Tai Lam Tunnel And Yuen Long Approach Road Ordinance


Published: 1997-06-30

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Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 1

Chapter: 474 TAI LAM TUNNEL AND YUEN LONG APPROACH
ROAD ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


An Ordinance to grant a franchise for the design, construction and operation of a tunnel and associated roads linking
Ting Kau to Au Tau; to provide for the maintenance of the works within the area subject to the franchise, the
payment of tolls to the franchise holder for the use of that area 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 1995)


[26 May 1995]

(Originally 33 of 1995)

Part: I PRELIMINARY 30/06/1997


(Enacted 1995)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Tai Lam Tunnel and Yuen Long Approach Road Ordinance.
(Enacted 1995)


Section: 2 Interpretation L.N. 38 of 2011 01/06/2011


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) In this Ordinance, unless the context otherwise requires-

"Commissioner" means, subject to subsection (2), the Commissioner for Transport;
"Committee" (委員會) means the Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund Management

Committee established under section 32;
"Company" (公司) means-

(a) Route 3 (CPS) Company Limited (三號幹線(郊野公園段)有限公司); or
(b) in the event of the franchise being-

(i) transferred under section 6 or 7 to; or
(ii) vested under section 52 in,

a person other than Route 3 (CPS) Company Limited, such other person in place of Route 3 (CPS)
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;
"financial penalty" (罰款) means a financial penalty imposed under section 60;
"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 on-

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



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 2

(b) where applicable, such later date as may be determined in accordance with the project agreement;
"Fund" (基金) means the Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund established under

section 31;
"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;

"Guarantor" (保證人) means any person who for the time being has undertaken the obligations 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 18(4);
"plan" (圖則) means-

(a) the plan numbered CPS TAP/1 signed by the Commissioner and deposited in the Land Registry; or
(b) any other plan deposited under section 3(4);

"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);
"Tai Lam Tunnel and Yuen Long Approach Road" (大欖隧道及元朗引道) means the completed tunnel (namely,

the structure between the portals shown on the plan and consisting of 2 conduits, each containing 3 lanes for
traffic and 2 ventilation adits), the roads and associated works within the toll area;

"toll" (使用費) means a toll specified in Schedule 1;
"toll area" (收費區) means the area-

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

on the plan;
"utility" (公用事業設施) 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.
(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) For the purpose of sections 22(2), 54(2) and 62(2), "arbitration" (仲裁) means arbitration under the
Arbitration Ordinance (Cap 609), the reference to such arbitration being made in accordance with the requirements of
the project agreement. (Amended 17 of 2010 s. 112)

(Enacted 1995)

Section: 3 Variation of plan 30/06/1997


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

the toll 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



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 3

(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 1995)


Part: II THE FRANCHISE 30/06/1997


(Enacted 1995)

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 the Tai Lam Tunnel and Yuen Long Approach Road from the operating date until the expiry of

the franchise period;
(c) maintain-

(i) the Tai Lam Tunnel and Yuen Long Approach Road (other than that part of the northbound
carriageway of the Ting Kau Bridge Viaduct; and that part of the south section of the Slip Road
C abutting Tuen Mun Road which are shown and described on the plan as the "operated
facilities"); and

(ii) that part of the southbound carriageway from the junction of that carriageway with Slip Road C
up to the Ting Kau Bridge Viaduct shown and described on the plan as the "maintained
facilities",

from the operating date until the expiry of the franchise period; and
(d) collect the tolls for the use by the public of the Tai Lam Tunnel and Yuen Long Approach Road

(within the meaning of section 27(2)), from the operating date until the expiry of the franchise period,
in accordance with the project agreement.

(Enacted 1995)

Section: 5 Effect of franchise 30/06/1997


(1) Section 4 shall be construed as conferring on the Company any wayleave or other right necessary for the
purposes of the franchise.

(2) Subject to subsections (1) and (3), neither this Ordinance nor the franchise shall operate to confer or be
construed as conferring on the Company any title, right or interest to, in, under or over the land on which the
construction works are, or are to be, constructed or the land which the toll area comprises.

(3) Subsection (1) shall not operate to affect or be construed as affecting any agreement-
(a) pursuant to which land is to be subsequently leased to the Company for any purpose connected with

the franchise; and
(b) being an agreement which is declared to be an agreement to which this subsection applies.

(Enacted 1995)

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


(Enacted 1995)

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 51(2) and that-



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 4

(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.

(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 1995)

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 or refinance-
(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, assigning by way of security 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,
assignment, charge or arrangement.

(2) A mortgage, assignment by way of security 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 or assignment by way of security 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 1995)

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


(Enacted 1995)

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 each of whom is 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)

(3) In subsection (1) "ordinarily resident" (通常居於) means residence for not less than 180 days in any
calendar year or residence for not less than 300 days in 2 consecutive calendar years.




Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 5

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 Actual Net Revenue for the purposes of Part X,

inspect at any reasonable time books of account, vouchers, receipts or any other record of the Company (including
records maintained by the Company in accordance with section 25) and make extracts from any such document or
take away any such document for further examination.

(2) In subsection (1) "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 1995)

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 53(1) (whichever event
first occurs), of the Tai Lam Tunnel and Yuen Long Approach Road.

(Amended E.R. 1 of 2012)
(Enacted 1995)


Part: V CONSTRUCTION OF THE TAI LAM TUNNEL AND

YUEN LONG APPROACH ROAD
30/06/1997



(Enacted 1995)

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 and carry out the construction works in accordance with the
project agreement and this Ordinance.

(Enacted 1995)

Section: 12 Start of construction 30/06/1997


(1) Except where it is permitted otherwise under the project agreement, 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 1995)


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


The Company shall complete the construction works within-
(a) 38 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.



