TATE'S CAIRN TUNNEL
Ord. No. 50/88
14. (1) Subject to this section, the Company shall complete the construction works within 37 months from the start of construction or within such extended period as may-
(a) be approved by the Governor in Council; or
(b) be granted by the Director on the grounds specified in the project
agreement and in accordance with that agreement.
(2) If the Company fails, or appears to be likely to fail, to complete the construction works within the period specified in subsection (1), the Gover- nor in Council shall, in considering whether or not to exercise its powers under subsection (1), take into account the extent to which the construction works have been carried out and whether such failure was or is occasioned by circumstances beyond the control of the Company (the want of sufficient funds not being regarded as a circumstance beyond its control).
A251
Period within which works must be completed
15. For the purposes of section 14(1) the date when the Company shall Determination be deemed to have completed the construction works shall be the road of date of operating date.
16. (1) Subject to subsection (3) any construction works which are to be carried out under the project agreement and in accordance with any approval or exemption thereunder may be carried out without further authority notwithstanding anything to the contrary in any Ordinance:
Provided that nothing in this section shall authorize anything to be done in contravention of section 13 of the Summary Offences Ordinance.
(2) Subject to subsection (3) the Buildings Ordinance shall not apply in relation to the construction works.
(3) The Secretary for Lands and Works may, by notice in the Gazette, apply the Buildings Ordinance, or any provision thereof, to any of the construction works:
Provided that nothing in this subsection shall apply to any such works which are civil engineering works.
PART VI
CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT OF
THE CONSTRUCTION WORKS: REGULATIONS
completion
Project agreement sufficient
authority to carry out works
(Cap. 228)
(Cap. 123)
17. (1) The Company shall be liable at all times until the expiration Defects or revocation of the franchise to make good any defect in the construction works as soon as practicable after the defect becomes apparent and to the reasonable satisfaction of the Director.
(2) The Director may, by notice in writing, require the Company to effect such works as he considers necessary to make good any defect that it is liable to make good under this section and any damage to the construction works arising from such defect.
(3) Nothing in this section shall impose any liability on the Com- pany to-
(a) undertake any work or remedy any defect or damage to the construction works arising from such defect, beyond the work reasonably required to remedy such defect or damage; or