TNAG-1510-FCO40-2068-Hong-Kong-roads-and-traffic-legislation-1986 — Page 4

(c) Regarding 7(d), the objector's shop faces The southern staircase of the footbridge, which will be situated north of the shop, will not have a shadow projection intruding into the shop. Also, as there will be a 3 metre clear width between

between the side of the southern staircase and the frontage of the shop, it is considered that free flow of air would not be impeded.

The objector, on the basis of the points mentioned in paragraph 7, is strongly opposed to the works and the use of the scheme. However, as there is only limited space available in the location, modification of the scheme is considered to be

impractical, and would, if made, give rise to fundamental

breaches of the criteria set out in paragraph 8 above.

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Annex C.

Copies of the correspondence with the objector are at

Courses of action available

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Members will be aware that under section 11 of the Roads (Works, Use and Compensation) Ordinance, the Governor in Council may :-

(a)

under subsection (2) (a) decline to authorize the works and the use;

(b)

under subsection (2) (b) and the use, with or

authorize the works without modification

(c)

and subject to such conditions, as to amelioration or avoidance of the effects of the works, as thought fit; and

under subsection (3) refer the plan, scheme and objection to the Town Planning Board for a report and advice.

Consequence of authorizing the works and the use

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As a consequence of a decision to authorize the works and the use under section 11(2) of the Roads (Works, Use and Compensation) Ordinance the power of the Secretary for Transport under section 20 of the Ordinance may be exercised as and when required for the alteration or repositioning of utility services affected by the work.