【法规名称】
【法规编号】 79124 什么是编号？
【正 文】
第9页 CAP 104 FERRY SERVICES ORDINANCE
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[接上页] Cap 104 s 35 (Omitted as spent) (Omitted as spent) Cap 104 s 36 Commissioner to report Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 The Commissioner shall, not later than 31 March in each year, report to the Chief Executive in Council on all actions taken by him under this Part during the preceding year. (Amended 62 of 1999 s. 3) Cap 104 s 37 Profit Control Scheme Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 PART VII MISCELLANEOUS (1) The Financial Secretary and the grantee may, with the approval of the Chief Executive in Council, enter into an agreement to control the level and distribution of profits arising from the operations of the grantee under the franchise, any agreement entered into in pursuance of this Ordinance and any other operations of the grantee specified in the agreement. (Amended 62 of 1999 s. 3) (2) An agreement entered into under subsection (1) may specify circumstances under which the right to control the level and distribution of profits may be exercised. (3) The operations of the grantee which may be specified in an agreement entered into under this section may include any operation of the grantee and shall not be limited to operations conducted under or in pursuance of this Ordinance or the franchise. (4) The terms of any agreement entered into under this section shall be reviewed every 3 years by the Financial Secretary and the grantee. (5) Any amendment agreed to by the Financial Secretary and the grantee shall be subject to the approval of the Chief Executive in Council. (Amended 62 of 1999 s. 3) (6) The Financial Secretary may at any reasonable time, inspect any record or account kept by the grantee in connection with its franchise or any operations specified in an agreement entered into under this section and the Financial Secretary may make and take away copies of any such record or account. (7) The grantee shall supply upon the written request of the Financial Secretary any relevant financial information regarding the operations under the franchise. Cap 104 s 38 Inspection by Director of Civil Engineering and Development of premises (1) The Director of Civil Engineering and Development or any person authorized by him, may- (a) at all reasonable times inspect- (Amended L.N. 104 of 2004) (i) any premises used by a grantee or licensee in connection with a franchise or licence and all facilities provided by a grantee or licensee for the safe operation, maintenance and repair of all buildings, structures, piers and electrical and mechanical plant and equipment so used; (ii) any pier wholly or partly maintained by a grantee or licensee in connection with a franchise or licence; (b) require a grantee or licensee to carry out in respect of all such piers or such of those piers as he may specify, any inspection or survey, repair, provision of equipment, maintenance or other works, within such reasonable time as he may specify; (c) require an independent inspection or survey of any such plant, equipment or pier at such periodical intervals as he may reasonably specify, by a qualified person approved by him.(2) A grantee or licensee shall afford such facilities for carrying out of any inspections referred to in subsection (1) as may be required by the Director of Civil Engineering and Development. (3) The cost of any inspection, independent inspection or survey, repair, equipment, maintenance or other works required under subsection (1)(b) or (c) shall be borne by the grantee or licensee. (4) This section shall be construed so that the powers granted by it to the Director of Civil Engineering and Development are in addition to and do not derogate from any other power howsoever granted to or vested in the Director of Civil Engineering and Development. (Amended L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004) Cap 104 s 39 Inspection by Director of Marine of ferry vessels (1) The Director of Marine or any person authorized by him, may- (a) at all reasonable times inspect any ferry vessel and any premises or pier used by a grantee in connection with its franchise; and (b) require a grantee to carry out in respect of all such ferry vessels or such of those vessels as he may specify, any repair, provision of equipment, maintenance or other works, within such reasonable time as he may specify. (2) A grantee shall afford such facilities for the carrying out of any inspections referred to in subsection (1)(a) as may be required by the Director of Marine. (3) This section shall be construed so that the powers granted by it to the Director of Marine are in addition to and do not derogate from any other power howsoever granted to or vested in the Director of Marine. Cap 104 s 40 Commissioner may have access The Commissioner or any person authorized in writing by him may at all reasonable times have access to and may enter upon any pier or ferry vessel used in connection with any ferry service. |
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