TNAG-1515-FCO40-2076-Bridges-and-tunnels-in-Hong-Kong-1986 — Page 69

(4)

On a submission to arbitration under subsection

(3), the arbitrators shall be guided by the need to ensure

that the carrying out by the Road Company of its

obligations, or the exercise of its rights, under this

Ordinance is reasonably but not excessively remunerative to

the Road Company, having regard to

-

(a)

any material change in the economic conditions of

Hong Kong since the enactment of this Ordinance

or, as the case may be, since tolls were last

determined under this section;

(b)

(c)

the dismissal of any appeal by the Road Company

made under section 75;

any material change in any other circumstances

affecting the exercise by the Road Company of its

rights under the franchise granted by section

4(1):

4(1);

(d) the effect of the introduction of, or alteration

in, any tax or levy imposed on the use of the

road tunnel;