Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 1
Chapter: 393 TATE'S CAIRN TUNNEL ORDINANCE Gazette Number Version Date
Long title 30/06/1997
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)
Part: I PRELIMINARY 30/06/1997
(Enacted 1988)
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Tate's Cairn Tunnel Ordinance.
(Enacted 1988)
Section: 2 Interpretation L.N. 38 of 2011 01/06/2011
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(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" (解除義務日期) means the date when the guarantors cease to have any obligations under the
guarantee agreement;
"franchise" (專營權) means the franchise granted under section 4;
"further guarantee agreement" (另一項保證協議 ) 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" (保證協議) 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" (保證人) means-
Nishimatsu Construction Co., Ltd.
Jardine, Matheson & Co., Limited
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 2
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" (汽車) means any mechanically propelled vehicle for use on roads;
"plan" (圖則) 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" (工程項目) 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" (工程項目協議) 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" (道路開始經營日期) means the date notified in the Gazette under section 25(1);
"Secretary" (局長) means the Secretary for Transport and Housing; (Replaced L.N. 106 of 2002. Amended L.N. 130
of 2007)
"start of construction" (開始建造日期) means the date upon which the construction works are commenced as agreed,
or as determined, under section 13(1);
"toll structure" (隧道費構築物) 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" (隧道區) means the area delineated and coloured red on the plan;
"utility" (公用設施) 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 609) shall be deemed, for
the purposes of the Arbitration Ordinance (Cap 609), to be a reference by an arbitration agreement, as defined for the
purposes of that Ordinance, to 2 arbitrators, one appointed by each party. (Amended 17 of 2010 s. 112)
(Enacted 1988)
Section: 3 Variation of plan 30/06/1997
(1) The Commissioner may, with the agreement of the Company, cause the boundaries of the tunnel area to be
varied from time to time.
(2) Where any such boundaries are so varied, the Commissioner shall prepare a new plan fixing the location of
and delineating the tunnel area.
(3) Every new plan prepared in accordance with subsection (2) shall be numbered, dated, signed by the
Commissioner and deposited in the Land Registry. (Amended 8 of 1993 s. 2)
(4) Whenever a new plan is deposited under subsection (3), the Commissioner shall cause a notification of such
deposit to be published in the Gazette.
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 3
(Enacted 1988)
Part: II THE FRANCHISE 30/06/1997
(Enacted 1988)
Section: 4 The franchise 30/06/1997
(1) Subject to this Ordinance, the Company shall have the franchise to-
(a) construct the tunnel;
(b) construct all other works comprised in the project;
(c) keep in place the works referred to in paragraphs (a) and (b), (other than works which are, under the
project agreement, to be handed over to the Government) for the purpose specified in paragraph (d)
and for the period specified in subsection (2); and
(d) operate the tunnel area for the public, upon payment to the Company of the tolls specified in Part VIII
and the Schedule, from the road operating date until the expiry of the period specified in subsection
(2).
(2) The period referred to in subsection (1) is the period that commences at the start of construction and ends
on the thirtieth anniversary of the start of construction.
(Enacted 1988)
Section: 5 Effect of franchise 30/06/1997
The franchise shall include all way leaves and other rights necessary to render such franchise effective but,
subject thereto, nothing in that section shall be construed as conferring on the Company any title, right or interest in
the land on which the construction works are, or are to be, constructed.
(Enacted 1988)
Part: III ASSIGNMENTS, MORTGAGES, ETC. 30/06/1997
(Enacted 1988)
Section: 6 Prohibition on assignment, etc. of franchise rights 30/06/1997
(1) Subject to section 7 the Company shall not assign, subgrant, underlet or otherwise dispose of its rights
under this Ordinance or enter into any agreement for such disposal except with the prior consent of the Governor in
Council and in accordance with the terms of his consent:
Provided that where such disposal is necessary or desirable to enable effect to be given to any arrangements
entered into for the purpose of complying with any notice given under section 46 and the Governor in Council is
satisfied that-
(a) the arrangements are adequate for the purpose; and
(b) the person to whom the rights are to be disposed is a person in whom such rights may properly be
vested or to whom such rights may properly be transferred,
such consent shall not be withheld.
(2) The Secretary shall give notice in the Gazette of the date of any disposal authorized under subsection (1),
the name of the person to whom the rights are disposed, the nature of the disposal and the date thereof.
(Enacted 1988)
Section: 7 Mortgages and charges 30/06/1997
(1) Nothing in section 6 shall prevent the Company from securing the payment or repayment of any moneys
owing by it under any agreement or arrangement entered into for the purpose of providing moneys to finance-
(a) the designing and carrying out of the construction works;
(b) the undertaking of any obligation imposed on the Company by this Ordinance or the project
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 4
agreement; or
(c) such other purposes as the Financial Secretary may, by prior notice in writing to the Company, permit,
by means of any assignment by way of mortgage or other charge or similar arrangement of the rights granted to it
under this Ordinance:
Provided that no such mortgage or charge in so far as it relates to such rights, shall be enforced, whether by
order of any court or otherwise, except with the consent of the Governor in Council and in accordance with the terms
of his consent.
(2) Nothing in section 6 or subsection (1) shall apply to any mortgage, charge, assignment or other arrangement
entered into by the Company, which secures any debt or obligation of the Company upon the right to receive the tolls
under Part VIII.
(3) Where the enforcement of any mortgage or charge to which subsection (1) applies has the effect of
transferring the franchise from a person who was the Company, immediately prior to the transfer, to any other person
who thereby becomes the Company, the Secretary shall give notice thereof in the Gazette.
(4) A notice under subsection (3) shall specify the name of such other person and the date of the transfer.
(Enacted 1988)
Part: IV PROVISIONS RELATING TO THE COMPANY 30/06/1997
(Enacted 1988)
Section: 8 Directors and paid up share capital of the Company L.N. 163 of 2013 03/03/2014
(1) A majority of the directors of the Company shall be persons who are ordinarily resident in Hong Kong.
