14
CAP. 215]
Eastern Harbour Crossing
[1986 Ed.
Period within which works
must be completed.
(2) The Director shall cause a notice to be published in the Gazette specifying the date of commencement of the construction works as agreed or determined under subsection (1).
17. (1) Subject to this section, the Road Company shall complete the construction works within 42 months from the start of construction or within such extended period as may be approved by the Governor in Council.
(2) If the Road Company fails, or appears to be likely to fail, to complete the construction works within the period specified in subsection (1), the Governor in Council shall, in considering whether or not to exercise its powers under subsection (1), take into account the extent to which the construction works have been carried out and whether such failure was or is occasioned by circumstances beyond the control of the Road Company (the want of sufficient funds not being regarded as a circumstance beyond its control).
(3) The Director may, by notice to the Road Company, allow such time additional to the time specified in subsection (1) as he may determine in the event of
(a) storm, flood, natural disaster or other similar event;
(b) war, insurrection or riot;
(c) the interruption of the works due to the non-availability of equipment or materials essential to the construction works or the interruption for reasons beyond the control of the Road Company of the supply of equipment or materials to the works;
(d) any default or unreasonable delay by the Government or its agents in doing anything they are required to do by this Ordinance;
(e) the undertaking by the Road Company at the request of the Government of any works which are not construction works at the commencement of this Ordinance, where such undertaking delays the carrying out of the construction works;
(f) any direction under section 32(2) which is inconsistent with any approval or exemption previously given by the Director under Part VI;
(g) any other event which, in the opinion of the Director, could not reasonably have been foreseen by the Road Company at the time when it entered into the project agreement,
Page 16
14
CAP. 215]
Eastern Harbour Crossing
[1986 Ed.
Period within which works
must be completed.
(2) The Director shall cause a notice to be published in the Gazette specifying the date of commencement of the construction works as agreed or determined under subsection (1).
17. (1) Subject to this section, the Road Company shall complete the construction works within 42 months from the start of construction or within such extended period as may be approved by the Governor in Council.
(2) If the Road Company fails, or appears to be likely to fail, to complete the construction works within the period specified in subsection (1), the Governor in Council shall, in considering whether or not to exercise its powers under subsection (1), take into account the extent to which the construction works have been carried out and whether such failure was or is occasioned by circumstances beyond the control of the Road Company (the want of sufficient funds not being regarded as a circumstance beyond its control).
(3) The Director may, by notice to the Road Company, allow such time additional to the time specified in subsection (1) as he may determine in the event of
(a) storm, flood, natural disaster or other similar event;
(b) war, insurrection or riot;
(c) the interruption of the works due to the non-availability of equipment or materials essential to the construction works or the interruption for reasons beyond the control of the Road Company of the supply of equipment or materials to the works;
(d) any default or unreasonable delay by the Government or its agents in doing anything they are required to do by this Ordinance;
(e) the undertaking by the Road Company at the request of the Government of any works which are not construction works at the commencement of this Ordinance, where such undertaking delays the carrying out of the construction works;
(f) any direction under section 32(2) which is inconsistent with any approval or exemption previously given by the Direc- tor under Part VI;
(g) any other event which, in the opinion of the Director, could not reasonably have been foreseen by the Road Company at the time when it entered into the project agreement,
1Page 16
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