1964_FERRY_SERVICES_ORDINANCE — Page 14

1982 Ed.]

Ferry Services

[CAP. 104

13

opportunity of complying with its franchise, this Ordinance, the direction or the requirement, as the case may be, and an opportunity of showing cause why the penalty should not be imposed.

(2) A financial penalty imposed under this section shall not exceed-

(a) in respect of any one or more failures--

(i) $10,000 in the case of a first imposition of such penalty;

(ii) $20,000 in the case of a second imposition of such penalty;

(iii) $50,000 in the case of a third or subsequent imposi- tion of such penalty; and

(b) in respect of any failure which is of a continuing nature

$10,000 for each day on which the failure continues.

(3) A financial penalty imposed under this section shall be recoverable by the Government as a civil debt.

(4) Where the Governor in Council is considering the imposi- tion of a penalty on a grantee under this section and a penalty has previously been imposed on the grantee under this section. the Governor in Council shall not consider any failures of the grantee which were considered for the imposition of the penalty on the previous occasion unless the grantee has failed to pay that previous penalty or to rectify any default that gave rise to such failure.

PART V

EMERGENCY AND REVOCATION

24. (1) If the Governor in Council considers-

(a) that an emergency exists or is likely to come into existence;

or

(b) after consultation between the grantee and the Commis- sioner, that there is or is likely to be a substantial break- down for any reason in the operation of a franchised service.

he may suspend the franchise either altogether or in respect of any such franchised service operated thereunder as he may specify, and such suspension shall have effect until the Governor in Council terminates the suspension or declares that the circumstances that gave rise to the suspension no longer exist.

(2) Where under subsection (1) a franchise is suspended alto- gether or in respect of any franchised service, the Government may take possession of any property of the grantee used or kept by it for the purposes of or in connexion with its franchise and the Govern- ment or its nominee may use such property in the operation of such ferry service as the Commissioner thinks fit.

Emergency or breakdown in franchised

service.