TNAG-0676-FCO40-825-Legislation-for-summary-offences-in-Hong-Kong-1977 — Page 32

C.S. 84

RESTRICTED

XCR(77)197

(c)

2

the northern road connections to the Aberdeen tunnel, has also commenced and is expected to be completed by early 1980. If this flyover extension is to be put to full use, the tunnel should also be completed by about the same time; and

several potential residential development schemes in the Mid-Levels, Pokfulam and the south side of the Island are at present held up because of inadequate road links. Early completion of the tunnel will allow further private development in these areas.

3

In order to complete the project by 1980, a contract period of 39 months was specified when international tenders were invited in September 1976. If this contract period was to be adhered to, it was assumed that tunnel excavation would have to be carried out on a 24- hour basis. Furthermore, a contract of this nature is capital rather than labour-intensive and therefore a high utilisation of the expensive plant employed should reduce costs. For this reason, 24-hour working in tunnels is a common practice throughout the world.

4

In the tender documents, tenderers were asked to submit details of any extra costs and conditions attaching to their tenders if night working were not allowed. Tenders were received in December 1976. In the case of the lowest tender, which was accepted, the additional cost quoted ranges from $3.7 million to $6.8 million, depending on the restrictive conditions to be imposed on night working, plus an addition of 400 days to the completion time for the works. A complete restriction on night working would thus not only delay com- pletion of the project and involve the Government in significantly higher construction costs, but it would also add to the Government's own supervision costs and lead to a loss of toll revenue from the completed tunnel.

Proposed Exemption from Section 13 of

the Summary Offences Ordinance

5

Under section 13 of the Summary Offences Ordinance (Chapter 228) it is an offence, between the hours of 11 p. m. and 6 a. m., to make any noise calculated to disturb the public tranquility or to annoy any person. This section, however, does not apply to such purposes or such circumstances as the Governor in Council may specify by order published in the Gazette. Such an order is now sought in respect of the works associated with the construction of the Aberdeen Tunnel.

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