1964_EASTERN_HARBOUR_CROSSING_ORDINANCE — Page 32

1986 Ed.]

Eastern Harbour Crossing

[CAP. 215

31

(3) All by-laws made under subsection (1) shall be subject to the approval of the Legislative Council.

(4) Any by-laws made under subsection (1) may provide that a contravention of specified provisions thereof shall be an offence and may provide penalties therefor not exceeding a fine of $2,000.

(5) The Road Company shall cause printed copies of all by-laws made under this section to be kept at the registered office of the Road Company and to be available for sale at a reasonable charge to every person applying therefor.

(6) The Legislative Council may by resolution amend the figure specified in subsection (4).

PART IX

COLLECTION OF TOLLS

55. (1) Subject to this Ordinance, the Road Company may demand and collect tolls in respect of the passage of motor vehicles through the road tunnel.

(2) The tolls that may be collected under subsection (1) shall be those specified in the Schedule.

(3) The tolls specified in the Schedule may be varied-

(a) by agreement between the Governor in Council and the Road Company; or

(b) in default of agreement by submission of the question of the variation of tolls to arbitration under the Arbitration Ordinance by either the Governor in Council or the Road Company.

(4) On a submission to arbitration under subsection (3), the arbitrators shall be guided by the need to ensure that the carrying out by the Road Company of its obligations, or the exercise of its rights, under this Ordinance is reasonably but not excessively remunerative to the Road Company, having regard to-

(a) any material change in the economic conditions of Hong Kong since the enactment of this Ordinance or, as the case may be, since tolls were last determined under this section;

(b) the dismissal of any appeal by the Road Company made under section 75;

(c) any material change in any other circumstances affecting the exercise by the Road Company of its rights under the franchise granted by section 4(1);

(d) the effect of the introduction of, or alteration in, any tax or levy imposed on the use of the road tunnel;

Road Company to charge approved tolls for use of road tunnel. Schedule. (Cap. 341.)