(2) The Governor shall have power, notwithstanding any provision of the Companies Ordinance (Cap 622),
Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) or any other law, the memorandum of
association (if any) or articles of association of the Company or other instrument, to appoint 2 directors to the board of
the Company. (Amended 28 of 2012 ss. 912 & 920)
(3) On the road operating date the issue and fully paid up share capital of the company shall be $600000000.
(Enacted 1988)
Section: 9 Royalty payments 30/06/1997
(1) The Company shall pay to the Government a royalty at the rate of-
(a) 2.5 per cent of the operating receipts for a period of 5 years after the road operating date; and
(b) thereafter, for the duration of the franchise, 5 per cent of the operating receipts.
(2) The Company shall pay to the Government a further royalty at the rate of-
(a) 15 per cent of the net operating receipts in excess of the projected net operating receipts for a period of
5 years after the road operating date; and
(b) thereafter, for the duration of the franchise, 30 per cent of the net operating receipts in excess of the
projected net operating receipts.
(3) Payment of such royalty or further royalty, as the case may be, shall be due in respect of each period of-
(a) 6 months or part thereof, in the case of the royalty payable under subsection (1); and
(b) 12 months or part thereof, in the case of the further royalty payable under subsection (2),
during which the franchise exists, commencing with the road operating date, and shall be paid within 60 days of the
end of each such period.
(4) The acceptance by the Government of any sum tendered by the Company in accordance with this section
shall not prevent the Government from claiming a further sum in respect of the same year or any adjustment appearing
to be due or necessary on any subsequent examination of the books and accounts and other material furnished by the
Company for inspection under section 34.
(5) The payment by the Company of any sum in accordance with this section shall not prevent the Company
from claiming a refund in respect of the overpayment made by the Company and proved to the satisfaction of the
Financial Secretary.
(6) In this section-
"net operating receipts" (淨營運收入) means the operating receipts reduced by the royalty payable in respect of
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 5
those receipts under subsection (1);
"operating receipts" (營運收入) means the total gross sums received by the Company in respect of-
(a) the tolls as fixed or varied under section 36, as the case may be;
(b) any charges imposed or other benefits obtained by the Company under section 32; and
(c) any other authorized charges imposed by the Company under this Ordinance;
"projected net operating receipts" (預計淨營運收入) means the projected operating receipts for each year during
which the tunnel area is operated by the Company under the franchise as set out in the project agreement,
reduced by the royalty under subsection (1) which would be payable in that year upon such receipts.
(Enacted 1988)
Section: 10 Powers of Financial Secretary in relation to royalty 30/06/1997
For the purpose of ascertaining the royalty or further royalty payable under section 9, the Company shall permit
the Financial Secretary, and any person authorized in writing by him, to inspect at all reasonable times all books of
account, vouchers, receipts and all other records of the Company (including all records maintained by the Company in
accordance with section 34) and to make extracts from any such documents and to take away any such documents for
further examination.
(Enacted 1988)
Section: 11 Tax provisions E.R. 1 of 2012 09/02/2012
For the purposes of Part 6 of the Inland Revenue Ordinance (Cap 112) the Company shall throughout the
continuance of the franchise be deemed to be the owner of and to have the relevant interest in the works which it has
the right to keep in place under section 4(1)(c).
(Amended E.R. 1 of 2012)
(Enacted 1988)
Part: V CONSTRUCTION OF THE TUNNEL 30/06/1997
(Enacted 1988)
Section: 12 Construction works to be carried out at the expense of the
Company
30/06/1997
The Company shall, at its own expense, carry out the construction works in accordance with the project
agreement and this Ordinance.
(Enacted 1988)
Section: 13 Start of construction 30/06/1997
(1) The Company shall not commence the construction works before such date as may be agreed between the
Director and the Company or, in the absence of agreement, as the Director may determine.
(2) The Director shall cause a notice to be published in the Gazette specifying the date of commencement of the
construction works as agreed or determined under subsection (1).
(Enacted 1988)
Section: 14 Period within which works must be completed 30/06/1997
(1) Subject to this section, the Company shall complete the construction works within 37 months from the start
of construction or within such extended period as may-
(a) be approved by the Governor in Council; or
(b) be granted by the Director on the grounds specified in the project agreement and in accordance with
that agreement.
(2) If the Company fails, or appears to be likely to fail, to complete the construction works within the period
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 6
specified in subsection (1), the Governor in Council shall, in considering whether or not to exercise its powers under
subsection (1), take into account the extent to which the construction works have been carried out and whether such
failure was or is occasioned by circumstances beyond the control of the Company (the want of sufficient funds not
being regarded as a circumstance beyond its control).
(Enacted 1988)
Section: 15 Determination of date of completion 30/06/1997
For the purposes of section 14(1) the date when the Company shall be deemed to have completed the
construction works shall be the road operating date.
(Enacted 1988)
Section: 16 Project agreement sufficient authority to carry out works L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(1) Subject to subsection (3) any construction works which are to be carried out under the project agreement
and in accordance with any approval or exemption thereunder may be carried out without further authority
notwithstanding anything to the contrary in any Ordinance:
Provided that nothing in this section shall authorize anything to be done in contravention of section 13 of the
Summary Offences Ordinance (Cap 228).
(2) Subject to subsection (3) the Buildings Ordinance (Cap 123) shall not apply in relation to the construction
works.
(3) The Secretary for Development may, by notice in the Gazette, apply the Buildings Ordinance (Cap 123), or
any provision thereof, to any of the construction works: (Amended 23 of 2002 s. 126; L.N. 130 of 2007)
Provided that nothing in this subsection shall apply to any such works which are civil engineering works.
(Enacted 1988)
Part: VI CONTINUING OBLIGATIONS AND PROVISIONS IN
RESPECT OF THE CONSTRUCTION WORKS:
REGULATIONS
30/06/1997
(Enacted 1988)
Section: 17 Defects 30/06/1997
(1) The Company shall be liable at all times until the expiration or revocation of the franchise to make good
any defect in the construction works as soon as practicable after the defect becomes apparent and to the reasonable
satisfaction of the Director.
(2) The Director may, by notice in writing, require the Company to effect such works as he considers necessary
to make good any defect that it is liable to make good under this section and any damage to the construction works
arising from such defect.
