Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 1

Chapter: 436 WESTERN HARBOUR CROSSING ORDINANCE Gazette Number Version Date

Long title 30/06/1997


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)

Part: I PRELIMINARY 30/06/1997


(Enacted 1993)

Section: 1 Short title 30/06/1997


(1) This Ordinance may be cited as the Western Harbour Crossing Ordinance.
(2) (Omitted as spent)

(Enacted 1993)

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-

"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" (委員會) 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" (解除責任日期) means the date referred to in the guarantee agreement as being the discharge date

for the purposes of this Ordinance;
"franchise" (專營權) means a franchise granted under this Ordinance;
"franchise period" (專營期) means the period beginning on the start of construction and ending-

(a) on the 30th anniversary of that date; or



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 2

(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, supplementing
or novating that agreement;

"Guarantors" (保證人) 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" (汽車) means any mechanically propelled vehicle;
"operating date" (開始經營日期) means the date notified in the Gazette under section 23(4);
"plan" (圖則) 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, supplementing
or novating that agreement;

"Secretary" (局長) means, subject to subsection (2), 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 agreed or determined, under section 12(1);
"toll" (隧道費) 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" (隧道區) means the area-

(a) delineated and marked as such; and
(b) the location, extent and boundaries of which are indicated,

on the plan;
"utility" (公用設施) 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" (西區海底隧道) 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.

(3) Any power or function conferred on or assigned to the Governor in Council under this Ordinance may be
exercised or performed by the Governor where he is of the opinion that the situation in which the power is to be
exercised or the function performed is an emergency.

(4) A reference to arbitration under the Arbitration Ordinance (Cap 609) as mentioned in this Ordinance shall
be conducted in the manner in which a reference to arbitration is conducted under the project agreement. (Amended
17 of 2010 s. 112)

(Enacted 1993)




Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 3

Section: 3 Variation of plan 30/06/1997


(1) The Commissioner may, with the agreement of the Company, vary the boundaries of the tunnel area.
(2) Where any boundaries are varied under subsection (1), the Commissioner shall prepare a plan delineating

the tunnel area as so varied and indicating its location, extent and boundaries.
(3) The Commissioner shall-

(a) assign a number to such plan, sign and date it;
(b) deposit it in the Land Registry; and
(c) as soon as practicable thereafter, notify in the Gazette that it has been so deposited.

(4) Any plan deposited under subsection (3) shall supersede the plan deposited in the Land Registry
immediately before that under or by virtue of this Ordinance.

(Enacted 1993)

Part: II THE FRANCHISE 30/06/1997


(Enacted 1993)

Section: 4 The franchise 30/06/1997


Subject to this Ordinance, the Company shall have the franchise to-
(a) design, construct and complete the construction works;
(b) operate and maintain the Western Harbour Crossing from the operating date until the expiry of the

franchise period; and
(c) collect tolls for the use of the tunnel by the public, from the operating date until the expiry of the

franchise period,
in accordance with the project agreement.

(Enacted 1993)

Section: 5 Effect of franchise 30/06/1997


Section 4 shall be construed as conferring on the Company any wayleave or other right necessary for the
purposes of the franchise, but subject to the foregoing, this Ordinance or the granting of the franchise shall not be
construed as conferring on the Company any title, right or interest to the land on which the construction works are, or
are to be, constructed or the land comprised in the tunnel area.

(Enacted 1993)

Part: III ASSIGNMENTS, MORTGAGES, ETC. 30/06/1997


(Enacted 1993)

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 an agreement for such disposal except with the prior consent of the Governor in
Council and in accordance with the terms of such consent.

(2) The Governor in Council shall not withhold consent for any disposal described in subsection (1), where the
Governor in Council is satisfied that such disposal is necessary or desirable in order to give effect to any arrangements
entered into for the purpose of complying with a notice given under section 58(2) and that-

(a) the arrangements are adequate for that 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.
(3) Without affecting the generality of any power of the Governor in Council under subsection (1), the

Governor in Council may, under that subsection, consent to a disposal which will have the effect of transferring the
franchise from the person who was the Company immediately before such disposal, to another person.



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 4

(4) Where the Governor in Council has consented to any disposal under subsection (1), and such disposal has
had the effect described in subsection (3), the Secretary shall give notice in the Gazette of the date of such transfer and
the name of the person to whom the franchise was so transferred.

(Enacted 1993)

Section: 7 Mortgages and charges 30/06/1997


(1) The Company may provide security as regards the payment or repayment of any moneys owing by it under
any agreement or arrangement entered into for the purpose of obtaining moneys-

(a) to finance-
(i) the designing, carrying out or completion of the construction works;
(ii) any undertaking relating to any obligation imposed on the Company by or under this Ordinance

or the project agreement; or
(b) for such other purposes as the Financial Secretary may permit by prior notice in writing to the

Company,
by mortgaging or otherwise charging any right conferred on it under this Ordinance, or by a similar arrangement and
the consent of the Governor in Council shall not be required for any such mortgage, charge or arrangement.

(2) A mortgage or other charge referred to in subsection (1) in so far as it relates to a right conferred on the
Company shall not be enforced, whether by order of any court or otherwise, except with the prior consent of the
Governor in Council and in accordance with the terms or conditions of such consent.

(3) Without affecting the generality of any power of the Governor in Council under subsection (2), the
Governor in Council may, under that subsection, consent to an enforcement which will have the effect of transferring
the franchise from the person who was the Company immediately before such enforcement, to another person.

(4) Subsection (2) and section 6(1) shall not apply to any mortgage of, charge on or other arrangement relating
to, the right of the Company to receive the tolls under Part VIII or the whole or any part of the Company's revenue
from such tolls, and which secures any debt or obligation of the Company.

(5) Where the Governor in Council has consented to any enforcement under subsection (2), and such
enforcement has had the effect described in subsection (3), the Secretary shall give notice in the Gazette of the date of
such transfer and the name of the person to whom the franchise was so transferred.

(Enacted 1993)

Part: IV PROVISIONS RELATING TO THE COMPANY 30/06/1997


(Enacted 1993)

Section: 8 Directors 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), the

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 any other instrument, to appoint 2 directors to the
board of directors of the Company. (Amended 28 of 2012 ss. 912 & 920)

(Enacted 1993)

Section: 9 Powers of Financial Secretary 30/06/1997


(1) The Financial Secretary or any person authorized in writing by him may-
(a) for the purpose of ascertaining-

(i) the expenses and the financial arrangements relating to the carrying out of the construction
works, incurred or made before the operating date; or

(ii) the amount payable into the Fund under Part X; or
(b) in order to ascertain the net revenue for the purposes of Part X,

inspect at any reasonable time accounting records or any other record of the Company (including records maintained
by the Company in accordance with section 31) and make extracts from any such document or record or take away



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 5

any such document or record for further examination.
(2) In this section, "document" (文件) or "record" (紀錄) includes a book, voucher, receipt or data material, or

information which is recorded in a non-legible form but is capable of being reproduced in a legible form.
(Enacted 1993)


Section: 10 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 be deemed to be the
owner-

(a) during the period beginning on the start of construction and ending on the day immediately before the
operating date, of the construction works; and

(b) during the period beginning on the operating date and ending on the expiry of the franchise period or
on the cessation of the rights and obligations of the Company under section 60(1), whichever event
first occurs, of the Western Harbour Crossing.

(Amended E.R. 1 of 2012)
(Enacted 1993)


Part: V CONSTRUCTION OF THE WESTERN HARBOUR

CROSSING
30/06/1997



(Enacted 1993)

Section: 11 Construction works to be carried out at the expense of the

Company
30/06/1997



The Company shall, at its own expense, design, construct and complete the construction works in accordance
with this Ordinance and the project agreement.