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 6

(Enacted 1995)

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 1995)

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 1995)

Part: VI CONTINUING OBLIGATIONS AND PROVISIONS IN

RESPECT OF THE TAI LAM TUNNEL AND YUEN
LONG APPROACH ROAD: REGULATIONS

30/06/1997



(Enacted 1995)

Section: 16 Utilities through the toll area 30/06/1997


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

except in circumstances determined for the time being under subsection (4); and
(b) any other person shall not install any utility within the toll 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 may, in granting approval under subsection (1)(a), impose such conditions as he
considers appropriate in relation to the installation by the Company of any utility within the toll area and the
subsequent use by any other person of such utility.

(4) The Commissioner may, for the purposes of subsection (1)(a), determine, in consultation with the
Company, the circumstances in which his approval is not required for installation of utilities in the toll area, by the
Company.

(5) The Commissioner shall not grant his approval under subsection (1)(a) or (2) or make a determination under
subsection (4) unless he is satisfied that the safety of persons using or employed in the toll area or its vicinity, and the
passage of motor vehicles through the toll area, will not be adversely affected by such installation or the making of or
the terms of such determination, as the case may be.

(6) For the purposes of this section, in so far as it is reasonably practicable and feasible to do so, the Company
shall treat all applications for the installation of utilities within the toll area-

(a) fairly and in a similar manner; and
(b) shall, subject to subsection (2), impose similar terms and conditions (including charges), as regards

such installation.
(7) Subsection (6) shall not be construed as preventing the Company, after considering an application referred

to in that subsection-
(a) from refusing to consent to the relevant installation for the reason that the application-



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 7

(i) is not made in good faith; or
(ii) is made by a person who has no real interest in such installation; or

(b) from imposing any condition as regards an application where it is reasonable to do so.
(8) The Company shall afford, to the owner or person having the control of any utility in the toll area,

reasonable access to such utility.
(Enacted 1995)


Section: 17 Power to make regulations 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) The Secretary for Transport and Housing may by regulation- (Amended L.N. 106 of 2002; L.N. 130 of

2007)
(a) specify requirements in relation to the provision by the Company of adequate, efficient, safe and

continuous facilities for the passage of motor vehicles through the toll area;
(b) in relation to the safety of persons using or employed in the toll area, specify requirements to be

complied with by the Company and make other provision including requirements or provisions relating
to fire hazards or prevention of concentration of carbon monoxide or other dangerous gases;

(c) specify requirements to be complied with by the Company and make other provision, regarding
lighting, including emergency lighting and visibility in the toll area;

(d) provide for the regulation of the noise level generated by any ventilation plant associated with the Tai
Lam Tunnel and Yuen Long Approach Road;

(e) provide for the powers of the personnel provided by the Company for the control, restriction and safety
of traffic in the toll area;

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

(g) regulate the priority of vehicles passing through the toll area;
(h) provide for any records to be kept by the Company in addition to those specified in section 25;
(i) require the Company to provide signs of such description, specifications and other particulars as may

be specified in the regulation to indicate the toll area and the application of the regulation in respect of
that area;

(j) prescribe anything which under this Ordinance is to be or may be prescribed; and
(k) 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 the regulations shall be to the satisfaction of such authority as may be specified in the
regulations in relation thereto.

(Enacted 1995)

Part: VII TAI LAM TUNNEL AND YUEN LONG APPROACH

ROAD
30/06/1997



(Enacted 1995)

Section: 18 Operating date 30/06/1997


(1) The Tai Lam Tunnel and Yuen Long Approach Road 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 Tai Lam
Tunnel and Yuen Long Approach Road are fit for public 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



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 8

of subsection (1).
(4) The Commissioner shall notify in the Gazette the date determined under subsection (3).

(Enacted 1995)

Section: 19 Company to provide facilities in Tai Lam Tunnel and

Yuen Long Approach Road
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,
to the satisfaction of the Commissioner, for the passage of motor vehicles through and along the Tai Lam Tunnel and
Yuen Long Approach Road and the control and safety of motor vehicles and persons in the toll area.

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

(Enacted 1995)

Section: 20 Right to use Tai Lam Tunnel and Yuen Long Approach

Road
30/06/1997



(1) Subject to this Ordinance, the Tai Lam Tunnel and Yuen Long Approach Road shall be made available for
use for the passage of motor vehicles upon payment of the tolls.

(2) The Company shall not prevent or refuse the use of the Tai Lam Tunnel and Yuen Long Approach Road for
the purpose described in subsection (1) other than on reasonable grounds.

(Enacted 1995)

Section: 21 Application of other laws 30/06/1997


(1) Save to the extent of any inconsistency with any regulations made under section 17 or bylaws made under
section 26, the provisions of the Road Traffic Ordinance (Cap 374) shall apply to the roads in the toll area as if they
were roads within the meaning of that Ordinance.

(2) The toll area shall be a public place for the purposes of any law.
(Enacted 1995)


Section: 22 Operation of toll area by Government 30/06/1997


(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 toll area or any part thereof together with such of the
facilities of the Company as is necessary for that purpose, 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.

(3) When computing the franchise period, any period during which the Government operates the toll area or
any part of that area shall be regarded as part of the franchise period.

(4) Without affecting the generality of subsection (1), the Government may, in operating the toll area pursuant
to an order under that subsection, close the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof.

(Enacted 1995)

Section: 23 Closure of Tai Lam Tunnel and Yuen Long Approach

Road
30/06/1997



(1) The Company shall not close the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof to the
public-

(a) unless-
(i) required by the Director for the reason that it reasonably appears to him; or



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 9

(ii) it appears to the Company,
that such closure is necessary to enable any works to be carried out pursuant to any obligation imposed
by or under this Ordinance or the project agreement; or

(b) unless-
(i) required by the Commissioner for the reason that it 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 toll area or for routine maintenance or cleaning.

