1964_EASTERN_HARBOUR_CROSSING_ORDINANCE — Page 25

HK Historical Laws 香港歷史法例 All AI Reviewed

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CAP. 215]

Eastern Harbour Crossing

[1986 Ed.

Provisions

supplementary to

sections 36

and 37.

(3) Where in pursuance of the obligation imposed on it by subsection (1)(a), the Road Company carries out any works on the fabric of the immersed tube after the revocation or expiration of the franchise granted to the Rail Company by section 5(1), the Government shall be liable to pay to the Road Company one third of the costs reasonably incurred by the Road Company on those works.

(4) Any sum payable by the Government under subsection (3) shall be paid out of general revenue.

38. (1) Where any works are effected by the Road Company or the Rail Company under section 36 or 37, the provisions of Part VI shall apply in respect of the carrying out of such works as though the same were the carrying out of the construction works with such modifications as the circumstances of the case may require or as the Director may determine and, in the case of works carried out by the Rail Company, as if that company were the Road Company and references in Part VI to the Road Company were construed accordingly.

(2) The Director shall not exercise his powers under section 36 or 37 in such manner as would require the Road Company or, as the case may be, the Rail Company, to carry out any works to a standard which is substantially higher than that-

(a) required by-

(i) any relevant approval or exemption under Part VI;

(ii) standards generally prevailing,

when the construction works were first carried out;

(b) which may be reasonably justified having regard to the age of the construction works at the time when such works as so required are to be carried out.

(3) If the Road Company or, as the case may be, the Rail Company fails to comply with any requirement of the Director under section 36 or 37 within a reasonable time after the receipt of notice of the requirement, the Director may effect the necessary works.

(4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying out of any works which the Road Company or, as the case may be, the Rail Company is required by section 36 or 37 to carry out, he may require the Road Company or, as the case may be, the Rail Company, to effect the same forthwith or, if he thinks fit, he may forthwith effect the same with or without notice to the Road Company or, as the case may be, the Rail Company.

(5) Subject to section 37(3), the expense of any works carried out under section 36 or 37 shall be borne by the Road Company or, as the case may be, the Rail Company (being the person under the

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24 CAP. 215] Eastern Harbour Crossing [1986 Ed. Provisions supplementary to sections 36 and 37. (3) Where in pursuance of the obligation imposed on it by subsection (1)(a), the Road Company carries out any works on the fabric of the immersed tube after the revocation or expiration of the franchise granted to the Rail Company by section 5(1), the Government shall be liable to pay to the Road Company one third of the costs reasonably incurred by the Road Company on those works. (4) Any sum payable by the Government under subsection (3) shall be paid out of general revenue. 38. (1) Where any works are effected by the Road Company or the Rail Company under section 36 or 37, the provisions of Part VI shall apply in respect of the carrying out of such works as though the same were the carrying out of the construction works with such modifications as the circumstances of the case may require or as the Director may determine and, in the case of works carried out by the Rail Company, as if that company were the Road Company and references in Part VI to the Road Company were construed accordingly. (2) The Director shall not exercise his powers under section 36 or 37 in such manner as would require the Road Company or, as the case may be, the Rail Company, to carry out any works to a standard which is substantially higher than that- (a) required by- (i) any relevant approval or exemption under Part VI; (ii) standards generally prevailing, when the construction works were first carried out; (b) which may be reasonably justified having regard to the age of the construction works at the time when such works as so required are to be carried out. (3) If the Road Company or, as the case may be, the Rail Company fails to comply with any requirement of the Director under section 36 or 37 within a reasonable time after the receipt of notice of the requirement, the Director may effect the necessary works. (4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying out of any works which the Road Company or, as the case may be, the Rail Company is required by section 36 or 37 to carry out, he may require the Road Company or, as the case may be, the Rail Company, to effect the same forthwith or, if he thinks fit, he may forthwith effect the same with or without notice to the Road Company or, as the case may be, the Rail Company. (5) Subject to section 37(3), the expense of any works carried out under section 36 or 37 shall be borne by the Road Company or, as the case may be, the Rail Company (being the person under the Page 25 Page 26

Baseline (Original)

24 CAP. 215] Eastern Harbour Crossing [1986 Ed. Provisions supplementary to sections 36 and 37. (3) Where in pursuance of the obligation imposed on it by subsection (1)(a), the Road Company carries out any works on the fabric of the immersed tube after the revocation or expiration of the franchise granted to the Rail Company by section 5(1), the Govern- ment shall be liable to pay to the Road Company one third of the costs reasonably incurred by the Road Company on those works. (4) Any sum payable by the Government under subsection (3) shall be paid out of general revenue. 38. (1) Where any works are effected by the Road Company or the Rail Company under section 36 or 37, the provisions of Part VI shall apply in respect of the carrying out of such works as though the same were the carrying out of the construction works with such modifications as the circumstances of the case may require or as the Director may determine and, in the case of works carried out by the Rail Company, as if that company were the Road Company and references in Part VI to the Road Company were construed accordingly. (2) The Director shall not exercise his powers under section 36 or 37 in such manner as would require the Road Company or, as the case may be, the Rail Company, to carry out any works to a standard which is substantially higher than that- (a) required by- or (i) any relevant approval or exemption under Part VI; (ii) standards generally prevailing, when the construction works were first carried out; (b) which may be reasonably justified having regard to the age of the construction works at the time when such works as so required are to be carried out. (3) If the Road Company or, as the case may be, the Rail Company fails to comply with any requirement of the Director under section 36 or 37 within a reasonable time after the receipt of notice of the requirement, the Director may effect the necessary works. (4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying out of any works which the Road Company or, as the case may be, the Rail Company is required by section 36 or 37 to carry out, he may require the Road Company or, as the case may be, the Rail Company, to effect the same forthwith or, if he thinks fit, he may forthwith effect the same with or without notice to the Road Company or, as the case may be, the Rail Company. (5) Subject to section 37(3), the expense of any works carried out under section 36 or 37 shall be borne by the Road Company or, as the case may be, the Rail Company (being the person under the Page 25Page 26

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