【法规名称】
【法规编号】 68921 什么是编号？
【正 文】
第8页 CAP 230 PUBLIC BUS SERVICES ORDINANCE
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[接上页] (1) The Chief Executive in Council may, by notice in writing to a grantee, require the payment of the financial penalty specified in such notice. (Amended 62 of 1999 s. 3) (2) A financial penalty may be imposed in respect of any failure by a grantee to comply with its franchise or this Ordinance or any direction or requirement under its franchise or this Ordinance, or with any programme or any approval under section 16A. (Amended 44 of 1984 s. 16; 66 of 1994 s. 2) (2A) Without affecting the generality of subsection (2), a financial penalty may be imposed under this section in respect of a failure by the grantee as regards- (a) a particular route operated by it; or (b) 2 or more routes so operated. (Added 66 of 1994 s. 2)(3) A financial penalty imposed under this section shall not exceed $10000 for the first occasion on which a penalty is imposed, and shall not exceed $20000 for the second occasion on which a penalty is imposed, and shall not exceed $50000 for any subsequent occasion on which a penalty is imposed. (Amended 66 of 1994 s. 2) (3A) In determining for the purposes of subsection (3) whether an occasion ("the occasion") is the first, second or a subsequent occasion on which a financial penalty was imposed, the following shall apply- (a) a previous occasion on which a financial penalty was imposed and which occurred more than 5 years prior to the occasion shall not be taken into account; and (b) a financial penalty previously imposed- (i) either in respect of the same route or any other route (where the financial penalty being imposed relates to a failure as regards a route); or (ii) for any other reason, shall be taken into account. (Added 66 of 1994 s. 2)(4) A financial penalty shall not be imposed under this section unless- (a) the Commissioner is satisfied that the grantee has had a reasonable opportunity of complying with its franchise or this Ordinance or the direction or requirement, or with any programme or any approval under section 16A, as the case may be; (b) the Commissioner has notified the grantee of the failure and the details thereof; and (c) the grantee has been given an opportunity of showing cause to the Commissioner why the penalty should not be imposed. (Replaced 44 of 1984 s. 16)(5) A financial penalty imposed under this section shall be recoverable as a civil debt. Cap 230 s 23 Emergency Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 1999 s. 3 PART IV EMERGENCY AND REVOCATION (1) If the Chief Executive in Council considers that an emergency exists he may direct that the franchise of a grantee be suspended, either altogether or in respect of any specified route he may specify, until the Chief Executive in Council declares that the emergency no longer exists. (Amended 62 of 1999 s. 3) (2) Where under subsection (1) a franchise is suspended altogether or in respect of any specified route, the Government may by written notice served on the company and published in the Gazette require the company to deliver to the Government possession of the following property, that is to say- (a) any premises provided and maintained in accordance with section 19; (b) any property (other than premises mentioned in paragraph (a)) used or kept by the company for the purposes of or in connection with its franchise,and may at the time of or as soon as practicable after service of the notice take possession of such property. (3) Any property taken possession of under subsection (2)- (a) may be retained by the Government until such time as the Chief Executive in Council declares that the emergency no longer exists, and may be so retained notwithstanding that the franchise period of the grantee has expired during the period of the emergency; and (Amended 62 of 1999 s. 3) (b) may during its retention be used by the Government or its nominee in the operation of such bus service as the Commissioner thinks fit.(4) Subject to subsection (9), where possession is taken under subsection (2) of any property, the 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) which is terminable by either party upon the giving of 1 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; and (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; |
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