(2) Before closing the Tai Lam Tunnel and Yuen Long Approach Road 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 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 Tai Lam Tunnel and Yuen Long Approach Road 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 Tai Lam Tunnel and Yuen
Long Approach Road 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 1995)

Section: 24 Advertising in toll 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 toll 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 toll area for advertising purposes.

(3) The Commissioner shall not give approval under subsection (1) where-
(a) it appears to him that the safety of persons using or employed in the toll area or its vicinity, or the

passage of vehicles through the toll area, will be adversely affected by such advertising; or
(b) the Commissioner or the Director considers that such advertising is inappropriate.

(4) Subject to subsection (5) any approval given under subsection (1) shall be valid for a period of 3 years
beginning on the date it is given and shall expire at the end of that period.

(5) The Commissioner may at any time withdraw, generally or as regards a particular advertisement or
advertisements, any approval given under subsection (1), if it appears to him that advertising in the toll area or the
display of a particular advertisement or advertisements adversely affects the safety of persons using or employed in
the toll area or its vicinity or the passage of vehicles through the toll area.

(6) Where the Commissioner withdraws any approval under subsection (5), the Company shall cause any
advertisement as regards which approval is withdrawn to be removed within such period as the Commissioner
considers reasonable in the particular case.

(7) Where the Commissioner acts in accordance with subsections (5) and (6), no claim shall be made against
the Government for the cost of any removal under subsection (6) or in respect of any other matter relating to the
withdrawal of approval under subsection (5).

(Enacted 1995)

Section: 25 Records and information 30/06/1997


(1) The Company shall maintain the following records-



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 10

(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 in the toll area is open;
(c) the number of motor vehicles using the Tai Lam Tunnel and Yuen Long Approach Road specifying the

different classes of such vehicles and their direction, and providing continuous and cumulative figures
thereof;

(d) particulars relating to payment of tolls as described in section 26(1)(i);
(e) without affecting the generality of paragraph (d), the amount collected as tolls and the numbers and

prices of toll tickets issued, if any;
(f) statistics of all accidents to and stoppages of traffic in the toll area;
(g) statistics of offences committed in the toll area and prosecutions under section 26(5); and
(h) particulars relating to the employment of personnel in connection with the operation of the Tai Lam

Tunnel and Yuen Long Approach Road, including the nature of such employment, and the places and
the times at which the personnel are so employed.

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

(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 made
under section 17, 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 1995)

Section: 26 Power to make bylaws L.N. 362 of 1997 01/07/1997


(1) Subject to subsection (2), the Company may by bylaw provide for-
(a) the order and safety, and the prevention or abatement of nuisances in the toll area;
(b) the precautions as regards public health or safety in the toll area;
(c) the control, restriction and safety of traffic in the toll area;
(d) the regulation of the speed of traffic using the toll area;
(e) the regulation of vehicles which may use the toll area, including the types, dimensions, condition and

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

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

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

(h) the collection of tolls in respect of the use of the Tai Lam Tunnel and Yuen Long Approach Road 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 toll 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



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 11

safety of traffic in the toll area;
(m) any other conditions subject to which the toll 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 toll area which it is necessary

or expedient to provide for.
(2) (a) Bylaws under subsection (1)(c) may only be made after consultation with the Commissioner.

(b) The Commissioner may by notice in writing direct the Company to make bylaws relating to the safety
of persons using or employed in the toll area and the Company shall comply with any such direction.

(3) 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.

(4) Bylaws made under this section shall be subject to the approval of the Legislative Council.
(5) 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 at level 2.
(6) 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.
(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 by the Company in the name of the Company. (Amended L.N. 362 of 1997)

(Enacted 1995)

Part: VIII COLLECTION OF TOLLS 30/06/1997


(Enacted 1995)

Section: 27 Company to charge approved tolls for use of Tai Lam

Tunnel and Yuen Long Approach Road
30/06/1997



(1) 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 Tai Lam Tunnel and along the
Yuen Long Approach Road, the tolls specified in Schedule 1.

(2) For the purposes of subsection (1)-
"Tai Lam Tunnel" (大欖隧道) means the tunnel, more particularly described in the project agreement, extending

under the Tai Lam Country Park from Ting Kau in the south, to Ho Pui in the north;
"Yuen Long Approach Road" (元朗引道) means the road, more particularly described in the project agreement,

linking the Tai Lam Tunnel and the New Territories Circular Road at Au Tau and includes any part of such road.
(Enacted 1995)


Section: 28 Description of motor vehicles 30/06/1997


The description of motor vehicles mentioned in Schedules 1 and 2 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 1995)

Section: 29 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 entrances to the toll
area, 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 1995)




Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 12

Section: 30 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 1995)

Part: IX TAI LAM TUNNEL AND YUEN LONG APPROACH

ROAD TOLL STABILITY FUND
30/06/1997



(Enacted 1995)

Section: 31 Tai Lam Tunnel and Yuen Long Approach Road Toll

Stability Fund
30/06/1997



(1) There is hereby established a fund to be known as the Tai Lam Tunnel and Yuen Long Approach Road Toll
Stability Fund.

(2) The Fund shall consist of-
(a) moneys paid into the Fund under section 38;
(b) any other moneys paid by the Company into the Fund under the project agreement; and
(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 43; and

(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

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 1995)


Section: 32 Tai Lam Tunnel and Yuen Long Approach Road 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 as a body corporate a body to be known as the Tai Lam Tunnel and Yuen Long

Approach Road Toll Stability Fund Management Committee, which may in that name sue and be sued.
(2) The Committee shall provide itself with a common seal and the affixing of the seal shall be authenticated by

the Chairman or a member referred to in subsection (3)(b) or (c) as may be authorized by the Chairman for the
purpose.

