【法规名称】
【法规编号】 79124 什么是编号？
【正 文】
第3页 CAP 104 FERRY SERVICES ORDINANCE
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[接上页] Cap 104 s 11 Grantee not to alter memorandum or articles without Chief Executive's approval Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 It shall be a condition of any franchise that the grantee shall not permit any alteration to its memorandum or articles of association without the approval of the Chief Executive. (Amended 62 of 1999 s. 3) Cap 104 s 12 Grantee to maintain proper service PART IV OPERATION AND CONTROL OF FRANCHISED SERVICES (1) A grantee shall, at all times during the franchise period, maintain to the satisfaction of the Commissioner a proper and efficient ferry service. (2) Without prejudice to the generality of subsection (1), the grantee shall not be treated for any of the purposes of this Ordinance as maintaining a proper and efficient ferry service unless it provides every service authorized by its franchise or under this Ordinance and maintains and operates every such service in accordance with its franchise, this Ordinance and any direction, specification or requirement under its franchise or this Ordinance or under any plan in force under section 22 relating to the future operations of the grantee. Cap 104 s 13 Alteration of services and provision of new services Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Subject to this section, the Chief Executive in Council may by notice in writing to the grantee authorize it, before the expiration of such period as may be specified in the notice, to- (Amended L.N. 387 of 1987) (a) alter a franchised service in the manner specified in the notice, whether by way of increasing or reducing the number of points of call, or otherwise; (b) operate a new ferry service under the franchise between such points of call as may be specified in the notice. (2) Where under subsection (1) the Chief Executive in Council authorizes a grantee to operate a new ferry service, he may confer on the grantee the exclusive right to operate such service. (3) The grantee shall operate a new ferry service or an altered franchised service authorized under this section in accordance with the authorization. (4) The period referred to in subsection (1) shall be- (a) in the case of a notice given under paragraph (a) thereof, not less than 6 months; and (b) in the case of a notice given under paragraph (b) thereof, not less than 12 months. (5) The Chief Executive in Council shall not give an authorization under subsection (1) unless the grantee agrees in writing to the proposal. (6) A grantee may apply in writing through the Commissioner requesting the Chief Executive in Council to alter a franchised service or to operate a new ferry service under this section. (7) An application under subsection (6) shall be made, unless the Chief Executive in Council otherwise directs, not less than 6 months before the proposed alteration or new ferry service is to come into force. (8) The Commissioner may with the consent of the Chief Executive in Council by agreement with a grantee permit the grantee to cease operating a ferry service. (Amended 62 of 1999 s. 3) Cap 104 s 14 Temporary alteration of services and provision of temporary new services (1) The Commissioner may by notice in writing direct a grantee to alter a franchised service temporarily. (2) The Commissioner may by notice in writing direct a grantee to operate a temporary new ferry service under the franchise. (3) A direction given under this section shall not begin until the expiration of a period specified by the Commissioner which the Commissioner considers reasonable. (4) A direction given under this section shall have effect for an initial period as specified in the notice not exceeding 12 months from the date from which the direction has effect and may be extended by the Commissioner for a further period or periods not exceeding 12 months in aggregate. (5) In this section "to alter a franchised service" (更改专营服务) includes to vary the number of points of call served by a franchised service. Cap 104 s 15 Commissioner may specify frequency of services and carrying capacity and types of vessels (1) As regards any franchised service, the Commissioner may direct the grantee by notice in writing as to the frequency at which the franchised service shall be operated and the carrying capacity and type of ferry vessel to be used from the fleet of vessels that the grantee has available for use. (2) A direction under this section shall not begin until the expiration of a period of 3 months from the giving of the notice unless the Commissioner and the grantee otherwise agree. (3) As regards any franchised service for which a direction is given under this section, the grantee may increase the frequency to a greater frequency than that at which the franchised service is directed to be operated under this section. (4) Where a grantee increases the frequency of a franchised service under subsection (3), the grantee shall, if the alteration continues for a period in excess of 48 hours, notify the Commissioner of the increased frequency in writing. |
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