(Enacted 1993)

Section: 12 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 for the commencement of the construction works or, in the absence of such agreement, as
the Director may determine for that purpose.

(2) The Director shall notify in the Gazette the date as agreed or determined under subsection (1).
(Enacted 1993)


Section: 13 Period within which works must be completed 30/06/1997


The Company shall complete the construction works within-
(a) 48 months beginning on the start of construction; or
(b) such extended period as may be allowed by the Director-

(i) on any ground specified for that purpose in the project agreement; and
(ii) in accordance with that agreement.

(Enacted 1993)

Section: 14 Determination of date of completion 30/06/1997


For the purposes of section 13, the Company shall be deemed to have completed the construction works on the
operating date.

(Enacted 1993)




Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 6

Section: 15 Buildings Ordinance not to apply 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 (2) the Buildings Ordinance (Cap 123) shall not apply in relation to the construction

works.
(2) 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, except to works which are civil engineering works.
(Amended L.N. 330 of 1999; L.N. 106 of 2002; L.N. 130 of 2007)

(Enacted 1993)

Part: VI CONTINUING OBLIGATIONS AND PROVISIONS IN

RESPECT OF THE WESTERN HARBOUR CROSSING:
REGULATIONS

30/06/1997



(Enacted 1993)

Section: 16 Defects 30/06/1997


(1) Where, during the period beginning on the operating date and ending on the expiry of the franchise period,
there is a defect in the Western Harbour Crossing, the Company shall remedy such defect to the satisfaction of the
Director as soon as practicable after it becomes apparent.

(2) The Director may, by notice in writing, require the Company to effect such works as he considers necessary
to remedy any defect referred to in subsection (1) and any damage to the Western Harbour Crossing arising from such
defect.

(3) This section shall not operate to impose any liability on the Company to-
(a) undertake or carry out under subsection (1) or (2) any work beyond what is reasonably required to

remedy the defect or damage concerned; or
(b) remedy any defect which does not, or is unlikely to, adversely affect the design life, operation, use or

safety of the Western Harbour Crossing.
(Enacted 1993)


Section: 17 Repair of Western Harbour Crossing 30/06/1997


(1) The Company shall, during the period beginning on the operating date and ending on the expiry of the
franchise period-

(a) maintain the Western Harbour Crossing; and
(b) keep it in a state of repair,

to the satisfaction of the Director.
(2) The Director may, by notice in writing, require the Company to effect such maintenance works, repairs and

alterations, to any structure or works comprised in the Western Harbour Crossing, as he considers necessary for the
proper repair and maintenance thereof and for the obviation of any fire or other hazards therein.

(Enacted 1993)

Section: 18 Provisions supplementary to sections 16 and 17 30/06/1997


(1) Section 15 and the project agreement shall apply, with such modifications as the circumstances of the case
may require or as the Director may determine, as regards any works effected under or pursuant to section 16 or 17, as
if such works were construction works.

(2) The standard which the Company may be required to comply with in effecting any remedial or maintenance
work under section 16 or 17, shall not substantially exceed the highest or, where appropriate, the higher of the
following-



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 7

(a) any standard required by-
(i) the project agreement; or
(ii) any relevant approval or exemption under the project agreement; or

(b) if it would be justifiable to apply such standard having regard to the age of the construction works at
the time the remedial or maintenance work is required to be carried out, any relevant standard
prevailing at the time the constructions works were first effected.

(3) If the Company fails to comply with any requirement of the Director under section 16 or 17 within a
reasonable time after the receipt of notice of the requirement, the Director may effect the works which he considers
necessary having regard to section 16(1) or 17(1) as the case may be.

(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 or may be required to carry out under section 16 or 17, he may require the
Company to effect the same as soon as reasonably practicable or, if he thinks fit, he may effect the same with or
without notice to the Company.

(5) Subject to subsection (6), the expense of any works carried out under section 16 or 17 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 as a debt due to the Government.

(6) Where a defect remedied under section 16 is a defect which is-
(a) a latent defect for the purposes of the project agreement; and
(b) in a part of the Western Harbour Crossing not comprised in the construction works,

the Government shall reimburse the Company in accordance with that agreement for the expenses reasonably incurred
by it in remedying the defect.

(Enacted 1993)

Section: 19 Utilities through the tunnel area 30/06/1997


(1) Notwithstanding anything to the contrary in any other Ordinance-
(a) the Company shall not install any utility within the tunnel area without the approval of the

Commissioner; and
(b) any other person shall not install any utility within the tunnel area without the consent of the Company.

(2) The Company shall not give consent for the purpose of subsection (1)(b) unless the Commissioner has
previously approved the giving of consent and the terms and conditions (other than a term or condition relating to
charges), if any, subject to which consent is to be given.

(3) The Commissioner shall not give his approval under subsection (1)(a) or (2) unless he is satisfied that the
safety of persons using or employed in the tunnel area or its vicinity, and the passage of motor vehicles through the
tunnel area, will not be adversely affected by such installation.

(4) The Company shall afford, to the owner or person having the control of any utility in the tunnel area,
reasonable access to such utility.

(Enacted 1993)

Section: 20 Director may enter tunnel area and works area 30/06/1997


(1) The Director may at any time enter any place where construction works are being carried out-
(a) to ascertain whether the construction works are unsafe or dangerous or liable to become so;
(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 works;
(d) to effect any works authorized under this Ordinance.

(2) Without affecting the generality of section 2(2), the Director may authorize any person whom he considers
fit to exercise his powers under subsection (1).

(3) The Company shall afford the Director or any person authorized under subsection (2) such access and
facilities as he may require for the purposes of subsection (1).

(Enacted 1993)




Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 8

Section: 21 Information to be supplied by the Company to the Director 30/06/1997


For the purpose of enabling the Director to ascertain whether any arrangements have been made or are proposed
to be made by the Company for the discharge of its obligations under Part V or this Part, the Company shall, if
required by the Director, supply to him as soon as reasonably practicable, such information as he may require as to
any matter relevant to such arrangements.

(Enacted 1993)

Section: 22 Power to make regulations 30/06/1997


(1) The Governor in Council may by regulation-
(a) require the provision by the Company of adequate, efficient, safe and continuous facilities for the

passage of motor vehicles through the tunnel area;
(b) provide for the safety of persons using or employed in the tunnel or tunnel area, and, without affecting

the generality of the foregoing, for the prevention of fire hazards or any concentration of carbon
monoxide or other dangerous gases;

(c) provide for lighting, including emergency lighting, and visibility in the tunnel area;
(d) provide for the regulation of the noise level generated by any ventilation plant associated with the

tunnel;
(e) provide for the powers of the personnel provided by the Company for the control, restriction and safety

of traffic in the tunnel area;
(f) provide for the circumstances under and extent to which police officers may take over the control and

restriction of traffic in the tunnel area;
(g) regulate the priority of vehicles passing through the tunnel area;
(h) provide for any records to be kept by the Company in addition to those specified in section 31;
(i) prescribe anything which under this Ordinance is to be or may be prescribed;
(j) provide for such other matters as may be necessary or expedient to carry out effectively the provisions

of this Ordinance.
(2) Regulations made under subsection (1) may provide that the provision of any facility or compliance with

any requirement under those regulations shall be to the satisfaction of such authority as may be specified in the
regulation in relation thereto.

(Enacted 1993)

Part: VII WESTERN HARBOUR CROSSING 30/06/1997


(Enacted 1993)

Section: 23 Operating date 30/06/1997


(1) The Western Harbour Crossing shall be opened for use by the public on a date determined by the
Commissioner in accordance with this section.

(2) Without prejudice to section 14, when, in the opinion of the Director, the construction works are
substantially completed, he shall issue a certificate to that effect to the Commissioner and the Company.

