12.
Variations of tolls of tunnels explained
Following is a question by the Hon Wong Wai-yin and a reply by the Secretary for Transport, Mr Gordon Siu, in the Legislative Council today (Wednesday):
Question:
Regarding the interpretation that the Tate's Cairn Tunnel Ordinance and the Eastern Harbour Crossing Ordinance do not empower the Legislative Council to amend subsidiary legislation relating to the variation of the tolls of the tunnels concerned, will the Government inform this Council:
Reply:
(a)
(b)
Mr President,
whether the above interpretation reflects the original intent of the Transport Branch in drafting the relevant bills; if not, when did the Branch reach such an interpretation; and
whether consideration will be given to amending the above Ordinances so as to specify clearly that this Council is empowered to amend subsidiary legislation relating to the tolls of the tunnels concerned; if not, why not?
The provision for variation of tolls in the Tate's Cairn Tunnel Ordinance was modelled on that in the Eastern Harbour Crossing Ordinance. Both provide that tolls may be adjusted in accordance with an agreement reached between the Governor-in- Council and the Company or failing that by arbitration under the Arbitration Ordinance. We have checked through our records and confirmed that this was the intention as from the day of drafting the Drafting Instruction for the Eastern Harbour Crossing Bill 1986. This intention was also set out in the Brief issued to this Council on 12 June 1986 on the Bill. It was further confirmed to this Council when my predecessor made the Speech on 2 July 1986 in moving the Bill be read a second time and I quote -
"The initial tolls have been established and are recorded in the schedule to the Bill. They can only be altered with the agreement of the Governor-in-Council, or failing agreement, following arbitration."