42
CAP. 215]
Eastern Harbour Crossing
[1986 Ed.
(Cap. 341)
(Cap. 341.)
Foreshore reclamations deemed to be authorized.
(Cap. 276.)
Non-derogation
from
Government's
rights.
(a) shall, if the appeal is against any decision of the Director and the failure of the appeal would result in the company appealing being held to be in default under Part XII or if it appears to the Governor that this would be a probable result of such failure, refer the appeal to arbitration under the Arbitration Ordinance;
(b) subject to paragraph (a) may, where it appears to him that the issues raised by the appeal are matters of engineering practice, questions of the interpretation of the project agreement or other matters appropriately referred to arbitration, refer the appeal to arbitration under the Arbitration Ordinance.
and in any other case, the appeal shall be determined by the Governor in Council.
(3) On an appeal under this section the Governor may give such instructions as he thinks fit as to the enforcement of the decision appealed against pending the determination or abandonment of the appeal but, subject to such instructions, such decision may, pending such determination or abandonment, be enforced as if no such appeal had been made.
(4) The decision of the arbitrator or Governor in Council on an appeal under this section shall be final.
(5) In this section "decision" means any requirement, determination or direction made, or the withholding of any consent or approval (including the refusal to allow time under section 17(3)), by the Secretary, the Director or the Commissioner under this Ordinance other than the exercise by the Secretary of his powers under section 68; and this section shall apply to any such decision.
76. The reclamation of, or other works upon, Crown foreshore or sea-bed required to be carried out by the Road Company by section 15 shall be deemed to have been authorized by the Governor under section 10(1) of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance.
77. (1) Nothing in this Ordinance, the project agreement or the operating agreement shall affect any rights which the Government or any servant or agent thereof may have to enter upon any land affected by the construction works and do anything thereon which he might have done if those works had not been undertaken except to the extent that the exercise of such rights is limited by any express provision of this Ordinance or those agreements or by necessary implication from their provisions.
(2) Nothing in subsection (1) shall enable the Government, its servants or agents to exercise any such rights as are referred to in that subsection in a manner which would derogate from any rights granted to the Road Company or, as the case may be, the Rail Company, under this Ordinance.
42
CAP. 215]
Eastern Harbour Crossing
[1986 Ed.
(Cap. 341)
(Cap. 341.)
Foreshore reclamations deemed to be authorized.
(Cap. 276.)
Non-derogation
from
Government's
rights.
(a) shall, if the appeal is against any decision of the Director and the failure of the appeal would result in the company appealing being held to be in default under Part XII or if it appears to the Governor that this would be a probable result of such failure, refer the appeal to arbitration under the Arbitration Ordinance;
(b) subject to paragraph (a) may, where it appears to him that the issues raised by the appeal are matters of engineering practice, questions of the interpretation of the project agreement or other matters appropriately referred to arbi- tration, refer the appeal to arbitration under the Arbitra- tion Ordinance.
and in, any other case, the appeal shall be determined by the Governor in Council.
(3) On an appeal under this section the Governor may give such instructions as he thinks fit as to the enforcement of the decision appealed against pending the determination or abandon- ment of the appeal but, subject to such instructions, such decision may, pending such determination or abandonment, be enforced as if no such appeal had been made.
(4) The decision of the arbitrator or Governor in Council on an appeal under this section shall be final.
(5) In this section "decision" means any requirement, deter- mination or direction made, or the withholding of any consent or approval (including the refusal to allow time under section 17(3)), by the Secretary, the Director or the Commissioner under this Ordinance other than the exercise by the Secretary of his powers under section 68; and this section shall apply to any such decision.
76. The reclamation of, or other works upon, Crown foreshore or sea-bed required to be carried out by the Road Company by section 15 shall be deemed to have been authorized by the Governor under section 10(1) of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance.
77. (1) Nothing in this Ordinance, the project agreement or the operating agreement shall affect any rights which the Govern- ment or any servant or agent thereof may have to enter upon any land affected by the construction works and do anything thereon which he might have done if those works had not been undertaken except to the extent that the exercise of such rights is limited by any express provision of this Ordinance or those agreements or by necessary implication from their provisions.
(2) Nothing in subsection (1) shall enable the Government, its servants or agents to exercise any such rights as are referred to in that subsection in a manner which would derogate from any rights granted to the Road Company or, as the case may be, the Rail Company, under this Ordinance.
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