【法规名称】
【法规编号】 79102 什么是编号？
【正 文】
第10页 CAP 215 EASTERN HARBOUR CROSSING ORDINANCE
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[接上页] (4) Any sum payable by the Government under subsection (3) shall be paid out of general revenue. (Enacted 1986) Cap 215 s 38 Provisions supplementary to sections 36 and 37 (1) Where any works are effected by the Road Company or the Rail Company under section 36 or 37, the provisions of Part VI shall apply in respect of the carrying out of such works as though the same were the carrying out of the construction works with such modifications as the circumstances of the case may require or as the Director may determine and, in the case of works carried out by the Rail Company, as if that company were the Road Company and references in Part VI to the Road Company were construed accordingly. (2) The Director shall not exercise his powers under section 36 or 37 in such manner as would require the Road Company or, as the case may be, the Rail Company, to carry out any works to a standard which is substantially higher than that- (a) required by- (i) any relevant approval or exemption under Part VI; or (ii) standards generally prevailing,when the construction works were first carried out; (b) which may be reasonably justified having regard to the age of the construction works at the time when such works as so required are to be carried out.(3) If the Road Company or, as the case may be, the Rail Company fails to comply with any requirement of the Director under section 36 or 37 within a reasonable time after the receipt of notice of the requirement, the Director may effect the necessary works. (4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying out of any works which the Road Company or, as the case may be, the Rail Company is required by section 36 or 37 to carry out, he may require the Road Company or, as the case may be, the Rail Company, to effect the same forthwith or, if he thinks fit, he may forthwith effect the same with or without notice to the Road Company or, as the case may be, the Rail Company. (5) Subject to section 37(3), the expense of any works carried out under section 36 or 37 shall be borne by the Road Company or, as the case may be, the Rail Company (being the person under the duty to carry out those works) and, where any such works are effected by the Director, the expense thereof shall be recoverable from the Road Company or, as the case may be, the Rail Company by the Government as a debt owing by it to the Government: Provided that where section 36(3) applies the Road Company and the Rail Company shall be jointly and severally liable to the Government on such debt. (Enacted 1986) Cap 215 s 39 Closure of immersed tube (1) The Road Company may, and if required by the Director shall, close or partially close the immersed tube whenever this is necessary to enable any works to be effected by reason of any obligation imposed by this Part. (2) It shall be the duty of the Mass Transit Railway Corporation, when required by the Director, to give effect to such closure in so far as it affects the railway. (3) The Road Company shall not, except in an emergency, effect any such closure under subsection (1) without prior notification in writing to the Commissioner where any road traffic lane is to be closed. (4) Whenever a closure is effected under subsection (1) in pursuance of a requirement of the Director, the immersed tube or such part thereof as is affected shall not be reopened without the prior consent in writing of the Director. (Enacted 1986) Cap 215 s 40 Utilities through the immersed tube (1) Notwithstanding anything to the contrary in any other Ordinance- (a) no person other than the Mass Transit Railway Corporation may install any utility within the conduits of the immersed tube containing the railway lines without the consent of the Corporation and, in the case of installation by any person other than the Corporation or the Road Company, the further consent of the Road Company; and (b) no person other than the Road Company may elsewhere in the immersed tube install any utility without the consent of the Road Company.(2) The Road Company shall not give any permission for the purpose of subsection (1)(b) unless the Commissioner has first approved the giving thereof and the terms and conditions (other than provision as to charges) of the permission. (3) The Commissioner shall not give his approval under subsection (2) unless he is satisfied that the safety of persons using or employed in the vicinity of the immersed tube, and the passage of motor vehicles through the road tunnel, will not be prejudiced by such installation. (4) Where the Mass Transit Railway Corporation gives any permission for the purposes of subsection (1) it may do so subject to such terms and conditions as it may think fit to impose: Provided that nothing in this subsection shall authorize the Corporation to charge for such permission. (5) The Road Company and the Mass Transit Railway Corporation shall afford reasonable access to any utility in the immersed tube by the owner or person having the control of that utility. |
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