【法规名称】
【法规编号】 68817 什么是编号？
【正 文】
第10页 CAP 393 TATE'S CAIRN TUNNEL ORDINANCE
|
[接上页] For the purposes of this Part, the Company shall be deemed to be in default if- (a) it has failed or there is a substantial likelihood of its failing to complete the construction works within the period or extended period allowed by section 14; (b) there has been a substantial failure by it to discharge its obligations under the project agreement; (c) it has failed or there is a substantial likelihood of its failing to operate the tunnel in accordance with this Ordinance; (d) the guarantors, having been called upon under the guarantee agreement- (i) fail to respond to such call within a reasonable period of time; or (ii) are in material breach of any of the provisions of the guarantee agreement;(e) (Repealed 76 of 1996 s. 86) (f) it fails to comply with a notice under section 46,and the expression "default" (失责行为) shall be construed accordingly. (Enacted 1988) Cap 393 s 46 Defaults capable of remedy (1) This section shall apply in the case of any default where it appears to the Secretary that the default is capable of being remedied. (2) In the case of any default to which this section applies, the Secretary shall serve- (a) in the case of a default prior to the discharge date, on- (i) the Company; (ii) the guarantors; and (iii) any agent nominated under subsection (3); and(b) in the case of a default on or after the discharge date, on- (i) the Company; and (ii) any agent nominated under subsection (3),a notice calling upon the Company, within such time (being not less than 28 days) as may be specified in the notice or such further time as the Secretary may allow, being a time reasonable in the circumstances, to remedy the default or to take measures or make arrangements to the satisfaction of the Secretary to ensure that such default is remedied. (3) Any financier or, where a financier is a member of a consortium of financiers, that consortium, may, for the purposes of subsection (2), at any time nominate to the Secretary an agent and specify an address for service of that agent in Hong Kong. (4) In this section "financier" (融资人) means any person who has provided credit or agreed to act as surety or guarantor for or otherwise provided financial support to the Company for the purposes of the project or to enable the Company to carry out its obligations under this Ordinance or the project agreement. (5) The arrangements referred to in subsection (2) may, without derogation from the generality of that subsection, include arrangements for the disposal of the rights of the Company to another person in accordance with section 6. (Enacted 1988) Cap 393 s 47 Revocation of the franchise (1) If- (a) the Secretary has reported to the Governor in Council that the Company has failed to comply with a notice served by him under section 46(2); or (b) it appears to the Governor in Council that the Company is in default,the Governor in Council may direct the Secretary to serve a notice under subsection (2). (2) The notice referred to in subsection (1) shall- (a) if given in relation to a default arising before the discharge date, be served on the persons specified in section 46(2)(a); and (b) if given in relation to a default arising on or after the discharge date, be given to the persons specified in section 46(2)(b),and shall specify whether it is given under subsection (1)(a) or (b) and, if given under subsection (1)(a), give particulars of the notice referred to in that subsection and brief particulars of the report of the Secretary and, if given under subsection (1)(b), specify the nature of the default, and shall require the Company to show cause in writing to the Governor in Council, within 28 days after the date of the service why he should not exercise his powers under subsection (4). (3) Any person upon whom a notice is served under subsection (2) and any other person who is a shareholder of the Company or a financier within the meaning of section 46 may, within the period specified in subsection (2), or such further period as the Governor in Council may allow, make representations to the Governor in Council, to show cause why the Governor in Council should not exercise his powers under subsection (4). (4) After considering any representations made under subsection (3) and if the Governor in Council is of the opinion that insufficient cause has been shown why the Governor in Council should not exercise his powers under this section, the Governor in Council may by order- (a) where it appears to the Governor in Council that a notice should have been served under section 46 and was not, or the terms of any notice served were unreasonable, direct the Secretary to serve a notice or, as the case may be, a further notice, under that section in such terms as the Governor in Council may determine unless it appears to the Governor in Council that the default is no longer capable of being remedied; or (b) in any other case, revoke the franchise.(5) Where the Governor in Council exercises his powers under subsection (4) he may further order that the franchise revoked be regranted to such other person (being a person willing and able to accept such re-grant) on such terms and conditions, being terms and conditions consistent with this Ordinance, as he may think fit, and upon the publication of that order in the Gazette such franchise shall vest in such other person and the provisions of this Ordinance shall apply to such person as being the Company. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！