(3) Nothing in this section shall impose any liability on the Company to-
(a) undertake any work or remedy any defect or damage to the construction works arising from such
defect, beyond the work reasonably required to remedy such defect or damage; or
(b) remedy any defect which does not, or is unlikely to, adversely affect the design life, operation, use or
safety of the construction works.
(Enacted 1988)
Section: 18 Repair of tunnel and road works 30/06/1997
(1) The Company shall keep in a state of repair until the expiration or revocation of the franchise and to the
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 7
satisfaction of the Director-
(a) the tunnel; and
(b) all works, whether within or outside the tunnel, which it has the right to keep in place under section
4(1)(c).
(2) The Director may, by notice in writing, require the Company to effect such repairs and alterations to the
structures or works it is required by subsection (1) to keep in a state of repair as he considers necessary for the proper
repair thereof and for the obviation of fire and other hazards therein.
(Enacted 1988)
Section: 19 Provisions supplementary to sections 17 and 18 30/06/1997
(1) Where any works are effected by the Company under section 17 or 18, the provisions of section 16 and the
project agreement shall apply in respect of the carrying out of such works as though the same were the carrying out of
the construction works with such modifications as the circumstances of the case may require or as the Director may
determine.
(2) The Director shall not exercise his powers under section 17 or 18 in such manner as would require the
Company to carry out any works to a standard which is substantially higher than that-
(a) required by-
(i) any relevant approval or exemption under the project agreement; or
(ii) standards generally prevailing,
when the construction works were first carried out;
(b) which may be reasonably justified having regard to the age of the construction works at the time when
such works as so required are to be carried out.
(3) If the Company fails to comply with any requirement of the Director under section 17 or 18 within a
reasonable time after the receipt of notice of the requirement, the Director may effect the necessary works.
(4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying
out of any works which the Company is required by section 17 or 18 to carry out, he may require the Company to
effect the same forthwith or, if he thinks fit, he may forthwith effect the same with or without notice to the Company.
(5) The expense of any works carried out under section 17 or 18 shall be borne by the Company and, where any
such works are effected by the Director, the expense thereof shall be recoverable from the Company by the
Government as a civil debt.
(Enacted 1988)
Section: 20 Closure of tunnel 30/06/1997
(1) The Company may, and if required by the Director shall, close or partially close the tunnel whenever this is
necessary to enable any works to be effected by reason of any obligation imposed by this Part.
(2) The Company shall not, except in an emergency, effect any such closure under subsection (1) without prior
notification in writing to the Commissioner where any road traffic lane is to be closed.
(3) Whenever a closure is effected under subsection (1) in pursuance of a requirement of the Director, the
tunnel or such part thereof as is affected shall not be reopened without the prior consent in writing of the Director.
(Enacted 1988)
Section: 21 Utilities through the tunnel area 30/06/1997
(1) Notwithstanding anything to the contrary in any other Ordinance no person other than the Company may
install any utility within the tunnel area without the consent of the Company.
(2) The Company shall not give any permission for the purpose of subsection (1) unless the Commissioner has
first approved the giving thereof and the terms and conditions (other than provision as to charges) of the permission.
(3) The Commissioner shall not give his approval under subsection (2) unless he is satisfied that the safety of
persons using or employed in the vicinity of the tunnel area, and the passage of motor vehicles through the tunnel area,
will not be prejudiced by such installation.
(4) The Company shall afford reasonable access to any utility in the tunnel area by the owner or person having
the control of that utility.
(Enacted 1988)
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 8
Section: 22 Director may enter tunnel area and works area 30/06/1997
(1) The Director may at any time enter any place where construction works or other works undertaken in
connection with the project have been or are being carried out-
(a) to ascertain whether the construction works are dangerous or liable to become unsafe or dangerous;
(b) to inspect or test any machinery, equipment or plant therein;
(c) to ascertain whether the Company is complying with the provisions of this Ordinance or the project
agreement in relation to the construction or repair of the construction works;
(d) to effect any works authorized under this Ordinance.
(2) The Company shall afford the Director such facilities as he may require for the purposes of subsection (1).
(Enacted 1988)
Section: 23 Information to be supplied by the Company to the Director 30/06/1997
For the purpose of enabling the Director to ascertain any arrangements which have been made or are about to be
made by the Company for the fulfilment of its obligations under this Part, the Company shall, when required by the
Director, forthwith furnish him with such information as to any matter relevant to such arrangements as he may
require.
(Enacted 1988)
Section: 24 Power to make regulations 30/06/1997
The Governor in Council may make regulations for all or any of the following matters-
(a) the provision by the Company of adequate, efficient, safe and continuous facilities for the passage of
motor vehicles through the tunnel area;
(b) the safety of persons using or employed in the tunnel and tunnel area, and, without prejudice to the
generality of the foregoing in relation to fire hazards, for preventing any concentrations of carbon
monoxide or other dangerous gases;
(c) lighting, including emergency lighting, and visibility in the tunnel area;
(d) the noise level in the vicinity of any ventilation plant associated with the tunnel;
(e) the powers of the personnel provided by the Company for the control, restriction and safety of traffic
in the tunnel area;
(f) the circumstances under and extent to which police officers may take over the control and restriction of
traffic in the tunnel area;
(g) priority of vehicles in passage through the tunnel area;
(h) any records to be kept by the Company in addition to those specified in section 34;
(i) prescribing anything which under this Ordinance is to be or may be prescribed;
(j) such other purposes as may be necessary or expedient to carry out effectively the provisions of this
Ordinance.
(Enacted 1988)
Part: VII THE TUNNEL 30/06/1997
(Enacted 1988)
Section: 25 Road operating date 30/06/1997
(1) The tunnel and its approach roads shall be opened to the use of the public on a date determined by the
Commissioner and notified by him in the Gazette.
(2) The date notified under subsection (1) shall be as soon as practicable after the Director has issued to the
Commissioner and the Company a certificate stating that in his opinion the tunnel and approach roads intended to be
opened for public use are in a condition fit therefor.
(3) In this section "approach roads" (引道) means the approach roads comprised in the construction works.
