【法规名称】
【法规编号】 68817 什么是编号？
【正 文】
第12页 CAP 393 TATE'S CAIRN TUNNEL ORDINANCE
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[接上页] (2) On receipt of a notice of appeal under subsection (1) the Governor- (a) shall, if the appeal is against any decision of the Director and the failure of the appeal would result in the Company being held to be in default under Part X or if it appears to the Governor that this would be a probable result of such failure, refer the appeal to arbitration under the Arbitration Ordinance (Cap 341); (b) subject to paragraph (a) may, where it appears to him that the issues raised by the appeal are matters of engineering practice, questions of the interpretation of the project agreement or other matters appropriately referred to arbitration, refer the appeal to arbitration under the Arbitration Ordinance (Cap 341),and, in any other case, the appeal shall be determined by the Governor in Council. (3) On an appeal under this section the Governor may give such instructions as he thinks fit as to the enforcement of the decision appealed against pending the determination or abandonment of the appeal but, subject to such instructions, such decision may, pending such determination or abandonment, be enforced as if no such appeal had been made. (4) The decision of the arbitrator or Governor in Council on an appeal under this section shall be final. (5) In this section- "decision" (决定) means any requirement, determination or direction made, or the withholding of any consent or approval (including the refusal to grant time under section 14(1)(b) as read with the project agreement), by the Secretary, the Director or the Commissioner under this Ordinance other than the exercise by the Secretary of his powers under section 46, and this section shall apply to any such decision. (Enacted 1988) Cap 393 s 54 Non-derogation from Government's rights (1) Nothing in this Ordinance or the project agreement shall affect any rights which the Government or any servant or agent thereof may have to enter upon any land affected by the construction works and do anything thereon which he might have done if those works had not been undertaken except to the extent that the exercise of such rights is limited by any express provision of this Ordinance or that agreement or by necessary implication from their provisions. (2) Nothing in subsection (1) shall enable the Government, its servants or agents to exercise any such rights as are referred to in that subsection in a manner which would derogate from any rights granted to the Company under this Ordinance. (Enacted 1988) Cap 393 s 55 Certificate as to moneys owing to the Government Where under this Ordinance any person becomes liable for the payment of money to the Government a certificate purporting to be signed by the Director as to the amount owing shall be evidence of that amount and, subject to any provision to the contrary in this Ordinance, the amount specified in that certificate shall become payable by the person so liable upon presentation of that certificate to him. (Enacted 1988) Cap 393 s 56 Limitation of public liability No liability shall be imposed upon the Government or any public officer by reason of the fact that the construction works are carried out in accordance with this Ordinance and the project agreement or that the construction works or the designs, structural details, calculations, method and programme of construction and conditions of contract relating thereto are subject to inspection or approval by a public officer under the project agreement, nor shall anything in this Ordinance or the project agreement make it obligatory for the Director or the Commissioner to inspect the construction works to ascertain that the provisions of this Ordinance or the project agreement are complied with or that any designs, structural details, calculations, or other documents, certificates and notices submitted to him are accurate. (Enacted 1988) Cap 393 s 57 Director to give effect to the project agreement Where this Ordinance confers a discretion or authority upon the Director he shall, in addition to taking into consideration any matters which he is by this Ordinance required or permitted to take into consideration and other proper matters, exercise that discretion or authority so as to give effect to the terms of the project agreement. (Enacted 1988) Cap 393 SCHEDULE [sections 4, 27, 36, 37 & 39] TATE'S CAIRN TUNNEL TOLLS Category Vehicle Toll 1. Motorcycles, motor tricycles ................................................................. $10 2. Private cars, electrically powered passenger vehicles, taxis ..................... $10 3. Public and private light buses ................................................................ $17 4. Light goods vehicles and special purpose vehicles of a permitted gross vehicle weight not exceeding 5.5 tonnes ................................................. $17 5. Medium goods vehicles and special purpose vehicles of a permitted gross vehicle weight of or exceeding 5.5 tonnes but not exceeding 24 tonnes .... $20 6. Heavy goods vehicles and special purpose vehicles of a permitted gross vehicle weight of or exceeding 24 tonnes but not exceeding 38 tonnes ..... $20 7. Public and private single-decker buses ................................................... $20 8. Public and private double-decker buses .................................................. $20 9. Each additional axle in excess of 2 ......................................................... $13 (Enacted 1988. Amended L.N. 112 of 1995; L.N. 429 of 1996; L.N. 312 of 1999) |
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