【法规名称】
【法规编号】 68817 什么是编号？
【正 文】
第11页 CAP 393 TATE'S CAIRN TUNNEL ORDINANCE
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[接上页] (6) An order made under- (a) subsection (4)(a) shall be directed to the Secretary and a copy thereof shall be attached to the Secretary's notice under section 46(2); (b) subsection (4)(b) shall be served on- (i) the Company and the guarantors if the default takes place prior to the discharge date; or (ii) the Company in any other case,and shall, as soon as practicable thereafter, be published in the Gazette. (Enacted 1988) Cap 393 s 48 Effect of winding up of the Company, termination of franchise, etc. (1) All rights and obligations of the Company under this Ordinance shall determine on- (a) the commencement of the voluntary winding up of the Company, otherwise than for the purposes of an assignment in accordance with section 6, at any time prior to the discharge date; (b) the making of a winding up order in respect of the Company prior to the discharge date; (c) the revocation of the franchise under section 47(4)(b); or (d) on the expiration of the period specified in section 4(2),whichever event first occurs. (2) Upon the determination of the rights and obligations of the Company under this section the assets of the Company shall vest in the Government. (Enacted 1988) Cap 393 s 49 Liability of the Company and amount payable by the Government on the vesting in it of its assets (1) On the determination of the rights and obligations of the Company under section 48(1), the Company shall thereupon be liable, in addition to the payment of all other sums due to the Government, to pay- (a) all sums payable under the project agreement; and (b) any expenses which may be incurred by the Government- (i) in putting any land and any incomplete construction works in a satisfactory order to enable the construction works either to be maintained in a state in which they can be continued at a future time or abandoned as the Director may determine, including any costs of land restoration; and (ii) in putting the construction works in a safe condition.(2) Subject to subsection (4) and section 50 on the determination of the rights and obligations of the Company under section 48(1), the Government shall be liable to pay to the Company in respect of the assets of the Company vesting in the Government under section 48(2) such amount as may be agreed between the Government and the Company as representing the value of such assets to the Government at the time of vesting or, in default of such agreement, such amount as may be determined by arbitration under the Arbitration Ordinance (Cap 341). (3) In determining the value for the purposes of subsection (2) where the vesting of the assets in the Government is in consequence of a default, there shall be deducted from what would, but for this subsection, be the value of the assets, such amount as may be agreed or determined in accordance with the provisions of that subsection for- (a) damages occasioned to the Government by such default calculated on the basis that the construction works had been, or are to be, constructed, for the beneficial use of the Government and that the Government is the franchise holder under Part II; (b) the costs to the Government of obtaining the forfeiture of the franchise under this Part.(4) No amount shall be payable to the Company under subsection (2) upon the determination of the rights and obligations of the Company under section 48(1)(c) where the revocation of the franchise was on the grounds that the Company had failed or appeared likely to fail to complete the construction works within the period or extended period allowed by section 14. (Enacted 1988) Cap 393 s 50 Reimbursement of Company upon expiration of franchise No compensation shall be payable by the Government to the Company upon the expiration of the period specified in section 4(2), save that the Government shall pay to the Company the reduced value of any machinery, equipment or plant forming part of the assets (such value being calculated in accordance with Part VI of the Inland Revenue Ordinance (Cap 112)) purchased by the Company with the agreement of the Financial Secretary within the 5 years next preceding the expiration of the period of the franchise and owned by the Company on such expiration. (Enacted 1988) Cap 393 s 51 Government not liable for Company's debts Any vesting of the assets of the Company in the Government under this Part shall not thereby render the Government liable for any debts of the Company. (Enacted 1988) Cap 393 s 52 Meaning of "assets" (戈玻) In this Part, "assets" (资产) means the structure of the tunnel and all buildings, machinery, equipment and plant ancillary to the construction, operation and maintenance of the tunnel. (Enacted 1988) Cap 393 s 53 Appeal by the Company PART XI SUPPLEMENTARY (1) If the Company is aggrieved by any decision to which this section applies it may within 14 days of the notification to it of that decision, or such longer period as the Governor may allow, appeal against such decision by giving written notice to the Governor that it appeals against such decision and in that notice specifying the grounds upon which the appeal is based. |
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