(3) 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.

(4) At any meeting of the Committee-
(a) there shall be a quorum of 2 members;
(b) all questions arising for determination shall be decided by a majority of the votes of the members

present and voting; and



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 13

(c) in the event of an equality of votes, the Chairman shall have a casting vote.
(5) The moneys constituting the Fund shall be placed with the Exchange Fund or deposited in a separate

interest bearing bank account opened and maintained by the Committee in any authorized institution registered or
licensed under the Banking Ordinance (Cap 155).

(6) Subject to this section, the Committee may determine its own procedure.
(Enacted 1995)


Section: 33 Advisers and consultants 30/06/1997


(1) The Committee may engage any 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 out of the Fund.
(Enacted 1995)


Section: 34 Accounts 30/06/1997


(1) The Committee shall-
(a) keep proper accounts and records of its financial transactions; and
(b) as soon as practicable after the expiry of a financial year prepare a statement of accounts which shall-

(i) include an income and expenditure account and a balance sheet; and
(ii) 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.

(3) The auditor may prepare a report on the statement of accounts and, if he does so, shall certify the statement
subject to such report.

(4) The Committee shall cause a copy of the audited statement of accounts, together with the report under
subsection (3), if any, and a report by the Committee on the administration of the Fund during the period to which the
statements 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 a particular case.

(5) In this section "financial year" (財政年度) has the meaning assigned to "year" by section 36.
(Enacted 1995)


Section: 35 Cessation of Committee 30/06/1997


(1) Upon the cessation of the rights and obligations of the Company under section 53(1)-
(a) the Committee and the Fund shall cease to exist, except to the extent of giving effect to paragraph (b);

and
(b) the Committee shall pay into the general revenue the moneys constituting the Fund as at the date of

such cessation.
(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) Subsection (1) or (2) shall not operate to affect anything done or any right, obligation or liability acquired,

accrued or incurred before such cessation or the institution, continuance or enforcement of any legal proceeding,
arbitration or remedy in respect of such right, obligation or liability.

(Enacted 1995)

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


(Enacted 1995)

Section: 36 Definitions 30/06/1997


(1) In this Part, unless the context otherwise requires-
"Actual Net Revenue" (實際淨收入) means, in relation to any year, the gross revenue from whatever source of the



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 14

Company for that year (other than any revenue or other receipt of a capital nature received in respect of any act,
event, omission or circumstance which occurred after the start of construction but on or before the operating date
and interest income) calculated on an accruals basis in accordance with the Company's normal accounting
principles less-

(a) interest expense; and
(b) operating costs for that year,

all as calculated and adjusted (if appropriate) in accordance with the provisions in the project agreement for the
computation of net revenue;

"anticipated toll increase" (預期的使用費增加) is a toll increase which the Company expects to be eligible to give
effect to pursuant to section 39(1);

"Maximum Estimated Net Revenue" (最高估計淨收入) means, in relation to any year-
(a) the amount specified in column 3 of Schedule 4 as the Maximum Estimated Net Revenue for that year;

or
(b) where pursuant to the project agreement any such amount is adjusted, the amount as so adjusted;

"Minimum Estimated Net Revenue" (最低估計淨收入) means, in relation to any year-
(a) the amount specified in column 2 of Schedule 4 as the Minimum Estimated Net Revenue for that year;

or
(b) where pursuant to the project agreement any such amount is adjusted, the amount as so adjusted;

"specified date" (指明日期) means a date specified in Schedule 3;
"year" (年度) means, subject to Note 2 of Schedule 4-

(a) if the operating date is-
(i) 1 August; or
(ii) 30 September; or
(iii) a date between 1 August and 30 September,
in 1998 or any subsequent calendar year, the period beginning on such operating date and ending on
31 July next following and each period of 12 months beginning on 1 August thereafter;

(b) if the operating date is before 1 August 1998, the period beginning on such operating date or 1 June
1998, whichever is later, and ending on 31 July 1999 and each period of 12 months beginning on 1
August thereafter; and

(c) if the operating date is-
(i) after 30 September in 1998 or any subsequent calendar year; or
(ii) before 1 August in 1999 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.

(2) In the definition of Actual Net Revenue, "interest income" (利息入息), "interest expense" (利息開支) and
"operating costs" (經營成本) have the meanings respectively assigned to them in the project agreement.

(Enacted 1995)

Section: 37 Submission of statement of Actual Net Revenue 30/06/1997


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

(2) Not later than-
(a) 90 days after the end of each year; or
(b) 60 days beginning on the date a statement of Actual Net Revenue is received under subsection (1),

whichever is later, the Secretary shall inform the Company whether or not he is satisfied with the statement of Actual
Net Revenue.

(3) The Secretary shall make a decision in respect of the statement of Actual 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 Actual 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.



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 15

(5) If the Secretary informs the Company under subsection (2) that he is not satisfied with the statement of
Actual Net Revenue, and an agreement cannot be reached as to the statement 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 the project agreement, and the decision of such
expert shall be final as regards any matter relating to the statement of Actual Net Revenue.

(Enacted 1995)

Section: 38 Payments into the Fund 30/06/1997


(1) If the Actual Net Revenue of the Company for any year exceeds the Maximum Estimated Net Revenue for
that year, the Company shall pay into the Fund the difference between the Actual Net Revenue and the Maximum
Estimated Net Revenue.

