【法规名称】
【法规编号】 68817 什么是编号？
【正 文】
第3页 CAP 393 TATE'S CAIRN TUNNEL ORDINANCE
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[接上页] (3) On the road operating date the issue and fully paid up share capital of the company shall be $600000000. (Enacted 1988) Cap 393 s 9 Royalty payments (1) The Company shall pay to the Government a royalty at the rate of- (a) 2.5 per cant of the operating receipts for a period of 5 years after the road operating date; and (b) thereafter, for the duration of the franchise, 5 per cent of the operating receipts.(2) The Company shall pay to the Government a further royalty at the rate of- (a) 15 per cent of the net operating receipts in excess of the projected net operating receipts for a period of 5 years after the road operating date; and (b) thereafter, for the duration of the franchise, 30 per cent of the net operating receipts in excess of the projected net operating receipts.(3) Payment of such royalty or further royalty, as the case may be, shall be due in respect of each period of- (a) 6 months or part thereof, in the case of the royalty payable under subsection (1); and (b) 12 months or part thereof, in the case of the further royalty payable under subsection (2),during which the franchise exists, commencing with the road operating date, and shall be paid within 60 days of the end of each such period. (4) The acceptance by the Government of any sum tendered by the Company in accordance with this section shall not prevent the Government from claiming a further sum in respect of the same year or any adjustment appearing to be due or necessary on any subsequent examination of the books and accounts and other material furnished by the Company for inspection under section 34. (5) The payment by the Company of any sum in accordance with this section shall not prevent the Company from claiming a refund in respect of the overpayment made by the Company and proved to the satisfaction of the Financial Secretary. (6) In this section- "net operating receipts" (净营运收入) means the operating receipts reduced by the royalty payable in respect of those receipts under subsection (1); "operating receipts" (营运收入) means the total gross sums received by the Company in respect of- (a) the tolls as fixed or varied under section 36, as the case may be; (b) any charges imposed or other benefits obtained by the Company under section 32; and (c) any other authorized charges imposed by the Company under this Ordinance;"projected net operating receipts" (预计净营运收入) means the projected operating receipts for each year during which the tunnel area is operated by the Company under the franchise as set out in the project agreement, reduced by the royalty under subsection (1) which would be payable in that year upon such receipts. (Enacted 1988) Cap 393 s 10 Powers of Financial Secretary in relation to royalty For the purpose of ascertaining the royalty or further royalty payable under section 9, the Company shall permit the Financial Secretary, and any person authorized in writing by him, to inspect at all reasonable times all books of account, vouchers, receipts and all other records of the Company (including all records maintained by the Company in accordance with section 34) and to make extracts from any such documents and to take away any such documents for further examination. (Enacted 1988) Cap 393 s 11 Tax provisions For the purposes of Part VI of the Inland Revenue Ordinance (Cap 112) the Company shall throughout the continuance of the franchise be deemed to be the owner of and to have the relevant interest in the works which it has the right to keep in place under section 4(1)(c). (Enacted 1988) Cap 393 s 12 Construction works to be carried out at the expense of the Company PART V CONSTRUCTION OF THE TUNNEL The Company shall, at its own expense, carry out the construction works in accordance with the project agreement and this Ordinance. (Enacted 1988) Cap 393 s 13 Start of construction (1) The Company shall not commence the construction works before such date as may be agreed between the Director and the Company or, in the absence of agreement, as the Director may determine. (2) The Director shall cause a notice to be published in the Gazette specifying the date of commencement of the construction works as agreed or determined under subsection (1). (Enacted 1988) Cap 393 s 14 Period within which works must be completed (1) Subject to this section, the Company shall complete the construction works within 37 months from the start of construction or within such extended period as may- (a) be approved by the Governor in Council; or (b) be granted by the Director on the grounds specified in the project agreement and in accordance with that agreement.(2) If the Company fails, or appears to be likely to fail, to complete the construction works within the period specified in subsection (1), the Governor in Council shall, in considering whether or not to exercise its powers under subsection (1), take into account the extent to which the construction works have been carried out and whether such failure was or is occasioned by circumstances beyond the control of the Company (the want of sufficient funds not being regarded as a circumstance beyond its control). |
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