【法规名称】
【法规编号】 79102 什么是编号？
【正 文】
第3页 CAP 215 EASTERN HARBOUR CROSSING ORDINANCE
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[接上页] (d) operate the road tunnel area for the public, upon payment to the Road Company of the tolls specified in Part IX and the Schedule, for the period specified in subsection (2).(2) The period referred to in subsection (1) is the period that commences at the start of construction and ends on the thirtieth anniversary of the start of construction. (Enacted 1986) Cap 215 s 5 The rail franchise (1) Subject to this Ordinance, the Rail Company shall have the franchise to- (a) construct the railway works; (b) keep in place the railway works for the purpose specified in paragraph (c) (other than works which are, under the project agreement or the operating agreement, to be handed over to the Government, or the Mass Transit Railway Corporation otherwise than by transfer under section 8) and for the period specified in subsection (2); and (c) operate, for the use of the public, a railway transport service on the railway for the period specified in subsection (2).(2) The period referred to in subsection (1) is the period that commences at the start of construction and ends 18 years and 6 months after the rail operating date. (Enacted 1986) Cap 215 s 6 Effect of franchises The franchises granted by sections 4(1) and 5(1) shall be deemed to include all wayleaves and other rights necessary to render such grant effective, but subject thereto nothing in those sections shall be construed as conferring on the Road Company or the Rail Company any title, right or interest in the land on which the construction works are, or are to be, constructed. (Enacted 1986) Cap 215 s 7 Assignment of rail franchise PART III ASSIGNMENTS, MORTGAGES ETC. (1) The New Hong Kong Tunnel Company Limited, being then the Rail Company, may, at any time before the rail operating date, assign to the Eastern Harbour Crossing Company Limited the benefit of the franchise granted to it under section 5(1): Provided that no assignment under this section shall affect the obligations of the New Hong Kong Tunnel Company Limited under the project agreement or of the guarantors under the guarantee agreement. (2) The New Hong Kong Tunnel Company Limited shall notify the Secretary for Transport of any assignment under this section as soon as practicable after the execution thereof. (3) The Secretary for Transport shall, upon receiving notification under subsection (2), give notice in the Gazette of the date of an assignment under subsection (1). (Enacted 1986. Amended L.N. 106 of 2002) Cap 215 s 8 Transfer of rail operating rights The right to keep in place the railway works and to operate a railway transport service granted by section 5(1)(b) and (c) shall, on or before the rail operating date, be transferred by the Rail Company to the Mass Transit Railway Corporation, in accordance with the terms of the operating agreement, for the remainder of the period specified in section 5(2) which is unexpired at the time of transfer: Provided that nothing done under this section shall affect the obligations of the Rail Company under this Ordinance. (Enacted 1986) Cap 215 s 9 Prohibition on assignment etc. of franchise rights (1) Subject to sections 7, 8 and 10 neither the Road Company nor the Rail Company shall assign, subgrant, underlet or otherwise dispose of its rights under this Ordinance or enter into any agreement for such disposal except with the prior consent of the Governor in Council and in accordance with the terms of his consent: Provided that where such disposal is necessary or desirable to enable effect to be given to any arrangements entered into for the purpose of complying with any notice given under section 68 and the Governor in Council is satisfied that- (a) the arrangements are adequate for the purpose; and (b) the person to whom the rights are to be disposed is a person in whom such rights may properly be vested or to whom such rights may properly be transferred,such consent shall not be withheld. (2) The Secretary shall give notice in the Gazette of the date of any disposal authorized under subsection (1), the name of the person to whom the rights are disposed, the nature of the disposal and the date thereof. (Enacted 1986) Cap 215 s 10 Mortgages and charges (1) Nothing in section 9 shall prevent either the Road Company or the Rail Company from securing the payment or repayment of any moneys owing by it under any agreement or arrangement entered into for the purpose of providing moneys to finance- (a) the designing and carrying out of the construction works; (b) the undertaking of any obligation imposed on that company by this Ordinance, the project agreement or the operating agreement; or (c) such other purposes as the Financial Secretary may, by prior notice in writing to the company concerned, permit,by means of any assignment by way of mortgage or other charge or similar arrangement of the rights granted to it under Part II: Provided that no such mortgage or charge in so far as it relates to such rights, shall be enforced, whether by order of any court or otherwise, except with the consent of the Governor in Council and in accordance with the terms of his consent. |
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