A258
Ord. No. 50/88
Schedule
Schedule
Description of motor vehicle
Schedule
(Cap. 374)
Display of
notices of tolls
TATE'S CAIRN TUNNEL
(c) any material change in any other circumstances affecting the
exercise by the Company of its rights under the franchise;
(d) the effect of the introduction of, or alteration in, any tax or levy
imposed on the use of the tunnel;
(e) the project agreement; and
(f) any other relevant matter.
(5) In determining for the purposes of subsection (4) whether the carrying out by the Company of its obligations, or the exercise of its rights has been reasonably but not excessively remunerative to the Company, the arbitrators shall, if there has been any failure by a guarantor under the further guarantee agreement to comply with the terms of that agreement, deem the Company to be in the financial position it would have been in had the further guarantee agreement been honoured, and subject to this subsec- tion nothing in that subsection shall be deemed to render such failure a relevant matter which the arbitrators may take into consideration.
(6) Where under subsection (3)—
(a) the Governor in Council and the Company agree to a variation of
the tolls; or
(b) in an award pursuant to a submission to arbitration it is deter-
mined that the tolls should be varied,
the tolls specified in the Schedule shall be varied in compliance with such agreement or award, as the case may be.
7) The Commissioner shall, by notice in the Gazette, as soon as is practicable after such agreement or award as is referred to in subsection (6), amend the Schedule.
37. The description of motor vehicles mentioned in the Schedule shall be interpreted in accordance with the definitions and classes of motor vehicles mentioned in section 2 of the Road Traffic Ordinance.
38. (1) The Company shall, to the satisfaction of the Commissioner, cause to be displayed at both ends of the tunnel, in conspicuous places, and sale thereof notices stating the toll payable in respect of each category of motor vehicle. (2) The Company shall cause printed copies of the list of the tolls currently chargeable by the Company to be kept at the registered office of the Company and to be sold at a reasonable charge to every person applying therefor.
Company may not charge tolls
greater than those as fixed or varied
Schedule
Company may erect toll
structures, etc.
39. The Company shall not charge any person a toll greater than the appropriate toll specified in the Schedule.
40. For the purpose of collecting tolls the Company may erect in the tunnel area such toll gates, toll houses and other structures as it considers necessary.
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