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 9
(Enacted 1988)
Section: 26 Company to provide tunnel facilities 30/06/1997
Subject to this Ordinance, on and after the road operating date and, throughout the continuance under section
4(2) of the franchise, the Company shall provide and operate, to the satisfaction of the Commissioner, adequate,
efficient and safe facilities for the passage of motor vehicles through the tunnel.
(Enacted 1988)
Section: 27 Right to use of tunnel facilities 30/06/1997
Subject to this Ordinance-
(a) the tunnel shall be used for the passage of motor vehicles upon payment of the tolls specified in the
Schedule; and
(b) the Company shall not without reasonable grounds prevent or refuse the use of the tunnel for such
purpose.
(Enacted 1988)
Section: 28 Control and safety of tunnel traffic 30/06/1997
(1) The Company shall, to the satisfaction of the Commissioner, provide personnel and facilities for the control
and safety of motor vehicles and persons in the tunnel area.
(2) The provision of such personnel and facilities shall be at the expense of the Company.
(Enacted 1988)
Section: 29 Application of other laws 30/06/1997
(1) Save to the extent that they are inconsistent with any regulations made under section 24 or by-laws made
under section 35, the provisions of the Road Traffic Ordinance (Cap 374) shall apply to the roads in the tunnel area as
if they were roads within the meaning of that Ordinance.
(2) The tunnel area shall be a public place for the purposes of any law.
(Enacted 1988)
Section: 30 Operation of tunnel area by Government L.N. 38 of 2011 01/06/2011
(1) The Governor in Council may, if he is satisfied that it is necessary to do so in the interests of public
security, order that the Government shall take over the operation of the tunnel area or any part thereof together with
such of the property of the Company as is necessary therefor, and continue such operation until the Governor in
Council otherwise orders.
(2) The Government shall pay to the Company for any loss or damage suffered by the Company by reason of
any order under subsection (1), such amount as may be agreed between the Government and the Company, or in
default of such agreement such amount as may be determined by arbitration under the Arbitration Ordinance (Cap
609). (Amended 17 of 2010 s. 112)
(3) Any period during which the Government operates the tunnel area or any part of that area shall be
computed in and not deducted from the period specified in section 4(2).
(Enacted 1988)
Section: 31 Closure of tunnel for safety reasons 30/06/1997
(1) The Company may, and if so required by the Commissioner shall, close or partially close the tunnel to the
use of the public whenever such action appears to be reasonably necessary for the safety of persons using or employed
in the tunnel area, for routine maintenance or for cleaning.
(2) Save when required by the Commissioner to close or partially close the tunnel, the Company shall notify
the Commissioner forthwith of any closure unless the Commissioner, by reason of his having been informed in
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 10
advance of such closure, has waived his right to such notification.
(Enacted 1988)
Section: 32 Advertising in tunnel area 30/06/1997
(1) The Company may, with the prior approval of the Commissioner in writing, use, or permit the use of any
part of the tunnel area for advertising purposes on such conditions as to charges and otherwise as may be determined
by the Company.
(2) Part IX of the Public Health and Municipal Services Ordinance (Cap 132) shall not apply to the use of any
part of the tunnel area for advertising purposes.
(3) The Commissioner shall not give his approval under subsection (1) unless he is satisfied that the safety of
persons using or employed in the tunnel area, and the passage of vehicles through the tunnel, will not be prejudiced by
such advertising.
(Enacted 1988)
Section: 33 Commissioner may enter tunnel for inspection purposes 30/06/1997
(1) The Commissioner may, without payment of tolls or other charges to the Company, enter the tunnel area at
any time after the road operating date to ascertain whether the Company is-
(a) providing adequate and efficient facilities for the safe and efficient passage of motor vehicles and the
occupants thereof through the tunnel and for the control and safety of traffic in the tunnel area; or
(b) complying with the provisions of this Ordinance other than the provisions of Part VI.
(2) The Company shall afford the Commissioner such facilities as he may require for the purposes of
subsection (1).
(Enacted 1988)
Section: 34 Records and information 30/06/1997
(1) The Company shall maintain the following records relating to the tunnel area and the operation of the
tunnel-
(a) an up to date set of drawings of the construction works, which shall include all such alterations and
additions as may, from time to time, be made to the construction works;
(b) the times during which each toll gate is open;
(c) the number of motor vehicles using the tunnel, specifying the different classes of such vehicles, their
direction through the tunnel, and providing continuous and cumulative figures thereof;
(d) the amount collected as tolls and the numbers and prices of toll tickets (if any) issued;
(e) all accidents and stoppages to traffic in the tunnel area; and
(f) the personnel employed in connection with the operation of the tunnel, including details as to the
nature, location and times of such employment.
(2) The Company shall permit the Commissioner to inspect, examine and copy all such records and supporting
accounts kept by it, and shall afford facilities for such inspection, examination or copying as may from time to time be
required by the Commissioner.
(3) For the purpose of enabling the Commissioner to ascertain any arrangements which have been, or are about
to be, made by the Company for the fulfilment of its obligations under this Part, Part IV or VIII or any regulations
under section 24 the Company shall, at the request of the Commissioner, forthwith furnish him with information
relevant to such fulfilment, including information relating to the organization of the Company, as he may require.
(Enacted 1988)
Section: 35 Power to make by-laws 30/06/1997
(1) Subject to this Ordinance, the Company may make by-laws for all or any of the following matters-
(a) order and safety, public health, and the prevention and abatement of nuisances in the tunnel area;
(b) the control, restriction and safety of traffic in the tunnel area;
(c) the regulation of the speed of traffic using the tunnel area;
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 11
(d) the regulation of the types, dimensions, condition and loading of vehicles which may use the tunnel
area;
(e) the regulation of the use by vehicles in the tunnel area of lights, horns, sirens and other equipment;
(f) the regulation and prevention of the carriage into or through the tunnel area of any offensive, noxious
or dangerous goods;
(g) the collection of tolls in respect of the use of the tunnel;
(ga) the regulation of the use of automatic toll collection facilities; (Added 50 of 1993 s. 2)
(h) the purchase, issue and collection of toll tickets in respect of such use;
(i) the towing away or removal of any vehicle or thing causing obstruction in the tunnel area and the
imposition of charges in respect of any such towage or removal and of any storage, detention or
service of such vehicle or thing;
(j) the protection of any property owned or controlled by the Company from damage or injury;
(k) the employment and organization of personnel provided by the Company for the control, restriction
and safety of traffic in the tunnel area and approach roads;
(l) any other conditions subject to which the tunnel area may be used by the public for the passage of
motor vehicles; and
(m) any other matter relating to the control, operation and management of the tunnel area which it is
necessary or expedient to provide for.
