A260
Ord. No. 50/88
Proof of plan
Definitions and application
(Cap. 374)
TATE'S CAIRN TUNNEL
(c) states that the accused person was the driver of the vehicle at the
time of the offence,
the court shall admit the statement as prima facie evidence that the accused person was the driver of the vehicle at the time of the offence.
43. (1) In any prosecution for an offence against this Ordinance, a copy of the plan, certified by the Commissioner to be a copy of such plan, shall be conclusive proof of the tunnel area.
(2) Any such copy purporting to be certified by the Commissioner shall be deemed, until the contrary is proved, to have been certified by him.
44. (1) In this Part-
"driver", in relation to any motor vehicle, means any person who is in
charge of or assisting in the control of such vehicle;
"driving licence" means a licence issued in accordance with regulations
made under section 8 of the Road Traffic Ordinance;
"owner" includes the person in whose name a vehicle is registered under the Road Traffic Ordinance and the person by whom the vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement;
"tunnel officer" means any person employed by the Company in connection. with the control, restriction and safety of traffic in the tunnel area.
(2) The powers conferred on a tunnel officer by section 41, other than the power to make a demand by serving a notice under subsection (2) of that section, may be exercised only within the tunnel area.
Default
(Cap. 6)
PART X
DEFAULT AND EXPIRATION OF THE FRANCHISE
45. For the purposes of this Part, the Company shall be deemed to be in default if—
(a) it has failed or there is a substantial likelihood of its failing to complete the construction works within the period or extended period allowed by section 14;
(b) there has been a substantial failure by it to discharge its obliga-
tions under the project agreement;
(c) it has failed or there is a substantial likelihood of its failing to
operate the tunnel in accordance with this Ordinance;
(d) the guarantors, having been called upon under the guarantee
agreement-
(i) fail to respond to such call within a reasonable period of time; or
(ii) are in material breach of any of the provisions of the guarantee agreement;
(e) it commits an act of bankruptcy within the meaning of section 3 of
the Bankruptcy Ordinance; or
No comments yet.
Private notes are available after approval.