【法规名称】
【法规编号】 68783 什么是编号？
【正 文】
第11页 CAP 474 TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE
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[接上页] (a) less than the Maximum Estimated Net Revenue for that year, the Company may give effect to the toll increase on that date; or (b) equal to or exceeds the Maximum Estimated Net Revenue for that year, the deferred anticipated toll increase shall be still further deferred to the date occurring 12 months from- (i) the further deferred date; or (ii) the date to which it is still further deferred under this subsection, as the case may be.(4) Any entitlement of the Company to give effect to a toll increase deferred under this section is subject to the provisions of section 43. (5) Where the Company may give effect under this section to a toll increase deferred under this section on a specified date on which the Company may, if not for this subsection, also give effect to the relevant anticipated toll increase, the anticipated toll increase shall be deferred to the date occurring 12 months from the specified date and subsections (2), (3) and (4) shall apply in respect of such deferred toll increase. (Enacted 1995) Cap 474 s 42 Creation of additional toll increases (1) Where the Company has given effect to all the anticipated toll increases pursuant to in section 39(1) or 40(1) and the Actual Net Revenue of the Company for any year occurring before the expiry of the franchise period is less than its Minimum Estimated Net Revenue for that year, the Company may apply to the Secretary to give effect to an additional 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 applied for under subsection (1), if permitted, may be given effect to is 1 January next following the year in respect of which the application is made. (Enacted 1995) Cap 474 s 43 Payments from the Fund (1) The Committee may pay from the Fund to the Company, in respect of a year immediately preceding a year in which- (a) a specified date; or (b) a date to which a toll increase is deferred ("deferred date") or further deferred ("further deferred date") or still further deferred under section 41(1), (2) or (3),occurs, an amount equal to the difference between its Actual Net Revenue and the Maximum Estimated Net Revenue for the year concerned. (2) A payment, if any, under- (a) subsection (1)(a) shall be made not later than the relevant specified date; and (b) subsection (1)(b) shall be made not later than the deferred date or further deferred date or the date to which the anticipated toll increase is still further deferred, as the case may be,or such later date as may be appropriate having regard to the project agreement. (3) Where a payment is made under subsection (1), the Company shall not give effect to the toll increase which it could have otherwise given effect to and the toll increase shall be deferred to the date occurring 12 months from the specified date, the deferred date or the further deferred date or the date to which the anticipated toll increase is still further deferred, as the case may be. (4) Where a toll increase is deferred under subsection (3) or is further deferred or still further deferred under this subsection or subsection (5) and the and the Actual Net Revenue of the Company for the year immediately preceding the year in which the date to which the anticipated toll increase is deferred, further deferred or still further deferred, as the case may be, occurs is- (a) less than the Maximum Estimated Net Revenue for that year, the Company may give effect to a toll increase; or (b) equal to or exceeds the Maximum Estimated Net Revenue for that year, the toll increase shall be deferred to 1 January next following the date on which it could have been given effect to if not for this paragraph.(5) Where the Company may give effect to a toll increase under subsection (4)(a) in respect of any year, the Committee may pay to the Company from the Fund the difference between the Actual Net Revenue and the Maximum Estimated Net Revenue for that year and the toll increase which it could have given effect to if not for this subsection shall be deferred to 1 January next following. (6) The Committee may pay to the Company from the Fund in respect of any year- (a) which is not a year immediately preceding a year in which- (i) a specified date occurs; or (ii) a deferred date or a further deferred date or a date to which the anticipated toll increase is deferred, further deferred or still further deferred occurs as a result of section 41 or this section; and(b) for which the Actual Net Revenue of the Company is less than its Minimum Estimated Net Revenue,an amount equal to the difference between the Actual Net Revenue and the Minimum Estimated Net Revenue for that year. (7) Where a payment is made under subsection (6), the Company shall not, in respect of that year, advance an anticipated toll increase under section 40(1) or where applicable give effect to an additional toll increase under section 42. (8) Any payment under subsection (5) or (6) shall be made not later than the date on which the anticipated toll increase or the additional toll increase, as the case may be, could have been given effect to if not for those subsections or such later date as may be appropriate having regard to the project agreement. |
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