【法规名称】
【法规编号】 68783 什么是编号？
【正 文】
第3页 CAP 474 TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE
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[接上页] (a) to finance or refinance- (i) the designing, carrying out or completion of the construction works; (ii) any undertaking relating to any obligation imposed on the Company by or under this Ordinance or the project agreement; or(b) for such other purposes as the Financial Secretary may permit by prior notice in writing to the Company,by mortgaging, assigning by way of security or otherwise charging any right conferred on it under this Ordinance, or by a similar arrangement and the consent of the Governor in Council shall not be required for any such mortgage, assignment, charge or arrangement. (2) A mortgage, assignment by way of security or other charge referred to in subsection (1) in so far as it relates to a right conferred on the Company shall not be enforced, whether by order of any court or otherwise, except with the prior consent of the Governor in Council and in accordance with the terms or conditions of such consent. (3) Without affecting the generality of any power of the Governor in Council under subsection (2), the Governor in Council may, under that subsection, consent to an enforcement which will have the effect of transferring the franchise from the person who was the Company immediately before such enforcement, to another person. (4) Subsection (2) and section 6(1) shall not apply to any mortgage or assignment by way of security of, charge on or other arrangement relating to, the right of the Company to receive the tolls under Part VIII or the whole or any part of the Company's revenue from such tolls, and which secures any debt or obligation of the Company. (5) Where the Governor in Council has consented to any enforcement under subsection (2), and such enforcement 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 8 Directors of the Company PART IV PROVISIONS RELATING TO THE COMPANY (1) A majority of the directors of the Company shall be persons each of whom is ordinarily resident in Hong Kong. (2) The Governor shall have power, notwithstanding any provision of the Companies Ordinance (Cap 32) or any other law, the memorandum or articles of the Company or any other instrument, to appoint 2 directors to the board of directors of the Company. (3) In subsection (1) "ordinarily resident" (通常居于) means residence for not less than 180 days in any calendar year or residence for not less than 300 days in 2 consecutive calendar years. Cap 474 s 9 Powers of Financial Secretary (1) The Financial Secretary or any person authorized in writing by him may- (a) for the purpose of ascertaining- (i) the expenses and the financial arrangements relating to the carrying out of the construction works, incurred or made before the operating date; or (ii) the amount payable into the Fund under Part X; or(b) in order to ascertain the Actual Net Revenue for the purposes of Part X,inspect at any reasonable time books of account, vouchers, receipts or any other record of the Company (including records maintained by the Company in accordance with section 25) and make extracts from any such document or take away any such document for further examination. (2) In subsection (1) "document" (文件) or "record" (纪录) includes a book, voucher, receipt or data material, or information which is recorded in a non-legible form but is capable of being reproduced in a legible form. (Enacted 1995) Cap 474 s 10 Tax provisions For the purposes of Part VI of the Inland Revenue Ordinance (Cap 112), the Company shall be deemed to be the owner- (a) during the period beginning on the start of construction and ending on the day immediately before the operating date, of the construction works; and (b) during the period beginning on the operating date and ending on the expiry of the franchise period or on the cessation of the rights and obligations of the Company under section 53(1) (whichever event first occurs), of the Tai Lam Tunnel and Yuen Long Approach Road. (Enacted 1995) Cap 474 s 11 Construction works to be carried out at the expense of the Company PART V CONSTRUCTION OF THE TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD The Company shall, at its own expense, design and carry out the construction works in accordance with the project agreement and this Ordinance. (Enacted 1995) Cap 474 s 12 Start of construction (1) Except where it is permitted otherwise under the project agreement, the Company shall not commence the construction works before such date as may be agreed between the Director and the Company for the commencement of the construction works or, in the absence of such agreement, as the Director may determine for that purpose. (2) The Director shall notify in the Gazette the date as agreed or determined under subsection (1). (Enacted 1995) Cap 474 s 13 Period within which works must be completed The Company shall complete the construction works within- |
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