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【法规名称】 
【法规编号】 79124  什么是编号?
【正  文】

第5页 CAP 104 FERRY SERVICES ORDINANCE

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  (3) Where the Commissioner is satisfied that circumstances require a franchised service to be operated-
  
  (a) where a direction is given under section 15, at a frequency greater than this specified in that direction.
  
  (b) during a period or on a day other than that specified in a direction under section 15; or
  
  (c) with a ferry vessel of a carrying capacity or type other than that specified in a direction under section 15, he may by notice in writing permit the grantee to charge an increased fare for the carriage of passengers, baggage, goods and vehicles on such service during the operation of such service, and such increased fare shall be calculated having regard to the appropriate maximum fares determined under subsection (1)(a), and such additional amount as the Commissioner may think fit not exceeding the maximum rate of increase determined under subsection (1)(b).
  
  (4) A grantee may apply in writing to the Chief Executive in Council through the Commissioner for a revision of the maximum fares applicable in relation to a ferry service. (Amended 62 of 1999 s. 3)
  
  (5) If a grantee applies under subsection (4) for a revision of the maximum fares applicable in relation to a ferry service and provides full details including all documents, papers, submissions and financial particulars upon which it bases its application for revision, the Commissioner shall submit the application to the Chief Executive in Council for determination as soon as is practicable after receiving such details and in any event not more than 6 months after receiving such details. (Amended 62 of 1999 s. 3)
  
  (6) A grantee shall not charge-
  
  (a) a fare exceeding the maximum fare determined under subsection (1)(a) or (2) or permitted under subsection (3); or
  
  (b) except with the prior permission of the Commissioner, a fare other than that determined or permitted under this section.
  
  Cap 104 s 20 Commissioner may specify piers and berths
  
  (1) As regards any franchised service the Commissioner may, from time to time, after consultation with the Director of Marine, the Director of Civil Engineering and Development and the grantee, by notice in writing specify the piers or berths to be used by the grantee for the purposes of such franchised service. (Amended L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004)
  
  (2) Subject to this Ordinance, the grantee shall not use a pier or berth other than a pier or berth specified under this section for the purposes of any franchised service.
  
  Cap 104 s 21 Records
  
  (1) In respect of any franchise, the Commissioner may by notice in writing direct the grantee to keep, in such form as the Commissioner may reasonably require, records in respect of all or any of the following matters-
  
  (a) the number and capacity of the ferry vessels in use on each franchised service each day;
  
  (b) the number of journeys operated by each ferry vessel on a franchised service each day;
  
  (c) the number and classification of passengers and vehicles carried on each ferry journey on each franchised service each day;
  
  (d) the number and classification of passengers and vehicles carried on each franchised service each day;
  
  (e) the daily receipts in respect of each franchised service;
  
  (f) the number and specifications of ferry vessels used or kept by the grantee for the purposes of or in connection with its franchise, and the number and specifications of ferry vessels under construction or which have been ordered for the purposes of the franchise;
  
  (g) the maintenance of ferry vessels, piers and any other facilities employed by a grantee in connection with the franchise. (2) A grantee shall furnish to the Commissioner, at such times and in such form as he may reasonably direct, copies of any records which it is directed to keep pursuant to any notice under subsection (1).
  
  (3) The Financial Secretary or any person authorized in writing by him may inspect, at any reasonable time, any records and accounts kept by the grantee in connection with its franchise and make and take away copies of any such records or accounts.
  
  Cap 104 s 22 Forward planning
  
  (1) A grantee and the Commissioner shall not later than 30 November in each year reach agreement as far as they are able on a plan relating to the operations of the grantee for the next 5 years.
  
  (2) In the event that the grantee and the Commissioner fail to reach agreement on any point in a plan, the Commissioner shall forward the details of the point in disagreement, including the grantee's submissions in relation thereto, to the Secretary for the Environment, Transport and Works who shall decide on the point having regard to the submissions of the grantee and the Commissioner and such decisions of the Secretary for the Environment, Transport and Works shall be incorporated in the plan. (Amended L.N. 106 of 2002)
  
  (3) In the exercise of any power under this Ordinance, the Chief Executive in Council and the Commissioner shall have regard to any plan in force under this section. (Amended 62 of 1999 s. 3)
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