1969-HKRS29-8-36_Part02 — Page 12

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"Commissioner" means the Commissioner for Transport: "Company" means The Cross-Harbour Tunnel Company, Limited and any other person to whom the rights and obligations of the Company under this Ordinance may be assigned with the consent of the Governor in Council in accordance with section 5:

"construction works" means all works relating to the construction of the tunnel structure carried out in the tunnel area or works

area:

"Director" means the Director of Public Works:

"grant" means the franchise to construct and operate the tunnel

granted for the period of grant by section 4;

"motor vehicle" means any mechanically propelled vehicle;

"operating date" means the date upon which the tunnel is opened to the use of the public in accordance with subsection (1) of section 32:

"period of grant" means the period mentioned in section 4;

"plan" means-

(a) the plan numbered 1 dated the 27th day of May 1969 signed by the Director and deposited in the Land Office, Victoria; and

(b) any new plan deposited in accordance with section 3: "retained rights" means the rights of ownership retained by the

Government under section 10:

"start of construction" means the date upon which the construc- tion works are commenced in accordance with subsection (1) of section 17:

"toll structure" means any structure erected by the Company for

the purpose of section 44;

"tunnel" means the four-lanc vehicular tunnel, or any part thereof,

to which the grant relates;

"tunnel area" means the area delineated and coloured red on the

plan;

"tunnel structure" means the tunnel and all buildings and other structures constructed in the tunnel area and ancillary to the exercise of the grant:

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"works arca” means the area, made available in accordance with

section 12, delineated and coloured blue on the plan.

3. (1) The Director may, with the agreement of the Com- pany, cause the boundaries, as shown on the plan, of the tunac! area or works area, or both, to be varied from time to time.

(2) Where any such boundaries are so varied, the Director shall prepare a new plan fixing the location of and delineating the tunnel area and the works area and describing the depths and configuration of the sea bed in the location of such areas.

(3) Every plan prepared in accordance with subsection (2) shall be numbered, dated, signed by the Director and deposited in the Land Office.

(4) Whenever a plan is deposited under subsection (3) the Director shall cause a notification of such deposit to be published in the Gazette.

PART II

PROVISIONS RELATING TO THE GRANT.

General,

4. (1) The Government hereby grants to the Company a franchise to construct and operate a four-lane vehicular tunnel across the harbour between Wan Chai and Hung Hom

(2) Such grant shall be subject to this Ordinance and to such agreements not in conflict therewith as may be concluded between the Government and the Company.

(3) Subject to this Ordinance, the grant shall continue until thirty years after the start of construction.

5. (1) The Company shall not, otherwise than by way of charge or mortgage for the purpose of financing the construction works, assign, charge, mortgage, sub-grant, underlet or otherwise dispose of its rights or obligations under this Ordinance or any part of such rights or obligations without the prior consent of the Governor in Council.

(2) The Governor in Council, when considering whether or not to grant such consent, shall take into account all the existing

Variation of plan.

Grant of franchise.

Restriction on disposition by Company.