TNAG-0563-FCO40-658-Construction-of-an-underground-railway-system-in-Hong-Kong-1975 — Page 51

CONFIDENTIAL ##

機密

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XCC(75)6

Finally, by disapplying section 13 of the Summary Offences Ordinance (Chapter 228), clause 21(4) will enable works to be carried out at night. The general position is that, if any works are undertaken without negligence and in accordance with statutory authority, the general law of nuisance will not apply. Thus, members of the public would have no remedy against nuisance caused by construction unless they were able to prove that the works either were not authorised or that negligence was involved, in which case they could apply to the courts for a cease work order. On the other hand, the contract documents will provide, inter alia, for the restriction of certain types of piling to particular hours and the limitation of noise at every site to tolerable levels. These levels will be determined having regard to the general level of noise under normal conditions obtaining in the general location of each site.

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Subsidiary Legislation, Part V of the bill deals with sub- sidiary legislation and the provisions are adequately summarised in the explanatory memorandum. The enabling powers in these clauses are sufficiently wide to cover the matters expected to be dealt with under subsidiary legislation.

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Transitional Provisions. Upon the bringing into operation of the Ordinance, the Provisional Authority's assets, obligations and liabilities will automatically be transferred to the Corporation under clause 29, while clauses 30(1) and 30(2) bind the Corporation to all agreements to which Provisional Authority is a party. These provisions are meant to apply to contracts for preliminary works, and investi- gations and additional public works, to staff agreements, to the Pro- visional Authority's terms and conditions of service for staff, and to contracts with consultants, advisers, landlords and the public utilities.

Publicity

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The publication of the bill is certain to generate widespread public interest. In view of this, steps will be taken at an appropriate time to arrange a press conference at which representatives of the Provisional Authority will freely answer questions on the provisions of the bill and its implications, as well as questions regarding the con- struction of the Railway. It will be necessary to warn members of the public that the construction of the Railway will cause a fair amount of disruption to the environment; at the same time it will also be desirable to reassure them that the specifications for the Railway provide for the limitation of noise, inconvenience and other forms of disruption to tolerable levels.

CONFIDENTIAL **