TATE'S CAIRN TUNNEL
Ord. No. 50/88
A257
(k) the employment and organization of personnel provided by the Company for the control, restriction and safety of traffic in the tunnel area and approach roads;
(1) any other conditions subject to which the tunnel area may be used
by the public for the passage of motor vehicles; and
(m) any other matter relating to the control, operation and manage- ment of the tunnel area which it is necessary or expedient to provide for.
(2) Where a by-law made under subsection (1) provides for the issue of a permit for any purpose, the by-law may prescribe a fee to be paid in respect of such permit.
(3) All by-laws made under subsection (1) shall be subject to the approval of the Legislative Council.
(4) Any by-laws made under subsection (1) may provide that a contravention of specified provisions thereof shall be an offence and may provide penalties therefor not exceeding a fine of $2,000.
(5) The Company shall cause printed copies of all by-laws made under this section to be kept at the registered office of the Company and to be available for sale at a reasonable charge to every person applying therefor.
(6) The Legislative Council may by resolution amend the amount specified in subsection (4).
PART VIII
COLLECTION OF TOLLS
36. (1) Subject to this Ordinance, the Company may demand and collect tolls in respect of the passage of motor vehicles through the tunnel.
(2) The tolls that may be collected under subsection (1) shall be those specified in the Schedule.
(3) The tolls specified in the Schedule may be varied-
(a) by agreement between the Governor in Council and the Company;
or
Company to charge approved tolls for use of
tunnel
Schedule
(b) in default of agreement by submission of the question of the
variation of tolls to arbitration under the Arbitration Ordinance (Cap. 341) by either the Governor in Council or the Company.
(4) On a submission to arbitration under subsection (3), the arbitra- tors shall be guided by the need to ensure that the carrying out by the Company of its obligations, or the exercise of its rights, under this Ordinance is reasonably but not excessively remunerative to the Company, having regard to-
(a) any material change in the economic conditions of Hong Kong since the enactment of this Ordinance or, as the case may be, since tolls were last determined under this section;
(b) the dismissal of any appeal by the Company made under section 53;