TNAG-1515-FCO40-2076-Bridges-and-tunnels-in-Hong-Kong-1986 — Page 115

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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8.

The purpose of this Bill is to provide the

necessary statutory backing to the civil contract,

covering in particular the regulation of the construction

and maintenance of the tunnels, the setting, reviewing and

collection of tolls, the control of traffic and certain

procedures concerning the setting up and control of the

companies holding the franchises, including the rights and

obligations of the Mass Transit Railway Corporation in

respect of the railway. As was a condition of the civil

contract with the Consortium, it is modelled on the Cross

Harbour Tunnel Ordinance but in the event it is rather

longer and more complex essentially because of the need to

cater for a rail tunnel in addition to a road tunnel.

9.

The Bill has 13 parts. Parts I to IV deal with

the length of the franchises, the company structure,

capitalisation and directors - Government will have two

Directors on the board of the road company. Parts V and

VI cover the construction phase, in particular the powers

of the Director of Highways in respect of standards and

methods. Part VII covers the continuing obligations of

the road and rail companies, in particular in respect of

defects and maintenance. In essence the position is that

the companies are responsible for the remedy of latent

defects and with respect to the immersed tube portion of

the Project the additional requirement to maintain the

tube in sound condition. Parts VIII, IX and X provide for

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