(3) The Commissioner shall take such steps as he considers appropriate to satisfy himself that the tunnel,
approach roads and associated works intended for use by the public are fit for such use and if so satisfied, as soon as
practicable after receipt of the certificate issued to him under subsection (2), determine a date which is the soonest
practical date, for the purposes of subsection (1).

(4) The Commissioner shall notify in the Gazette the date determined under subsection (3).
(Enacted 1993)


Section: 24 Company to provide tunnel facilities 30/06/1997


(1) Subject to this Ordinance, on and from the operating date and until the expiry of the franchise period, the
Company shall provide and operate adequate, efficient and safe facilities and provide adequate and efficient personnel,



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 9

to the satisfaction of the Commissioner, for the passage of motor vehicles through the tunnel and the control and
safety of motor vehicles and persons in the tunnel area.

(2) The provision and operation of such facilities and the provision of such personnel shall be at the expense of
the Company.

(Enacted 1993)

Section: 25 Right to use of tunnel facilities 30/06/1997


(1) Subject to this Ordinance, the tunnel shall be made available for use for the passage of motor vehicles upon
payment of the tolls.

(2) The Company shall not without reasonable grounds prevent or refuse the use of the tunnel for the purpose
described in subsection (1).

(Enacted 1993)

Section: 26 Application of other laws 30/06/1997


(1) Save to the extent of any inconsistency with any regulations made under section 22 or bylaws made under
section 32, 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 1993)


Section: 27 Operation of tunnel area by Government L.N. 38 of 2011 01/06/2011


(1) The Governor in Council may, if 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
facilities 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 regarded
as part of the franchise period in computing the franchise period.

(4) Without affecting the generality of subsection (1), the Government may, in operating the tunnel pursuant to
an order under that subsection, close the tunnel or any part of it.

(Enacted 1993)

Section: 28 Closure of tunnel 30/06/1997


(1) The Company shall not close the Western Harbour Crossing or any part thereof to the public-
(a) unless-

(i) required by the Director for the reason that it reasonably appears to him; or
(ii) it appears to the Company,
that such closure is necessary to enable any works to be carried out pursuant to any obligation imposed
under this Ordinance; or

(b) unless-
(i) required by the Commissioner, for the reason that it reasonably appears to him; or
(ii) it appears to the Company,
that such closure is necessary due to an emergency or an accident or for the safety of persons using or
employed in the tunnel area or for routine maintenance or cleaning.

(2) Before closing the Western Harbour Crossing or any part thereof under subsection (1)(a) or (b)(ii), the
Company shall, except in the case of a closure due to an emergency or an accident, notify the Commissioner of the
intended closure and the relevant particulars, including the period for (with dates and times) and the extent to which it



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 10

is intended to be closed.
(3) Where the Company effects a closure due to an emergency or an accident the Company shall make a report

to the Commissioner regarding such closure as soon as practicable after such closure.
(4) Before opening the Western Harbour Crossing or any part thereof after a closure, the Company shall notify

the Commissioner in writing of the date on and time at which it is intended to be opened, and in the case of a closure
under subsection (1)(a)(i), in addition, obtain the consent of the Director for the reopening.

(5) Where the Company effects a closure under this section, or where it opens the Western Harbour Crossing or
any part thereof after a closure, the Company shall inform the Commissioner, as soon as practicable, in the event of
any change relating to the particulars supplied under subsection (2) or (4).

(6) Notwithstanding anything in this section, the Commissioner may, in consultation with the Company,
determine the circumstances (which may include closure for the purpose of routine maintenance or on account of an
accident and reopening after such closure) in which any requirement of notification or reporting in this section may be
dispensed with and any such requirement shall not apply in respect of a closure or reopening after a closure in
circumstances so determined for the time being.

(Enacted 1993)

Section: 29 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, including conditions, if any, relating to charges, as
it may determine.

(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 or its vicinity, and the passage of vehicles through the tunnel, will not be
adversely affected by such advertising.

(Enacted 1993)

Section: 30 Commissioner may enter tunnel 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 operating date to ascertain whether the Company is-

(a) providing adequate, safe and efficient facilities for the passage of motor vehicles and the occupants of
such vehicles through the tunnel and the control and safety of traffic in the tunnel area; or

(b) complying with the provisions of this Ordinance.
(2) The Company shall afford the Commissioner such access and facilities as he may require for the purposes

of subsection (1).
(3) In subsection (1)(b), "Ordinance" (條例) does not include Part VI.

(Enacted 1993)

Section: 31 Records and information 30/06/1997


(1) The Company shall maintain the following records relating to the tunnel area and operation of the Western
Harbour Crossing-

(a) an up-to-date set of drawings of the construction works, which shall show alterations (including
additions), if any, made to the construction works;

(b) the times at or periods 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 issued, if any;
(e) without affecting the generality of paragraph (d), particulars relating to payment of tolls as described in

section 32(1)(i);
(f) all accidents and stoppages to traffic in the tunnel area; and
(g) particulars relating to the employment of personnel in connection with the operation of the tunnel,



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 11

including the nature of such employment, the places and the times at which the personnel are so
employed.

(2) The Commissioner may inspect, examine or make copies of any such record or supporting accounts kept by
the Company, and the Company shall afford such facilities for inspection, examination or copying as may be required
by the Commissioner.

(3) For the purpose of enabling the Commissioner to ascertain whether any arrangements have been, or are to
be made by the Company for the discharge of its obligations under this Part, Part IV or VIII or any regulations under
section 22, the Company shall, at the request of the Commissioner, as soon as reasonably practicable, furnish him with
information relevant to such discharge, including information relating to the organization of the Company, as he may
require.

(Enacted 1993)

Section: 32 Power to make bylaws L.N. 362 of 1997 01/07/1997


(1) The Company may by bylaw provide for-
(a) order and safety, and the prevention or abatement of nuisances in the tunnel area;
(b) precautions as regards public health or safety in the tunnel area;
(c) the control, restriction and safety of traffic in the tunnel area;
(d) the regulation of the speed of traffic using the tunnel area;
(e) the regulation of vehicles which may use the tunnel area, including the types, dimensions, condition

and loading of such vehicles and classes or descriptions of vehicles that are prohibited from using the
tunnel area;

(f) the prohibition or regulation otherwise of the use by vehicles in the tunnel area of lights, horns, sirens
and other equipment;

(g) the prohibition or regulation otherwise of the carriage into or through the tunnel area of any offensive,
noxious or dangerous goods;

(h) the collection of tolls in respect of the use of the tunnel and the purchase, issue and collection of toll
tickets in respect of such use;

(i) without affecting the generality of paragraph (h)-
(i) the installation of any automatic toll collection system approved by the Commissioner, and the

features, operation and control of any such system;
(ii) the payment of tolls by electronic means or devices, including electronic toll passes and the

issue, withdrawal, cancellation, surrender or replacement of such passes or other devices and the
regulation of their use (including the prohibition of interference with, damage to, defacement of
or alteration of such passes or other devices); or

(iii) the establishment, cancellation or management of financial accounts in relation to payment of
tolls as described in subparagraph (ii), the charging of a fee in respect thereof, and the refund of
or evidence of any balance in or amount to the credit of such accounts;

(j) 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;

(k) the protection of any property owned or controlled by the Company from damage or injury;
(l) 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;
(m) any other conditions subject to which the tunnel area may be used by the public for the passage of

motor vehicles; and
(n) 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 bylaw made under subsection (1) provides for the issue of a permit for any purpose, the bylaw may

prescribe a fee to be paid in respect of such permit.
(3) Bylaws made under this section shall be subject to the approval of the Legislative Council.
(4) Bylaws made under this section may provide that a contravention of any specified provision thereof shall be

an offence and may provide penalties therefor not exceeding a fine of $5000.
(5) The Company shall cause printed copies of bylaws made and approved under this section to be kept at the

registered office of the Company and to be available for sale to any person at a reasonable charge.



