【法规名称】
【法规编号】 68921 什么是编号？
【正 文】
第2页 CAP 230 PUBLIC BUS SERVICES ORDINANCE
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[接上页] (i) persons arriving in or intending to leave Hong Kong by aircraft, railway, ferry vessel, ship or motor vehicle; (ii) persons meeting or accompanying the persons referred to in sub-paragraph (i); or (iii) persons employed by an airline or the agent of an airline, or by any travel, shipping or railway agent; (Replaced 44 of 1984 s. 5)(c) an hotel service, that is to say, a service for the carriage of passengers residing at an hotel where every passenger is taken up or set down at the hotel; (d) a student service, that is to say, a service for the carriage to or from a school, university or other educational establishment of students thereof, persons accompanying or in charge of such students or who teach at the school, university or other educational establishment; (e) an employees' service, that is to say, a service provided by an employer for the carriage to or from their place of work of passengers who are persons employed by him; (Amended 44 of 1984 s. 5) (f) a residents' service, that is to say, a service approved by the Commissioner, after considering the interests of any grantee franchised to operate over any part of the route to be covered by the service and any other relevant matter, and provided by or on behalf of the management, residents or owners of any residential development for the carriage of passengers to or from the residential development; (Added 44 of 1984 s. 5) (g) a multiple transport service, that is to say, a service (other than a service provided mainly for the carriage of passengers to or from a residential development) in which no passenger is a person who frequently or as a matter of routine travels, at or about the time of day at which the journey is to be made, to or to the vicinity of a place from or through which the journey is made, approved by the Commissioner, after considering the interests of any grantee franchised to operate over any part of the route to be covered by the service and any other relevant matter, for the carriage of passengers by a public bus service in combination with carriage by another mode or modes of public transport service from one departure point to one destination and where a combined fare is paid for the whole journey, single or return, at a place other than at the boarding point of the bus or on the bus. (Added 44 of 1984 s. 5. Amended 66 of 1984 s. 13)(4) For the purposes of this Ordinance, a payment made by a person entitling him to be carried as a passenger in a bus shall be treated as a separate fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made. Cap 230 s 5 Grant of franchises Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Subject to this Ordinance, the Chief Executive in Council may grant to any company registered under the Companies Ordinance (Cap 32) the right to operate a public bus service on such routes as he specifies by order. (2) A franchise may confer on the grantee the exclusive right to operate a service on any specified route. (3) A franchise- (a) may be granted following a public tender or in such other manner as the Chief Executive in Council thinks fit; (b) shall, except where the Legislative Council by resolution excludes the application of all or any of the provisions of the profit control scheme, be subject to the profit control scheme; (c) shall be subject to such conditions as the Chief Executive in Council specifies; and (d) shall prescribe whether it may be extended under section 6(2) or (3).(4) Without prejudice to any other provision of this Ordinance, a franchise may, with the consent of the grantee, be amended by the Chief Executive in Council. (5) A franchise may, with or without the consent of the grantee, be amended by the Chief Executive in Council by order in the Gazette so as to restrict or prohibit the taking up or setting down of passengers within the North-west Transit Service Area or, where the boundaries of that Area are varied under section 2(3) of the Kowloon-Canton Railway Corporation Ordinance (Cap 372), to alter such a restriction or prohibition to take account of such variation. (Added 56 of 1986 s. 22) (6) Where an amendment to a franchise is made under subsection (5) without the consent of the grantee, the grantee shall be entitled to compensation for the loss of any permitted return (as defined in Part V) on any investment which the grantee may reasonably have been expected to make had the franchise not been so amended, subject to the deduction from that permitted return of any sum required to be deducted under sections 28 and 29. (Added 56 of 1986 s. 22) (7) In determining any compensation payable under subsection (6) account shall be had of any opportunity which the grantee may have had to mitigate his loss and to the effect the construction and operation of the North-west Railway under the Kowloon-Canton Railway Corporation Ordinance (Cap 372) would have had on the operations of the grantee (being an effect for which no compensation is payable) had his franchise not been amended. (Added 56 of 1986 s. 22) |
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