24
CAP. 203]
Cross-Harbour Tunnel
(1984 Ed.
Extent of application of Cap. 113.
Compensation for interference with private rights.
*Cap. 113.1
Delegation by Director and Commissioner.
Limitation of public liability.
"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 for the control, restriction and safety of traffic in the tunnel area. (2) The powers conferred on a tunnel officer by section 62A, 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.
(Part IXA added, 73 of 1973, s. 3)
PART X
MISCELLANEOUS
63. Subject to section 64(2), the Public Reclamations and Works Ordinance shall not apply in respect of the tunnel area or the works area.
64. (1) Any person having a claim of private right in respect of the tunnel area or the works area may, within 6 months from the commencement of any interference with such right arising from the construction works, submit a claim for compensation for any loss suffered as a result of such interference specifying the nature of the interference together with an estimate of any such loss.
(2) Notwithstanding section 63, the provisions of section 7 of the Public Reclamations and Works Ordinance shall apply in respect of any such claim as though it were a claim for compensation under section 6 of that Ordinance, all the requirements thereof precedent to such claim for compensation being deemed to have been complied with
65. The Director and the Commissioner may in writing authorize any person to exercise any of the powers or perform any of the duties conferred or imposed upon the Director or the Commissioner, as the case may be, by this Ordinance.
66. No liability shall rest upon the Government or any public officer by reason of the fact that the construction works are carried out in accordance with this Ordinance or that the construction works or the plans, structural details, calculations, method and programme of construction and conditions of contract relating thereto are subject to inspection or approval by a public officer, nor shall anything in this Ordinance make it obligatory for the Director or the Commissioner to inspect the tunnel structure or construction works to ascertain that the provisions of this Ordinance are complied with or that any plans, structural details, calculations, or other documents, certificates and notices submitted to him are accurate.
Page 25
Page 26
24
CAP. 203]
Cross-Harbour Tunnel
(1984 Ed.
Extent of application of Cap. 113.
Compensation for interference with private rights.
*Cap. 113.1
Delegation by Director and Commissioner.
Limitation of public liability.
"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 for
the control, restriction and safety of traffic in the tunnel area. (2) The powers conferred on a tunnel officer by section 62A. 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.
( Part IXA added, 73 of 1973, s. 3)
PART X
MISCELLANEOUS
63. Subject to section 64(2), the Public Reclamations and Works Ordinance shall not apply in respect of the tunnel area or the works area.
64. (1) Any person having a claim of private fight in respect of the tunnel area or the works area may, within 6 months from the commencement of any interference with such right arising from the construction works, submit a claim for compensation for any loss suffered as a result of such interference specifying the nature of the interference together with an estimate of any such loss.
(2) Notwithstanding section 63. the provisions of section 7 of the Public Reclamations and Works Ordinance shall apply in respect of any such claim as though it were a claim for compensation under section 6 of that Ordinance, all the requirements thereof precedent to such claim for compensation being deemed to have been complied with
65. The Director and the Commissioner may in writing au- thorize any person to exercise any of the powers or perform any of the duties conferred or imposed upon the Director or the Commis- sioner, as the case may be, by this Ordinance.
66. No liability shall rest upon the Government or any public officer by reason of the fact that the construction works are carried out in accordance with this Ordinance or that the construction works or the plans, structural details, calculations. method and programme of construction and conditions of contract relating thereto are subject to inspection or approval by a public officer. nor shall anything in this Ordinance make it obligatory for the Director or the Commissioner to inspect the tunnel structure or construction works to ascertain that the provisions of this Ordinance are com- plied with or that any plans. structural details, calculations, or other documents, certificates and notices submitted to him are accurate.
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