【法规名称】
【法规编号】 68921 什么是编号？
【正 文】
第5页 CAP 230 PUBLIC BUS SERVICES ORDINANCE
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[接上页] (5) Where, without reasonable excuse, a grantee fails to prepare a programme in compliance with subsection (1) it shall be deemed to be incapable of maintaining a proper and efficient service. (Added 44 of 1984 s. 8. Amended L.N. 106 of 2002) Cap 230 s 12B Relevance of programme and non-compliance in certain circumstances Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) In the exercise of any power under this Ordinance, the Chief Executive in Council and the Commissioner shall have regard to a programme. (Amended 62 of 1999 s. 3) (2) Where a grantee fails to comply with a programme by reason of circumstances beyond its control, such failure shall not be taken as a breach of its franchise or a failure to maintain a proper and efficient services. (Added 44 of 1984 s. 8) Cap 230 s 13 Fares Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive in Council may determine- (Amended 62 of 1999 s. 3) (a) the scale of fares which may be charged for the carriage of passengers, baggage and goods on any specified route or group of specified routes; and (b) the maximum rate of increase which may be permitted by the Commissioner under subsection (3) in the scale of fares determined under paragraph (a).(2) Where the Commissioner requires a grantee under section 15, or approves an application by a grantee under section 16A, to- (a) alter a specified route temporarily; or (b) operate a temporary public bus service on a route, not being a specified route,the Commissioner shall determine the fares which may be charged for the carriage of passengers, baggage and goods on such altered route or temporary service, and such fares shall be based on the appropriate scale of fares determined under subsection (1)(a): Provided that the Commissioner shall not reduce the fares on a specified route under this subsection where the reason for the temporary alteration arises out of circumstances beyond the control of the grantee. (Replaced 44 of 1984 s. 9) (3) Where circumstances require a public bus service to be operated on a specified route- (a) on any day at a frequency greater than that specified in a direction under section 16(1)(a) or in an application approved under section 16A; (b) during a period or on a day other than that specified in a direction under section 16(1)(a) or in an application approved under section 16A; or (c) with a bus of a carrying capacity or of a type other than that specified in a direction under section 16(1)(b) or in an application approved under section 16A,the Commissioner may by notice in writing to the grantee permit the grantee to charge an increased fare for the carriage of passengers, baggage and goods on such route during such operation of a public bus service, and such increased fare shall be based on the appropriate scale of fares determined under subsection (1)(a) to which may be added such increase as the Commissioner may think fit at a rate not exceeding the rate of increase determined under subsection (1)(b). (Replaced 44 of 1984 s. 9) (4) A grantee shall not charge any passenger- (a) a fare exceeding the fare determined in accordance with the appropriate scale of fares determined under subsection (1)(a) or the fare determined under subsection (2) or permitted under subsection (3); or (b) except with the prior permission of the Commissioner, a fare lower than that so determined or, where applicable, the increased fare permitted under subsection (3). (Amended 44 of 1984 s. 9) Cap 230 s 14 Alteration of routes and provision of additional routes Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Subject to subsections (4) and (5), the Chief Executive in Council may by notice in writing to the grantee require it, before the expiry of such period as may be specified in the notice, to- (a) alter a specified route in the manner specified in the notice, whether by way of extending or curtailing or otherwise varying the route; (b) operate a public bus service on such route, not being a specified route, as may be specified in the notice.(2) Where under subsection (1) the Chief Executive in Council requires a grantee to operate a service on a new route, he may confer on the grantee the exclusive right to operate a public bus service on that route. (3) The period of notice referred to in subsection (1) shall be- (a) in the case of a notice served under paragraph (a) thereof, not less than 3 months; and (b) in the case of a notice served under paragraph (b) thereof, not less than 6 months.(4) A requirement shall not be made under subsection (1)(a) unless the Commissioner has consulted the grantee with respect thereto. (Amended 44 of 1984 s. 10) (5) Before a requirement under subsection (1)(b) is made, the Commissioner shall consult the grantee on the proposed service and satisfy himself that the grantee, if he is required to operate a public bus service on a new route, will- (a) have available a sufficient number of buses for use on the new route and all existing routes; and |
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