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[接上页] (a) the safety of any works including the guarding and lighting thereof; (b) the avoidance or abatement, whether in part or in whole, of nuisances; (c) the protection of the environment; (d) the taking of samples of any materials used or to be used in the construction in such circumstances as may be specified in the notice and the taking of such subsequent steps and the supplying of such information in respect of those samples as may be specified; (e) preventing interference with the operation of the Mass Transit Railway, ensuring the safe operation of that Railway or otherwise for protecting that Railway; or (f) otherwise to ensure that all of the construction works are executed in a proper and safe manner,and it shall be the duty of the Road Company to comply with any such notice. (Enacted 1986) Cap 215 s 32 Precautions to be taken against the obstruction of shipping or aircraft (1) During the carrying out of the construction works the Road Company shall- (a) mark, keep open, and keep clear of obstruction caused by the carrying out of the construction works, such shipping channels as may be notified by the Director of Marine; (b) keep open and clear of obstruction caused by the carrying out of the construction works such approaches to Kai Tak Airport as may be notified by the Director-General of Civil Aviation. (Amended L.N. 326 of 2000)(2) If the Director after consultation with- (a) the Director of Marine, is of the opinion that any part of the construction works or plant associated therewith is obstructing any shipping channel notified under subsection (1)(a); or (b) the Director-General of Civil Aviation, is of the opinion that any part of the construction works or plant associated therewith is obstructing any approaches notified under subsection (1)(b), (Amended L.N. 326 of 2000)he may direct the Road Company to discontinue work on any such part of the construction works and to remove any such construction works or plant, either forthwith or within such time as he may specify, and work on such construction works shall not be resumed except with the prior permission of the Director and subject to such conditions as he may impose. (3) If the Road Company fails to remove any works or plant in accordance with a direction under subsection (2) the Director may do so. (4) Where the Director carries out any works under subsection (3), the cost of so doing shall be recoverable by the Government as a debt owing by the Road Company to the Government. (Enacted 1986) Cap 215 s 33 Restoration of sea-bed and works area (1) On the completion of the construction works, or as soon as is reasonably practicable thereafter, the Road Company at its own expense and to the reasonable satisfaction of the Director shall- (a) bring the sea-bed affected thereby into conformity with designs approved by the Director under section 25; (b) deal with land affected by the carrying out of the construction works in such way as may be required by such designs; and (c) restore all other land affected by the carrying out of the construction works as near as possible to its condition prior to the undertaking of those works.(2) If the Road Company fails to effect any works in accordance with subsection (1) the Director may effect the same. (3) Where the Director carries out any works under subsection (2), the cost of so doing shall be recoverable by the Government as a debt owing by the Road Company to the Government. (Enacted 1986) Cap 215 s 34 Diversion of cables, pipes etc. (1) This section shall apply where it is necessary or expedient to divert any utility to permit the carrying out of the construction works to proceed unimpeded. (2) The Director may at the request of the Road Company divert, or permit the Road Company at its own expense to divert, any utility that is under the control of the Government or any agency of the Crown, and no such utility shall be diverted by the Road Company without the authority of the Director. (3) Where the Director diverts a utility in response to a request under subsection (2), the cost of such diversion shall be recoverable by the Government as a debt owing by the Road Company to the Government. (4) The Director may, by notice in writing to the owner or person having control of any utility, order him- (a) to divert the utility in such manner as may be specified in the order; and additionally or alternatively (b) to render any cable, pipe, apparatus or thing forming part of such utility, or ancillary thereto, safe for diversion.(5) If the owner or other person fails to comply with any order under subsection (4) the Director may effect the diversion. (6) The costs incurred by any person in complying with a direction under subsection (4) shall be payable by the Road Company to that person in such amount as may be agreed between the Road Company and that person or, failing agreement, as may be determined by the Director. (Enacted 1986) Cap 215 s 35 Other obligations of the Road Company |