(2) A 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 1995)

Section: 39 Giving effect to anticipated toll increases 30/06/1997


(1) Subject to and in accordance with this Part and the project agreement, the Company may, during the
franchise period, give effect to a toll increase on each specified date.

(2) If the Actual Net Revenue of the Company for the year immediately preceding the year in which a specified
date occurs, is less than its Maximum Estimated Net Revenue for that year, the Company may apply in writing to the
Secretary to increase the tolls by the amount of the appropriate anticipated toll increase.

(3) An application under subsection (2) shall be made at the same time the statement of Actual Net Revenue for
the relevant year is submitted under section 37(1).

(4) Where the Secretary receives an application under subsection (3), he shall, subject to subsection (5), inform
the Company, not later than 21 days before the day on which an anticipated 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 43 to the Company from the Fund.

(5) If the Secretary is not satisfied with the statement of Actual Net Revenue submitted for a year in respect of
which an application under this section is made-

(a) where the amount of the Actual 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 after negotiation or reference to an independent expert as described in section
37(5)-
(i) it is agreed that the amount of the Actual Net Revenue; or
(ii) the decision of the expert as regards the amount of the Actual Net Revenue,
as the case may be, 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 day 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 43 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 Actual Net Revenue by negotiation between the
Secretary and the Company; or

(b) a determination is made by an expert as regards such a statement,
as may be appropriate.

(Enacted 1995)

Section: 40 Advancement of toll increases 30/06/1997


(1) If the Actual Net Revenue of the Company for any year is less than the Minimum Estimated Net Revenue
for that year, and that year is not a year immediately preceding a year in which a specified date occurs, the Company
may apply to the Secretary to give effect to the next anticipated toll increase.



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 16

(2) Section 39(3), (4), (5) and (6) 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 1995)


Section: 41 Deferment of toll increases 30/06/1997


(1) If in any year, being a year immediately preceding a year in which a specified date occurs, the Actual Net
Revenue of the Company is equal to or exceeds the Maximum Estimated Net Revenue for that year, any anticipated
toll increase which it could have given effect to on such specified date if not for this subsection shall be deferred to the
date ("deferred date") occurring 12 months from the specified date.

(2) Where an anticipated toll increase is deferred under subsection (1) and the Actual Net Revenue of the
Company for the year immediately preceding the year in which the deferred date occurs is-

(a) less than the Maximum Estimated Net Revenue for that year, the Company may give effect to the toll
increase on the deferred date; or

(b) equal to or exceeds the Maximum Estimated Net Revenue for that year, the deferred anticipated toll
increase shall be further deferred to the date ("further deferred date") occurring 12 months from the
deferred date.

(3) Where an anticipated toll increase is further deferred under subsection (2)(b) or still further deferred under
this subsection, and the Actual Net Revenue for the year immediately preceding the year in which the further deferred
date or the date to which the anticipated toll increase is still further deferred occurs is-

(a) less than the Maximum 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 Maximum Estimated Net Revenue for that year, the deferred anticipated toll
increase shall be still further deferred to the date occurring 12 months from-
(i) the further deferred date; or
(ii) the date to which it is still further deferred under this subsection,
as the case may be.

(4) Any entitlement of the Company to give effect to a toll increase deferred under this section is subject to the
provisions of section 43.

(5) Where the Company may give effect under this section to a toll increase deferred under this section 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 the date occurring 12 months from the specified date and
subsections (2), (3) and (4) shall apply in respect of such deferred toll increase.

(Enacted 1995)

Section: 42 Creation of additional toll increases 30/06/1997


(1) Where the Company has given effect to all the anticipated toll increases pursuant to section 39(1) or 40(1)
and the Actual Net Revenue of the Company for any year occurring before the expiry of the franchise period is less
than its Minimum Estimated Net Revenue for that year, the Company may apply to the Secretary to give effect to an
additional toll increase.

(2) Section 39(3), (4), (5) and (6) 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 1995)


Section: 43 Payments from the Fund 30/06/1997


(1) The Committee may pay from the Fund to the Company, in respect of a year immediately preceding a year
in which-

(a) a specified date; or
(b) a date to which a toll increase is deferred ("deferred date") or further deferred ("further deferred date")

or still further deferred under section 41(1), (2) or (3),
occurs, an amount equal to the difference between its Actual Net Revenue and the Maximum Estimated Net Revenue



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 17

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 or the date to

which the anticipated toll increase is still further deferred, as the case may be,
or such later date as may be appropriate having regard to 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 the date occurring 12 months from the
specified date, the deferred date or the further deferred date or the date to which the anticipated toll increase is still
further deferred, as the case may be.

(4) Where a toll increase is deferred under subsection (3) or is further deferred or still further deferred under
this subsection or subsection (5) and the and the Actual Net Revenue of the Company for the year immediately
preceding the year in which the date to which the anticipated toll increase is deferred, further deferred or still further
deferred, as the case may be, occurs is-

(a) less than the Maximum Estimated Net Revenue for that year, the Company may give effect to a toll
increase; or

(b) equal to or exceeds the Maximum 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 from the Fund the difference between the Actual Net Revenue and the Maximum
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 pay to the Company from the Fund in respect of any year-
(a) which is not a year immediately preceding a year in which-

(i) a specified date occurs; or
(ii) a deferred date or a further deferred date or a date to which the anticipated toll increase is

deferred, further deferred or still further deferred occurs as a result of section 41 or this section;
and

(b) for which the Actual Net Revenue of the Company is less than its Minimum Estimated Net Revenue,
an amount equal to the difference between the Actual 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 an
anticipated toll increase under section 40(1) or where applicable give effect to an additional toll increase under section
42.