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 12

(6) The Legislative Council may by resolution amend the amount specified in subsection (4).
(7) Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the

Secretary for Justice in relation to the prosecution of criminal offences, prosecutions under any bylaw made under this
section may be brought in the name of the Company. (Amended L.N. 362 of 1997)

(Enacted 1993)

Part: VIII COLLECTION OF TOLLS 30/06/1997


(Enacted 1993)

Section: 33 Company to charge approved tolls for use of tunnel 30/06/1997


Subject to this Ordinance, the Company may, from the operating date until the expiry of the franchise period,
demand and collect in respect of the passage of motor vehicles through the tunnel, the tolls specified in Schedule 1.

(Enacted 1993)

Section: 34 Description of motor vehicles 30/06/1997


The description of motor vehicles mentioned in Schedules 1, 2 and 3 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 1993)

Section: 35 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 a list of the tolls chargeable by the Company at any given time
to be kept at the registered office of the Company and to be available for sale to any person at a reasonable charge.

(Enacted 1993)

Section: 36 Company may not charge tolls greater than those as fixed

or varied
30/06/1997



The Company shall not charge in respect of a motor vehicle a toll greater than the toll which is appropriate
having regard to Schedule 1.

(Enacted 1993)

Part: IX WESTERN HARBOUR CROSSING TOLL STABILITY

FUND
30/06/1997



(Enacted 1993)

Section: 37 Western Harbour Crossing Toll Stability Fund 30/06/1997


(1) There is hereby established a fund to be known as the Western Harbour Crossing Toll Stability Fund.
(2) The Fund shall consist of-

(a) moneys paid into the Fund under section 44;
(b) any other moneys paid by the Company into the Fund in accordance with the project agreement;
(c) interest or other income derived from the moneys of the Fund.

(3) The Committee-
(a) shall-

(i) administer the Fund; and
(ii) apply the moneys of the Fund,
in accordance with this Part and section 49; and



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 13

(b) may pay from the moneys of the Fund the cost of administering the Fund.
(4) Where at any time the Financial Secretary is of the opinion that the moneys in the Fund are in excess of the

moneys that are required for the purposes of section 49, he may require the Committee to pay an amount, being an
amount which he considers to be so in excess and specified by him, into the general revenue.

(5) The Committee shall comply with any requirement made under subsection (4).
(Enacted 1993)


Section: 38 Western Harbour Crossing Toll Stability Fund

Management Committee
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) There is hereby established a body to be known as the Western Harbour Crossing Toll Stability Fund

Management Committee, which-
(a) shall be a body corporate;
(b) may in that name sue and be sued; and
(c) shall have a common seal the affixing of which shall be authenticated by the Chairman or a member

referred to in subsection (2)(b) or (c) as may be authorized by the Chairman for the purpose.
(2) The Committee shall consist of-

(a) the Secretary for Financial Services and the Treasury who shall be the Chairman of the Committee (in
this Part referred to as the "Chairman"); (Amended L.N. 106 of 2002)

(b) the Secretary for Transport and Housing; and (Amended L.N. 106 of 2002; L.N. 130 of 2007)
(c) the Director of Accounting Services.

(3) At any meeting of the Committee-
(a) a majority of the persons constituting the Committee shall form a quorum;
(b) all questions arising for determination shall be decided by a majority of the votes of those persons

present and voting; and
(c) in the event of an equality of votes, the Chairman shall have a casting vote.

(4) The moneys constituting the Fund shall be deposited by the Committee with the Director of the Exchange
Fund or in a separate interest bearing bank account opened and maintained by the Committee in any authorized
institution within the meaning of section 2 of the Banking Ordinance (Cap 155). (Amended 49 of 1995 s. 53)

(5) Subject to this section, the Committee may determine its own procedure.
(Enacted 1993)


Section: 39 Advisers and consultants 30/06/1997


(1) The Committee may engage such advisers or consultants as it considers necessary or expedient for any
purpose connected with or arising from the administration of the Fund.

(2) Any fees due to a person engaged under subsection (1) may be paid by the Committee out of the moneys of
the Fund.

(Enacted 1993)

Section: 40 Accounts 30/06/1997


(1) The Committee shall keep proper accounts and records of its financial transactions and shall as soon as
practicable after the expiry of a financial year prepare a statement of accounts which shall include an income and
expenditure account and a balance sheet and shall be signed by the Chairman.

(2) A statement of accounts referred to in subsection (1) shall be audited by an auditor appointed by the
Committee, who may prepare a report on that statement and shall certify the statement subject to such report, if any.

(3) The Committee shall cause a copy of the audited statement of accounts, together with the report of the
auditor, if any, and a report by the Committee on the administration of the Fund during the period to which the
statement relates, to be laid on the table of the Legislative Council not later than 31 December next following the end
of the financial year or such later date as the Governor may allow in respect of any particular financial year.



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 14

(4) In this section "financial year" (財政年度) has the meaning assigned to "year" by section 42.
(Enacted 1993)


Section: 41 Cessation of Committee 30/06/1997


(1) On the cessation of the rights and obligations of the Company under section 60(1)-
(a) the Committee shall cease to exist as a body corporate and the Fund shall cease to exist, except to the

extent of giving effect to paragraph (b); and
(b) the moneys constituting the Fund as at the date of such cessation shall be paid into the general revenue.

(2) Upon the Committee and the Fund ceasing to exist under subsection (1), the provisions of this Part and of
Part X relating to the Committee or the Fund shall cease to have effect.

(3) Nothing in subsection (1) or (2) shall operate to affect anything done or any right, obligation or liability
acquired, accrued or incurred before such cessation or the institution, or continuance enforcement of any legal
proceeding, arbitration or remedy in respect of such right, obligation or liability.

(Enacted 1993)

Part: X ACCOUNTS AND TOLL INCREASES 30/06/1997


(Enacted 1993)

Section: 42 Definitions 30/06/1997


In this Part, unless the context otherwise requires-
"anticipated toll increase" (預期隧道費加費) is a toll increase which the Company expects to be eligible to give

effect to pursuant to section 45(1);
"maximum estimated net revenue" (最高估計淨收入) in relation to any year means the amount specified in column

4 of Schedule 5 as the maximum estimated net revenue as regards that year;
"minimum estimated net revenue" (最低估計淨收入) in relation to any year means the amount specified in column

2 of Schedule 5 as the minimum estimated net revenue as regards that year;
"net revenue" (淨收入) in relation to any year means the amount ascertained as the net revenue of the Company for

that year in accordance with the principles specified in the project agreement for the computation of net revenue;
"specified date" (指明日期) in relation to an anticipated toll increase means a date specified in Schedule 4;
"upper estimated net revenue" (較高估計淨收入) in relation to any year means the amount specified in column 3 of

Schedule 5 as the upper estimated net revenue as regards that year;
"year" (年度) means-

(a) if the operating date is-
(i) 1 August; or
(ii) 30 September; or
(iii) a date between 1 August and 30 September,
in 1997 or any subsequent calendar year, the period beginning on such operating date and ending on 31
July and each period of 12 months beginning on 1 August thereafter; or

(b) if the operating date is-
(i) before 1 August; or
(ii) after 30 September,
in 1997 or any subsequent calendar year, the period of 12 months beginning on 1 August next
following such operating date and each period of 12 months beginning on 1 August thereafter.

(Enacted 1993)

Section: 43 Submission of statement of net revenue 30/06/1997


(1) Not later than 30 days after the end of each year or such longer period as the Secretary may, in his absolute
discretion, allow in a particular case, the Company shall submit to the Secretary a statement of its net revenue for that
year audited by an auditor appointed by the Company.



