| To grant a franchise for the construction of a road tunnel through Tate's Cairn; for the payment of a royalty for such franchise; for the maintenance of the works to be constructed; for the payment of tolls to the franchise holder for the use by motor vehicles of the tunnel and the regulation of vehicular traffic in relation to such use; and for matters ancillary thereto and connected therewith. (Enacted 1988) [1 July 1988] (Originally 50 of 1988) Cap 393 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Tate's Cairn Tunnel Ordinance. (Enacted 1988) Cap 393 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "Commissioner" means, subject to subsection (2), the Commissioner for Transport; "Company" (公司) means- (a) subject to paragraph (b), Tate's Cairn Tunnel Company Limited; (b) in the event of the benefit of the franchise being assigned to, or vested in, a person other than Tate's Cairn Tunnel Company Limited under or in accordance with this Ordinance, such other person in place of that Company;"construction works" (建造工程) means all works carried out or to be carried out under the project agreement and all works required to carry them out; "court" (法院、法庭) includes a magistrate; (Added 29 of 1999 s. 2) "Director" means, subject to subsection (2), the Director of Highways; "discharge date" (解除义务日期) means the date when the guarantors cease to have any obligations under the guarantee agreement; "franchise" (专营权) means the franchise granted under section 4; "further guarantee agreement" (另一项保证协议) means the agreement designated as the further 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; "guarantee agreement" (保证协议) 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" (保证人) 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" (汽车) means any mechanically propelled vehicle for use on roads; "plan" (图则) means- (a) the plan numbered KM 3951 signed by the Commissioner and deposited in the Land Registry, Victoria; and (Amended 8 of 1993 s. 2) (b) any new plan deposited in accordance with section 3(3);"project" (工程项目) 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" (工程项目协议) 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" (道路开始经营日期) means the date notified in the Gazette under section 25(1); "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Replaced L.N. 106 of 2002) "start of construction" (开始建造日期) means the date upon which the construction works are commenced as agreed, or as determined, under section 13(1); "toll structure" (隧道费构筑物) means any structure erected by the Company for the purposes of section 40; "tunnel" (隧道) means the twin tube tunnels each containing 2 traffic lanes passing under Tate's Ridge between Diamond Hill and Siu Lek Yuen; "tunnel area" (隧道区) means the area delineated and coloured red on the plan; "utility" (公用设施) 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. (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 (Cap 341), to be a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by each party. |
