【法规名称】
【法规编号】 68817 什么是编号？
【正 文】
第7页 CAP 393 TATE'S CAIRN TUNNEL ORDINANCE
|
[接上页] (Enacted 1988) Cap 393 s 35 Power to make by-laws (1) Subject to this Ordinance, the Company may make by-laws for all or any of the following matters- (a) order and safety, public health, and the prevention and abatement of nuisances in the tunnel area; (b) the control, restriction and safety of traffic in the tunnel area; (c) the regulation of the speed of traffic using the tunnel area; (d) the regulation of the types, dimensions, condition and loading of vehicles which may use the tunnel area; (e) the regulation of the use by vehicles in the tunnel area of lights, horns, sirens and other equipment; (f) the regulation and prevention of the carriage into or through the tunnel area of any offensive, noxious or dangerous goods; (g) the collection of tolls in respect of the use of the tunnel; (ga) the regulation of the use of automatic toll collection facilities; (Added 50 of 1993 s. 2) (h) the purchase, issue and collection of toll tickets in respect of such use; (i) the towing away or removal of any vehicle or thing causing obstruction in the tunnel area and the imposition of charges in respect of any such towage or removal and of any storage, detention or service of such vehicle or thing; (j) the protection of any property owned or controlled by the Company from damage or injury; (k) the employment and organization of personnel provided by the Company for the control, restriction and safety of traffic in the tunnel area and approach roads; (l) any other conditions subject to which the tunnel area may be used by the public for the passage of motor vehicles; and (m) any other matter relating to the control, operation and management of the tunnel area which it is necessary or expedient to provide for.(2) Where a by-law made under subsection (1) provides for the issue of a permit for any purpose, the by-law may prescribe a fee to be paid in respect of such permit. (3) All by-laws made under subsection (1) shall be subject to the approval of the Legislative Council. (4) Any by-laws made under subsection (1) may provide that a contravention of specified provisions thereof shall be an offence and may provide penalties therefor not exceeding a fine of $2000. (5) The Company shall cause printed copies of all by-laws made under this section to be kept at the registered office of the Company and to be available for sale at a reasonable charge to every person applying therefor. (6) The Legislative Council may by resolution amend the amount specified in subsection (4). (Enacted 1988) Cap 393 s 36 Company to charge approved tolls for use of tunnel PART VIII COLLECTION OF TOLLS (1) Subject to this Ordinance, the Company may demand and collect tolls in respect of the passage of motor vehicles through the tunnel. (2) The tolls that may be collected under subsection (1) shall be those specified in the Schedule. (3) The tolls specified in the Schedule may be varied- (a) by agreement between the Governor in Council and the Company; or (b) in default of agreement by submission of the question of the variation of tolls to arbitration under the Arbitration Ordinance (Cap 341) by either the Governor in Council or the Company.(4) On a submission to arbitration under subsection (3), the arbitrators shall be guided by the need to ensure that the carrying out by the Company of its obligations, or the exercise of its rights, under this Ordinance is reasonably but not excessively remunerative to the Company, having regard to- (a) any material change in the economic conditions of Hong Kong since the enactment of this Ordinance or, as the case may be, since tolls were last determined under this section; (b) the dismissal of any appeal by the Company made under section 53; (c) any material change in any other circumstances affecting the exercise by the Company of its rights under the franchise; (d) the effect of the introduction of, or alteration in, any tax or levy imposed on the use of the tunnel; (e) the project agreement; and (f) any other relevant matter.(5) In determining for the purposes of subsection (4) whether the carrying out by the Company of its obligations, or the exercise of its rights has been reasonably but not excessively remunerative to the Company, the arbitrators shall, if there has been any failure by a guarantor under the further guarantee agreement to comply with the terms of that agreement, deem the Company to be in the financial position it would have been in had the further guarantee agreement been honoured, and subject to this subsection nothing in that subsection shall be deemed to render such failure a relevant matter which the arbitrators may take into consideration. (6) Where under subsection (3)- (a) the Governor in Council and the Company agree to a variation of the tolls; or (b) in an award pursuant to a submission to arbitration it is determined that the tolls should be varied,the tolls specified in the Schedule shall be varied in compliance with such agreement or award, as the case may be. |
- 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！