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CAP. 203] Cross-Harbour Tunnel [1984 Ed.
(2) Payment of such royalty or reduced royalty, as the case may be, shall be made in respect of the operating receipts in each quarter on or before the last day of the month next following that quarter.
(3) If on the last day of any such month the Company has not been able to ascertain the operating receipts for the previous quarter the Company shall pay to the Government a sum equivalent to 12 per cent of the operating receipts for the next preceding quarter in respect of which operating receipts were ascertained by the Company; and in such cases subsequent royalty payments shall be adjusted to take into account any such equivalent sum paid so that the aggregate of payments shall represent as nearly as possible the amount currently due as royalty or reduced royalty payments:
Provided that this subsection shall not take effect until such time as the Company has paid to the Government the royalty or reduced royalty due in respect of the operating receipts for one complete quarter during which the tunnel is open to the use of the public.
(4) The acceptance by the Government of any sum tendered by the Company in accordance with the provisions of this section shall not prevent the Government from claiming any further sum in respect of the same quarter or any adjustment appearing to be due or necessary on any subsequent examination of the books and accounts and other material furnished by the Company for inspection under section 15.
(5) The payment by the Company of any sum in accordance with the provisions of this section shall not prevent the Company from claiming a refund in respect of any overpayment made by the Company and proved to the satisfaction of the Financial Secretary.
(6) In this section-
"operating receipts" means-
(a) the total gross sums received by the Company in respect of-
(i) the tolls as fixed or varied under section 40 or 41, as the case may be;
(ii) any charges imposed or other benefits obtained by the Company under sections 45 and 46; and
(iii) any other authorized charges imposed by the Company under this Ordinance,
but does not include-
(A) bank interest or dividends on investments,
(B) the proceeds of the sale or redemption of investments, or
(C) other capital assets,
and