【法规名称】
【法规编号】 68921 什么是编号？
【正 文】
第9页 CAP 230 PUBLIC BUS SERVICES ORDINANCE
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[接上页] (b) in the case of property being land or buildings on land, reference to a lease of the property shall be construed as reference to a lease on terms prohibiting the use of the property other than in accordance with the terms of any Government lease under which the land is held. (Amended 29 of 1998 s. 105)(7) Notwithstanding subsection (5)- (a) the compensation payable in respect of property being spare parts and other consumables shall be an amount equal to the difference in book value of the stock of such consumables taken over the period of the Government's possession of the property under subsection (3); (b) the compensation payable in respect of property being the fixed assets of the franchisee (including plant and machinery) other than motor vehicles and land or buildings on land shall be an amount equal to the depreciation in the value of the property over the period of the Government's possession of the property under subsection (3) as calculated at the rate of depreciation applicable in respect of that property for the purposes of section 30,and any such compensation shall be payable at the end of that period of possession. (8) A grantee shall, in addition to any entitlement to compensation under subsection (4), be entitled to compensation for any loss or damage sustained during the franchise period in consequence of any suspension of its franchise under subsection (1), but nothing in this subsection shall be construed so as to entitle a grantee to receive compensation under both this subsection and subsection (4) in respect of the same loss or damage. (9) The liability of the Government under this section to pay compensation to any person under subsection (4) shall cease to accrue upon the making of a declaration by the Chief Executive in Council under subsection (1). (Amended 62 of 1999 s. 3) (10) Compensation payable under this section shall, unless otherwise stated, be payable monthly in arrears. (Replaced 82 of 1995 s. 4) Cap 230 s 24 Revocation of right to operate a service on a specified route or of franchise Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) If- (a) it appears to the Chief Executive in Council that without good cause a grantee has failed, or is likely to fail, to maintain a proper and efficient public bus service, either generally or in respect of any specified route, in accordance with section 12; or (b) a grantee has failed to pay any financial penalty imposed under section 22,the Chief Executive in Council may direct the Commissioner to serve on the grantee a notice requiring the grantee to show cause in writing, within 28 days after the service of such notice- (i) why its right to operate a public bus service on such specified routes as are set out in such notice should not be revoked; or (ii) why its franchise should not be revoked altogether,and any such notice shall specify the ground on which such right or the franchise may be revoked. (2) If, after the service of a notice under subsection (1)(i)- (a) the grantee does not show cause why its right to operate a public bus service on the specified routes set out therein should not be revoked; or (b) the Chief Executive in Council, having considered any representations made by the grantee, is of the opinion that the grantee has not shown good cause why such right should not be revoked,the Chief Executive in Council may, with effect from such date as he may specify, revoke such right. (3) If, after the service of a notice under subsection (1)(ii)- (a) the grantee does not show cause why the franchise should not be revoked altogether; or (b) the Chief Executive in Council, having considered any representations made by the grantee, is of the opinion that the grantee has not shown good cause why the franchise should not be revoked altogether,the Chief Executive in Council may, with effect from such date as he may specify, revoke the franchise. (4) Notice of the revocation of a right or franchise under this section shall be served on the grantee and, as soon as practicable thereafter, shall be published in the Gazette. (5) A grantee shall not be entitled to compensation in respect of the revocation of a right or franchise under this section and where a franchise is revoked altogether the grantee shall be liable to pay to the Government any expense incurred by the Government in connection with the franchise or the revocation thereof. (Amended 62 of 1999 s. 3) Cap 230 s 25 Temporary retention by Government of bus assets used by company whose franchise is revoked or has expired Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 1999 s. 3 (1) Where- (a) a franchise has been revoked under section 24(3); or (b) a franchise period has expired and no new franchise has been granted under section 5(1) to the company,the company shall deliver to the Government possession of such of the following property as may be specified by the Government in a notice served on the company and published in the Gazette, that is to say- |
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