TNAG-1804-FCO40-2564-Hong-Kong-health-services-various-ordinances-1988 — Page 210

A252

Ord. No. 50/88

Repair of tunnel and road

works

Provisions supplementary

to sections 17 and 18

Closure of tunnel

TATE'S CAIRN TUNNEL

(b) remedy any defect which does not, or is unlikely to, adversely affect the design life, operation, use or safety of the construction works.

18. (1) The Company shall keep in a state of repair until the expiration or revocation of the franchise and to the satisfaction of the Director-

(a) the tunnel; and

(b) all works, whether within or outside the tunnel, which it has the

right to keep in place under section 4(1)(c).

(2) The Director may, by notice in writing, require the Company to effect such repairs and alterations to the structures or works it is required by subsection (1) to keep in a state of repair as he considers necessary for the proper repair thereof and for the obviation of fire and other hazards therein.

19. (1) Where any works are effected by the Company under section 17 or 18, the provisions of section 16 and the project agreement shall apply in respect of the carrying out of such works as though the same were the carrying out of the construction works with such modifications as the circumstances of the case may require or as the Director may determine.

(2) The Director shall not exercise his powers under section 17 or 18 in such manner as would require the Company to carry out any works to a standard which is substantially higher than that-—

(a) required by--

(i) any relevant approval or exemption under the project agreement; or

(ii) standards generally prevailing,

when the construction works were first carried out;

(b) which may be reasonably justified having regard to the age of the construction works at the time when such works as so required are to be carried out.

(3) If the Company fails to comply with any requirement of the Director under section 17 or 18 within a reasonable time after the receipt of notice of the requirement, the Director may effect the necessary works.

(4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying out of any works which the Company is required by section 17 or 18 to carry out, he may require the Company to effect the same forthwith or, if he thinks fit, he may forthwith effect the same with or without notice to the Company.

(5) The expense of any works carried out under section 17 or 18 shall be borne by the Company and, where any such works are effected by the Director, the expense thereof shall be recoverable from the Company by the Government as a civil debt.

20. (1) The Company may, and if required by the Director shall, close or partially close the tunnel whenever this is necessary to enable any works to be effected by reason of any obligation imposed by this Part.

(2) The Company shall not, except in an emergency, effect any such closure under subsection (1) without prior notification in writing to the Commissioner where any road traffic lane is to be closed.

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