【法规名称】
【法规编号】 79102 什么是编号？
【正 文】
第9页 CAP 215 EASTERN HARBOUR CROSSING ORDINANCE
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[接上页] (1) The Road Company shall ensure that all fill for reclamation works undertaken in pursuance of the project is from a source, and of a quality, approved by the Director. (2) Subject to the Sand Ordinance (Cap 147), any spoil dredged from the sea-bed during the carrying out of the construction works shall be disposed of by the Road Company at its own expense by removing to such marine dumping ground or other place as the Director may direct. (3) Rock excavated for the carrying out of the construction works shall not be crushed into aggregates or aggregate derivatives for sale, or sold, without the prior approval of the Director and in accordance with the terms of such approval; any such terms may require payment to the Government, whether by way of royalty on the sale or otherwise, as a consideration for the grant of the approval. (4) The Road Company shall at its own expense make good all damage occasioned by the carrying out of the construction works to all sea-walls, public roads, storm drains, water mains or other public property in such manner as the Director may direct. (5) As soon as practicable after the date of completion as determined under section 18, the Road Company shall at its own expense supply the Director with as many sets (not exceeding 10) of the drawings of the construction works as constructed as the Director may require and in such form as he may require. (Enacted 1986) Cap 215 s 36 Defects PART VII CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT OF THE CONSTRUCTION WORKS: REGULATIONS (1) Subject to subsections (2) and (3) the Road Company shall be liable at all times until the expiration or revocation of the franchise granted to it by section 4(1) to make good any defect in the construction works as soon as practicable after the defect becomes apparent and to the reasonable satisfaction of the Director. (2) On and after the rail operating date and until the expiration or revocation of the franchise granted by section 5(1) the Rail Company shall be liable at all times to make good any defect in the railway works as soon as practicable after the defect becomes apparent and to the reasonable satisfaction of the Director. (3) Where the Rail Company is liable to make good any defect by reason of the provisions of subsection (2), the liability of the Road Company to make good any defect under subsection (1) shall not arise unless the Director is of the opinion that the Rail Company has failed or unreasonably delayed to discharge its obligations under subsection (2) in respect of those defects and he notifies the Road Company in writing of the defect and of such failure or delay. (4) The Director may, by notice in writing, require the Road Company or, as the case may be, the Rail Company, to effect such works as he considers necessary to make good any defect that it is liable to make good under this section and any damage to the construction works arising from such defect. (5) Nothing in this section shall- (a) impose any liability on- (i) the Road Company to make good any defect or damage arising from such defect which becomes apparent in the railway works after the expiration of the franchise granted to the Rail Company by section 5(1); or (ii) the Road Company or the Rail Company to- (A) discharge any obligation imposed on the Mass Transit Railway Corporation by the operating agreement; (B) undertake any work to remedy any defect, or damage to the construction works arising from such defect, beyond the work reasonably required to remedy such defect or damage; or (C) remedy any defect which does not, or is unlikely to, adversely affect the design life, operation, use or safety of the construction works; or(b) restrict or otherwise affect the obligations of the Road Company or the Rail Company under the operating agreement in respect of defects or repairs. (Enacted 1986) Cap 215 s 37 Repair of immersed tube and road works (1) The Road Company shall keep in a state of repair until the expiration or revocation of the franchise granted by section 4(1) and to the satisfaction of the Director- (a) the fabric of the immersed tube including all sealing elements and the common wall separating the road conduits from the railway conduits and the rock armouring; and (b) all works, whether within or outside the immersed tube, which it has the right to keep in place under section 4(1)(c).(2) The Director may, by notice in writing, require the Road Company to effect such repairs and alterations to the structures or works it is required by subsection (1) to keep in a state of repair as he considers necessary for the proper repair thereof and for the obviation of fire and other hazards therein. (3) Where in pursuance of the obligation imposed on it by subsection (1)(a), the Road Company carries out any works on the fabric of the immersed tube after the revocation or expiration of the franchise granted to the Rail Company by section 5(1), the Government shall be liable to pay to the Road Company one third of the costs reasonably incurred by the Road Company on those works. |
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