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 15

(2) Not later than-
(a) 90 days after the end of each year; or
(b) 60 days after the receipt of the statement of net revenue under subsection (1),

whichever is later, the Secretary shall inform the Company whether or not he is satisfied with that statement of net
revenue.

(3) The Secretary shall make a decision in respect of the statement of net revenue for the purposes of
subsection (2) in accordance with the relevant provisions in the project agreement.

(4) The Secretary may, after the receipt of the statement of net revenue, require from the Company further
information relating to the statement and the Company shall comply with any such requirement as soon as practicable.

(5) If the Secretary informs the Company under subsection (2) that he is not satisfied with the statement of net
revenue and an agreement cannot be reached by negotiation between the Secretary and the Company in accordance
with the terms of the project agreement, the matter shall be referred for resolution to an independent expert appointed
for the purpose in accordance with that agreement, and the decision of such expert shall be final as regards any matter
relating to the statement of net revenue.

(Enacted 1993)

Section: 44 Payments into the Fund 30/06/1997


(1) Where in respect of any year the net revenue of the Company-
(a) exceeds the upper estimated net revenue but does not exceed the maximum estimated net revenue, the

Company shall pay into the Fund 50% of the amount in excess of the upper estimated net revenue; or
(b) exceeds the maximum estimated net revenue, the Company shall pay into the Fund the amount in

excess of the maximum estimated net revenue and an amount equal to 50% of the difference between
the upper estimated net revenue and the maximum estimated net revenue.

(2) Any payment due under subsection (1) shall be made not later than 31 December next following the end of
the year to which the payment relates or such later date as may be appropriate having regard to the project agreement.

(Enacted 1993)

Section: 45 Giving effect to anticipated toll increases 30/06/1997


(1) The Company may, during the franchise period and in accordance with this section and the project
agreement, depending on its net revenue in a particular year, and subject to this Part, give effect to a toll increase on
each specified date.

(2) Where in respect of a year ending immediately before a specified date, the net revenue of the Company is
less than the upper estimated net revenue, the Company may apply in writing to the Secretary to increase the tolls by
the amount of the appropriate anticipated toll increase.

(3) Any application under subsection (2) shall be made at the same time the statement of net revenue in respect
of the relevant year is submitted under section 43(1).

(4) Where an application is made under this section the Secretary shall, subject to subsection (5), inform the
Company, not later than 21 days before the day on which a toll increase, if given effect to, may take place either-

(a) that it may give effect to the appropriate toll increase; or
(b) that a payment shall be made under section 49 to the Company from the Fund.

(5) Where the Secretary is not satisfied with the statement of net revenue submitted in respect of a year as
regards which an application under this section is made-

(a) if the amount of the net revenue in dispute does not affect the eligibility of the Company to give effect
to a toll increase under this Part, subsection (4) shall apply; and

(b) in any other case, if pursuant to negotiation or reference to an independent expert as described in
section 43(5), it is agreed that the net revenue is such or the decision of the expert as regards the net
revenue is such, as to render the Company eligible for a toll increase under this Part, the Secretary
shall inform the Company not later than 21 days before the date on which the toll increase may be
given effect to, that the Company may give effect to a toll increase or that a payment shall be made
under section 49 to the Company from the Fund.

(6) For the purposes of subsection (5)(b), the date on which a toll increase may be given effect to is the date on
which under the terms of the project agreement, a toll increase, if any, may be given effect to after-

(a) an agreement is reached as regards a statement of net revenue by negotiation between the Secretary



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 16

and the Company; or
(b) a determination is made by an expert as regards such a statement,

as may be appropriate.
(Enacted 1993)


Section: 46 Advancement of toll increases 30/06/1997


(1) Where in respect of any year the net revenue of the Company is less than the minimum estimated net
revenue for that year, and that year is not a year ending immediately before a specified date, the Company may apply
to the Secretary to give effect to the next anticipated toll increase.

(2) Section 45(3), (4) and (5) shall apply in relation to an application under subsection (1).
(3) The date on which a toll increase under subsection (1) can be given effect to is 1 January next following the

year in respect of which the Company makes the application under subsection (1).
(Enacted 1993)


Section: 47 Deferment of toll increases 30/06/1997


(1) Where in any year ending immediately before a specified date, the net revenue of the Company is equal to
or exceeds the upper estimated net revenue for that year, any anticipated toll increase which could have been given
effect to on such specified date if not for this subsection shall be deferred to 1 January next following the specified
date.

(2) Where a toll increase is deferred under subsection (1) and the net revenue of the Company for the year
ending immediately before the date to which it is deferred is-

(a) less than the upper estimated net revenue for that year, the Company may give effect to the toll
increase on the date it is deferred to under subsection (1); or

(b) equal to or exceeds the upper estimated net revenue for that year, the deferred toll increase shall be
further deferred to 1 January next following the date on which it could have been given effect to if not
for this paragraph.

(3) Where a toll increase is further deferred under subsection (2)(b) or still further deferred under this
subsection, and the net revenue of the year ending immediately before the date to which it is deferred is-

(a) less than the upper estimated net revenue for that year, the Company may give effect to the toll
increase on that date; or

(b) equal to or exceeds the upper estimated net revenue for that year, the toll increase shall be still further
deferred to 1 January next following the date on which it could have been given effect to if not for this
paragraph.

(4) Any entitlement of the Company to give effect to a toll increase deferred under this section is subject to the
provisions of section 49.

(5) Where the Company may give effect, under this section or section 49, to a toll increase deferred under this
section or section 49, as the case may be, on a specified date on which the Company may, if not for this subsection,
also give effect to the relevant anticipated toll increase, the anticipated toll increase shall be deferred to 1 January next
following and subsections (2), (3) and (4) shall apply in respect of such deferred anticipated toll increase.

(Enacted 1993)

Section: 48 Creation of additional toll increases 30/06/1997


(1) Where the Company has given effect to all the anticipated toll increases referred to in section 45(1) and the
net revenue of the Company in respect of any year before the expiry of the franchise period is less than the minimum
estimated net revenue for that year, the Company may apply to the Secretary to give effect to an additional toll
increase of an amount which is appropriate having regard to section 50.

(2) Sections 45(3) and (4) shall apply in relation to an application under subsection (1).
(3) The date on which a toll increase applied for under subsection (1), if permitted, may be given effect to is 1

January next following the year in respect of which the application is made.
(Enacted 1993)





Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 17

Section: 49 Payments from the Fund 30/06/1997


(1) The Committee may in respect of any year ending immediately before-
(a) a specified date; or
(b) a date to which a toll increase is deferred ("deferred date") or further deferred ("further deferred date")

under section 47,
pay to the Company from the Fund an amount equal to the difference between the net revenue and the upper estimated
net revenue for the year concerned.

(2) A payment, if any, under-
(a) subsection (1)(a) shall be made not later than the relevant specified date; and
(b) subsection (1)(b) shall be made not later than the deferred date or further deferred date as the case may

be,
or such later date as may be appropriate having regard to the terms of the project agreement.

(3) Where a payment is made under subsection (1), the Company shall not give effect to the toll increase which
it could have otherwise given effect to and the toll increase shall be deferred to 1 January next following the date on
which it could have been given effect to if not for this subsection.

(4) Where a toll increase is deferred under subsection (3) or (5) and the net revenue of the Company for the
year ending immediately before the date to which it is deferred is-

(a) less than the upper estimated net revenue for that year, the Company may give effect to a toll increase;
or

(b) equal to or exceeds the upper estimated net revenue for that year, the toll increase shall be deferred to 1
January next following the date on which it could have been given effect to if not for this paragraph.

(5) Where the Company may give effect to a toll increase under subsection (4)(a) in respect of any year, the
Committee may pay to the Company the difference between the net revenue and the upper estimated net revenue for
that year and the toll increase which it could have given effect to if not for this subsection shall be deferred to 1
January next following.

