【法规名称】
【法规编号】 68817 什么是编号？
【正 文】
第2页 CAP 393 TATE'S CAIRN TUNNEL ORDINANCE
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[接上页] (Enacted 1988) Cap 393 s 3 Variation of plan (1) The Commissioner may, with the agreement of the Company, cause the boundaries of the tunnel area to be varied from time to time. (2) Where any such boundaries are so varied, the Commissioner shall prepare a new plan fixing the location of and delineating the tunnel area. (3) Every new plan prepared in accordance with subsection (2) shall be numbered, dated, signed by the Commissioner and deposited in the Land Registry. (Amended 8 of 1993 s. 2) (4) Whenever a new plan is deposited under subsection (3), the Commissioner shall cause a notification of such deposit to be published in the Gazette. (Enacted 1988) Cap 393 s 4 The franchise PART II THE FRANCHISE (1) Subject to this Ordinance, the Company shall have the franchise to- (a) construct the tunnel; (b) construct all other works comprised in the project; (c) keep in place the works referred to in paragraphs (a) and (b), (other than works which are, under the project agreement, to be handed over to the Government) for the purpose specified in paragraph (d) and for the period specified in subsection (2); and (d) operate the tunnel area for the public, upon payment to the Company of the tolls specified in Part VIII and the Schedule, from the road operating date until the expiry of the period specified in subsection (2).(2) The period referred to in subsection (1) is the period that commences at the start of construction and ends on the thirtieth anniversary of the start of construction. (Enacted 1988) Cap 393 s 5 Effect of franchise The franchise shall include all way leaves and other rights necessary to render such franchise effective but, subject thereto, nothing in that section shall be construed as conferring on the Company any title, right or interest in the land on which the construction works are, or are to be, constructed. (Enacted 1988) Cap 393 s 6 Prohibition on assignment, etc. of franchise rights PART III ASSIGNMENTS, MORTGAGES, ETC. (1) Subject to section 7 the Company shall not assign, subgrant, underlet or otherwise dispose of its rights under this Ordinance or enter into any agreement for such disposal except with the prior consent of the Governor in Council and in accordance with the terms of his consent: Provided that where such disposal is necessary or desirable to enable effect to be given to any arrangements entered into for the purpose of complying with any notice given under section 46 and the Governor in Council is satisfied that- (a) the arrangements are adequate for the purpose; and (b) the person to whom the rights are to be disposed is a person in whom such rights may properly be vested or to whom such rights may properly be transferred,such consent shall not be withheld. (2) The Secretary shall give notice in the Gazette of the date of any disposal authorized under subsection (1), the name of the person to whom the rights are disposed, the nature of the disposal and the date thereof. (Enacted 1988) Cap 393 s 7 Mortgages and charges (1) Nothing in section 6 shall prevent the Company from securing the payment or repayment of any moneys owing by it under any agreement or arrangement entered into for the purpose of providing moneys to finance- (a) the designing and carrying out of the construction works; (b) the undertaking of any obligation imposed on the Company by this Ordinance or the project agreement; or (c) such other purposes as the Financial Secretary may, by prior notice in writing to the Company, permit,by means of any assignment by way of mortgage or other charge or similar arrangement of the rights granted to it under this Ordinance: Provided that no such mortgage or charge in so far as it relates to such rights, shall be enforced, whether by order of any court or otherwise, except with the consent of the Governor in Council and in accordance with the terms of his consent. (2) Nothing in section 6 or subsection (1) shall apply to any mortgage, charge, assignment or other arrangement entered into by the Company, which secures any debt or obligation of the Company upon the right to receive the tolls under Part VIII. (3) Where the enforcement of any mortgage or charge to which subsection (1) applies has the effect of transferring the franchise from a person who was the Company, immediately prior to the transfer, to any other person who thereby becomes the Company, the Secretary shall give notice thereof in the Gazette. (4) A notice under subsection (3) shall specify the name of such other person and the date of the transfer. (Enacted 1988) Cap 393 s 8 Directors and paid up share capital of the Company PART IV PROVISIONS RELATING TO THE COMPANY (1) A majority of the directors of the Company shall be persons who are 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 other instrument, to appoint 2 directors to the board of the Company. |
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