【法规名称】
【法规编号】 79124 什么是编号？
【正 文】
第6页 CAP 104 FERRY SERVICES ORDINANCE
|
[接上页] (4) Where a grantee fails to comply with a plan in force under this section by reason of circumstances beyond its control, such failure shall not be taken as a breach of its franchise or a failure to maintain a proper and efficient service. Cap 104 s 23 Chief Executive in Council may impose financial penalty Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive in Council may by notice in writing impose on a grantee a financial penalty specified in the notice for any failure by the grantee to comply with its franchise or this Ordinance or any direction or requirement under its franchise or this Ordinance or any provision of any plan in force under section 22 where the Chief Executive in Council is satisfied that the grantee has had reasonable opportunity of complying with its franchise, this Ordinance, the direction or the requirement, as the case may be, and an opportunity of showing cause why the penalty should not be imposed. (2) A financial penalty imposed under this section shall not exceed- (a) in respect of any one or more failures- (i) $10000 in the case of a first imposition of such penalty; (ii) $20000 in the case of a second imposition of such penalty; (iii) $50000 in the case of a third or subsequent imposition of such penalty; and (b) in respect of any failure which is of a continuing nature $10000 for each day on which the failure continues. (3) A financial penalty imposed under this section shall be recoverable by the Government as a civil debt. (4) Where the Chief Executive in Council is considering the imposition of a penalty on a grantee under this section and a penalty has previously been imposed on the grantee under this section, the Chief Executive in Council shall not consider any failures of the grantee which were considered for the imposition of the penalty on the previous occasion unless the grantee has failed to pay that previous penalty or to rectify any default that gave rise to such failure. (Amended 62 of 1999 s. 3) Cap 104 s 24 Emergency or breakdown in franchised service Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 PART V EMERGENCY AND REVOCATION (1) If the Chief Executive in Council considers- (a) that an emergency exists or is likely to come into existence; or (b) after consultation between the grantee and the Commissioner, that there is or is likely to be a substantial breakdown for any reason in the operation of a franchised service, he may suspend the franchise either altogether or in respect of any such franchised service operated thereunder as he may specify, and such suspension shall have effect until the Chief Executive in Council terminates the suspension or declares that the circumstances that gave rise to the suspension no longer exist. (Amended 62 of 1999 s. 3) (2) Where under subsection (1) a franchise is suspended altogether or in respect of any franchised service, the Government may take possession of any property of the grantee used or kept by it for the purposes of or in connection with its franchise and the Government or its nominee may use such property in the operation of such ferry service as the Commissioner thinks fit. (3) A grantee shall be entitled to compensation for the use or loss of or damage to any of its property of which possession has been taken under subsection (2) and, except where a franchise is revoked under section 25, for any loss or damage sustained in consequence of any suspension of its franchise or of any franchised service under subsection (1). Cap 104 s 25 Revocation of authority to operate a franchised service or of franchise Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) If it appears to the Chief Executive in Council that without good cause a grantee has failed, or is likely to fail, to maintain a proper and efficient ferry service, either generally or in respect of any franchised service the Chief Executive in Council may direct the Commissioner to serve on the grantee a notice in writing requiring the grantee to show cause in writing, within 28 days after the service of the notice- (a) why its authority to operate any franchised service set out in the notice should not be revoked; or (b) why its franchise should not be revoked altogether. (2) Any notice served under subsection (1) shall specify the ground for revoking the franchise or any authority thereunder and may relate to and include any franchised service whether the grantee has failed to maintain a proper and efficient ferry service in relation to that service or not. (3) If, after the service of a notice under subsection (1)(a)- (a) the grantee does not show cause why its authority to operate the franchised services set out therein should not be revoked; or (b) the Chief Executive in Council, having considered any representations made by the grantee, is of the opinion that the grantee has not shown cause why such authority should not be revoked, the Chief Executive in Council may, with effect from such date as he may specify, revoke the right of the grantee to operate all or any of the franchised services set out in the notice. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！