【法规名称】
【法规编号】 68817 什么是编号？
【正 文】
第4页 CAP 393 TATE'S CAIRN TUNNEL ORDINANCE
|
[接上页] (Enacted 1988) Cap 393 s 15 Determination of date of completion For the purposes of section 14(1) the date when the Company shall be deemed to have completed the construction works shall be the road operating date. (Enacted 1988) Cap 393 s 16 Project agreement sufficient authority to carry out works (1) Subject to subsection (3) any construction works which are to be carried out under the project agreement and in accordance with any approval or exemption thereunder may be carried out without further authority notwithstanding anything to the contrary in any Ordinance: Provided that nothing in this section shall authorize anything to be done in contravention of section 13 of the Summary Offences Ordinance (Cap 228). (2) Subject to subsection (3) the Buildings Ordinance (Cap 123) shall not apply in relation to the construction works. (3) The Secretary for Housing, Planning and Lands may, by notice in the Gazette, apply the Buildings Ordinance (Cap 123), or any provision thereof, to any of the construction works: (Amended 23 of 2002 s. 126) Provided that nothing in this subsection shall apply to any such works which are civil engineering works. (Enacted 1988) Cap 393 s 17 Defects PART VI CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT OF THE CONSTRUCTION WORKS: REGULATIONS (1) The Company shall be liable at all times until the expiration or revocation of the franchise to make good any defect in the construction works as soon as practicable after the defect becomes apparent and to the reasonable satisfaction of the Director. (2) The Director may, by notice in writing, require the Company to effect such works as he considers necessary to make good any defect that it is liable to make good under this section and any damage to the construction works arising from such defect. (3) Nothing in this section shall impose any liability on the Company to- (a) undertake any work or remedy any defect or damage to the construction works arising from such defect, beyond the work reasonably required to remedy such defect or damage; or (b) remedy any defect which does not, or is unlikely to, adversely affect the design life, operation, use or safety of the construction works. (Enacted 1988) Cap 393 s 18 Repair of tunnel and road works (1) The Company shall keep in a state of repair until the expiration or revocation of the franchise and to the satisfaction of the Director- (a) the tunnel; and (b) all works, whether within or outside the tunnel, which it has the right to keep in place under section 4(1)(c).(2) The Director may, by notice in writing, require the Company to effect such repairs and alterations to the structures or works it is required by subsection (1) to keep in a state of repair as he considers necessary for the proper repair thereof and for the obviation of fire and other hazards therein. (Enacted 1988) Cap 393 s 19 Provisions supplementary to sections 17 and 18 (1) Where any works are effected by the Company under section 17 or 18, the provisions of section 16 and the project agreement shall apply in respect of the carrying out of such works as though the same were the carrying out of the construction works with such modifications as the circumstances of the case may require or as the Director may determine. (2) The Director shall not exercise his powers under section 17 or 18 in such manner as would require the Company to carry out any works to a standard which is substantially higher than that- (a) required by- (i) any relevant approval or exemption under the project agreement; or (ii) standards generally prevailing, when the construction works were first carried out;(b) which may be reasonably justified having regard to the age of the construction works at the time when such works as so required are to be carried out.(3) If the Company fails to comply with any requirement of the Director under section 17 or 18 within a reasonable time after the receipt of notice of the requirement, the Director may effect the necessary works. (4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying out of any works which the Company is required by section 17 or 18 to carry out, he may require the Company to effect the same forthwith or, if he thinks fit, he may forthwith effect the same with or without notice to the Company. (5) The expense of any works carried out under section 17 or 18 shall be borne by the Company and, where any such works are effected by the Director, the expense thereof shall be recoverable from the Company by the Government as a civil debt. (Enacted 1988) Cap 393 s 20 Closure of tunnel (1) The Company may, and if required by the Director shall, close or partially close the tunnel whenever this is necessary to enable any works to be effected by reason of any obligation imposed by this Part. (2) The Company shall not, except in an emergency, effect any such closure under subsection (1) without prior notification in writing to the Commissioner where any road traffic lane is to be closed. |
- 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！