【法规名称】
【法规编号】 68783 什么是编号？
【正 文】
第2页 CAP 474 TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE
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[接上页] (3) Any power or function conferred on or assigned to the Governor in Council under this Ordinance may be exercised or performed by the Governor where he is of the opinion that the situation in which the power is to be exercised or the function performed is an emergency. (4) For the purpose of sections 22(2), 54(2) and 62(2), "arbitration" (仲裁) means domestic arbitration under Part II of the Arbitration Ordinance (Cap 341), the reference to such arbitration being made in accordance with the requirements of the project agreement. (Enacted 1995) Cap 474 s 3 Variation of plan (1) The Commissioner may, with the agreement of the Company, vary the boundaries of the toll area. (2) Where any boundaries are varied under subsection (1), the Commissioner shall prepare a plan delineating the toll area as so varied and indicating its location, extent and boundaries. (3) The Commissioner shall- (a) assign a number to such plan, sign and date it; (b) deposit it in the Land Registry; and (c) as soon as practicable thereafter, notify in the Gazette that it has been so deposited.(4) Any plan deposited under subsection (3) shall supersede the plan deposited in the Land Registry immediately before that under or by virtue of this Ordinance. (Enacted 1995) Cap 474 s 4 The franchise PART II THE FRANCHISE Subject to this Ordinance, the Company shall have the franchise to- (a) design, construct and complete the construction works; (b) operate the Tai Lam Tunnel and Yuen Long Approach Road from the operating date until the expiry of the franchise period; (c) maintain- (i) the Tai Lam Tunnel and Yuen Long Approach Road (other than that part of the northbound carriageway of the Ting Kau Bridge Viaduct; and that part of the south section of the Slip Road C abutting Tuen Mun Road which are shown and described on the plan as the "operated facilities"); and (ii) that part of the southbound carriageway from the junction of that carriageway with Slip Road C up to the Ting Kau Bridge Viaduct shown and described on the plan as the "maintained facilities", from the operating date until the expiry of the franchise period; and(d) collect the tolls for the use by the public of the Tai Lam Tunnel and Yuen Long Approach Road (within the meaning of section 27(2)), from the operating date until the expiry of the franchise period,in accordance with the project agreement. (Enacted 1995) Cap 474 s 5 Effect of franchise (1) Section 4 shall be construed as conferring on the Company any wayleave or other right necessary for the purposes of the franchise. (2) Subject to subsections (1) and (3), neither this Ordinance nor the franchise shall operate to confer or be construed as conferring on the Company any title, right or interest to, in, under or over the land on which the construction works are, or are to be, constructed or the land which the toll area comprises. (3) Subsection (1) shall not operate to affect or be construed as affecting any agreement- (a) pursuant to which land is to be subsequently leased to the Company for any purpose connected with the franchise; and (b) being an agreement which is declared to be an agreement to which this subsection applies. (Enacted 1995) Cap 474 s 6 Prohibition on assignment, etc. of franchise rights PART III ASSIGNMENTS, MORTGAGES, ETC. (1) Subject to section 7, the Company shall not assign, subgrant, underlet or otherwise dispose of its rights under this Ordinance or enter into an agreement for such disposal except with the prior consent of the Governor in Council and in accordance with the terms of such consent. (2) The Governor in Council shall not withhold consent for any disposal described in subsection (1), where the Governor in Council is satisfied that such disposal is necessary or desirable in order to give effect to any arrangements entered into for the purpose of complying with a notice given under section 51(2) and that- (a) the arrangements are adequate for that purpose; and (b) the person to whom the rights are to be disposed is a person in whom such rights may properly be vested or to whom such rights may properly be transferred.(3) Without affecting the generality of any power of the Governor in Council under subsection (1), the Governor in Council may, under that subsection, consent to a disposal which will have the effect of transferring the franchise from the person who was the Company immediately before such disposal, to another person. (4) Where the Governor in Council has consented to any disposal under subsection (1), and such disposal has had the effect described in subsection (3), the Secretary shall give notice in the Gazette of the date of such transfer and the name of the person to whom the franchise was so transferred. (Enacted 1995) Cap 474 s 7 Mortgages and charges (1) The Company may provide security as regards the payment or repayment of any moneys owing by it under any agreement or arrangement entered into for the purpose of obtaining moneys- |
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