(6) The Committee may, in respect of any year-
(a) which is not a year ending immediately before-

(i) a specified date; or
(ii) a date on which a toll increase deferred or further deferred under section 47 or this section may

be given effect to; and
(b) in which the net revenue of the Company is less than the minimum estimated net revenue,

pay to the Company from the Fund, an amount equal to the difference between the net revenue and the minimum
estimated net revenue for that year.

(7) Where a payment is made under subsection (6), the Company shall not, in respect of that year, advance a
toll increase or where applicable give effect to an additional toll increase under section 48.

(8) Any payment under subsection (6) shall be made not later than the date on which the toll increase could
have been given effect to if not for that subsection or such later date as may be appropriate having regard to the project
agreement.

(9) Where the Company wishes to give effect to a toll increase to which it may give effect to under section 47
or subsection (4)(a), it shall apply in writing to the Secretary to increase the tolls by the amount of the appropriate toll
increase.

(10) Section 45(3), (4) and (5) shall apply in relation to an application under subsection (9).
(Enacted 1993)


Section: 50 Amount of the toll increase 30/06/1997


(1) Where the franchise period is the period referred to in-
(a) paragraph (a) of the definition of "franchise period", the amount of the toll increase to which the

Company may give effect to under this Part as regards a vehicle described in-
(i) column 2 of Schedule 2, from the operating date up to 31 December 2010, shall be the amount

specified in column 3 of that Schedule; and
(ii) column 2 of Schedule 3, on or after 1 January 2011 and up to the expiry of the franchise period

as so defined, shall be the amount specified in column 3 of that Schedule,
opposite the description of such motor vehicle; and



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 18

(b) paragraph (b) of that definition, the amount of the toll increase to which the Company may give effect
to under this Part as regards a vehicle described in-
(i) column 2 of Schedule 2, during the period of 13 years beginning on the operating date, shall be

the amount specified in column 3 of that Schedule; and
(ii) column 2 of Schedule 3, during the period beginning on the expiry of the period referred to in

subparagraph (i) and ending on the expiry of the franchise period as so defined, shall be the
amount specified in column 3 of that Schedule,

opposite the description of such motor vehicle.
(2) Any reference to an "appropriate anticipated toll increase" or "appropriate toll increase" in this Part shall be

construed having regard to subsection (1).
(3) For the avoidance of doubt it is declared that where a toll increase-

(a) is deferred or further deferred under this Part;
(b) is an increase which could have been given effect to during the period referred to in subsection

(1)(a)(i) or (b)(i) if not for such deferment; and
(c) is given effect to during the period referred to in subsection (1)(a)(ii) or (b)(ii) as a result of such

deferment,
the appropriate toll increase shall be the relevant amount specified in Schedule 3.

(Enacted 1993)

Section: 51 Procedure for toll increase 30/06/1997


(1) Where the Company may give effect to a toll increase pursuant to this Part, the Company may, subject to
subsection (2), with effect from-

(a) the specified date; or
(b) the date referred to in section 46(3) or 48(3); or
(c) the date on which a deferred or further deferred toll increase may be given effect to pursuant to section

47 or 49; or
(d) the appropriate date having regard to section 45(6) or subsection (4),

as may be applicable in the particular case-
(i) increase each toll by an amount not exceeding the appropriate anticipated toll increase; or
(ii) not increase any toll; or
(iii) increase the toll in respect of vehicles of certain categories by an amount not exceeding the appropriate

anticipated toll increase.
(2) The Company may defer the coming into effect of a toll increase to which it may give effect to under this

Part to such date as may be agreed between the Company and the Secretary.
(3) Where the Company elects not to increase any toll or to increase any toll by an amount less than the

appropriate anticipated toll increase, it shall notify the Secretary and thereupon shall be deemed to have forfeited any
right as regards giving effect to the relevant toll increase, or the amount of such toll increase to which it has not given
effect, as the case may be.

(4) Notwithstanding anything to the contrary in-
(a) section 46(3); or
(b) section 47 or 49; or
(c) section 48(3),

as regards the date on which a toll increase which has been advanced, deferred or further deferred or which is an
additional toll increase, as the case may be, may be given effect to, where the Secretary is not satisfied with the
statement of net revenue for the relevant year, and the amount of the net revenue in dispute affects the eligibility of the
Company to give effect to a toll increase, the date on which the toll increase may be given effect to shall be
determined as specified in section 45(6).

(Enacted 1993)

Section: 52 Amendment of Schedule 1 30/06/1997


(1) Where a toll is increased in accordance with this Part and the project agreement, the Commissioner shall by
notice published in the Gazette amend Schedule 1, with effect from the date on which the increase comes into effect,
to vary the relevant toll.



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 19

(2) For the avoidance of doubt it is declared that the Company shall not give effect to more than 1 increase in
the tolls in 1 year.

(3) Section 34 of the Interpretation and General Clauses Ordinance (Cap 1) shall not apply in respect of a
notice under subsection (1).

(Enacted 1993)

Part: XI TRAFFIC OFFENCES: SUPPLEMENTARY

PROVISIONS
30/06/1997



(Enacted 1993)

Section: 53 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 under any bylaw made under section 32 in the tunnel area, any
person, whom a tunnel officer has reason to believe is able to give information relevant to the matter (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 such tunnel officer
in the manner specified 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.

(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 such statement.
(5) Any person who contravenes subsection (1) commits 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 1993)

Section: 53A 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 53 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 53 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.



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 20

(Added 29 of 1999 s. 2)

Section: 54 Proof in summary proceedings of identity of driver 29 of 1999 01/09/1999


(1) 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 53(2); and
(c) states that the accused person was the driver of the vehicle at the time of the alleged 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.

(2) (Repealed 29 of 1999 s. 2)
(Enacted 1993)


Section: 54A 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.

(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: 54B 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



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 21

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: 55 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 evidence as regards the tunnel area.

(2) Any such copy purporting to be certified by the Commissioner shall be deemed, unless there is evidence to
the contrary, to have been certified by him.

(Enacted 1993)

Section: 56 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" (擁有人) 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.
(2) The powers conferred on a tunnel officer by section 53, 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 1993)


Part: XII DEFAULT AND EXPIRY OF THE FRANCHISE 30/06/1997


(Enacted 1993)

Section: 57 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 referred to in section 13(a) or extended period referred to in section 13(b), as the case may
be;

(b) there has been a substantial failure by it to discharge a material obligation under the project agreement;
(c) it has failed or there is a substantial likelihood of its failing to maintain or operate the Western Harbour

Crossing in accordance with this Ordinance;
(d) the Guarantors having been called upon under the guarantee agreement fail to respond to such call

within a reasonable period;
(e) any Guarantor is in material breach of any provision of the guarantee agreement and such breach has

not been rectified by any other Guarantor or is incapable of being rectified; or
(f) (Repealed 76 of 1996 s. 95)

and the expression "default" shall be construed accordingly.
(Enacted 1993)


Section: 58 Defaults capable of remedy 30/06/1997


(1) This section shall apply in the case of any default which appears to the Secretary to be capable of being



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 22

remedied.
(2) In the case of any default to which this section applies, the Secretary shall serve-

(a) in the case of a default arising before the discharge date, on-
(i) the Company;
(ii) the Guarantors; and
(iii) any agent appointed under subsection (3); and

(b) in the case of a default arising on or after the discharge date, on-
(i) the Company; and
(ii) any agent appointed under subsection (3),

a notice calling upon the Company, within such period (being not less than 28 days) as specified in the notice or such
further period as the Secretary may allow, being a period 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 appoint
an agent in Hong Kong for the purposes of subsection (2), and notify the Secretary of the name of that agent and
address in Hong Kong for service on that agent.