(8) Any payment under subsection (5) or (6) shall be made not later than the date on which the anticipated toll
increase or the additional toll increase, as the case may be, could have been given effect to if not for those subsections
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 under section
41(2)(a) or (3)(a) or subsection (4)(a), it shall apply in writing to the Secretary to increase the tolls.

(10) Section 39(3), (4), (5) and (6) shall apply in relation to an application under subsection (9).
(Enacted 1995)


Section: 44 Procedure for and amount of 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 40(3) or 42(3); or
(c) the date on which a deferred, further deferred or still further deferred anticipated toll increase may be

given effect to pursuant to section 41 or 43; or
(d) the appropriate date having regard to section 39(6) or subsection (4),

as may be applicable in the particular case-
(i) increase each toll by an amount not exceeding that referred to in subsection (5); or
(ii) not increase any toll; or



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 18

(iii) increase the toll in respect of vehicles of certain categories by an amount not exceeding that referred to
in subsection (5).

(2) The Company may defer the coming into effect of a toll increase to which it may give effect 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 amount
referred to in subsection (5), 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-
(a) in section 40(3); or
(b) in section 41 or 43; or
(c) in section 42(3),

as regards the date on which a toll increase which has been advanced, deferred, further deferred or still further
deferred or on which an additional toll increase, as the case may be, may be given effect to, where the Secretary is not
satisfied with the statement of Actual Net Revenue for the relevant year, and the amount of the Actual 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 39(6).

(5) The amount of the toll increase to which the Company may give effect under this Part, in respect of a
vehicle described in column 2 of Schedule 2 shall be the amount specified in column 3 of that Schedule, opposite the
description of such motor vehicle.

(Enacted 1995)

Section: 45 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.

(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 1995)

Part: XI TRAFFIC OFFENCES: SUPPLEMENTARY

PROVISIONS
30/06/1997



(Enacted 1995)

Section: 46 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, in the toll area, an offence under a bylaw made under section 26, the
following applies-

(a) a toll area control officer may require any person (including the registered owner of the vehicle and the
person suspected of being the driver of the vehicle at the time of the alleged offence), whom he has
reason to believe is able to give information relevant to the matter, to furnish the name, address and
driving licence number of the person driving the vehicle at the time of the alleged offence and state his
relationship (if any) to the driver;

(b) a requirement under paragraph (a) may be made orally or by means of a notice in writing served
personally or by post on the person concerned.

(2) Where a requirement is made under subsection (1)(a) orally, the person of whom it is made, shall-
(a) if he was the driver of the vehicle at the time of the alleged offence-

(i) give his name and address immediately; and
(ii) give the number of his driving licence to a specified toll area control officer, not later than 21



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 19

days beginning on the date the requirement is made; and
(b) if he was not the driver of the vehicle at the time of the alleged offence, give the information required

of him to a specified toll area control officer either orally or in writing not later than 21 days beginning
on the date the requirement is made.

(3) A notice under subsection (1)(b) shall require the person to whom it is addressed-
(a) to furnish, within 21 days beginning on the date of the notice, to a specified toll area control officer, a

written statement, in such form as is specified in the notice, containing 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.
(4) Where a requirement is made under this section not later than 6 months beginning on the date of the alleged

offence, any person who fails to comply with it according to this section commits an offence and is liable on
conviction to a fine at level 2 and to imprisonment for 6 months. (Amended 29 of 1999 s. 2)

(5) In proceedings for an offence under subsection (4), 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.

(6) In this section "specified toll area control officer" (指明的收費區管理人員) means-
(a) in relation to a requirement made under subsection (2), the toll area control officer specified in the

requirement; and
(b) in relation to a notice under subsection (3), the toll area control officer specified in the notice.

(Enacted 1995)

Section: 46A 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 46 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 46 commits an offence and is liable on
conviction to a fine at level 2 and to imprisonment for 6 months.

(4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did
not know, and could not with reasonable diligence have ascertained, the particular required.

(Added 29 of 1999 s. 2)

Section: 47 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 46; and
(c) states that the accused person was the driver of the vehicle at the time of the alleged offence,

the court may admit the statement as prima facie evidence of the fact that the accused person was the driver of the
vehicle at the time of the offence.

(2) (Repealed 29 of 1999 s. 2)
(Enacted 1995)


Section: 47A 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



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 20

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: 47B Certificates as to photographic process 29 of 1999 01/09/1999


(1) A document in such form as may be specified by the Commissioner purporting to be signed by a person
duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received
and processed by him shall, together with the photographic prints or photographic enlargements referred to in the
document, be admitted in evidence in any criminal or civil proceedings before any court on its production without
further proof, and-

(a) in the absence of evidence to the contrary, the court before which such document is produced shall
presume that the signature to the document is genuine and that the person signing it was duly
appointed under subsection (2) at the time when he signed it; and

(b) such document shall be evidence of all matters contained in it.
(2) The Company may appoint in writing such persons as it thinks fit to carry out the processing of exposed

film and to sign certificates under subsection (1) in relation to the processing.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks

fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the
document and examine him as to the matter the subject of the document.

(Added 29 of 1999 s. 2)

Section: 48 Proof of plan 30/06/1997


(1) In any proceedings for an offence under this Ordinance, any document purporting to be a copy of the plan
and signed and certified by the Commissioner as being a copy of the plan shall be admissible as evidence of the extent
and boundaries of the toll area.

(2) Where in any proceedings referred to in subsection (1), the document referred to in that subsection is
produced, it shall not be necessary to prove the signature of the Commissioner or that the person who signed it was the
Commissioner on the date of signing.

