TNAG-1816-FCO40-2577-Media-in-Hong-Kong-Registration-of-Local-Newspapers-(Amendme-1988 — Page 19

TATE'S CAIRN TUNNEL

Ord. No. 50/88

A247

"toll structure" means any structure erected by the Company for the

purposes of section 40;

"tunnel" means the twin tube tunnels each containing 2 traffic lanes passing

under Tate's Ridge between Diamond Hill and Siu Lek Yuen; "tunnel area" means the area delineated and coloured red on the plan; "utility" means any electric power cable, telephone cable or other cable used in communication, any telecommunications apparatus, any pipe used in the supply of water, gas or oil, or for drainage or sewerage, together with any duct for such cable or pipe and any apparatus or works ancillary to such cable, apparatus, pipe or duct.

(2) Any reference to the Director or the Commissioner in any provi- sion of this Ordinance shall be deemed to include any public officer whom the Director or Commissioner, as the case may be, authorizes to exercise his functions under that provision.

(3) Any function to be exercised by the Governor in Council under this Ordinance may, where the Governor is of the opinion that the matter is one of urgency, be exercised by the Governor.

(4) A reference in this Ordinance to arbitration under the Arbitration (Cap. 341) Ordinance shall be deemed, for the purposes of the Arbitration Ordinance, to be a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by each party.

3. (1) The Commissioner may, with the agreement of the Company, Variation cause the boundaries of the tunnel area to be varied from time to time.

(2) Where any such boundaries are so varied, the Commissioner shall prepare a new plan fixing the location of and delineating the tunnel area.

(3) Every new plan prepared in accordance with subsection (2) shall be numbered, dated, signed by the Commissioner and deposited in the Land Office.

(4) Whenever a new plan is deposited under subsection (3), the Commissioner shall cause a notification of such deposit to be published in the Gazette.

of plan

PART II

THE FRANCHISE

4. (1) Subject to this Ordinance, the Company shall have the The franchise franchise to-

(a) construct the tunnel;

(b) construct all other works comprised in the project;

(c) keep in place the works referred to in paragraphs (a) and (b), (other than works which are, under the project agreement, to be handed over to the Government) for the purpose specified in paragraph (d) and for the period specified in subsection (2); and (d) operate the tunnel area for the public, upon payment to the

Company of the tolls specified in Part VIII and the Schedule, from Schedule the road operating date until the expiry of the period specified in subsection (2).