A354
Ord. No. 56/86
(Cap. 341.)
Minor amendments to the principal Ordinance.
Amendment of
Public Bus Services Ordinance.
KOWLOON-CANTON RAILWAY CORPORATION (AMENDMENT)
17. The Governor may by order published in the Gazette amend Part II of this Schedule:
Provided that the prior consent of the Corporation shall be required to amendment which has the effect of imposing any new restriction on the Corporation as to the manner in which it may use the land or any part thereof or which otherwise limits the rights granted in this Schedule.
18. (1) In this Schedule-
(a) a reference to arbitration shall be construed as a reference to arbitration under the Arbitration Ordinance and shall, for the purposes of that Ordinance, be deemed to be a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by the Corporation and the other by the Director of Buildings and Lands; (b) the expressions "the land" and "the plans" have the meanings assigned to
them by paragraph 1.
(2) Any reference to the Government or the Corporation shall, where the reference relates to any right to go onto any land or do anything thereon, be deemed also to refer to their servants or agents.".
21. The provisions of the principal Ordinance specified in the first column of the Schedule are amended to the extent shown in the second column thereof.
22. The Public Bus Services Ordinance is amended--
(a) in section 2 by inserting after the definition of “grantee” the following—
"North-west Transit Service Area" means the North-west Transit Service Area within the meaning of the Kowloon-Canton Railway Corporation Ordinance;”;
(Cap. 230.)
(Cap. 372.)
(b) in section 5 by inserting after subsection (4) the following—
(Cap. 372.)
(Cap. 372.)
(Cap. 341.)
"(5) A franchise may, with or without the consent of the grantee, be amended by the Governor in Council by order in the Gazette so as to restrict or prohibit the taking up or setting down of passengers within the North-west Transit Service Area or, where the boundaries of that Area are varied under section 2(3) of the Kowloon-Canton Railway Corporation Ordinance, to alter such a restriction or prohibition to take account of such variation.
(6) Where an amendment to a franchise is made under sub- section (5) without the consent of the grantee, the grantee shall be entitled to compensation for the loss of any permitted return (as defined in Part V) on any investment which the grantee may reasonably have been expected to make had the franchise not been so amended, subject to the deduction from that permitted return of any sum required to be deducted under sections 28 and 29.
(7) In determining any compensation payable under subsection (6) account shall be had of any opportunity which the grantee may have had to mitigate his loss and to the effect the construction and operation of the North-west Railway under the Kowloon-Canton Railway Cor- poration Ordinance would have had on the operations of the grantee (being an effect for which no compensation is payable) had his franchise not been amended.
(8) Compensation payable under subsection (6) shall be in such amount as may be agreed between the Commissioner and the grantee or, in the event of a failure to agree, as may be determined by arbitration under the Arbitration Ordinance and, for the purposes of that Ordinance, the reference in this subsection to arbitration shall be deemed to be a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by the grantee and one by the Commissioner.
KOWLOON-CANTON RAILWAY CORPORATION (AMENDMENT)
Ord. No. 56/86
A355
of 1986.)
(9) The powers conferred on the Governor in Council by sub- section (5) shall cease to be exercisable after a period of 20 years from the commencement of the Kowloon-Canton Railway Corporation (Amendment) Ordinance 1986 or such further period or periods as may be authorized by resolution of the Legislative Council.";
(c) in section 34 (aa) by deleting "grantee" and substituting the following--
"grantee or in consequence of an order under section 5(5)";
(d) in section 35 by inserting after paragraph (ƒ) the following-
"(fa) during the period referred to in section_5(9), prohibiting or restricting the putting down or taking up of passengers or of any class of passengers by a grantee within the North-west Transit Service Area otherwise than as may be permitted by its franchise;”.
23. The Public Bus Services Regulations are amended—
(a) in regulation 3(3) by deleting "A" and substituting the following-
"Subject to regulation 24A, a";
(b) by adding after regulation 24 the following—
Restrictions on putting down and taking up of passengers.
Bus stop.
"PART VA
PROVISIONS APPLICABLE IN THE NORTH-WEST TRANSIT SERVICE AREA
24A. During the period referred to in section 5(9) of the Ordinance every grantee shall within the North-west Transit Service Area ensure that no bus used by it in connexion with its franchise, otherwise than as may be permitted by its franchise, or as may be permitted by the Commissioner with the consent of the Kowloon- Canton Railway Corporation, or in an emergency—
(a) puts down any passenger who has boarded the bus within
the North-west Transit Service Area; or
(b) takes up any passenger whose journey is to terminate within
the North-west Transit Service Area.
24B. In addition to any powers which the Commissioner may exercise under regulation 3 he may, during the period referred to in section 5(9) of the Ordinance, within the North-west Transit Service Area restrict a bus stop under that regulation so that it may only be used, or may not be used, by passengers who are travelling to, or arriving from, a point outside the North-west Transit Service Area."; (c) by inserting after regulation 25(2) the following—
"(3) Any grantee who fails to ensure compliance with regulation 24A commits an offence and is liable, on summary conviction, to a fine of $2,000.".
Amendment of Public Bus Services Regulations. (Cap. 230. Sub. leg.)
24. Section 25A of the Housing Ordinance is amended by inserting after Amendment of subsection (3) the following-
(Cap. 372.)
Housing Ordinance.
"(4) Nothing in this section shall apply to the rolling stock of the (Cap. 283.) North-west Railway as defined in the Kowloon-Canton Railway Cor- poration Ordinance.".
25. The Schedule to the Motor Vehicles (First Registration Tax) Ordinance is Amendment of amended in item 4 by inserting after “Ordinance" the following-
(Cap. 372.)
"or under the Kowloon-Canton Railway Corporation Ordinance within the North-west Transit Service Area as defined in that Ordinance”.
Motor Vehicles (First Registration Tax) Ordinance. (Cap. 330.)
No comments yet.
Private notes are available after approval.