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[接上页] (2) A majority of the directors required under subsection (1) shall participate actively in the direction of the grantee. Cap 230 s 9 Chief Executive may appoint additional directors Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive may, notwithstanding any provision of the Companies Ordinance (Cap 32) or any other law or of any document, appoint not more than 2 persons to be additional directors of a grantee; and, notwithstanding any such provision as aforesaid, a person so appointed may not be removed from the board of a grantee except by the Chief Executive. (Amended 62 of 1999 s. 3) (2) A person so appointed to be an additional director of a grantee shall represent the Government and for that purpose shall be entitled to participate at meetings of the grantee and the board of the grantee, to have access to all material concerning the affairs of the grantee which is available to any other director and require such information with respect to the grantee's affairs as he may specify to be furnished to him, and, without prejudice to the foregoing but subject to subsection (3), any such person shall be treated for all purposes as if he had been appointed at a general meeting of the grantee as a director thereof. (3) No fee or reward, financial or otherwise, shall be paid by a grantee to a person appointed to be an additional director of the grantee under this section in respect of his performance of the functions of such a director. Cap 230 s 10 Grantee not to alter memorandum or articles without Chief Executive's approval Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 No alteration shall be made during the franchise period to the memorandum or articles of association of a grantee without the approval of the Chief Executive. (Amended 62 of 1999 s. 3) Cap 230 s 11 Grantee to operate on specified routes only PART III OPERATION AND CONTROL OF SERVICES (1) Subject to subsection (2), a grantee shall not operate a public bus service otherwise than on a specified route. (2) Whenever circumstances beyond the control of a grantee so require, a grantee may cause a public bus service to be diverted from a specified route for so long as such circumstances continue to so require. Cap 230 s 12 Grantee to maintain proper service (1) A grantee shall, at all times during the franchise period, maintain to the satisfaction of the Commissioner a proper and efficient public bus service. (2) Without prejudice to the generality of subsection (1), the grantee shall not be treated for any purpose of this Ordinance as maintaining a proper and efficient public bus service unless it maintains the service and operates the same in accordance with its franchise, this Ordinance, any direction or requirement under its franchise or this Ordinance and any programme or any approval under section 16A. (Amended 44 of 1984 s. 7) Cap 230 s 12A Forward planning programme (1) With effect from 1 January 1985, a grantee shall in each year, not later than 30 June, prepare a programme of the operations of the grantee for the following 5 years in respect of the matters specified in the Schedule, and the grantee and the Commissioner shall, subject to subsection (4), take all reasonable steps to reach agreement on the programme by 30 September in that year; and the programme as agreed under this subsection or as settled under subsection (4) shall be submitted to the Secretary for the Environment, Transport and Works by the Commissioner. (2) A programme submitted to the Secretary for the Environment, Transport and Works under subsection (1) in any year shall upon such submission come into force and supersede the programme (if any) so submitted in the immediately preceding year, but where a programme is not submitted in any year the programme submitted in the previous year shall, without prejudice to subsection (5), continue in force until it is superseded or it expires, whichever is the earlier. (3) A programme which is in force under this section may from time to time be altered by mutual consent of the Commissioner and a grantee and such alterations shall be submitted to the Secretary for the Environment, Transport and Works by the Commissioner and upon such submission the programme shall continue in force as altered. (4) If the grantee and the Commissioner fail to reach agreement on any point in a programme prepared by a grantee under subsection (1) in any year, or fail to mutually agree any alterations under subsection (3), the grantee and the Commissioner shall forward the details of the point in disagreement to the Secretary for the Environment, Transport and Works who shall decide on the point having regard to the submissions of the grantee and the Commissioner and such decisions of the Secretary for the Environment, Transport and Works shall, subject to section 33, be final and shall be incorporated in the programme and such programme shall be the settled programme. |