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[接上页] (j) prescribe anything which under this Ordinance is to be or may be prescribed; and (k) provide for such other matters as may be necessary or expedient to carry out effectively the provisions of this Ordinance.(2) Regulations made under subsection (1) may provide that the provision of any facility or compliance with any requirement under the regulations shall be to the satisfaction of such authority as may be specified in the regulations in relation thereto. (Enacted 1995) Cap 474 s 18 Operating date PART VII TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD (1) The Tai Lam Tunnel and Yuen Long Approach Road shall be opened for use by the public on a date determined by the Commissioner in accordance with this section. (2) Without prejudice to section 14, when, in the opinion of the Director, the construction works are substantially completed, he shall issue a certificate to that effect to the Commissioner and the Company. (3) The Commissioner shall take such steps as he considers appropriate to satisfy himself that the Tai Lam Tunnel and Yuen Long Approach Road are fit for public use and if so satisfied, as soon as practicable after receipt of the certificate issued to him under subsection (2), determine a date which is the soonest practical date, for the purposes of subsection (1). (4) The Commissioner shall notify in the Gazette the date determined under subsection (3). (Enacted 1995) Cap 474 s 19 Company to provide facilities in Tai Lam Tunnel and Yuen Long Approach Road (1) Subject to this Ordinance, on and from the operating date and until the expiry of the franchise period, the Company shall provide and operate adequate, efficient and safe facilities and provide adequate and efficient personnel, to the satisfaction of the Commissioner, for the passage of motor vehicles through and along the Tai Lam Tunnel and Yuen Long Approach Road and the control and safety of motor vehicles and persons in the toll area. (2) The provision and operation of such facilities and the provision of such personnel shall be at the expense of the Company. (Enacted 1995) Cap 474 s 20 Right to use Tai Lam Tunnel and Yuen Long Approach Road (1) Subject to this Ordinance, the Tai Lam Tunnel and Yuen Long Approach Road shall be made available for use for the passage of motor vehicles upon payment of the tolls. (2) The Company shall not prevent or refuse the use of the Tai Lam Tunnel and Yuen Long Approach Road for the purpose described in subsection (1) other than on reasonable grounds. (Enacted 1995) Cap 474 s 21 Application of other laws (1) Save to the extent of any inconsistency with any regulations made under section 17 or bylaws made under section 26, the provisions of the Road Traffic Ordinance (Cap 374) shall apply to the roads in the toll area as if they were roads within the meaning of that Ordinance. (2) The toll area shall be a public place for the purposes of any law. (Enacted 1995) Cap 474 s 22 Operation of toll area by Government (1) The Governor in Council may, if satisfied that it is necessary to do so in the interests of public security, order that the Government shall take over the operation of the toll area or any part thereof together with such of the facilities of the Company as is necessary for that purpose, and continue such operation until the Governor in Council otherwise orders. (2) The Government shall pay to the Company for any loss or damage suffered by the Company by reason of any order under subsection (1), such amount as may be agreed between the Government and the Company, or in default of such agreement such amount as may be determined by arbitration. (3) When computing the franchise period, any period during which the Government operates the toll area or any part of that area shall be regarded as part of the franchise period. (4) Without affecting the generality of subsection (1), the Government may, in operating the toll area pursuant to an order under that subsection, close the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof. (Enacted 1995) Cap 474 s 23 Closure of Tai Lam Tunnel and Yuen Long Approach Road (1) The Company shall not close the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof to the public- (a) unless- (i) required by the Director for the reason that it reasonably appears to him; or (ii) it appears to the Company, that such closure is necessary to enable any works to be carried out pursuant to any obligation imposed by or under this Ordinance or the project agreement; or(b) unless- (i) required by the Commissioner for the reason that it appears to him; or (ii) it appears to the Company, that such closure is necessary due to an emergency or an accident or for the safety of persons using or employed in the toll area or for routine maintenance or cleaning.(2) Before closing the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof under subsection (1)(a) or (b)(ii), the Company shall, except in the case of a closure due to an emergency or an accident, notify the Commissioner of the intended closure and the relevant particulars, including the period for (with dates and times) and the extent to which it is intended to be closed. |