CAP. 203]
Cross-Harbour Tunnel
[1984 Ed.
Commissioner may enter tunnel for inspection purposes.
Company to charge approved tolls for use of tunnel.
Variation of tolls.
(Cap. 341.)
39. (1) The Commissioner may, without payment of tolls or other charges to the Company, enter the tunnel area at any time after the operating date-
(a) to ascertain whether the Company is providing adequate, efficient and safe facilities for the passage of motor vehicles and the occupants thereof through the tunnel and for the control and safety of traffic in the tunnel area;
(b) to ascertain whether the Company is complying with any other provisions of this Ordinance.
(2) The Company shall afford the Commissioner such facilities as he may require for the purposes of subsection (1).
Collection of tolls
40. (1) Subject to this Ordinance, the Company shall demand and collect, in respect of the passage of motor vehicles through the tunnel, such tolls as may be fixed by the Company and approved by the Governor in Council prior to the operating date or as may be agreed or decided after that date under section 41.
(2) The Commissioner shall cause a list of the tolls fixed and approved under subsection (1) to be published in the Gazette prior to the operating date.
41. (1) The Governor in Council and the Company may from time to time agree to vary the tolls fixed and approved under section 40 or agreed or decided under this section.
(2) In default of agreement under subsection (1), the Governor in Council or the Company may submit the question of the variation of tolls to arbitration under the Arbitration Ordinance.
(3) On a submission to arbitration under subsection (2), the arbitrator shall consider whether the carrying out of its obligations or the exercise of its rights under this Ordinance is not reasonably remunerative or is excessively remunerative to the Company, having regard to-
(a) any material change in the economic conditions of Hong Kong:
(b) any order made in accordance with section 57(4);
(c) the dismissal of any appeal by the Company made under section 58;
(d) any material change in any other circumstances affecting (Amended, 28 of 1984, s. 10)
the grant;
(e) the effect of the introduction of, or alteration in, any tax or levy imposed on the use of the tunnel. (Added, 28 of 1984, s. 10)
Page 15
Page 16
14
CAP. 203]
Cross-Harbour Tunnel
[1984 Ed.
Commissioner may enter tunnel for inspection
purposes.
Company to charge approved tolls for use of tunnel.
Variation of tolls.
(Cap. 341.)
39. (1) The Commissioner may, without payment of tolls or other charges to the Company, enter the tunnel area at any time after the operating date-
(a) to ascertain whether the Company is providing adequate, efficient and safe facilities for the passage of motor vehicles and the occupants thereof through the tunnel and for the control and safety of traffic in the tunnel area;
(b) to ascertain whether the Company is complying with any
other provisions of this Ordinance.
(2) The Company shall afford the Commissioner such facili- ties as he may require for the purposes of subsection (1).
Collection of tolls
40. (1) Subject to this Ordinance, the Company shall demand and collect, in respect of the passage of motor vehicles through the tunnel, such tolls as may be fixed by the Company and approved by the Governor in Council prior to the operating date or as may be agreed or decided after that date under section 41.
(2) The Commissioner shall cause a list of the tolls fixed and approved under subsection (1) to be published in the Gazette prior to the operating date.
41. (1) The Governor in Council and the Company may from time to time agree to vary the tolls fixed and approved under section 40 or agreed or decided under this section.
(2) In default of agreement under subsection (1), the Governor in Council or the Company may submit the question of the variation of tolls to arbitration under the Arbitration Ordinance.
(3) On a submission to arbitration under subsection (2), the arbitrator shall consider whether the carrying out of its obligations or the exercise of its rights under this Ordinance is not reasonably remunerative or is excessively remunerative to the Company, having regard to-
(a) any material change in the economic conditions of Hong
Kong:
(b) any order made in accordance with section 57(4);
(c) the dismissal of any appeal by the Company made under
section 58;
(d) any material change in any other circumstances affecting (Amended, 28 of 1984, s. 10)
the grant;
(e) the effect of the introduction of, or alteration in, any tax
or levy imposed on the use of the tunnel. (Added, 28 of 1984, s. 10)
Page 15Page 16
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