【法规名称】
【法规编号】 79124 什么是编号？
【正 文】
第4页 CAP 104 FERRY SERVICES ORDINANCE
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[接上页] Cap 104 s 16 Conditions etc., with respect to directions (1) The Commissioner shall not direct a grantee under section 14 or 15, unless he- (a) has consulted with the Director of Civil Engineering and Development and the Director of Marine; (Amended L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004) (b) has given reasonable notice of the direction to the grantee; (c) has considered any submissions made by the grantee; and (d) has had regard to- (i) the projected demand over a reasonable period for ferry services; (ii) other transport services and facilities provided or to be provided (whether by the grantee or otherwise); (iii) the availability of piers and ferry vessels; (iv) the financial implications for the grantee; (v) any additional resources that may be required by the grantee; and (vi) any other factors that the Commissioner considers relevant. (2) If a grantee disagrees with a direction given by the Commissioner the grantee may within 14 days of the direction, or such further period as the Commissioner may allow, object by notice in writing served on the Commissioner. (3) Subject to subsection (4), the Commissioner shall within 28 days of receiving of an objection under subsection (2) notify the grantee whether he allows or rejects the objection or intends to refer the matter to the Chief Executive in Council. (Amended 62 of 1999 s. 3) (4) Where an objection under subsection (2) is based on the ground of adverse financial implications the Commissioner shall not reject the objection until he has referred the objection and his comments on it to the Chief Executive in Council for his determination. (Amended 62 of 1999 s. 3) (5) Where a grantee objects under this section, it shall provide full details of its objection including copies of all documents, papers, submissions and financial particulars upon which it relies in support of its objection. Cap 104 s 17 Application by grantee in respect of temporary alterations to services (1) A grantee may apply in writing to the Commissioner to exercise his powers under section 14 or 15 in respect of a franchised service operated by the grantee. (2) Unless the Commissioner otherwise agrees, an application under subsection (1) shall be delivered to the Commissioner not less than 28 days prior to the date upon which the grantee desires to introduce the alteration or commence operating the new ferry service set out in its application. Cap 104 s 18 Suspension or alteration of franchised service in circumstances beyond the control of a grantee (1) Whenever a grantee suspends or alters otherwise than in accordance with section 15(3) a franchised service for a period of more than 48 hours, or it appears likely that a suspension or alteration will last for more than 48 hours, the grantee shall notify the Commissioner as soon as practicable after it becomes aware that the suspension or alteration is likely to last for more than 48 hours. (2) The Commissioner may direct a grantee to supply within a reasonable time such information as the Commissioner thinks fit relating to the cause of any suspension or alteration referred to in subsection (1) and the steps taken or proposed to be taken by the grantee in relation thereto. (3) Whenever a grantee suspends or alters a service for less than 48 hours, the Commissioner may direct the grantee to supply within a reasonable time such information as the Commissioner thinks fit relating to the suspension or alteration. (4) Where a grantee suspends or alters a franchised service for more than 48 hours otherwise than in accordance with section 15(3) the Commissioner may- (a) direct the grantee to make application for a variation of the franchised service; (b) direct the grantee to resume the franchised service; or (c) take such other action under this Part as he sees fit. (5) Where a grantee suspends or alters a franchised service by reason of circumstances beyond its control, such suspension or alteration shall not be taken as a breach of its franchise or a failure to maintain a proper and efficient service if the grantee complies with the requirements of this section and all the requirements and directions of the Commissioner in relation to the suspension or alteration. Cap 104 s 19 Fares on franchised services Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive in Council may by order determine- (Amended 62 of 1999 s. 3) (a) the maximum fares that may be charged for the carriage of passengers, baggage, goods and vehicles on any franchised service and may determine such fares in relation to classes of passengers, times of operation of the franchised services, and standards of ferry vessel accommodation; and (b) the maximum rate of increase that may be permitted by the Commissioner under subsection (3) within the schedule of maximum fares determined under paragraph (a). (2) Where the Commissioner directs a grantee under section 14 to alter a franchised service temporarily by operating over a different journey distance, or to operate a temporary new ferry service under the franchise, the Commissioner shall determine the maximum fares which may be charged for the carriage of passengers, baggage, goods and vehicles on such service and such fares shall be calculated having regard to the appropriate maximum fares determined under subsection (1)(a) and the classes of passengers and standards of ferry vessel accommodation. |
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