1964_TATE_S_CAIRN_TUNNEL_ORDINANCE — Page 6

1988 Ed.]

Tate's Cairn Tunnel

[CAP. 393

5

‘guarantee agreement" means the agreement designated as the guarantee agreement for the purposes of this definition by the Secretary by notice in the Gazette and any subsequent agreement amending or supplementing that agreement;

"guarantors" means-

Nishimatsu Construction Co., Ltd.

Jardine, Matheson & Co., Limited Trafalgar House Public Limited Company C. Itoh & Co., Ltd.

New World Development Company Limited

China Resources (Holdings) Co., Ltd.,

or such other persons as may undertake the obligations of guarantors under the guarantee agreement;

"motor vehicle" means any mechanically propelled vehicle for use on roads;

"plan" means-

(a) the plan numbered KM 3951 signed by the Commissioner and

deposited in the Land Office, Victoria; and

(b) any new plan deposited in accordance with section 3(3);

"project" means the project, the subject of the project agreement, for the

following works to be undertaken by the Company-

(a) the construction of the tunnel;

(b) the construction of approach roads and temporary and permanent

alterations to existing roads; and

(c) the construction of other adits, structures and buildings and the undertaking of other works necessary for the proper carrying out of the project agreement;

"project agreement" means the agreement designated as the project agreement for the purposes of this definition by the Secretary by notice in the Gazette and any subsequent agreement amending or supplementing that agreement; "road operating date" means the date notified in the Gazette under section

25(1);

"Secretary" means the Secretary for Transport;

"start of construction" means the date upon which the construction works are

commenced as agreed, or as determined, under section 13(1);

"toll structure" means any structure erected by the Company for the purposes

of section 40;

"tunnel" means the twin tube tunnels each containing 2 traffic lanes passing

under Tate's Ridge between Diamond Hill and Siu Lek Yuen;

"tunnel area" means the area delineated and coloured red on the plan; "utility" means any electric power cable, telephone cable or other cable used in communication, any telecommunications apparatus, any pipe used in the supply of water, gas or oil, or for drainage or sewerage, together with any duct for such cable or pipe and any apparatus or works ancillary to such cable, apparatus, pipe or duct.