1964_EASTERN_HARBOUR_CROSSING_ORDINANCE — Page 42

1986 Ed.]

Eastern Harbour Crossing

[CAP. 215

41

(ii) the costs to the Government of obtaining the forfeiture of the franchise or franchises under this part.

(4) No amount shall be payable to the Road Company or the Rail Company under subsection (2) upon the determination of the rights and obligations of both the Rail Company and the Road Company under section 70(1)(c) where the revocation of the franchises was on the grounds that the Road Company had failed or appeared likely to fail to complete the construction works within the period allowed by section 17.

72. No compensation shall be payable by the Government

(a) to the Road Company upon the expiration of the period

specified in section 4(2); or

(b) to the Rail Company upon the expiration of the period

specified in section 5(2),

save that the Government shall pay to the Road Company or, as the case may be, the Rail Company, the reduced value of any machinery, equipment or plant forming part of the assets (such value being calculated in accordance with Part VI of the Inland Revenue Ordinance) purchased by that company with the agreement of the Financial Secretary within the 5 years next preceding the expiration of the period of grant and owned by that company on such expiration.

Reimbursement of company upon expiration of grant.

(Cap. 112.)

Government not liable for Road Company's or Rail Company's debts.

73. Any vesting of the assets of the Road Company or the Rail Company in the Government under this Part shall not thereby render the Government liable for any debts of the Road Company or the Rail Company.

74. In this Part, "assets" means the structure of the immersed tube, the railway works and all buildings, machinery, equipment and plant ancillary to the construction, operation and maintenance of the railway works and the road tunnel.

Meaning of "assets".

PART XIII

SUPPLEMENTARY

75. (1) If the Road Company or the Rail Company is aggrieved by any decision to which this section applies it may within 14 days of the notification to it of that decision, or such longer period as the Governor may allow, appeal against such decision by giving written notice to the Governor that it appeals against such decision and in that notice specifying the grounds upon which the appeal is based.

(2) On receipt of a notice of appeal under subsection (1) the Governor

Appeal by the Road Company or the Rail Company.