【法规名称】
【法规编号】 79102 什么是编号？
【正 文】
第6页 CAP 215 EASTERN HARBOUR CROSSING ORDINANCE
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[接上页] (3) Nothing in this section shall apply to any land which, under the project agreement, is to be obtained by the Road Company other than from the Government nor relieve the Road Company from making any payment it is required to make under section 20 in respect of land to which this section relates. (Enacted 1986) Cap 215 s 20 Liability of Road Company in respect of land made available (1) The Road Company shall be liable to the Government for- (a) all compensation payable, and all costs and expenses (including legal costs and expenses) incurred by the Government in- (i) resuming any land, or any easement or right therein, required for the purposes of the project; (ii) obtaining vacant possession of any such land, including all such compensation, costs or expenses which are payable under any Ordinance, or by reason of the order of any court, award of an arbitrator or by virtue of any agreement, composition or arrangement with any person, or for which the Government is otherwise liable, and whether the liability to pay such compensation, costs or expenses arose before or after the commencement of this Ordinance; and(b) all costs, expenses, and payments, whether referred to in paragraph (a) or not, incurred or made by the Government, which the Road Company has undertaken to refund to the Government under the project agreement or otherwise.(2) Any amount for which the Road Company is liable under subsection (1) shall become payable- (a) if liability arises prior to the road operating date, upon that date; and (b) if liability arises on or after the road operating date, and the amount of the liability is certified under section 78, upon presentation of the certificate to the Road Company.(3) For the purposes of subsection (1) the Government shall be deemed to have been liable to pay compensation where it has made payments of a character usually made by the Government in the case of land resumption or clearance, notwithstanding that the payments may have been expressed to be on an ex gratia basis or have been paid otherwise than by reason of a legal obligation. (Enacted 1986) Cap 215 s 21 Authorization under this Part sufficient authority to carry out works PART VI THE CARRYING OUT OF THE CONSTRUCTION WORKS (1) Subject to subsection (3) any construction works which may be carried out lawfully under this Part and in accordance with any approval or exemption thereunder may be carried out without further authority notwithstanding anything to the contrary in any Ordinance: Provided that nothing in this section shall authorize anything to be done in contravention of section 13 of the Summary Offences Ordinance (Cap 228). (2) Subject to subsection (3) the Buildings Ordinance (Cap 123) shall not apply in relation to the construction works. (3) The Secretary for Housing, Planning and Lands may, by notice in the Gazette, apply the Buildings Ordinance (Cap 123), or any provision thereof, to any of the construction works: (Amended 23 of 2002 s. 126) Provided that nothing in this subsection shall apply to any such works which are civil engineering works. (Enacted 1986) Cap 215 s 22 Road Company to submit a construction programme (1) As soon as practicable after the commencement of this Ordinance, the Road Company shall submit to the Director for his approval a programme for the carrying out of the construction works and the construction works shall be carried out in accordance with such programme as so approved. (2) The Director may approve or disapprove the programme submitted under subsection (1) or approve it in part and disapprove it in part. (3) The Road Company may at any time apply to the Director for a variation of the programme approved under subsection (2) and any variation approved by the Director under this subsection shall be deemed to form part of the programme approved under subsection (2). (Enacted 1986) Cap 215 s 23 No works to commence without authority Subject to sections 16 and 29, the undertaking of any part or component of the construction works shall not commence until- (a) its design has been submitted to the Director for his approval under section 25; (b) the design so submitted has been approved under section 25(3) or has been exempted from approval under section 25(1); (c) the method of its construction has been approved under section 27; (d) where the works are to be carried out by a contractor, the terms of any contract between the Road Company and such contractor have been approved under section 28 or do not require such approval by virtue of that section. (Enacted 1986) Cap 215 s 24 Road Company to submit designs (1) As soon as practicable after the commencement of this Ordinance, the Road Company shall submit to the Director for his approval under section 25 the design of the construction works. (2) Such design may relate to the whole of the construction works or may be prepared in divisions in accordance with subsection (3). (3) Where the design is prepared in divisions, each division shall relate to such part of the construction works and be prepared in such order as may be agreed between the Director and the Road Company or, in the absence of such agreement, as the Director may determine. |
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