5
8.
The purpose of this Bill is to provide the
necessary statutory backing to the civil contract,
covering in particular the regulation of the construction
and maintenance of the tunnels, the setting, reviewing and
collection of tolls, the control of traffic and certain
procedures concerning the setting up and control of the
companies holding the franchises, including the rights and
obligations of the Mass Transit Railway Corporation in
respect of the railway. As was a condition of the civil
contract with the Consortium, it is modelled on the Cross
Harbour Tunnel Ordinance but in the event it is rather
longer and more complex essentially because of the need to
cater for a rail tunnel in addition to a road tunnel.
9.
The Bill has 13 parts. Parts I to IV deal with
the length of the franchises, the company structure,
capitalisation and directors - Government will have two
Directors on the board of the road company. Parts V and
VI cover the construction phase, in particular the powers
of the Director of Highways in respect of standards and
methods. Part VII covers the continuing obligations of
the road and rail companies, in particular in respect of
defects and maintenance. In essence the position is that
the companies are responsible for the remedy of latent
defects and with respect to the immersed tube portion of
the Project the additional requirement to maintain the
tube in sound condition. Parts VIII, IX and X provide for