| To grant franchises for the construction of a combined road and rail tunnel across the eastern harbour, for the construction of a railway line through the tunnel and of other railway works and the regulation of the construction and 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; for the transfer by the franchise holder of its right to operate the railway line to the Mass Transit Railway Corporation, and for matters ancillary thereto and connected therewith. (Enacted 1986) [1 August 1986] L.N. 184 of 1986 (Originally 47 of 1986) Cap 215 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Eastern Harbour Crossing Ordinance. (Enacted 1986) Cap 215 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "Commissioner" means, subject to subsection (2), the Commissioner for Transport; "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) "design" (设计) means the design of the construction works or of any part or component thereof and includes plans and engineering information in support of that design; "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; "engineering information" (工程资料) includes geotechnical and other necessary reports; "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 the New Hong Kong Tunnel Consortium comprising the following members or such other persons as may undertake the obligations of guarantors under the guarantee agreement- Kumagai Gumi Company Limited China International Trust and Investment Corporation Paul Y. Construction Company Limited Lilley Construction Limited;"immersed tube" (沉管) means the immersed cellular structure crossing Victoria Harbour from the sea-wall at Cha Kwo Ling to the sea-wall at Quarry Bay and containing 5 conduits- (a) 2 conduits each containing 2 road traffic lanes; (b) 2 conduits each containing one single track railway line; and (c) one conduit for services and utilities,and includes the protective rock armouring;"land" (土地) includes land under the sea; "Mass Transit Railway Corporation" (地下铁路公司) and "Corporation" (地下铁路公司) mean, subject to subsection (5)(a), the Mass Transit Railway Corporation established by section 3(1) of the Mass Transit Railway Corporation Ordinance (Cap 270); (Amended 13 of 2000 s. 65) "motor vehicle" (汽车) means any mechanically propelled vehicle for use on roads; "operating agreement" (经营协议) means the agreement designated as the operating agreement for the purposes of this definition by the Secretary by notice in the Gazette and any subsequent agreement amending or supplementing that agreement; "plan" (图则) means- (a) the plan numbered 1765 signed by the Director 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 Road Company- (a) the construction of the immersed tube; (b) reclamation and other works on or affecting the foreshore or sea-bed; (c) the construction of approach roads and temporary and permanent alterations to existing roads; (d) the construction of the railway works; and (e) the construction of other buildings, and structures, 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; "Rail Company" (铁路公司) means- (a) subject to paragraph (b)- (i) the New Hong Kong Tunnel Company Limited; (ii) in the event of an assignment under section 7(1) by the New Hong Kong Tunnel Company Limited to the Eastern Harbour Crossing Company Limited of the benefit of the franchise granted under section 5(1) and upon such assignment, the Eastern Harbour Crossing Company Limited in place of the New Hong Kong Tunnel Company Limited;(b) in the event of the benefit of the franchise granted under section 5(1) being assigned to, or vested in, a person other than the New Hong Kong Tunnel Company Limited or the Eastern Harbour Crossing Company Limited under or in accordance with this Ordinance (otherwise than by way of transfer under section 8), such other person in place of either of those companies;"rail operating date" (铁路开始经营日期) means the date notified in the Gazette under section 64(1); |