(4) In this section "financier" (出資人) 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 purpose of enabling the Company to
discharge its obligations under this Ordinance or the project agreement but shall not include a Guarantor or a
shareholder of the Company.

(5) The arrangements referred to in subsection (2) may, without affecting 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 1993)

Section: 59 Revocation of the franchise 30/06/1997


(1) Where-
(a) the Secretary reports to the Governor in Council that the Company has failed to comply with a notice

served under section 58(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) in the case of a default arising before the discharge date, be served on the persons specified in section
58(2)(a); and

(b) in the case of a default arising on or after the discharge date, be served on the persons specified in
section 58(2)(b),

and shall specify whether it is served for the purposes of subsection (1)(a) or for the purposes of subsection (1)(b).
(3) A notice served under subsection (2)-

(a) for the purposes of subsection (1)(a), shall give particulars of the notice referred to in that subsection
and brief particulars of the report of the Secretary;

(b) for the purposes of subsection (1)(b), shall specify the nature of the default,
and shall require the Company to show cause, in writing and within 28 days beginning on the date of service, as to
why the Governor in Council should not exercise his powers under subsection (5).

(4) Where a notice is served under subsection (2), any person on whom it is served or any other person who is a
shareholder of the Company or a financier within the meaning of section 58, may, within the period specified in
subsection (3) or such further period as the Governor in Council may allow, by representations made to the Governor
in Council, show cause as to why the Governor in Council should not exercise his powers under subsection (5).

(5) Where, after considering any representations made under subsection (4) and, where applicable, any matter
referred to in subsection (6), the Governor in Council is of the opinion that sufficient cause has not been shown as to
why he should not exercise his powers under this subsection, he may, by order-

(a) if it appears to him that a notice should have been served under section 58 and was not served, or the
terms of any notice served were unreasonable, unless it appears to him that the default is no longer
capable of being remedied, direct the Secretary to serve a notice or, as the case may be, a further
notice, under that section, in such terms as may be determined by the Governor in Council; or

(b) in any other case, but subject to subsection (9), revoke the franchise, if it is just and reasonable to do
so.



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 23

(6) Where the notice under subsection (2) is served as regards a default referred to in section 57(a) or (b), in
exercising his powers under subsection (5), the Governor in Council shall take into consideration the extent to which
the construction works have been carried out and whether any failure or likelihood of failure to complete the
construction works within the period referred to in section 13(a) or extended period referred to in section 13(b), as the
case may be, was or is occasioned by circumstances beyond the control of the Company (the want of sufficient funds
or inclement weather not being regarded as a circumstance beyond its control for the purposes of this subsection).

(7) Where the Governor in Council exercises his powers under subsection (5)(b) he may order that a franchise
for the purposes of section 4 shall be granted to such other person (being a person willing and able to accept such
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.

(8) An order made under-
(a) subsection (5)(a) shall be sent to the Secretary and a copy thereof shall be attached to the Secretary's

notice under section 58(2);
(b) subsection (5)(b) shall be served-

(i) if the default takes place before the discharge date, on the Company and the Guarantors; or
(ii) in any other case, on the Company,

and shall, as soon as practicable thereafter, be published in the Gazette.
(9) Where the proceedings described in this section relate to a matter in respect of which a notice referred to in

section 66(1) has been given, the Governor in Council shall not make an order under subsection (5)(b) until the
determination or, where appropriate, abandonment of the proceedings in respect of which such notice has been given.

(Enacted 1993)

Section: 60 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, except to the extent necessary to give
effect to sections 61 and 62, cease on-

(a) the commencement of the voluntary winding up of the Company;
(b) the making of a winding-up order in respect of the Company;
(c) the revocation of the franchise under section 59(5)(b); or
(d) the expiry of the franchise period,

whichever event first occurs.
(2) On the cessation of the rights and obligations of the Company under this section the assets of the Company

to which this Part applies pursuant to section 64 shall vest in the Government.
(Enacted 1993)


Section: 61 Liability of the Company and amount payable by the

Government on the vesting in the Government of its assets
L.N. 38 of 2011 01/06/2011



(1) On the cessation of the rights and obligations of the Company under section 60(1), the Company shall be
liable, in addition to any other payment due to the Government, to pay-

(a) all sums payable to the Government under the project agreement; and
(b) any expenses which may be reasonably incurred by the Government-

(i) in bringing any land or incomplete construction works to a satisfactory condition in order to
enable the construction works either to be maintained in a state in which they can be continued or
abandoned as the Director may determine, including any costs of land restoration; or

(ii) in bringing the construction works to a safe condition.
(2) Subject to subsection (4) and section 62, on the cessation of the rights and obligations of the Company

under section 60(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 60(2), such amount as may be agreed between the Government and the
Company, in accordance with the project agreement, as representing the reduced value of such assets 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



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 24

reduced 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 revocation of the franchise under this Part.
(4) No amount shall be payable to the Company under subsection (2) on the cessation of the rights and

obligations of the Company under-
(a) section 60(1)(a) or (b), where the commencement of the voluntary winding up or the making of the

winding-up order, as the case may be, takes place before the operating date; or
(b) section 60(1)(c), where the revocation was on the ground that the Company had failed or appeared

likely to fail to complete the construction works within the period referred to in section 13(a) or
extended period referred to in section 13(b), as the case may be.

(Enacted 1993)

Section: 62 Reimbursement of Company upon expiry of franchise

period
30/06/1997



No compensation shall be payable by the Government to the Company upon the expiry of the franchise period,
save that the Government shall pay to the Company the reduced value of any machinery, equipment or plant forming
part of the assets purchased by the Company with the agreement of the Financial Secretary within the 5 years
immediately preceding the expiry of the franchise period and owned by the Company on such expiry.

(Enacted 1993)

Section: 63 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 1993)

Section: 64 Meaning of "assets" 30/06/1997


In this Part, "assets" (資產) means the structure of the tunnel and all buildings, machinery, equipment and plant
which are ancillary to the construction, operation and maintenance of the Western Harbour Crossing or which form
part of it.

(Enacted 1993)

Section: 65 References to "Company" 30/06/1997


Notwithstanding anything in paragraph (b)(ii) of the definition of "Company" in section 2(1), where the rights
and obligations of a franchise holder are determined under section 60 pursuant to a revocation of the franchise under
section 59(5)(b), the references to "Company" in sections 61(2), 62 and 63 shall be construed as references to the
person who was the franchise holder immediately before such revocation.

(Enacted 1993)

Part: XIII SUPPLEMENTARY 30/06/1997


(Enacted 1993)

Section: 66 Directions by the Governor 30/06/1997


(1) Where the Company gives notice under the project agreement of its intention to commence arbitration
proceedings concerning a decision which would result in the Company being held to be in default under Part XII, it
may, within 14 days beginning on the date it gives such notice, apply to the Governor in writing, to issue directions for



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 25

the purposes of subsection (2).
(2) Where an application is made under subsection (1)-

(a) if it appears to the Governor that the matter referred to arbitration by the Company concerns a
decision; and

(b) any award of the arbitrator upholding such decision would result in the Company being held to be in
default under Part XII or it appears to the Governor that this would be the probable result of such an
award,

the Governor may issue such directions as he thinks fit as regards the enforcement of the decision concerned, pending
the determination or abandonment of the arbitration proceedings, but subject to such directions, the decision may be
enforced pending such determination or abandonment.

