1986 Ed.]
Eastern Harbour Crossing
[CAP. 215
25
duty to carry out those works) and, where any such works are effected by the Director, the expense thereof shall be recoverable from the Road Company or, as the case may be, the Rail Company by the Government as a debt owing by it to the Government:
Provided that where section 36(3) applies the Road Company and the Rail Company shall be jointly and severally liable to the Government on such debt.
39. (1) The Road Company may, and if required by the Director shall, close or partially close the immersed tube whenever this is necessary to enable any works to be effected by reason of any obligation imposed by this Part.
(2) It shall be the duty of the Mass Transit Railway Corporation, when required by the Director, to give effect to such closure in so far as it affects the railway.
(3) The Road Company shall not, except in an emergency, effect any such closure under subsection (1) without prior notification in writing to the Commissioner where any road traffic lane is to be closed.
(4) Whenever a closure is effected under subsection (1) in pursuance of a requirement of the Director, the immersed tube or such part thereof as is affected shall not be reopened without the prior consent in writing of the Director.
40. (1) Notwithstanding anything to the contrary in any other Ordinance-
(a) no person other than the Mass Transit Railway Corporation may install any utility within the conduits of the immersed tube containing the railway lines without the consent of the Corporation and, in the case of installation by any person other than the Corporation or the Road Company, the further consent of the Road Company; and
(b) no person other than the Road Company may elsewhere in the immersed tube install any utility without the consent of the Road Company.
(2) The Road Company shall not give any permission for the purpose of subsection (1)(b) unless the Commissioner has first approved the giving thereof and the terms and conditions (other than provision as to charges) of the permission.
(3) The Commissioner shall not give his approval under subsection (2) unless he is satisfied that the safety of persons using or employed in the vicinity of the immersed tube, and the passage of motor vehicles through the road tunnel, will not be prejudiced by such installation.
(4) Where the Mass Transit Railway Corporation gives any permission for the purposes of subsection (1) it may do so subject to such terms and conditions as it may think fit to impose:
Closure of immersed tube.
Utilities through the immersed tube.
1986 Ed.]
Eastern Harbour Crossing
[CAP. 215
25
duty to carry out those works) and, where any such works are effected by the Director, the expense thereof shall be recoverable from the Road Company or, as the case may be, the Rail Company by the Government as a debt owing by it to the Government:
Provided that where section 36(3) applies the Road Company and the Rail Company shall be jointly and severally liable to the Government on such debt.
39. (1) The Road Company may, and if required by the Director shall, close or partially close the immersed tube whenever this is necessary to enable any works to be effected by reason of any obligation imposed by this Part.
(2) It shall be the duty of the Mass Transit Railway Corpora- tion, when required by the Director, to give effect to such closure in so far as it affects the railway.
(3) The Road Company shall not, except in an emergency, effect any such closure under subsection (1) without prior notifica- tion in writing to the Commissioner where any road traffic lane is to be closed.
(4) Whenever a closure is effected under subsection (1) in pursuance of a requirement of the Director, the immersed tube or such part thereof as is affected shall not be reopened without the prior consent in writing of the Director.
40. (1) Notwithstanding anything to the contrary in any other Ordinance-
(a) no person other than the Mass Transit Railway Corpora- tion may install any utility within the conduits of the immersed tube containing the railway lines without the consent of the Corporation and, in the case of installation by any person other than the Corporation or the Road Company, the further consent of the Road Company; and
(b) no person other than the Road Company may elsewhere in the immersed tube install any utility without the consent of the Road Company.
(2) The Road Company shall not give any permission for the purpose of subsection (1)(b) unless the Commissioner has first approved the giving thereof and the terms and conditions (other than provision as to charges) of the permission.
(3) The Commissioner shall not give his approval under subsection (2) unless he is satisfied that the safety of persons using or employed in the vicinity of the immersed tube, and the passage of motor vehicles through the road tunnel, will not be prejudiced by such installation.
(4) Where the Mass Transit Railway Corporation gives any permission for the purposes of subsection (1) it may do so subject to such terms and conditions as it may think fit to impose:
Closure of immersed tube.
Utilities through the immersed tube.
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