Tate's Cairn Tunnel
[CAP. 393
21
1988 Ed.]
Definitions and application
44. (1) In this Part-
"driver", in relation to any motor vehicle, means any person who is in charge of or assisting in the control of such vehicle;
"driving licence" means a licence issued in accordance with regulations made under section 8 of the Road Traffic Ordinance (Cap. 374);
"owner" includes the person in whose name a vehicle is registered under the Road Traffic Ordinance and the person by whom the vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;
"tunnel officer" means any person employed by the Company in connection with the control, restriction and safety of traffic in the tunnel area.
(2) The powers conferred on a tunnel officer by section 41, other than the power to make a demand by serving a notice under subsection (2) of that section, may be exercised only within the tunnel area.
PART X
DEFAULT AND EXPIRATION OF THE FRANCHISE
Default
45. For the purposes of this Part, the Company shall be deemed to be in default if-
(a) it has failed or there is a substantial likelihood of its failing to complete the construction works within the period or extended period allowed by section 14;
(b) there has been a substantial failure by it to discharge its obligations under the project agreement;
(c) it has failed or there is a substantial likelihood of its failing to operate the tunnel in accordance with this Ordinance:
(d) the guarantors, having been called upon under the guarantee agreement-
(i) fail to respond to such call within a reasonable period of time;
(ii) are in material breach of any of the provisions of the guarantee agreement;
(e) it commits an act of bankruptcy within the meaning of section 3 of the Bankruptcy Ordinance (Cap. 6); or
(f) it fails to comply with a notice under section 46,
and the expression "default" shall be construed accordingly.