(2) Where a by-law made under subsection (1) provides for the issue of a permit for any purpose, the by-law
may prescribe a fee to be paid in respect of such permit.
(3) All by-laws made under subsection (1) shall be subject to the approval of the Legislative Council.
(4) Any by-laws made under subsection (1) may provide that a contravention of specified provisions thereof
shall be an offence and may provide penalties therefor not exceeding a fine of $2000.
(5) The Company shall cause printed copies of all by-laws made under this section to be kept at the registered
office of the Company and to be available for sale at a reasonable charge to every person applying therefor.
(6) The Legislative Council may by resolution amend the amount specified in subsection (4).
(Enacted 1988)
Part: VIII COLLECTION OF TOLLS 30/06/1997
(Enacted 1988)
Section: 36 Company to charge approved tolls for use of tunnel L.N. 38 of 2011 01/06/2011
(1) Subject to this Ordinance, the Company may demand and collect tolls in respect of the passage of motor
vehicles through the tunnel.
(2) The tolls that may be collected under subsection (1) shall be those specified in the Schedule.
(3) The tolls specified in the Schedule may be varied-
(a) by agreement between the Governor in Council and the Company; or
(b) in default of agreement by submission of the question of the variation of tolls to arbitration under the
Arbitration Ordinance (Cap 609) by either the Governor in Council or the Company. (Amended 17 of
2010 s. 112)
(4) On a submission to arbitration under subsection (3), the arbitrators shall be guided by the need to ensure
that the carrying out by the Company of its obligations, or the exercise of its rights, under this Ordinance is reasonably
but not excessively remunerative to the Company, having regard to-
(a) any material change in the economic conditions of Hong Kong since the enactment of this Ordinance
or, as the case may be, since tolls were last determined under this section;
(b) the dismissal of any appeal by the Company made under section 53;
(c) any material change in any other circumstances affecting the exercise by the Company of its rights
under the franchise;
(d) the effect of the introduction of, or alteration in, any tax or levy imposed on the use of the tunnel;
(e) the project agreement; and
(f) any other relevant matter.
(5) In determining for the purposes of subsection (4) whether the carrying out by the Company of its
obligations, or the exercise of its rights has been reasonably but not excessively remunerative to the Company, the
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 12
arbitrators shall, if there has been any failure by a guarantor under the further guarantee agreement to comply with the
terms of that agreement, deem the Company to be in the financial position it would have been in had the further
guarantee agreement been honoured, and subject to this subsection nothing in that subsection shall be deemed to
render such failure a relevant matter which the arbitrators may take into consideration.
(6) Where under subsection (3)-
(a) the Governor in Council and the Company agree to a variation of the tolls; or
(b) in an award pursuant to a submission to arbitration it is determined that the tolls should be varied,
the tolls specified in the Schedule shall be varied in compliance with such agreement or award, as the case may be.
(7) The Commissioner shall, by notice in the Gazette, as soon as is practicable after such agreement or award as
is referred to in subsection (6), amend the Schedule.
(Enacted 1988)
Section: 37 Description of motor vehicle 30/06/1997
The description of motor vehicles mentioned in the Schedule shall be interpreted in accordance with the
definitions and classes of motor vehicles mentioned in section 2 of the Road Traffic Ordinance (Cap 374).
(Enacted 1988)
Section: 38 Display of notices of tolls and sale thereof 30/06/1997
(1) The Company shall, to the satisfaction of the Commissioner, cause to be displayed at both ends of the
tunnel, in conspicuous places, notices stating the toll payable in respect of each category of motor vehicle.
(2) The Company shall cause printed copies of the list of the tolls currently chargeable by the Company to be
kept at the registered office of the Company and to be sold at a reasonable charge to every person applying therefor.
(Enacted 1988)
Section: 39 Company may not charge tolls greater than those as fixed
or varied
30/06/1997
The Company shall not charge any person a toll greater than the appropriate toll specified in the Schedule.
(Enacted 1988)
Section: 40 Company may erect toll structures, etc. 30/06/1997
For the purpose of collecting tolls the Company may erect in the tunnel area such toll gates, toll houses and other
structures as it considers necessary.
(Enacted 1988)
Part: IX TRAFFIC OFFENCES: SUPPLEMENTARY
PROVISIONS
30/06/1997
(Enacted 1988)
Section: 41 Obligation to give information relating to the driving of
vehicles
29 of 1999 01/09/1999
(1) Without prejudice to section 63 of the Road Traffic Ordinance (Cap 374), where the driver of a motor
vehicle is suspected of having committed an offence against this Ordinance in the tunnel area, any person (including
both the registered owner of the vehicle and the person suspected of being the driver of the vehicle at the time of the
alleged offence) shall, on demand made within 6 months after the date of the alleged offence, give to a tunnel officer
in the manner prescribed in this section the name, address and driving licence number of the person driving the vehicle
at the time of the alleged offence and his relationship (if any) to the driver. (Amended 29 of 1999 s. 2)
(2) A demand under subsection (1) may be made orally or by means of a notice served personally or by post on
the person on whom it is made.
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 13
(3) Where a demand under subsection (1) is made orally to any person he shall-
(a) if he was the driver of the vehicle at the time of the alleged offence-
(i) give immediately his name and address; and
(ii) give the number of his driving licence to a specified tunnel officer within 21 days after the date
of the demand; and
(b) if he was not the driver of the vehicle at the time of the alleged offence, give the information required
under subsection (1) to a specified tunnel officer either orally or in writing within 21 days after the
date of the demand.
