【法规名称】
【法规编号】 79124 什么是编号？
【正 文】
第2页 CAP 104 FERRY SERVICES ORDINANCE
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[接上页] (d) whereby all the passengers are carried for the greater part of the journey.(3) For the purposes of this Ordinance, a payment made by a person entitling him to be carried as a passenger on a ferry vessel shall be treated as a separate fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made. Cap 104 s 6 Grant of franchises Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 PART III FERRY SERVICE FRANCHISES (1) Subject to this Ordinance, the Chief Executive in Council may grant to any company within the meaning of the Companies Ordinance (Cap 32), or any company to which Part IX or Part XI of the Companies Ordinance (Cap 32) applies, a franchise that confers the right to operate a ferry service between such points as are specified by him. (2) A franchise may confer on the grantee the exclusive right to operate a franchised service. (3) A franchise- (a) may be granted following a public tender or in such other manner as the Chief Executive in Council thinks fit; (b) shall be subject to such conditions as the Chief Executive in Council specifies, which may include, without limiting the generality of the foregoing, conditions in respect of the management and commercial development of piers, pier rental and the maintenance of a proper and efficient ferry service generally; and (c) shall be subject to the provisions of this Ordinance as it may from time to time be amended. (4) Without prejudice to any other provision of this Ordinance, a franchise may, with the written consent of the grantee, be amended by the Chief Executive in Council. (Amended L.N. 387 of 1987) (Amended 62 of 1999 s. 3) Cap 104 s 7 Periods of franchise and extensions thereof Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) A franchise may be granted for an initial period not exceeding 15 years, and in calculating a franchise period no account shall be taken of any change made from time to time in the franchised services operated under the franchise. (2) The Chief Executive in Council may, at the request in writing of a grantee, if he is satisfied that the grantee is capable of maintaining a proper and efficient ferry service and it is in the public interest to continue the franchised service or services, extend the franchise for a period or periods not exceeding 15 years beginning on the date on which the extension is granted. (Amended 62 of 1999 s. 3) (3) A request under subsection (2) may be made- (a) not more than once in each 5 year period during the franchise period, the first of such periods to be treated as commencing on the date of the granting of the franchise and subsequent periods as commencing on the fifth anniversary of the date of commencement of the prior period; and (b) in any case not less than 2 years before the expiration of the franchise period. Cap 104 s 8 Restriction on transfer of franchise Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 A grantee shall not transfer its franchise, or any part thereof, without the approval of the Chief Executive in Council. (Amended 62 of 1999 s. 3) Cap 104 s 9 Directors of grantee companies Remarks: Adaptation amendments retroactively made - see 28 of 1998 s. 2; 62 of 1999 s. 3 It shall be a condition of the franchise that, unless the Chief Executive in Council otherwise permits, a majority of the directors of a grantee shall be individuals ordinarily resident in Hong Kong and shall participate actively as directors in the management of the grantee. (Amended 28 of 1998 s. 2; 62 of 1999 s. 3) Cap 104 s 10 Chief Executive may appoint additional directors Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive may, notwithstanding any provision of the Companies Ordinance (Cap 32) or any other law or of any document, appoint, for such period as he may direct, not more than 2 persons to be additional directors of a grantee; and, notwithstanding any such provision as aforesaid, a person so appointed may not be removed from office as additional director of a grantee except by the Chief Executive. (Amended 62 of 1999 s. 3) (2) A person so appointed to be an additional director of a grantee shall primarily represent the interests of the Government and for that purpose shall be entitled to participate at meetings of the grantee and the board of directors of the grantee, to have access to all material concerning the affairs of the grantee which is available to any other director and require such information with respect to the grantee's affairs as he may specify to be furnished to him; and, without prejudice to the foregoing but subject to subsection (3), any such person shall be treated for all purposes as if he had been appointed at a general meeting of the grantee as a director thereof. (3) No fee or reward, financial or otherwise, shall be paid by a grantee to a person appointed to be an additional director of the grantee under this section in respect of the performance of his functions as such additional director. |
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