1969-HKRS29-8-36_Part02 — Page 18

Company may not charge tolls greater than those 39 fixed of varied.

Company may erect full structures.

Installation of power cables, clc., Through tunnel.

Advertising in tunnel area.

(Cp. 132)

Commissioner to have regard

for safety in use of and

passage through the tunnel.

Tunnel to be maintained in state of repair.

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(2) The Company shall cause printed copies of such list to be kept at the registered office of the Company and to be sold at a reasonable charge to every person applying therefor.

43. The Company shall not charge any person a toll greater than the appropriate toll fixed and approved under section 40, or, where varied under section 41, the appropriate toll so varied.

44. For the purpose of collecting the tolls the Company may, subject to any exercise of the retained rights, erect in the tunnel arca such toll gates, toll houses and other structures as it considers necessary.

Cable installation and advertising in tunnel area.

45. Subject to any exercise of the retained rights, the Com- pany may, with the prior approval of the Commissioner, permil the installation of electric power supply cables and telephone cables, and other cables to be used for communication, within the tunnel structure on such conditions as to charges and otherwise as may, with the like approval, be imposed by the Company.

46. (1) Subject to any exercise of the retained rights, the Company may, with the prior approval of the Commissioner, use, or permit the use of any part of the tunnel structure for advertising purposes on such conditions as to charges and otherwise as may, with the like approval, be imposed by the Company.

(2) Part IX of the Public Health and Urban Services Ordin- ance shall not apply to the use of any part of the tunnel structure for advertising purposes.

47. The Commissioner shall not give his approval to any installation under section 45 or to any advertising under section 46 unless he is satisfied that the safety of persons using or employed in the tunnel area and the passage of motor vehicles through the tunnel will not be prejudiced by such installation or advertising,

PART V.

MAINTENANCE. REPAIR AND ALTERATION,

48. (1) The tunnel structure shall be maintained by the Com- pany in a state of repair to the satisfaction of the Director.

(2) The Director may, by notice in writing, require the Com- pany to effect such repairs and alterations to the tunnel structure as he considers necessary for the proper maintenance thereof and For the obviation of fire and other hazards therein.

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(3) If the Company fails to comply with any such requirement within a reasonable time after the receipt of such notice the Director may effect the necessary repairs and alterations.

(4) If at any time there exist, in the opinion of the Director. any circumstances requiring the immediate putting into effect of such repairs or alterations he may require the Company to effect the same forthwith or, if he thinks fit, may forthwith effect the same with or without notice to the Company.

(5) The expense of repairs or alterations under this section shall be borne by the Company and where any such repairs or alterations are effected by the Director the expense thereof shall be recoverable from the Company by the Director.

49. Where any repairs or alterations to the tunnel structure are effected by the Company under section 48, the provisions of sections 20 to 26 and section 66 shall apply in respect of such repairs or alterations as though the same were construction works.

50. (1) The Company may, or if so required by the Director shall, close or partially close the tunnel to the use of the public whenever necessary to enable any repairs or alterations to be effected to the tunnel structure,

(2) The Company shall not effect any such closure without prior notification to the Commissioner.

(3) Whenever a closure is effected under this section in pur- suance of a requirement of the Director, the tunnel or such part thereof thereby affected shall not be re-opened to the use of the public without the prior consent of the Director.

PART VI.

REVOCATION AND EXPIRATION OF THE GRANT, AND WINDING UP OF COMPANY.

$1. (1) If in the opinion of the Governor in Council- (a) the Company has failed, or appears to be likely to fail. to complete the tunnel structure by the date required by subsection (1) of section 28, or to provide or operate the tunnel facilities, or to maintain the tunnel structure as required by this Ordinance; or

(b) there has been a substantial failure of the Company to comply with any of the provisions of this Ordinance,

the Governor in Council may direct the Commissioner to serve on the Company a notice specifying the grounds for any such opinion

Application of sections 20 10 26 and section 66 to repairs and alterations.

Closure of tunnel for repairs or alterations.

Revocation of the grant.