| To provide for the control and regulation of vehicular and pedestrian traffic in Government road tunnels; the management of such tunnels and for matters ancillary thereto and connected therewith. (Replaced 63 of 1991 s. 2) [15 February 1982] L.N. 40 of 1982 (Originally 48 of 1981) Cap 368 s 1 Short title This Ordinance may be cited as the Road Tunnels (Government) Ordinance. Cap 368 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Authority" (监督) means the Commissioner for Transport; "authorized officer" (获授权人员) means any person authorized by the Authority under section 10; (Amended 63 of 1991 s. 3) "court" (法庭) includes a magistrate; (Added 29 of 1999 s. 2) "dangerous goods" (危险品) means dangerous goods as defined in section 2 of the Dangerous Goods Ordinance (Cap 295); "Director" (署长) means the Director of Lands; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) "driver" (驾驶人) means, in relation to any vehicle, any person who is in charge of or assisting in the control of it; "driving licence" (驾驶执照) means a driving licence issued under the Road Traffic Ordinance (Cap 374); "operator" (经营人) means any person who has entered into an agreement with the Government for the management of a tunnel to which this Ordinance applies; (Added 63 of 1991 s. 3) "owner" (车主) includes the person in whose name a vehicle is registered and the person by whom a vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under the agreement; "register" (登记) means registered under the Road Traffic Ordinance (Cap 374); "registered" (登记) means registered as owner of a vehicle under the Road Traffic Ordinance (Cap 374); "tunnel" (隧道) includes the area adjacent thereto described on a plan deposited under section 7; "vehicle" (车辆) means any vehicle, whether or not mechanically propelled, which is constructed or adapted for use on roads but does not include a tram. Cap 368 s 3 Application (1) This Ordinance shall apply to the tunnels named in the Schedule. (2) The Governor may amend the Schedule by notice in the Gazette. Cap 368 s 4 A tunnel is a public place For the purposes of liability for a contravention of any Ordinance, a tunnel shall be a public place. Cap 368 s 5 Application of Road Traffic Ordinance Unless the contrary intention appears from this Ordinance, the Road Traffic Ordinance (Cap 374) shall apply to a tunnel as if a tunnel were a road within the meaning of that Ordinance. Cap 368 s 6 Tunnel boundaries and plans (1) The Authority shall determine the boundaries of a tunnel and the Director shall delineate the boundaries on a plan. (2) The Authority in consultation with the Director may vary the boundaries of a tunnel. (3) Where the boundaries of a tunnel are varied under subsection (2), the Director shall prepare a plan delineating the boundaries. Cap 368 s 7 Certification and deposit of plans (1) A plan prepared under section 6 shall be numbered, dated, signed and certified by the Director as being a plan of the tunnel to which such plan relates and shall be deposited by the Authority in the Land Registry. (Amended 8 of 1993 s. 2) (2) The Authority shall cause notification of the deposit of a plan under subsection (1) to be published in the Gazette. Cap 368 s 8 Proof of plans (1) In any proceedings before a court, a copy of a plan prepared under section 6, certified by the Director to be a copy of the plan, shall be conclusive proof of the area comprising that tunnel. (2) Any plan purporting to be certified by the Director under subsection (1) shall be admitted without further proof and shall be presumed, until the contrary is proved, to have been certified by him. Cap 368 s 9 Authority may delegate powers The Authority may in writing delegate any other public officer to exercise the powers and perform the duties conferred or imposed on him by this Ordinance. Cap 368 s 9A Authority may give directions The Authority may, if he considers the public interest so requires, give directions of a general character in writing to an operator in relation to the performance of the functions or the exercise of the powers vested by this Ordinance in the operator or any authorized officer employed by the operator and the operator shall comply with those directions. (Added 63 of 1991 s. 4) Cap 368 s 10 Power of Authority to appoint authorized officers The Authority may in writing appoint any public officer or any person employed by an operator to be an authorized officer for the purposes of this Ordinance. (Amended 63 of 1991 s. 5) Cap 368 s 11 Powers of authorized officers (1) An authorized officer may at any tunnel- (a) (Repealed 2 of 1997 s. 32) (b) for the purpose of preventing or detecting the commission of an offence against this Ordinance or the Road Traffic Ordinance (Cap 374); or |
