TNAG-1515-FCO40-2076-Bridges-and-tunnels-in-Hong-Kong-1986 — Page 48

Defects.

PART VII

CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT

OF THE CONSTRUCTION WORKS: REGULATIONS

36. (1) Subject to subsections (2) and (3) the Road

Company shall be liable at all times until the expiration

or revocation of the franchise granted to it by section

4(1) to make good any defect in the construction works as

soon as practicable after the defect becomes apparent and

to the reasonable satisfaction of the Director.

(2) On and after the rail operating date and until

the expiration or revocation of the franchise granted by

section 5(1) the Rail Company shall be liable at all times

to make good any defect in the railway works as soon as

practicable after the defect becomes apparent and to the

reasonable satisfaction of the Director.

(3) Where the Rail Company is liable to make good any

defect by reason of the provisions of subsection (2), the

liability of the Road Company to make good any defect under

subsection (1) shall not arise unless the Director is of the

opinion that the Rail Company has failed or unreasonably

delayed to discharge its obligations under subsection (2) in

respect of those defects and he notifies the Road Company in

writing of the defect and of such failure or delay.