(3) In this section-
"decision" (決案) means a requirement, determination or direction made or issued or refusal of any consent or

approval (including refusal to allow an extension under section 13(b), as read with the project agreement) by any
person acting on behalf of the Government (other than an exercise of the powers of the Secretary under section
58),

and this section shall apply to any such decision.
(Enacted 1993)


Section: 67 Non-derogation from Government's rights 30/06/1997


(1) Nothing in this Ordinance or the project agreement shall affect any rights of the Government or any servant
or agent thereof to enter any land affected by the construction works or 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) Subsection (1) shall not 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 1993)

Section: 68 Payment or reimbursement of moneys owing to the

Government
30/06/1997



(1) Where, under this Ordinance, a person becomes liable to pay to the Government an amount of money or
reimburse it for any amount paid by it, the amount shall be paid or reimbursed, subject to the presentation of receipts
or other appropriate evidence in support, within 30 days of a demand in writing being made in respect thereof.

(2) Where a person who has made a payment or reimbursed the Government under subsection (1) wishes to
dispute that the whole or any part of the amount was properly incurred or paid by the Government, that person may
give notice to the Government as regards the amount in dispute and if no agreement can be reached between such
person and the Government within 30 days beginning on the date the notice is given, the question whether the amount
was properly incurred or paid by the Government shall be referred to arbitration.

(Enacted 1993)

Section: 69 Limitation of liability 30/06/1997


(1) No liability shall be imposed upon the Government or any public officer-
(a) by reason of the fact that-

(i) the construction works are carried out in accordance with this Ordinance or the project
agreement; or

(ii) the construction works or the designs, structural details, calculations, method and programme of
construction or conditions of contract relating thereto are under the project agreement or this
Ordinance subject to inspection or approval by a public officer; or

(b) in respect of the maintenance or operation of the Western Harbour Crossing by the Company.
(2) Except where this Ordinance or the project agreement otherwise requires, nothing in this Ordinance or the

project agreement shall be construed as making it obligatory for the Director or the Commissioner to inspect the



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 26

construction works, or after the operating date, the Western Harbour Crossing, 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 1993)

Section: 70 Secretary, Director and Commissioner to give effect to the

project agreement
30/06/1997



Where this Ordinance confers a discretion or authority upon the Secretary, the Director or the Commissioner, 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 matters which he considers proper, exercise that discretion or authority so as to give effect
to the terms of the project agreement.

(Enacted 1993)

Section: 71 (Omitted as spent) 30/06/1997


(Enacted 1993)

Schedule: 1 Western Harbour Crossing Tolls L.N. 173 of 2015 31/07/2015


[sections 2(1), 33, 34,
36 & 52]


Category Vehicle Toll

$
1. Motorcycles, motor tricycles ............................................................ 110

2. Private cars, electrically powered passenger vehicles, taxis ................. 195

3. Public and private light buses ........................................................... 230

4. (a) Light goods vehicles and special purpose vehicles of a permitted gross
vehicle weight not exceeding 5.5 tonnes .............................


280

(b) In a vehicle specified in paragraph (a), each additional axle in excess of
2 ......................................................................................


195

5. (a) Medium goods vehicles and special purpose vehicles of a permitted gross
vehicle weight exceeding 5.5 tonnes but not exceeding 24
tonnes ..................................................................




420
(b) In a vehicle specified in paragraph (a), each additional axle in excess of

2 .......................................................................................


195

6. (a) Heavy goods vehicles and special purpose vehicles of a permitted gross
vehicle weight exceeding 24 tonnes ..................................


590

(b) In a vehicle specified in paragraph (a), each additional axle in excess of
2 .....................................................................................


195

7. Public and private single-decked buses ............................................ 230

8. Public and private double-decked buses ........................................... 340
(Schedule 1 replaced L.N. 173 of 2015)


Schedule: 2 Increases in Western Harbour Crossing Tolls E.R. 2 of 2014 10/04/2014


[sections 34 & 50]


(From operating date up to 31 December 2010 or during
period of 13 years beginning on operating date)



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 27


Category Vehicle Increase

$
1. Motorcycles, motor tricycles .................................................................... 5

2. Private cars, electrically powered passenger vehicles, taxis ........................ 10

3. Public and private light buses ................................................................... 10

4. (a) Light goods vehicles and special purpose vehicles of a permitted gross vehicle weight
not exceeding 5.5 tonnes .............................................


15

(b) In a vehicle specified in paragraph (a), each additional axle in excess of
2 .................................................................................................


10

5. (a) Medium goods vehicles and special purpose vehicles of a permitted gross vehicle
weight exceeding 5.5 tonnes but not exceeding 24 tonnes


20

(b) In a vehicle specified in paragraph (a), each additional axle in excess of
2 .................................................................................................


10

6. (a) Heavy goods vehicles and special purpose vehicles of a permitted gross vehicle
weight exceeding 24 tonnes ..........................................


30

(b) In a vehicle specified in paragraph (a), each additional axle in excess of
2 .................................................................................................


10

7. Public and private single-decked buses ..................................................... 10

8. Public and private double-decked buses .................................................... 15
(Enacted 1993)

(Format changes—E.R. 2 of 2014)

Schedule: 3 Increases in Western Harbour Crossing Tolls E.R. 2 of 2014 10/04/2014


[sections 34 & 50]


(on or after 1 January 2011 or after expiry of 13 years beginning on
operating date up to expiry of franchise period)


Category Vehicle Increase

$
1. Motorcycles, motor tricycles .................................................................... 10

2. Private cars, electrically powered passenger vehicles, taxis ........................ 15

3. Public and private light buses ................................................................... 20

4. (a) Light goods vehicles and special purpose vehicles of a permitted gross vehicle
weight not exceeding 5.5 tonnes ..............................................


20

(b) In a vehicle specified in paragraph (a), each additional axle in excess of
2 .......................................................................................................


15

5. (a) Medium goods vehicles and special purpose vehicles of a permitted gross vehicle
weight exceeding 5.5 tonnes but not exceeding 24 tonnes .


35

(b) In a vehicle specified in paragraph (a), each additional axle in excess of
2 .......................................................................................................


15

6. (a) Heavy goods vehicles and special purpose vehicles of a permitted gross vehicle
weight exceeding 24 tonnes .....................................................


45

(b) In a vehicle specified in paragraph (a), each additional axle in excess of
2 .......................................................................................................


15

7. Public and private single-decked buses ..................................................... 20



Cap 436 - WESTERN HARBOUR CROSSING ORDINANCE 28

8. Public and private double-decked buses .................................................... 30
(Enacted 1993)

(Format changes—E.R. 2 of 2014)

Schedule: 4 Dates on which the Company is expected to be able to

Effect a Toll Increase
E.R. 2 of 2014 10/04/2014



[section 42]

1 January 2001
1 January 2005
1 January 2009
1 January 2013
1 January 2017
1 January 2021

(Enacted 1993)
(Format changes—E.R. 2 of 2014)


Schedule: 5 Estimated Net Revenue ($000000's) E.R. 2 of 2014 10/04/2014


[section 42]


Year Ending
31 July in

Minimum Estimated
Net Revenue

Upper Estimated
Net Revenue

Maximum Estimated
Net Revenue

1998 154 336 403
1999 201 399 471
2000 253 461 538
2001 506 768 865
2002 713 1016 1128
2003 794 1106 1221
2004 880 1202 1321
2005 1190 1570 1711
2006 1455 1881 2039
2007 1549 1983 2143
2008 1623 2061 2223
2009 1876 2369 2551
2010 2028 2562 2760
2011 1892 2405 2594
2012 1821 2326 2513
2013 2212 2815 3038
2014 2573 3267 3524
2015 2733 3474 3749
2016 2891 3682 3974
2017 3507 4449 4797
2018 4018 5090 5486
2019 4220 5355 5775
2020 4422 5621 6064
2021 5192 6583 7098
2022 5747 7285 7855
2023 5726 7286 7864

Note: In this Schedule year shall be construed having regard to the definition of year in section 42 of this Ordinance.
(Enacted 1993)

(Format changes—E.R. 2 of 2014)