on such specified date if not for this subsection shall be deferred to the date ("deferred date") occurring 12 months from the specified date. (2) Where an anticipated toll increase is deferred under subsection (1) and the Actual Net Revenue of the Company for the year immediately preceding the year in which the deferred date occurs is- (a) less than the Maximum Estimated Net Revenue for that year, the Company may give effect to the toll increase on the deferred date; or (b) equal to or exceeds the Maximum Estimated Net Revenue for that year, the deferred anticipated toll increase shall be further deferred to the date ("further deferred date") occurring 12 months from the deferred date.(3) Where an anticipated toll increase is further deferred under subsection (2)(b) or still further deferred under this subsection, and the Actual Net Revenue for the year immediately preceding the year in which the further deferred date or the date to which the anticipated toll increase is still further deferred occurs is- |
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