1969-HKRS28-8-36_Part02 — Page 16

Nou-applica- tion of Buildings Ordinance. (C)p. 123)

Non-applica

tion of section

13 of the

Summary

Offences Ordinance. (Cap. 208.)

Completion date.

Restoration of sea bed and

warks area.

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(2) It such owner or other person fails to comply with any such requirement within any reasonable time specified in such notice the Company may, notwithstanding any other law, effect such diversion.

(3) All expenses incurred in any diversion under this section shall be borne by the Company.

(4) Any diversion under this section shall be carried out as far as practicable without causing interruption in the service supplied by the public utility concerned.

(5) In this section, "public utility" means electric power cables, telephone and other cables used in communication and pipes used in the supply of water, gas or oil or for drainage or sewerage.

26. The Buildings Ordinance shall not apply in respect of the tunnel structure and construction works.

27. Section 13 of the Summary Offences Ordinance (which relates to the making of noise at night) shall not apply in respect of the tunnel structure and construction works until the operating date, or such later date as may be approved by the Governor in Council.

Completion of construction.

28. (1) The Company shall complete the tunnel structure before the 18th day of August 1973, or such later date as may be approved by the Governor in Council.

(2) If the Company fails, or appears to be likely to fail, to complete the tunnel structure before the 18th day of August 1973. the Governor in Council shall, if considering the approval of a later date for such completion, take into account 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).

29. (1) On the completion of the construction works, or as soon as is reasonably practicable thereafter-

(a) the sea bed affected thereby shall, to the satisfaction of the Director, be restored by the Company, as nearly as possible in conformity with the depths and configuration described in the plan;

(b) subject to any agreement between the Government and the Company, the works area shall, to the satisfaction of

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the Director, be restored by the Company as nearly as possible to its condition prior to the start of construction. (2) If the Company fails to effect any restoration in accord- ance with subsection (1) the Director may effect the same.

30. The expense of any restoration under section 29 shall be borne by the Company, and where any such restoration is effected by the Director the expense thereof shall be recoverable from the Company by the Director.

3. The Company shall not open any part of the tunnel to the use of the public until the Director has issued to the Company a certificate stating that in his opinion the part of the tunnel in- tended to be opened for such use is in a condition fit therefor.

PART IV.

OPERATION OF THE TUNNEL.

Use of the tunnel facilities.

32. (1) Subject to section 31, the tunnel shall be opened to the use of the public on a date to be agreed between the Commis- sioner and the Company.

(2) The Commissioner shall cause a notice to be published in the Gazerte specifying the operating date.

33. Subject to this Ordinance, on the operating date and thereafter throughout the continuance of the grant the Company shall provide and operate, to the satisfaction of the Commissioner, adequate, efficient and safe facilities for the passage of motor vehicles through the tunnel.

34. Subject to this Ordinance—

(a) the tunnel shall be used for the passage of motor vehicles

upon payment of the appropriate tolls; and

(b) the Company shall not without reasonable grounds pre-

vent or refuse the use of the tunnel for such purpose.

35. (1) The Company shall, to the satisfaction of the Com- missioner, provide personnel and facilities for the control and safety of motor vehicles and persons in the tunnel area.

(2) The provision of such personnel and facilities shall be at the expense of the Company.

Expenses of restoration.

Certificate required before tunnel opened.

Operating date.

Company to provide tunnel facilities.

Right to use of tunnel facilities.

Control and safety of tunnel traffic.