(Enacted 1995)

Section: 49 Definitions and application 30/06/1997


(1) In this Part-
"driver" (駕駛人), in relation to any motor vehicle, means any person who is in charge of or assisting in the control of

such vehicle;
"driving licence" (駕駛執照) means a licence issued in accordance with regulations made under section 8 of the

Road Traffic Ordinance (Cap 374);
"owner" (車主) includes the person in whose name a vehicle is registered under the Road Traffic Ordinance (Cap



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 21

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;

"toll area control officer" (收費區管理人員) means any person authorized by the Company to act in connection with
the control, restriction and safety of traffic in the toll area.
(2) The powers conferred on a toll area control officer by section 46, other than the power to make a

requirement by serving a notice under subsection (2) of that section, may be exercised only within the toll area.
(Enacted 1995)


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


(Enacted 1995)

Section: 50 Default 37 of 1998 20/11/1998


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 may be
appropriate;

(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 in any material respect to maintain or

operate the Tai Lam Tunnel and Yuen Long Approach Road 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 breach of any provision of the guarantee agreement and such breach is a material

breach and has not been rectified by any other Guarantor or is incapable of being rectified; and
(Amended 37 of 1998 s. 12)

(f) (Repealed 37 of 1998 s. 12)
(g) it fails to pay a financial penalty imposed under section 60 when it is due for payment,

and the expression "default" (失責行為) shall be construed accordingly.
(Enacted 1995)


Section: 51 Defaults capable of remedy 30/06/1997


(1) This section applies in the case of any default which appears to the Secretary to be capable of being
remedied.

(2) In the case of any default to which this section applies, the Secretary shall serve-
(a) in the case of a default arising before the discharge date, on-

(i) the Company;
(ii) the Guarantors; and
(iii) any agent appointed under subsection (3); or

(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 does not include a Guarantor or a
shareholder of the Company.



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 22

(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 1995)

Section: 52 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 51(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) A notice directed under subsection (1) to be served, shall-

(a) in the case of a default arising before the discharge date, be served on the persons specified in section
51(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 51(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 request the Company to show cause, in writing and within 28 days beginning on the date of service, as to
why an order under subsection (5) should not be made.

(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 51, 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 an order under subsection (5) should not be made.

(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 an order under this subsection should not be made, he may, by order-

(a) if it appears to him-
(i) that a notice should have been served under section 51(2) and was not served, or that the terms of

any notice served were unreasonable; and
(ii) that the default is 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;

(b) if it appears to him that the decision of the Secretary for the purposes of subsection (1)(a) that the
Company has failed to comply with a notice served under section 51(2) was not a reasonable decision,
direct that all proceedings in respect of the default which was the subject of that notice be stopped; and

(c) in any other case, but subject to subsection (9), revoke the franchise.
(6) Where the notice under subsection (2) is served as regards a default referred to in section 50(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 makes an order under subsection (5)(c) he may further 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 51(2);
(b) subsection (5)(c) shall be served-

(i) if the default takes place before the discharge date, on the Company and the Guarantors; or



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 23

(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 59(1) has been given, the Governor in Council shall not make an order under subsection (5)(c) until the
determination or, where appropriate, abandonment of the proceedings in respect of which such notice has been given.

(Enacted 1995)

Section: 53 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 54 and 55, 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 52(5)(c); or
(d) the expiry of the franchise period,

whichever event first occurs.
(2) Upon 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 57 shall vest in the Government.
(Enacted 1995)


Section: 54 Liability of the Company and amount payable by the

Government on the vesting in the Government of its assets
30/06/1997



(1) On the cessation of the rights and obligations of the Company under section 53(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 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 55, on the cessation of the rights and obligations of the Company

under section 53(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 53(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.

(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
reduced value of the assets, such amount as may be agreed or determined in accordance with the provisions of that
subsection-

(a) as 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) as the costs incurred by the Government in obtaining the revocation of the franchise under this Part.
(4) No amount shall be payable to the Company under subsection (2) upon the cessation of the rights and

obligations of the Company under-
(a) section 53(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 53(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.

(5) For the avoidance of doubt it is declared that, where the rights and obligations of the Company have ceased
under section 53, no compensation whatsoever other than any compensation payable under subsection (2) or section
55 shall be payable by the Government to the Company under this Ordinance.



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 24

(Enacted 1995)

Section: 55 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 1995)

Section: 56 Government not liable for Company's debts 30/06/1997


The vesting of the assets of the Company in the Government under this Part shall not render the Government
liable for any debts of the Company.

(Enacted 1995)

Section: 57 Meaning of "assets" 30/06/1997


In this Part, "assets" (資產) means the Tai Lam Tunnel and Yuen Long Approach Road and all buildings,
machinery, equipment and plant ancillary to the construction, operation and maintenance thereof.

(Enacted 1995)

Section: 58 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 cease under section 53 pursuant to a revocation of the franchise under section
52(5)(c), the references to "Company" in sections 54(2), 55 and 56 shall be construed as references to the person who
was the franchise holder immediately before such revocation.

(Enacted 1995)

Part: XIII SUPPLEMENTARY 30/06/1997


(Enacted 1995)

Section: 59 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
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" (決定) 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



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 25

51),
and this section shall apply to any such decision.

(Enacted 1995)

Section: 60 Financial penalties 30/06/1997


(1) Subject to subsections (2) and (3), where the Company fails to comply with any requirement of this
Ordinance or is in breach of the project agreement, the Commissioner may, with the approval of the Governor in
Council, impose a financial penalty on the Company in accordance with this section.

(2) The Commissioner shall not impose a financial penalty in respect of any failure to comply with a
requirement in this Ordinance or a breach of the project agreement, where the failure or the breach, as the case may
be, takes place before the operating date and relates to the design or construction of the Tai Lam Tunnel and Yuen
Long Approach Road.

