| An Ordinance to confer powers for the purpose of constructing a tunnel and a road to connect Discovery Bay in Lantau Island and Siu Ho Wan in North Lantau of that Island (subject to the limitations contained in the Ordinance), to provide for the operation and the maintenance of the tunnel and the road, to permit the use of the tunnel and the road for the passage of vehicular traffic (subject to any limitations contained in the Ordinance), to empower the charging of tolls or fees for such use, to provide for the payment of royalties in respect of such tolls or fees and matters ancillary to or connected with those purposes. [13 June 1997] (Originally 60 of 1997) Cap 520 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Discovery Bay Tunnel Link Ordinance. Cap 520 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "the Commissioner" means the Commissioner for Transport; "the Company" (公司) means- (a) the company known as the "Discovery Bay Road Tunnel Company Limited", in English and "愉景湾隧道有限公司", in Chinese; or (b) in the event of a disposal under section 11(1), the person to whom the powers or rights are disposed;"construction works" (建造工程) means the works carried out by the Company or which have to be so carried out for the purpose of constructing the structure of the Tunnel Link and structures associated with or accessory to it and any works ancillary or incidental to such works but does not include the tunnel facilities; "dangerous goods" (危险品) has the meaning assigned to it by section 2 of the Dangerous Goods Ordinance (Cap. 295); "permitted vehicle" (获准许车辆) means any vehicle or a vehicle of a class or description for the passage of which the Tunnel Link may be used for the time being pursuant to a permission under section 23(3); "the Plan" (图则) means- (a) the plan numbered ISM 975 signed by the Director of Lands and deposited in the Land Registry; or (b) where appropriate, any other plan deposited under section 3(3);"Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Replaced L.N. 106 of 2002) "specified vehicle" (指明车辆) means a vehicle of a class or description determined under section 23(1); "the tunnel" (隧道) means the completed tunnel, namely the structure- (a) between the 2 portals located at Discovery Bay and Siu Ho Wan respectively; (b) consisting of a single conduit with 2 lanes for traffic; and (c) the alignment of which is shown on the Plan;"tunnel area" (隧道区) means the area- (a) which is delineated and marked as "tunnel area" and "隧道区"; and (b) the location, extent and boundaries of which are shown,on the Plan; "tunnel facilities" (隧道设施) means all electrical and mechanical installations in the tunnel area which are necessary for the safe and orderly passage of vehicles through the Tunnel Link and which are not civil engineering or structural works; "the Tunnel Link" (隧道及连接道路) means the structure comprising the tunnel and the road within the tunnel area connecting the tunnel to Discovery Bay and Siu Ho Wan respectively; "tunnel officer" (隧道人员) means a person authorized by the Company to act in connection with the control, restriction, prohibition and safety of traffic in the tunnel area; "unleased area" (未批租区域) means that part of the tunnel area which is delineated and marked as "unleased area" and "未批租区域" on the Plan and the location, extent and boundaries of which are shown on the Plan; "utility" (公用事业设施) means any electric power cable, telephone cable or other cable used in communication, any telecommunications apparatus, any pipe used for the supply of water, gas or oil, or for drainage or sewerage, together with any duct for such cable or pipe and apparatus or works ancillary to such cable, pipe, apparatus or duct. (2) For the avoidance of doubt it is declared that any reference to "tunnel area" or "unleased area" shall be construed as including, in particular, the parts of the Tunnel Link which are within that area. Cap 520 s 3 Variation of tunnel area (1) The Director of Lands may vary the boundaries of the tunnel area where he considers such variation is necessary. (2) Notwithstanding subsection (1), if the Company requests the Director of Lands to vary the tunnel area, the Director of Lands may vary the boundaries of the tunnel area, but with the consent of the Company, the Director of Highways, the Director of Planning and the Commissioner. (3) Where there is any variation under subsection (1) or (2), the Director of Lands shall prepare a plan on which- (a) the area which is to be the tunnel area for the purposes of this Ordinance is delineated and marked as "tunnel area" and "隧道区"; (b) the location, extent and boundaries of that area are shown,sign it, assign a number to it and certify it as having been prepared for the purposes of this Ordinance and deposit it in the Land Registry. |