(4) A notice under subsection (2) shall require the person to whom it is addressed-
(a) to furnish, within 21 days after the date of the notice, to a tunnel officer specified therein, a written
statement, in such form as may be specified in the notice, giving the name, address and driving licence
number of the person driving the vehicle at the time of the alleged offence and his relationship (if any)
to the driver; and
(b) to sign the said statement.
(5) Subject to subsection (6), any person who contravenes subsection (1) shall be guilty of an offence and shall
be liable on conviction to a fine of $4000 and to imprisonment for 6 months.
(6) In proceedings for an offence under subsection (5), it shall be a defence to show that the accused person did
not know, and could not with reasonable diligence have ascertained, the name or address or driving licence number of
the person driving the vehicle at the time of the alleged offence.
(Enacted 1988)
Section: 41A Making false statements and omitting material particulars 29 of 1999 01/09/1999
(1) A person who makes a false statement in supplying particulars required under section 41 commits an
offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(2) In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did
not know and had no reason to believe the statement to be false.
(3) A person who omits any material particular required under section 41 commits an offence and is liable on
conviction to a fine at level 2 and to imprisonment for 6 months.
(4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did
not know, and could not with reasonable diligence have ascertained, the particular required.
(Added 29 of 1999 s. 2)
Section: 42 Proof in summary proceedings of identity of driver 30/06/1997
If, in any summary proceedings for an offence under this Ordinance, there is produced to the court a statement
which-
(a) purports to have been signed by the accused person;
(b) was furnished in accordance with a notice served on him under section 41; and
(c) states that the accused person was the driver of the vehicle at the time of the offence,
the court shall admit the statement as prima facie evidence that the accused person was the driver of the vehicle at the
time of the offence.
(Enacted 1988)
Section: 42A Certificates of image recording and printing devices 29 of 1999 01/09/1999
(1) A document in such form as may be specified by the Commissioner purporting-
(a) to be a record of the testing of the functioning, inspection or servicing of an image recording device
(with or without any associated image printing device) used for the purpose of recording and, where
appropriate, reproducing the images of vehicles passing through a toll booth and specified in the
document; and
(b) to be certified as to such testing, inspection or servicing by a person authorized in this behalf by the
Company,
shall be admitted as evidence in any criminal or civil proceedings before any court on its production without further
proof.
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 14
(2) On the production of a document under subsection (1)-
(a) the court before which it is produced shall, in the absence of evidence to the contrary, presume-
(i) that it was signed at the time and place specified in it by a person authorized by the Company;
(ii) that the facts stated in the document relating to the testing of the functioning, inspection or
servicing of the image recording device and the associated image printing device, if any,
specified in it are true; and
(iii) that the record of the facts stated in the document was made and compiled at the time stated in it;
(b) the document shall be evidence of all other matters contained in it; and
(c) the recording and print, if any, produced by using the image recording device and the associated image
printing device, where appropriate, shall be evidence of all matters contained in them.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks
fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the
document and examine him as to the matter the subject of the document.
(Added 29 of 1999 s. 2)
Section: 42B Certificates as to photographic process 29 of 1999 01/09/1999
(1) A document in such form as may be specified by the Commissioner purporting to be signed by a person
duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received
and processed by him shall, together with the photographic prints or photographic enlargements referred to in the
document, be admitted in evidence in any criminal or civil proceedings before any court on its production without
further proof, and-
(a) in the absence of evidence to the contrary, the court before which such document is produced shall
presume that the signature to the document is genuine and that the person signing it was duly
appointed under subsection (2) at the time when he signed it; and
(b) such document shall be evidence of all matters contained in it.
(2) The Company may appoint in writing such persons as it thinks fit to carry out the processing of exposed
film and to sign certificates under subsection (1) in relation to the processing.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks
fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the
document and examine him as to the matter the subject of the document.
(Added 29 of 1999 s. 2)
Section: 43 Proof of plan 30/06/1997
(1) In any prosecution for an offence against this Ordinance, a copy of the plan, certified by the Commissioner
to be a copy of such plan, shall be conclusive proof of the tunnel area.
(2) Any such copy purporting to be certified by the Commissioner shall be deemed, until the contrary is
proved, to have been certified by him.
(Enacted 1988)
Section: 44 Definitions and application 30/06/1997
(1) In this Part-
"driver" (駕駛人), in relation to any motor vehicle, means any person who is in charge of or assisting in the control of
such vehicle;
"driving licence" (駕駛執照) means a licence issued in accordance with regulations made under section 8 of the
Road Traffic Ordinance (Cap 374);
"owner" (車主) includes the person in whose name a vehicle is registered under the Road Traffic Ordinance (Cap
374) and the person by whom the 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 that
agreement;
"tunnel officer" (隧道人員) means any person employed by the Company in connection with the control, restriction
and safety of traffic in the tunnel area.
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 15
(2) The powers conferred on a tunnel officer by section 41, other than the power to make a demand by serving
a notice under subsection (2) of that section, may be exercised only within the tunnel area.
(Enacted 1988)
Part: X DEFAULT AND EXPIRATION OF THE FRANCHISE 30/06/1997
(Enacted 1988)
Section: 45 Default L.N. 158 of 1998 01/04/1998
For the purposes of this Part, the Company shall be deemed to be in default if-
(a) it has failed or there is a substantial likelihood of its failing to complete the construction works within
the period or extended period allowed by section 14;
(b) there has been a substantial failure by it to discharge its obligations under the project agreement;
(c) it has failed or there is a substantial likelihood of its failing to operate the tunnel in accordance with
this Ordinance;
(d) the guarantors, having been called upon under the guarantee agreement-
(i) fail to respond to such call within a reasonable period of time; or
(ii) are in material breach of any of the provisions of the guarantee agreement;
(e) (Repealed 76 of 1996 s. 86)
(f) it fails to comply with a notice under section 46,
and the expression "default" (失責行為) shall be construed accordingly.
(Enacted 1988)
Section: 46 Defaults capable of remedy 30/06/1997
(1) This section shall apply in the case of any default where it appears to the Secretary that the default is
capable of being remedied.
