【法规名称】
【法规编号】 68921 什么是编号？
【正 文】
第3页 CAP 230 PUBLIC BUS SERVICES ORDINANCE
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[接上页] (8) Compensation payable under subsection (6) shall be in such amount as may be agreed between the Commissioner and the grantee or, in the event of a failure to agree, as may be determined by arbitration under the Arbitration Ordinance (Cap 341) and, for the purposes of that Ordinance, the reference in this subsection to arbitration shall be deemed to be a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by the grantee and one by the Commissioner. (Added 56 of 1986 s. 22) (9) The powers conferred on the Chief Executive in Council by subsection (5) shall cease to be exercisable after a period of 20 years from the commencement* of the Kowloon-Canton Railway Corporation (Amendment) Ordinance 1986 (56 of 1986) or such further period or periods as may be authorized by resolution of the Legislative Council. (Added 56 of 1986 s. 22) (Amended 62 of 1999 s. 3)___________________________________________________________________ Notes: 1. The Orders made under section 5(1) of the Ordinance specifying Schedules of routes in respect of the China Motor Bus Company Limited, the Kowloon Motor Bus Company (1933) Limited, the New Lantao Bus Company (1973) Limited, the Citybus Limited, Long Win Bus Company Limited and New World First Bus Services Limited have not been included in this Edition. For details of these Orders see L.N. 353 of 1991, L.N. 117 of 1997 and L.N. 119 of 1997, L.N. 70 of 2001, L.N. 71 of 2001, L.N. 72 of 2001, L.N. 73 of 2001, L.N. 74 of 2001, L.N. 75 of 2001, L.N. 60 of 2003, L.N. 61 of 2003, L.N. 62 of 2003, L.N. 63 of 2003, L.N. 64 of 2003 and L.N. 65 of 2003, published in the Gazette. 2. Resolutions of the Legislative Council under s. 5(3)(b) of the Ordinance have not been included in this Edition. For details of these resolutions see L.N. 254 of 1991, L.N. 254 of 1993, L.N. 255 of 1993, L.N. 19 of 1995, L.N. 546 of 1995, L.N. 249 of 1996@, L.N. 70 of 1997@, L.N. 71 of 1997@, L.N. 72 of 1997@, L.N. 425 of 1997, L.N. 284 of 1998, L.N. 20 of 2003, L.N. 21 of 2003 and L.N. 22 of 2003. @ These resolutions have been amended by the Adaptation of Laws (No. 25) Ordinance 1999 (62 of 1999), Schedule 3, items 21 to 24.* In operation on 1.11.1986. Cap 230 s 6 Periods of grants and extensions thereof (1) A franchise may be granted for a period not exceeding 10 years, and in calculating a franchise period no account shall be taken of any change from time to time in the specified routes. (2) If, not less than 15 months before the expiry of the period for which a franchise was granted under subsection (1), the grantee has by notice in writing to the Chief Secretary for Administration requested an extension of such period, the Chief Executive in Council may, if he is satisfied that the grantee is capable of maintaining a proper and efficient service, extend the franchise for a further period not exceeding 5 years. (Amended 44 of 1984 s. 6; 82 of 1995 s. 2; L.N. 362 of 1997) (2A) Where notice has been given by a grantee under subsection (2), the Secretary for the Environment, Transport and Works shall, not less than 9 months before the expiry of the period for which the franchise was granted under subsection (1), submit to the Chief Executive in Council a report setting out his recommendation as to whether the franchise should be extended for a further period under this section. (Added 82 of 1995 s. 2. Amended L.N. 106 of 2002) (3) The Chief Executive in Council may, at any time during a franchise period- (a) whenever he considers it appropriate having regard to any circumstances affecting the franchise; and (b) if he is satisfied that the grantee is capable of maintaining a proper and efficient service, (Replaced 44 of 1984 s. 6)extend the franchise from time to time for a further period not exceeding 2 years. (Amended 44 of 1984 s. 6) (Amended 62 of 1999 s. 3)___________________________________________________________________ Notes: 1. The application of the amendment to this section under the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995) is affected by section 7 thereof, which is reproduced as follows- "7. Application This Ordinance applies to franchises granted before the commencement of this Ordinance as it applies to franchises granted after such commencement.". 2. 82 of 1995 commenced operation on 4 August 1995. Cap 230 s 7 Restriction on assignment or other disposition of franchise Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 A grantee shall not assign or otherwise dispose of its franchise, or any part thereof, without the approval of the Chief Executive in Council. (Amended 62 of 1999 s. 3) Cap 230 s 8 Directors of grantee companies Remarks: Adaptation amendments retroactively made - see 28 of 1998 s. 2(1); 62 of 1999 s. 3 (1) Save where the Chief Executive in Council otherwise permits on the granting of a franchise, a majority of the directors of a grantee shall be individuals who are ordinarily resident in Hong Kong. (Amended 80 of 1982 s. 2; 28 of 1998 s. 2; 62 of 1999 s. 3) |
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