TNAG-1515-FCO40-2076-Bridges-and-tunnels-in-Hong-Kong-1986 — Page 109

9. Parts VIII, IX and X are broadly speaking similar

to the analogous provisions of the Cross Harbour Tunnel

Ordinance and provide for the operation of the road tunnel,

the charging of tolls, by-laws and the manner of dealing

with traffic offences and offenders. The Government may

oprerate the road tunnel in an emergency.

The tolls which

may be charged are set out in a Schedule. By clause

55(4)(e) when future tolls are determined the principle

must be applied that the motoring public cannot be required

to finance the railway works.

10.

Part XI deals with the operation of the railway.

11. Part XII deals with default by the Road and Rail

Companies or their guarantors and the revocation and

expiration of the franchises. In the case of defaults

which are capable of being remedied the Secretary

for

Transport must first call upon that default to be remedied

before the matter is referred to the Governor in Council

(clause 68) and if he fails to do so the Governor in

Council can require him to do so. Defaults are divided

into those happening before the guarantors have discharged

their obligations under the guarantee agreement and those

happening after.

Defaults prior to this date can lead to

both franchises being revoked. The guarantors are treated