(2) In the case of any default to which this section applies, the Secretary shall serve-
(a) in the case of a default prior to the discharge date, on-
(i) the Company;
(ii) the guarantors; and
(iii) any agent nominated under subsection (3); and
(b) in the case of a default on or after the discharge date, on-
(i) the Company; and
(ii) any agent nominated under subsection (3),
a notice calling upon the Company, within such time (being not less than 28 days) as may be specified in the notice or
such further time as the Secretary may allow, being a time reasonable in the circumstances, to remedy the default or to
take measures or make arrangements to the satisfaction of the Secretary to ensure that such default is remedied.
(3) Any financier or, where a financier is a member of a consortium of financiers, that consortium, may, for the
purposes of subsection (2), at any time nominate to the Secretary an agent and specify an address for service of that
agent in Hong Kong.
(4) In this section "financier" (融資人) means any person who has provided credit or agreed to act as surety or
guarantor for or otherwise provided financial support to the Company for the purposes of the project or to enable the
Company to carry out its obligations under this Ordinance or the project agreement.
(5) The arrangements referred to in subsection (2) may, without derogation from the generality of that
subsection, include arrangements for the disposal of the rights of the Company to another person in accordance with
section 6.
(Enacted 1988)
Section: 47 Revocation of the franchise 30/06/1997
(1) If-
(a) the Secretary has reported to the Governor in Council that the Company has failed to comply with a
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 16
notice served by him under section 46(2); or
(b) it appears to the Governor in Council that the Company is in default,
the Governor in Council may direct the Secretary to serve a notice under subsection (2).
(2) The notice referred to in subsection (1) shall-
(a) if given in relation to a default arising before the discharge date, be served on the persons specified in
section 46(2)(a); and
(b) if given in relation to a default arising on or after the discharge date, be given to the persons specified
in section 46(2)(b),
and shall specify whether it is given under subsection (1)(a) or (b) and, if given under subsection (1)(a), give
particulars of the notice referred to in that subsection and brief particulars of the report of the Secretary and, if given
under subsection (1)(b), specify the nature of the default, and shall require the Company to show cause in writing to
the Governor in Council, within 28 days after the date of the service why he should not exercise his powers under
subsection (4).
(3) Any person upon whom a notice is served under subsection (2) and any other person who is a shareholder
of the Company or a financier within the meaning of section 46 may, within the period specified in subsection (2), or
such further period as the Governor in Council may allow, make representations to the Governor in Council, to show
cause why the Governor in Council should not exercise his powers under subsection (4).
(4) After considering any representations made under subsection (3) and if the Governor in Council is of the
opinion that insufficient cause has been shown why the Governor in Council should not exercise his powers under this
section, the Governor in Council may by order-
(a) where it appears to the Governor in Council that a notice should have been served under section 46 and
was not, or the terms of any notice served were unreasonable, direct the Secretary to serve a notice or,
as the case may be, a further notice, under that section in such terms as the Governor in Council may
determine unless it appears to the Governor in Council that the default is no longer capable of being
remedied; or
(b) in any other case, revoke the franchise.
(5) Where the Governor in Council exercises his powers under subsection (4) he may further order that the
franchise revoked be regranted to such other person (being a person willing and able to accept such re-grant) on such
terms and conditions, being terms and conditions consistent with this Ordinance, as he may think fit, and upon the
publication of that order in the Gazette such franchise shall vest in such other person and the provisions of this
Ordinance shall apply to such person as being the Company.
(6) An order made under-
(a) subsection (4)(a) shall be directed to the Secretary and a copy thereof shall be attached to the
Secretary's notice under section 46(2);
(b) subsection (4)(b) shall be served on-
(i) the Company and the guarantors if the default takes place prior to the discharge date; or
(ii) the Company in any other case,
and shall, as soon as practicable thereafter, be published in the Gazette.
(Enacted 1988)
Section: 48 Effect of winding up of the Company, termination of
franchise, etc.
30/06/1997
(1) All rights and obligations of the Company under this Ordinance shall determine on-
(a) the commencement of the voluntary winding up of the Company, otherwise than for the purposes of an
assignment in accordance with section 6, at any time prior to the discharge date;
(b) the making of a winding up order in respect of the Company prior to the discharge date;
(c) the revocation of the franchise under section 47(4)(b); or
(d) on the expiration of the period specified in section 4(2),
whichever event first occurs.
(2) Upon the determination of the rights and obligations of the Company under this section the assets of the
Company shall vest in the Government.
(Enacted 1988)
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 17
Section: 49 Liability of the Company and amount payable by the
Government on the vesting in it of its assets
L.N. 38 of 2011 01/06/2011
(1) On the determination of the rights and obligations of the Company under section 48(1), the Company shall
thereupon be liable, in addition to the payment of all other sums due to the Government, to pay-
(a) all sums payable under the project agreement; and
(b) any expenses which may be incurred by the Government-
(i) in putting any land and any incomplete construction works in a satisfactory order to enable the
construction works either to be maintained in a state in which they can be continued at a future
time or abandoned as the Director may determine, including any costs of land restoration; and
(ii) in putting the construction works in a safe condition.
(2) Subject to subsection (4) and section 50 on the determination of the rights and obligations of the Company
under section 48(1), the Government shall be liable to pay to the Company in respect of the assets of the Company
vesting in the Government under section 48(2) such amount as may be agreed between the Government and the
Company as representing the value of such assets to the Government at the time of vesting or, in default of such
agreement, such amount as may be determined by arbitration under the Arbitration Ordinance (Cap 609). (Amended
17 of 2010 s. 112)
(3) In determining the value for the purposes of subsection (2) where the vesting of the assets in the
Government is in consequence of a default, there shall be deducted from what would, but for this subsection, be the
value of the assets, such amount as may be agreed or determined in accordance with the provisions of that subsection
for-
(a) damages occasioned to the Government by such default calculated on the basis that the construction
works had been, or are to be, constructed, for the beneficial use of the Government and that the
Government is the franchise holder under Part II;
(b) the costs to the Government of obtaining the forfeiture of the franchise under this Part.
(4) No amount shall be payable to the Company under subsection (2) upon the determination of the rights and
obligations of the Company under section 48(1)(c) where the revocation of the franchise was on the grounds that the
Company had failed or appeared likely to fail to complete the construction works within the period or extended period
allowed by section 14.
