【法规名称】
【法规编号】 68889 什么是编号？
【正 文】
第5页 CAP 368 ROAD TUNNELS (GOVERNMENT) ORDINANCE
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[接上页] Cap 368 s 21 Saving Nothing in this Ordinance shall be taken to restrict, derogate from or otherwise interfere with any power or duty, or the exercise or performance of any power or duty, conferred or imposed by or under any law upon any person in the service of the Crown. (Added 63 of 1991 s. 9) Cap 368 s 22 Advertising in road tunnel (1) Part IX of the Public Health and Municipal Services Ordinance (Cap 132) and the Advertisements Regulation (Cap 132 sub. leg.) shall not apply to the use of any part of a tunnel for advertising purposes. (Amended 78 of 1999 s. 7) (2) The Authority may use or permit the use of any part of a tunnel for advertising purposes on such terms and conditions and for such period as he thinks fit. (Added 63 of 1991 s. 9) Cap 368 s 22A Remunerations, etc., under management agreements (1) Where the terms of an agreement entered into by an operator with the Government for the management of a tunnel to which this Ordinance applies have been approved by the Financial Secretary for the purposes of this section, those parts or percentages of any moneys raised or received for the purposes of the Government under the agreement which the operator is entitled under the agreement to retain by way of remuneration or reimbursement shall not form part of the general revenue for the purposes of section 3(1) of the Public Finance Ordinance (Cap 2). (2) Subsection (1) applies in relation to an agreement entered into before the commencement of section 6 of Schedule 3 to the Roads and Tunnels Legislation (Miscellaneous Amendments) Ordinance 1999 (29 of 1999) as it applies in relation to an agreement entered into on or after that commencement, but nothing in this section shall be construed as applying to any moneys raised or received for the purposes of the Government before the date of the approval of the Financial Secretary under subsection (1). (Added 29 of 1999 s. 2) Cap 368 SCHEDULE [section 3] Aberdeen Tunnel. Airport Tunnel. * Cross-Harbour Tunnel. (Added 44 of 1999 s. 31) Lion Rock Tunnel. Shing Mun Tunnels. Tseung Kwan O Tunnel. (Replaced L.N. 421 of 1989. Amended L.N. 314 of 1990)___________________________________________________________________ Notes: * 1. Section 31 of the Revenue Ordinance 1999 (44 of 1999) added the Cross-Harbour Tunnel into this Schedule, while sections 45 and 46 of that Ordinance repealed the Cross-Harbour Tunnel Ordinance (Cap 203), the Cross-Harbour Tunnel (Passage Tax) Ordinance (Cap 274) and all their subsidiary legislation. 2. Section 47 of the Revenue Ordinance 1999 (44 of 1999) provides as follows: "47. Power to make regulation for consequential amendments, etc. The Secretary for Transport may by regulation provide for such consequential amendments (whether made to the provisions of any Ordinance or to the provisions of any subsidiary legislation), and such savings and transitional arrangements, as are required or expedient consequent on the repeal under sections 45 and 46.". 3. The Repeal of Cross-Harbour Tunnel Ordinance and Cross-Harbour Tunnel (Passage Tax) Ordinance (Savings, Transitional and Consequential Provisions) Regulation (L.N. 198 of 1999), which was made under section 47 of the Revenue Ordinance 1999 (44 of 1999), contains the following saving and transitional provisions: "2. Saving (1) All royalty payments, tolls, fees, passage tax payments or compensation that remain to be payable or refundable (as the case may be) under either or both of the repealed Ordinances immediately before 1 September 1999 shall continue to be payable or refundable (as the case may be) as if the repealed Ordinances had not been repealed. (2) All investigations, legal proceedings or remedies in respect of- (a) any royalty payments, tolls, fees, passage tax payments and compensation mentioned in subsection (1); and (b) a relevant offence,may be instituted, continued or enforced, and any penalty or punishment in respect of such offence may be imposed as if the repealed Ordinances had not been repealed. (3) The provisions of the Road Traffic (Driving-offence Points) Ordinance (Cap 375) shall continue to apply in respect of a relevant offence as if the repealed Ordinances had not been repealed. (4) Notwithstanding the repeal of the repealed Ordinances, the provisions of section 18E of the Magistrates Ordinance (Cap 227) shall continue to apply in respect of a relevant offence. (5) The obligations of The Cross-Harbour Tunnel Company, Limited to keep records under either or both of the repealed Ordinances shall continue to be subsisting and enforceable as if the repealed Ordinances had not been repealed. (6) In this section- (a) "relevant offence" (有关罪行) means an offence under either or both of the repealed Ordinances committed or alleged to be committed on or before 31 August 1999; (b) "the repealed Ordinances" (已废除条例) means the Cross-Harbour Tunnel Ordinance (Cap 203) and the Cross-Harbour Tunnel (Passage Tax) Ordinance (Cap 274). 3. Transitional Any sign erected in the Cross-Harbour Tunnel before 1 September 1999 under the Cross-Harbour Tunnel Ordinance (Cap 203) and which is in force immediately before that date shall, for so long as it continues to comply with that Ordinance as in force immediately before that date, be deemed to have the same effect as if that Ordinance had not been repealed. 4. Provisions not to derogate from section 23 of the Interpretation and General Clauses Ordinance The provisions of this Regulation are in addition to and not in derogation from section 23 of the Interpretation and General Clauses Ordinance (Cap 1).". |
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