(3) The Commissioner shall not impose a financial penalty in respect of any failure to comply with a
requirement in this Ordinance or a breach of the project agreement unless the Commissioner has notified the Company
of the failure or the breach, as the case may be, and where it is capable of being remedied, afforded the Company a
reasonable opportunity to comply with the requirement or remedy the breach.

(4) Where a financial penalty is imposed, the Commissioner shall serve a notice in writing on the Company
requiring the Company to pay to the Government that financial penalty, the amount of which shall be specified in the
notice, not later than 30 days beginning on the date the notice is served on the Company.

(5) Where a failure or breach referred to in subsection (1) is-
(a) capable of being remedied, the Commissioner may impose in respect of it, a financial penalty of an

amount which shall not exceed $10000 and where the failure or breach continues, a further penalty of
an amount which shall not exceed $10000 for each day it so continues after the date the notice under
subsection (4) is served; and

(b) not capable of being remedied, the following shall apply-
(i) the Commissioner may impose in respect of the failure or breach, a financial penalty of an

amount which shall not exceed-
(A) $20000 on the first occasion;
(B) $50000 on the second occasion; and
(C) $100000 on the third or a subsequent occasion,
on which a financial penalty is imposed on the Company;

(ii) in determining, as regards a particular failure or breach ("the relevant failure or breach"), whether
it is the first, second or the third or a subsequent occasion on which a financial penalty is being
imposed, only occasions, if any, on which a financial penalty has been imposed in respect of a
failure or breach of the same type as the relevant failure or breach shall be taken into account.

(6) The requirement of the approval of the Governor in Council referred to in subsection (1) shall not apply in
relation to the imposition of a further penalty under subsection (5)(a).

(7) A financial penalty shall be recoverable as a debt due to the Government.
(8) The Company shall not take into account any financial penalty paid by it or any legal costs incurred by it in

connection with the recovery of a financial penalty under subsection (7) in calculating its operating costs for the
purpose of determining the Actual Net Revenue for the purposes of Part X.

(9) Nothing in this section shall be construed as affecting the power of the Governor in Council to revoke the
franchise pursuant to sections 50 and 52.

(Enacted 1995)

Section: 61 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.



Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 26

(Enacted 1995)

Section: 62 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 1995)

Section: 63 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 this Ordinance or the project
agreement subject to inspection or approval by a public officer; or

(b) in respect of the maintenance or operation of the Tai Lam Tunnel and Yuen Long Approach Road 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
construction works, or after the operating date, the Tai Lam Tunnel and Yuen Long Approach Road, 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 1995)

Section: 64 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 1995)

Section: 65 (Omitted as spent) 30/06/1997


(Enacted 1995)

Schedule: 1 Tai Lam Tunnel and Yuen Long Approach Road Tolls L.N. 172 of 2015 01/08/2015


[sections 2(1), 27, 28,
30 & 45]


Category Vehicle Toll
$





Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 27

1. Motorcycles, motor tricycles ............................................................. 75
2. Private cars, electrically powered passenger vehicles, taxis .................. 80
3. Public and private light buses ............................................................ 225
4. (a) Light goods vehicles and special purpose vehicles of a permitted gross

vehicle weight not exceeding 5.5 tonnes .......................................


225
(b) In a vehicle specified in paragraph (a), each additional axle in excess of

2 ..
85

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


235

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

85

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


255

(b) In a vehicle specified in paragraph (a), each additional axle in excess of 2 .. 85
7. Public and private single-decked buses .............................................. 225
8. Public and private double-decked buses ............................................ 240

(Schedule 1 replaced L.N. 172 of 2015)

Schedule: 2 Increases in Tai Lam Tunnel and Yuen Long Approach

Road Tolls
E.R. 3 of 2015 12/11/2015



[sections 28 & 44]

Category Vehicle Increase

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


2. Private cars, electrically powered passenger vehicles, taxis ................ 5


3. Public and private light buses ............................................................ 15


4. (a) Light goods vehicles and special purpose vehicles of a permitted gross vehicle

weight not exceeding 5.5 tonnes ...........................
(b) In a vehicle specified in paragraph (a), each additional axle in excess of

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


15


5


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

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




15


5


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

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


15


5


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


15

8. Public and private double-decked buses ............................................. 15
(Format changes—E.R. 3 of 2015)

(Enacted 1995)




Cap 474 - TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD ORDINANCE 28

Schedule: 3 DATES ON WHICH THE COMPANY IS EXPECTED
TO BE ABLE TO EFFECT A TOLL INCREASE

30/06/1997



[section 36]


1 January 2003


1 January 2010


1 January 2017
(Enacted 1995)


Schedule: 4 ESTIMATED NET REVENUE ($000000's) 30/06/1997


[section 36]


Year ending on
31 July in

Minimum Estimated
Net Revenue

Maximum Estimated
Net Revenue

1999 45 202
2000 101 253
2001 149 339
2002 264 430
2003 479 774
2004 648 1095
2005 762 1285
2006 877 1488
2007 1236 1602
2008 1494 1670
2009 1605 1819
2010 1863 2159
2011 2066 2344
2012 2140 2348
2013 2129 2551
2014 2059 2648
2015 1988 2571
2016 1899 2483
2017 2040 2439
2018 2146 2419
2019 2068 2348
2020 1953 2234
2021 1856 2125
2022 1715 1976
2023 1625 1895
2024 1524 1757
2025 929 1098

Note 1: In this Schedule "year" shall be construed with reference to the definition of "year" in section 36 of this
Ordinance.

Note 2: The period specified in the last item of column 1 may be varied in accordance with the project agreement.
(Enacted 1995)

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