(Enacted 1988)
Section: 50 Reimbursement of Company upon expiration of franchise E.R. 1 of 2012 09/02/2012
No compensation shall be payable by the Government to the Company upon the expiration of the period
specified in section 4(2), save that the Government shall pay to the Company the reduced value of any machinery,
equipment or plant forming part of the assets (such value being calculated in accordance with Part 6 of the Inland
Revenue Ordinance (Cap 112)) purchased by the Company with the agreement of the Financial Secretary within the 5
years next preceding the expiration of the period of the franchise and owned by the Company on such expiration.
(Amended E.R. 1 of 2012)
(Enacted 1988)
Section: 51 Government not liable for Company's debts 30/06/1997
Any vesting of the assets of the Company in the Government under this Part shall not thereby render the
Government liable for any debts of the Company.
(Enacted 1988)
Section: 52 Meaning of "assets" (資產) 30/06/1997
In this Part, "assets" (資產) means the structure of the tunnel and all buildings, machinery, equipment and plant
ancillary to the construction, operation and maintenance of the tunnel.
(Enacted 1988)
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 18
Part: XI SUPPLEMENTARY 30/06/1997
(Enacted 1988)
Section: 53 Appeal by the Company L.N. 38 of 2011 01/06/2011
(1) If the Company is aggrieved by any decision to which this section applies it may within 14 days of the
notification to it of that decision, or such longer period as the Governor may allow, appeal against such decision by
giving written notice to the Governor that it appeals against such decision and in that notice specifying the grounds
upon which the appeal is based.
(2) On receipt of a notice of appeal under subsection (1) the Governor-
(a) shall, if the appeal is against any decision of the Director and the failure of the appeal would result in
the Company being held to be in default under Part X or if it appears to the Governor that this would
be a probable result of such failure, refer the appeal to arbitration under the Arbitration Ordinance (Cap
609);
(b) subject to paragraph (a) may, where it appears to him that the issues raised by the appeal are matters of
engineering practice, questions of the interpretation of the project agreement or other matters
appropriately referred to arbitration, refer the appeal to arbitration under the Arbitration Ordinance
(Cap 609),
and, in any other case, the appeal shall be determined by the Governor in Council. (Amended 17 of 2010 s. 112)
(3) On an appeal under this section the Governor may give such instructions as he thinks fit as to the
enforcement of the decision appealed against pending the determination or abandonment of the appeal but, subject to
such instructions, such decision may, pending such determination or abandonment, be enforced as if no such appeal
had been made.
(4) The decision of the arbitrator or Governor in Council on an appeal under this section shall be final.
(5) In this section-
"decision" (決定) means any requirement, determination or direction made, or the withholding of any consent or
approval (including the refusal to grant time under section 14(1)(b) as read with the project agreement), by the
Secretary, the Director or the Commissioner under this Ordinance other than the exercise by the Secretary of his
powers under section 46,
and this section shall apply to any such decision.
(Enacted 1988)
Section: 54 Non-derogation from Government's rights 30/06/1997
(1) Nothing in this Ordinance or the project agreement shall affect any rights which the Government or any
servant or agent thereof may have to enter upon any land affected by the construction works and do anything thereon
which he might have done if those works had not been undertaken except to the extent that the exercise of such rights
is limited by any express provision of this Ordinance or that agreement or by necessary implication from their
provisions.
(2) Nothing in subsection (1) shall enable the Government, its servants or agents to exercise any such rights as
are referred to in that subsection in a manner which would derogate from any rights granted to the Company under this
Ordinance.
(Enacted 1988)
Section: 55 Certificate as to moneys owing to the Government 30/06/1997
Where under this Ordinance any person becomes liable for the payment of money to the Government a
certificate purporting to be signed by the Director as to the amount owing shall be evidence of that amount and,
subject to any provision to the contrary in this Ordinance, the amount specified in that certificate shall become payable
by the person so liable upon presentation of that certificate to him.
(Enacted 1988)
Cap 393 - TATE'S CAIRN TUNNEL ORDINANCE 19
Section: 56 Limitation of public liability 30/06/1997
No liability shall be imposed upon the Government or any public officer by reason of the fact that the
construction works are carried out in accordance with this Ordinance and the project agreement or that the
construction works or the designs, structural details, calculations, method and programme of construction and
conditions of contract relating thereto are subject to inspection or approval by a public officer under the project
agreement, nor shall anything in this Ordinance or the project agreement make it obligatory for the Director or the
Commissioner to inspect the construction works to ascertain that the provisions of this Ordinance or the project
agreement are complied with or that any designs, structural details, calculations, or other documents, certificates and
notices submitted to him are accurate.
(Enacted 1988)
Section: 57 Director to give effect to the project agreement 30/06/1997
Where this Ordinance confers a discretion or authority upon the Director he shall, in addition to taking into
consideration any matters which he is by this Ordinance required or permitted to take into consideration and other
proper matters, exercise that discretion or authority so as to give effect to the terms of the project agreement.
(Enacted 1988)
Schedule: SCHEDULE L.N. 153 of 2015 01/01/2016
[sections 4, 27, 36,
37 & 39]
Tate’s Cairn Tunnel Tolls
Category Vehicle
Toll
1. Motorcycles, motor tricycles ..................................................................... $15
2. Private cars, electrically powered passenger vehicles, taxis ......................... $20
3. Public light buses ..................................................................................... $23
4. Private light buses .................................................................................... $24
5. Light goods vehicles and special purpose vehicles of a permitted gross
vehicle weight not exceeding 5.5 tonnes .....................................................
$24
6. Medium goods vehicles and special purpose vehicles of a permitted gross
vehicle weight exceeding 5.5 tonnes but not exceeding 24 tonnes .........
$28
7. Heavy goods vehicles and special purpose vehicles of a permitted gross
vehicle weight exceeding 24 tonnes but not exceeding 38 tonnes ..........
$28
8. Public and private single-decker buses ....................................................... $32
9. Public and private double-decker buses ...................................................... $35
10. Each additional axle in excess of 2 ............................................................. $24
(Schedule replaced L.N. 153 of 2015)
