1964_TATE_S_CAIRN_TUNNEL_ORDINANCE — Page 12

1988 Ed.]

Tate's Cairn Tunnel

[CAP. 393

11

(2) Subject to subsection (3) the Buildings Ordinance (Cap. 123) shall not apply in relation to the construction works.

(3) The Secretary for Lands and Works may, by notice in the Gazette, apply the Buildings Ordinance, or any provision thereof, to any of the construction works:

Provided that nothing in this subsection shall apply to any such works which are civil engineering works.

PART VI

CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT OF THE CONSTRUCTION WORKS: REGULATIONS

Defects

17. (1) The Company shall be liable at all times until the expiration or revocation of the franchise to make good any defect in the construction works as soon as practicable after the defect becomes apparent and to the reasonable satisfaction of the Director.

(2) The Director may, by notice in writing, require the Company to effect such works as he considers necessary to make good any defect that it is liable to make good under this section and any damage to the construction works arising from such defect.

(3) Nothing in this section shall impose any liability on the Company to- (a) undertake any work or remedy any defect or damage to the construc- tion works arising from such defect, beyond the work reasonably required to remedy such defect or damage; or

(b) remedy any defect which does not, or is unlikely to, adversely affect the design life, operation, use or safety of the construction works.

Repair of tunnel and road works

18. (1) The Company shall keep in a state of repair until the expiration or revocation of the franchise and to the satisfaction of the Director-

(a) the tunnel; and

(b) all works, whether within or outside the tunnel, which it has the right

to keep in place under section 4(1)(c).

(2) The Director may, by notice in writing, require the Company to effect such repairs and alterations to the structures or works it is required by subsection (1) to keep in a state of repair as he considers necessary for the proper repair thereof and for the obviation of fire and other hazards therein.

Provisions supplementary to sections 17 and 18

19. (1) Where any works are effected by the Company under section 17 or 18, the provisions of section 16 and the project agreement shall apply in respect of the carrying out of such works as though the same were the carrying out of the construction works with such modifications as the circumstances of the case may require or as the Director may determine.