| An Ordinance to grant a franchise for the construction and operation of a crossing between West Kowloon Reclamation and Sai Ying Pun; to provide for the maintenance of the works within the tunnel area, the payment of tolls to the franchise holder for the use of the tunnel by motor vehicles and the regulation of vehicular traffic in relation to such use; and for matters ancillary to and connected with those purposes. (Enacted 1993) [31 July 1993] L.N. 306 of 1993 (Originally 72 of 1993) Cap 436 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Western Harbour Crossing Ordinance. (2) (Omitted as spent) (Enacted 1993) Cap 436 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "approach road" (引道) means any road within the tunnel area for use by vehicles entering or leaving the tunnel; "Commissioner" means, subject to subsection (2), the Commissioner for Transport; "Committee" (委员会) means the Western Harbour Crossing Toll Stability Fund Management Committee established under section 38; "Company" (公司) means- (a) Western Harbour Tunnel Company Limited; or (b) in the event of the franchise being- (i) transferred under section 6 or 7 to; or (ii) vested under section 59 in, a person other than Western Harbour Tunnel Company Limited, such other person in place of Western Harbour Tunnel Company Limited;"construction works" (建造工程) means works carried out by or on behalf of the Company, or required to be carried out by the Company, pursuant to the project agreement, and any other works ancillary to or incidental to such works or necessary for the carrying out of such works, but does not include designing of the works; "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" (解除责任日期) means the date referred to in the guarantee agreement as being the discharge date for the purposes of this Ordinance; "franchise" (专营权) means a franchise granted under this Ordinance; "franchise period" (专营期) means the period beginning on the start of construction and ending- (a) on the 30th anniversary of that date; or (b) where applicable, on such later date as is determined in accordance with the terms of the project agreement;"Fund" (基金) means the Western Harbour Crossing Toll Stability Fund established under section 37; "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, supplementing or novating that agreement; "Guarantors" (保证人) means- (a) Adwood Company Limited; (b) The Cross-Harbour Tunnel Company, Limited; (Amended L.N. 440 of 1993) (c) China Merchants Holdings (Hong Kong) Company Limited; (d) (Repealed 68 of 1995 s. 2) (e) Kerry Holdings Limited; (f) CITIC Pacific Limited,and includes any other person who undertakes the obligation of a Guarantor under the guarantee agreement;"motor vehicle" (汽车) means any mechanically propelled vehicle; "operating date" (开始经营日期) means the date notified in the Gazette under section 23(4); "plan" (图则) means- (a) the plan numbered WHC TAP/1 signed by the Commissioner and deposited in the Land Registry, or (b) any other plan deposited under section 3(3);"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, supplementing or novating that agreement; "Secretary" (局长) means, subject to subsection (2), 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 agreed or determined, under section 12(1); "toll" (隧道费) means a toll specified in Schedule 1; "tunnel" (隧道) means the 4 conduits between the portal in Sai Ying Pun and that in West Kowloon shown on the plan; "tunnel area" (隧道区) means the area- (a) delineated and marked as such; and (b) the location, extent and boundaries of which are indicated,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 or for 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; "Western Harbour Crossing" (西区海底隧道) means the completed tunnel, approach roads and associated works within the tunnel area. (2) Any reference in this Ordinance to the Secretary, the Director or the Commissioner, in relation to any power, duty or function conferred on, imposed on or assigned to the Secretary, the Director or the Commissioner, as the case may be, includes a reference to any public officer whom the Secretary, the Director or the Commissioner, as the case may be, authorizes to exercise, discharge or perform such power, duty or function. |
