【法规名称】
【法规编号】 68921 什么是编号？
【正 文】
第10页 CAP 230 PUBLIC BUS SERVICES ORDINANCE
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[接上页] (i) any premises provided and maintained in accordance with section 19 within the period of 3 months immediately prior to the service of a notice on the company under section 24(1) or within the period of 3 months ending with the expiry of the franchise period (as the case may be); (ii) any property (other than premises mentioned in paragraph (i)) used or kept by the company for the purposes of or in connection with its revoked or expired franchise within that period,and the Government may take possession of such property as from the time that the notice has effect. (2) A notice served and published in accordance with subsection (1) shall have effect- (a) where the notice was served and published prior to the revocation of the franchise or the expiry of the franchise period, as from such revocation or expiry; (b) in any other case, as from the time of its service and publication.(3) Subject to subsection (8), any property taken possession of under subsection (1)- (a) may be retained by the Government for such periods not exceeding 3 years in aggregate, and not exceeding 2 years in the case of any one such period, as the Chief Executive in Council may direct; and (Amended 62 of 1999 s. 3) (b) may during its retention be used by the Government or its nominee, or by a third party designated by the Government for the purposes of this subsection, in the operation of such bus service as the Commissioner thinks fit.(4) Subject to subsection (8), where possession is taken under subsection (1) of any property, a person having for the time being the right to possession over the property during its retention by the Government under subsection (3) shall be entitled to compensation as provided in subsections (5) to (7). (5) The compensation payable under subsection (4) shall be an amount equal to the open market rental that a willing lessor might be expected to realize under a lease of the property on the following terms, that is to say a lease- (a) for the period specified in the notice given under subsection (1) as the period of the Government's intended possession of the property and terminable by the lessee on giving 3 month's notice; (b) which is subject to terms and conditions similar to the provisions applying by virtue of section 25A in respect of possession of the property under this section; (c) under which the rental is payable monthly in arrears.(6) For the purposes of subsection (5)- (a) in the case of property being a number of motor vehicles, reference to the open market rental shall be taken to be reference to the open market rental that a lessor might be expected to realize in respect of that number of vehicles leased as a single lot; (b) in the case of property being land or buildings on land- (i) no regard shall be had to any improvements made to the property- (A) after notice has been served on the company under section 24(1); or (B) within a period of 1 year before the expiry of the franchise period, as the case may be, except that sub-subparagraph (B) shall not apply as regards any improvements made with the prior written approval of the Commissioner given for the purposes of this section; and(ii) reference to a lease of the property shall be construed as reference to a lease on terms prohibiting the use of the property other than in accordance with the terms of any Government lease under which the land is held. (Amended 29 of 1998 s. 105)(7) Notwithstanding subsection (5)- (a) the compensation payable in respect of property being spare parts and other consumables shall be an amount equal to the difference in book value of the stock of such consumables taken over the period of the Government's possession of the property under subsection (3); (b) the compensation payable in respect of property being the fixed assets of the franchisee (including plant and machinery) other than motor vehicles and land or buildings on land shall be an amount equal to the depreciation in the value of the property over the period of the Government's possession of the property under subsection (3) as calculated at the rate of depreciation applicable in respect of that property for the purposes of section 30,and any such compensation shall be payable at the end of that period of possession. (8) The liability of the Government under subsection (4) to pay compensation to any person shall cease to accrue, and its right to retain possession of any property under subsection (3) shall terminate- (a) at the expiry of the period specified in the notice given under subsection (1) as the period for which the Government intends to retain possession of the property, or at the expiry of any extension of that period that the Government may specify by notice under this paragraph published in the Gazette; or (b) on such earlier date as the Government may specify by notice under this paragraph published in the Gazette, being a date not earlier than 3 months after the date of publication of the notice.(9) Compensation payable under this section shall, unless otherwise stated, be payable monthly in arrears. |
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