12
13
Application of
other laws. (Cap. 274.)
Closure of tuane) for safety reasons.
Operation of tunnel by Government.
(Cus. 141)
Commissioner may enter tundel for inspection purposes.
Company
to charge
approved
colla for use
of tuoncl.
36. (1) Subject to this Ordinance, the provisions of the Road Traffic Ordinance shall apply to the tunnel area and approach roads as if they were roads within the meaning of that Ordinance. (2) The tunnel area and approach roads shall be a public place for the purposes of any law.
37. (1) The Company may, and if so required by the Com- missioner shall, close or partially close the tunnel to the use of the public whenever such action appears to be reasonably necessary for the safety of persons using or employed in the tunnel area.
(2) Save when required by the Commissioner to close or partially close the tunnel, the Company shall notify the Commis- sioner forthwith of any such closure.
38. (1) The Governor in Council may, if he is satisfied that it is necessary to do so in the interests of public security, order that the Government shall take over the operation of the tunnel, together with such of the property of the Company as is necessary therefor, and continue such operation until the Governor in Council otherwise orders,
(2) The Government shall pay to the Company for any loss or damage suffered by the Company by reason of any such take- over, such amount as may be agreed between the Government and the Company or in default of such agreement such amount as may be determined by arbitration under the Arbitration Ordinance.
(3) The duration of any such taking over shall be computed in and not deducted from the period of the grant.
39. (1) The Commissioner may, without payment of tolls or other charges to the Company, enter the tunnel area at any time after the operating date-
(a) to ascertain whether the Company is providing adequate, cfficient and safe facilities for the passage of motor vehicles and the occupants thereof through the tunnel and for the control and safety of traffic in the tunnel area; (b) to ascertain whether the Company is complying with any
other provisions of this Ordinance.
(2) The Company shall afford the Commissioner such facili- ties as he may require for the purposes of subsection (1).
Collection of tolls.
40. (1) Subject to this Ordinance, the Company shall demand and collect, in respect of the passage of motor vehicles through the tunnel, such tolls as may be fixed by the Company and approved by the Governor in Council prior to the operating
date or as may be agreed or decided after that date under sec- tion 41.
(2) The Commissioner shall cause a list of the tolls fixed and approved under subsection (1) to be published in the Gazette prior to the operating date.
41. (1) The Governor in Council and the Company may from time to time agree to vary the tolls fixed and approved under section 40 or agreed or decided under this section.
(2) In default of agreement under subsection (1), the Governor in Council or the Company may submit the question of the variation of tolls to arbitration under the Arbitration Ordinance.
(3) On a submission to arbitration under subsection (2), the arbitrator shall consider whether the carrying out of its obligations or the exercise of its rights under this Ordinance is not reasonably remunerative or is excessively remunerative to the Company, having regard to-
(a) any material change in the economic conditions of Hong
Kong:
(b) any order made in accordance with subsection (4) of
section 57;
(c) the dismissal of any appeal by the Company made under
section 58:
(d) any material change in any other circumstances affecting
the grant.
(4) Where
(a) under subsection (1) the Governor in Council and the
Company agree to a variation of the tolls; or
(6) on a submission to arbitration under subsection (2) it
is decided that the tolls should be varied,
the tolls fixed and approved under section 40 or any variation of such tolls effected under this section, shall be varied in compliance with such agreement or decision, as the case may be.
(5) The Commissioner shall cause a list of the tolls varied under this section to be published in the Gazette as soon as is practicable after such agreement or decision.
42. (1) The Company shall, to the satisfaction of the Com- missioner, cause to be displayed at both ends of the tunnel, in conspicuous places, copies of the list of the tolls currently chargea- ble by the Company.
Variation of tolls.
(CA. 11)
Display of copies of list of tolls and sale thereof.