TNAG-1781-FCO40-2541-Employment-in-Hong-Kong-various-ordinances-1988 — Page 100

TATE'S CAIRN TUNNEL

Ord. No. 50/88

A255

tunnel area by

Government

30. (1) The Governor in Council may, if he is satisfied that it is Operation of necessary to do so in the interests of public security, order that the Government shall take over the operation of the tunnel area or any part thereof together with such of the property of the Company as is necessary therefor, and continue such operation until the Governor in Council otherwise orders.

(2) The Government shall pay to the Company for any loss or damage suffered by the Company by reason of any order under subsection (1), such amount as may be agreed between the Government and the Company, or in default of such agreement such amount as may be determined by arbitration under the Arbitration Ordinance.

(3) Any period during which the Government operates the tunnel area or any part of that area shall be computed in and not deducted from the period specified in section 4(2).

31. (1) The Company may, and if so required by the Commissioner shall, close or partially close the tunnel to the use of the public whenever such action appears to be reasonably necessary for the safety of persons using or employed in the tunnel area, for routine maintenance or for cleaning.

(2) Save when required by the Commissioner to close or partially close the tunnel, the Company shall notify the Commissioner forthwith of any closure unless the Commissioner, by reason of his having been informed in advance of such closure, has waived his right to such notification.

(Cap. 341)

Closure of tunnel for safety reasons

32. (1) The Company may, with the prior approval of the Commis- Advertising in sioner in writing, use, or permit the use of any part of the tunnel area for tunnel area advertising purposes on such conditions as to charges and otherwise as may be determined by the Company.

(2) Part IX of the Public Health and Municipal Services Ordinance (Cap. 132) shall not apply to the use of any part of the tunnel area for advertising purposes.

(3) The Commissioner shall not give his approval under subsection (1) unless he is satisfied that the safety of persons using or employed in the tunnel area, and the passage of vehicles through the tunnel, will not be prejudiced by such advertising.

33. (1) The Commissioner may, without payment of tolls or other Commissioner charges to the Company, enter the tunnel area at any time after the road may enter operating date to ascertain whether the Company is-

(a) providing adequate and efficient facilities for the safe and efficient passage of motor vehicles and the occupants thereof through the tunnel and for the control and safety of traffic in the tunnel area;

or

(b) complying with the provisions of this Ordinance other than the

provisions of Part VI.

(2) The Company shall afford the Commissioner such facilities as he may require for the purposes of subsection (1).

tunnel for inspection purposes

34. (1) The Company shall maintain the following records relating to Records and the tunnel area and the operation of the tunnel-

information