【法规名称】
【法规编号】 79124 什么是编号？
【正 文】
第7页 CAP 104 FERRY SERVICES ORDINANCE
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[接上页] (4) If, after the service of a notice under subsection (1)(b)- (a) the grantee does not show cause why the franchise should not be revoked altogether; 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 the franchise should not be revoked altogether, the Chief Executive in Council may, with effect from such date as he may specify, revoke the franchise. (5) Notice of any revocation under this section shall be served on the grantee and, as soon as practicable thereafter, published in the Gazette. (6) A grantee shall not be entitled to compensation in respect of the revocation of a right or franchise under this section. (Amended 62 of 1999 s. 3) Cap 104 s 26 Temporary taking by Government of property where franchise has been revoked Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Where a franchise is revoked under section 25 the Government may take possession of any property used or kept by a grantee for the purposes of or in connection with the operation of any ferry service under the franchise so revoked and such property may be used by the Government, or its nominee, in the operation of such ferry service as the Commissioner thinks fit. (2) Any property of which possession is taken under subsection (1) may be retained by the Government for such initial period, not exceeding 2 years, as the Chief Executive in Council may direct and such period may be extended by resolution of the Legislative Council for further successive periods not exceeding 6 months each. (Amended 62 of 1999 s. 3) (3) At any time during or upon the expiration of the period, including any extension thereof, referred to in subsection (2), any property of which possession is taken under subsection (1) may be returned to the grantee of the revoked franchise or otherwise disposed of in such manner and upon such terms as the Chief Executive in Council thinks fit and where any property is disposed of otherwise than by return the owner shall be entitled to compensation to the extent that the property is not replaced or otherwise compensated for. (Amended 62 of 1999 s. 3) (4) Where possession is taken under subsection (1) of any property, the owner shall be entitled to compensation for the use or loss of or damage to such property. (5) In calculating the amount of compensation payable under subsection (4), the amount of any compensation payable under section 24(3) shall be deducted from such amount. (6) In this section "property used or kept by a grantee for the purposes of or in connection with the operation of any ferry service" (为经营任何渡轮服务的目的或与经营任何渡轮服务相关而由专营公司使用或备存的财产) includes property so used or kept which is also used or kept for any other purposes. Cap 104 s 27 Arbitration (1) If the Government and an owner are unable to agree as to the amount of compensation payable under this Part, either party may refer the matter to arbitration under the Arbitration Ordinance (Cap 341). (2) In determining the amount of compensation payable an arbitrator shall have regard to any matter he considers relevant, subject to this Ordinance and to the value of any asset taken over in the operation of a ferry service. Cap 104 s 28 Grant of licence PART VI FERRY SERVICE LICENCES (1) Subject to this Ordinance, the Commissioner may if he thinks fit grant to any person a licence to operate a ferry service between such points as are specified in the licence. (2) A licence- (a) may be granted in such form as the Commissioner thinks fit; (b) shall be subject to such conditions as the Commissioner may specify; and (c) may, after consultation with the licensee, be amended by the Commissioner. (3) The Commissioner may, after consultation with a licensee and having regard to the financial circumstances of the licensee, specify by notice in writing served by post on the licensee the minimum frequency of a licensed service. (4) The Commissioner shall, before granting a licence under subsection (1), consult with the Director of Marine and the Director of Civil Engineering and Development with respect to the proposed grant and the proposed conditions of such licence. (Amended L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004) (5) The Commissioner may require an applicant for a licence to supply such information in such manner as the Commissioner may reasonably require in order to decide whether or not to grant a licence to the applicant. (6) Where 2 or more persons apply, or it appears to the Commissioner that 2 or more persons are likely to apply, separately for a licence to operate substantially the same ferry service between the same points, the Commissioner shall, without prejudice to this section, make arrangements for such applications to be made by way of public tender in such manner and within such period as he may determine; but the Commissioner shall not be bound to grant any application so made, and any application relating to such ferry service which is made otherwise than in accordance with such arrangements while they are in force shall not be considered. |
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