Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 18

Provisions supplementary to sections 16 and 17

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

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

   (a)  any standard required by-

        (i)    the project agreement; or

        (ii)   any relevant approval or exemption under the project 
               agreement; or

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

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

(4) If at any time there exist, in the opinion of the Director, any
circumstances requiring the immediate carrying out of any works which the
Company is or may be required to carry out under section 16 or 17, he may
require the Company to effect the same as soon as reasonably practicable or,
if he thinks fit, he may effect the same with or without notice to the
Company.

(5) Subject to subsection (6), the expense of any works carried out under
section 16 or 17 shall be borne by the Company and, where any such works are
effected by the Director, the expense thereof shall be recoverable from the
Company as a debt due to the Government.

(6) Where a defect remedied under section 16 is a defect which is-

   (a)  a latent defect for the purposes of the project agreement; and

   (b)  in a part of the Western Harbour Crossing not comprised in the
        construction works, the Government shall reimburse the Company in
        accordance with that agreement for the expenses reasonably incurred by
        it in remedying the defect. (Enacted 1993)