1964_TATE_S_CAIRN_TUNNEL_ORDINANCE — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 393]

Tate's Cairn Tunnel

[1988 Ed.

(2) Any reference to the Director or the Commissioner in any provision of this Ordinance shall be deemed to include any public officer whom the Director or Commissioner, as the case may be, authorizes to exercise his functions under that provision.

(3) Any function to be exercised by the Governor in Council under this Ordinance may, where the Governor is of the opinion that the matter is one of urgency, be exercised by the Governor.

(4) A reference in this Ordinance to arbitration under the Arbitration Ordinance (Cap. 341) shall be deemed, for the purposes of the Arbitration Ordinance, to be a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by each party.

Variation of plan

3. (1) The Commissioner may, with the agreement of the Company, cause the boundaries of the tunnel area to be varied from time to time.

(2) Where any such boundaries are so varied, the Commissioner shall prepare a new plan fixing the location of and delineating the tunnel area.

(3) Every new plan prepared in accordance with subsection (2) shall be numbered, dated, signed by the Commissioner and deposited in the Land Office.

(4) Whenever a new plan is deposited under subsection (3), the Commissioner shall cause a notification of such deposit to be published in the Gazette.

PART II

THE FRANCHISE

The franchise

4. (1) Subject to this Ordinance, the Company shall have the franchise

(a) construct the tunnel;

(b) construct all other works comprised in the project;

(c) keep in place the works referred to in paragraphs (a) and (b), (other than works which are, under the project agreement, to be handed over to the Government) for the purpose specified in paragraph (d) and for the period specified in subsection (2); and

(d) operate the tunnel area for the public, upon payment to the Company of the tolls specified in Part VIII and the Schedule, from the road operating date until the expiry of the period specified in subsection (2).

(2) The period referred to in subsection (1) is the period that commences at the start of construction and ends on the thirtieth anniversary of the start of construction.

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CAP. 393] Tate's Cairn Tunnel [1988 Ed. (2) Any reference to the Director or the Commissioner in any provision of this Ordinance shall be deemed to include any public officer whom the Director or Commissioner, as the case may be, authorizes to exercise his functions under that provision. (3) Any function to be exercised by the Governor in Council under this Ordinance may, where the Governor is of the opinion that the matter is one of urgency, be exercised by the Governor. (4) A reference in this Ordinance to arbitration under the Arbitration Ordinance (Cap. 341) shall be deemed, for the purposes of the Arbitration Ordinance, to be a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by each party. Variation of plan 3. (1) The Commissioner may, with the agreement of the Company, cause the boundaries of the tunnel area to be varied from time to time. (2) Where any such boundaries are so varied, the Commissioner shall prepare a new plan fixing the location of and delineating the tunnel area. (3) Every new plan prepared in accordance with subsection (2) shall be numbered, dated, signed by the Commissioner and deposited in the Land Office. (4) Whenever a new plan is deposited under subsection (3), the Commissioner shall cause a notification of such deposit to be published in the Gazette. PART II THE FRANCHISE The franchise 4. (1) Subject to this Ordinance, the Company shall have the franchise (a) construct the tunnel; (b) construct all other works comprised in the project; (c) keep in place the works referred to in paragraphs (a) and (b), (other than works which are, under the project agreement, to be handed over to the Government) for the purpose specified in paragraph (d) and for the period specified in subsection (2); and (d) operate the tunnel area for the public, upon payment to the Company of the tolls specified in Part VIII and the Schedule, from the road operating date until the expiry of the period specified in subsection (2). (2) The period referred to in subsection (1) is the period that commences at the start of construction and ends on the thirtieth anniversary of the start of construction.

Baseline (Original)

6 CAP. 393] Tate's Cairn Tunnel [1988 Ed. (2) Any reference to the Director or the Commissioner in any provision of this Ordinance shall be deemed to include any public officer whom the Director or Commissioner, as the case may be, authorizes to exercise his functions under that provision. (3) Any function to be exercised by the Governor in Council under this Ordinance may, where the Governor is of the opinion that the matter is one of urgency, be exercised by the Governor. (4) A reference in this Ordinance to arbitration under the Arbitration Ordinance (Cap. 341) shall be deemed, for the purposes of the Arbitration Ordinance, to be a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by each party. Variation of plan 3. (1) The Commissioner may, with the agreement of the Company, cause the boundaries of the tunnel area to be varied from time to time. (2) Where any such boundaries are so varied, the Commissioner shall prepare a new plan fixing the location of and delineating the tunnel area. (3) Every new plan prepared in accordance with subsection (2) shall be numbered, dated, signed by the Commissioner and deposited in the Land Office. (4) Whenever a new plan is deposited under subsection (3), the Commis- sioner shall cause a notification of such deposit to be published in the Gazette. PART II THE FRANCHISE The franchise to- 4. (1) Subject to this Ordinance, the Company shall have the franchise (a) construct the tunnel; (b) construct all other works comprised in the project; (c) keep in place the works referred to in paragraphs (a) and (b), (other than works which are, under the project agreement, to be handed over to the Government) for the purpose specified in paragraph (d) and for the period specified in subsection (2); and (d) operate the tunnel area for the public, upon payment to the Company of the tolls specified in Part VIII and the Schedule, from the road operating date until the expiry of the period specified in subsection (2). (2) The period referred to in subsection (1) is the period that commences at the start of construction and ends on the thirtieth anniversary of the start of construction.

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