【法规名称】
【法规编号】 79102 什么是编号？
【正 文】
第4页 CAP 215 EASTERN HARBOUR CROSSING ORDINANCE
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[接上页] (2) Nothing in section 9 or subsection (1) shall apply to any mortgage, charge, assignment or other arrangement entered into- (a) by the Road Company, which secures any debt or obligation of that company, upon the right to receive the tolls under Part IX; or (b) by the Rail Company, which secures any debt or obligation of that company, upon the right to receive any payments under the operating agreement.(3) Where the enforcement of any mortgage or charge to which subsection (1) applies has the effect of transferring the franchise granted by section 4(1) or 5(1) from a person who was the Road Company or, as the case may be, the Rail Company, immediately prior to the transfer to any other person who thereby becomes the Road Company or, as the case may be, the Rail Company, the Secretary shall give notice thereof in the Gazette. (4) A notice under subsection (3) shall specify the name of such other person, the nature of the right transferred and the date of the transfer. (Enacted 1986) Cap 215 s 11 Directors of the Road Company PART IV PROVISIONS RELATING TO THE ROAD COMPANY AND THE RAIL COMPANY (1) A majority of the directors of the Road Company shall be persons who are ordinarily resident in Hong Kong. (2) The Governor shall have power, notwithstanding any provision of the Companies Ordinance (Cap 32) or any other law, the memorandum or articles of the Road Company or other instrument, to appoint 2 directors to the board of the Road Company. (Enacted 1986) Cap 215 s 12 Minimum paid-up share capital (1) On the road operating date the issued and fully paid-up share capital of the Road Company shall be- (a) if no assignment has taken place under section 7(1), not less than $1100000000; and (b) if such assignment has taken place, not less than $750000000.(2) On the road operating date the issued and fully paid-up share capital of the Rail Company shall be, if an assignment has taken place under section 7(1), not less than $350000000. (Enacted 1986) Cap 215 s 13 The Government's equity in the Road Company (1) The Government shall be entitled- (a) prior to the event described in paragraph (b), to hold 5 per cent of the shares; and (b) upon the opening for use by the public of a trunk road connection from the vicinity of Shatin passing through a tunnel under or in the vicinity of Tate's Cairn to East Kowloon, to hold an additional 2.5 per cent of the shares.(2) Within 14 days after the occurrence of a relevant event the Road Company shall procure the transfer of shares to the Government of sufficient shares to ensure that, upon such transfer, the Government holds the shares which, immediately after that event, it is by subsection (1) entitled to hold. (3) Shares transferred to the Government under this section shall be fully paid up and free from encumbrances and shall be held on behalf of the Government by the Financial Secretary Incorporated. (4) For the purposes of this section- (a) shares shall be deemed to be held by the Government notwithstanding that, after they have been transferred to the Government under this section, the Government may subsequently have disposed of them; (b) a "relevant event" takes place- (i) on the commencement of this Ordinance; (ii) at the time, prior to the event described in subsection (1)(b), when any shares additional to shares issued on or before such commencement are issued; (iii) upon the event described in subsection (1)(b) taking place; or (iv) on any change in the identity of the Road Company;(c) "shares" (股份) means the ordinary voting shares of the Road Company. (Enacted 1986) Cap 215 s 14 Tax provisions For the purposes of Part VI of the Inland Revenue Ordinance (Cap 112)- (a) the Road Company shall throughout the continuance of the franchise granted by section 4(1) be deemed to be the owner of and to have the relevant interest in the works which it has the right to keep in place under section 4(1)(c); (b) the Rail Company shall throughout the continuance of the franchise granted by section 5(1) be deemed to be the owner of and to have the relevant interest in the works which it has the right to keep in place under section 5(1)(b); (c) upon the assignment of the benefit of the franchise granted under section 5(1) to the Eastern Harbour Crossing Company Limited under section 7(1), any capital expenditure, as defined for the purposes of Part VI of the Inland Revenue Ordinance (Cap 112), incurred by the New Hong Kong Tunnel Company Limited (being then the Rail Company) on the works referred to in paragraph (b) shall be deemed to have been incurred by the Eastern Harbour Crossing Company Limited at the time of the assignment: Provided that any allowance granted under that Part in respect of the expenditure deemed to have been incurred shall be reduced by any allowance granted under that Part to any other person in respect of the same expenditure. (Enacted 1986) Cap 215 s 15 Construction works to be carried out at the expense of the Road Company |
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