Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/2002).
(Past version on 01/09/1999).
(Past version on 30/06/1997).

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

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

"approach road" (引道) means any road within the tunnel area for use by
vehicles entering or leaving the tunnel;

"Commissioner" means, subject to subsection (2), the Commissioner for
Transport;

"Committee" (委員會) means the Western Harbour Crossing Toll Stability Fund
Management Committee established under section 38;

"Company" (公司) means-

   (a)  Western Harbour Tunnel Company Limited; or

   (b)  in the event of the franchise being-

        (i)    transferred under section 6 or 7 to; or

        (ii)   vested under section 59 in, a person other than Western Harbour
               Tunnel Company Limited, such other person in place of Western
               Harbour Tunnel Company Limited;

"construction works" (建造工程) means works carried out by or on behalf of
the Company, or required to be carried out by the Company, pursuant to the
project agreement, and any other works ancillary to or incidental to such
works or necessary for the carrying out of such works, but does not include
designing of the works;

"court" (法院、法庭) includes a magistrate; (Added 29 of 1999 s. 2)

"Director" means, subject to subsection (2), the Director of Highways;

"discharge date" (解除責任日期) means the date referred to in the
guarantee  agreement as being the discharge date for the purposes of this
Ordinance;

"franchise" (專營權) means a franchise granted under this Ordinance;

"franchise period" (專營期) means the period beginning on the start of 
construction and ending-

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

   (b)  where applicable, on such later date as is determined in accordance
        with the terms of the project agreement;

"Fund" (基金) means the Western Harbour Crossing Toll Stability Fund
established under section 37;

"guarantee agreement" (保證協議) means the agreement designated as the
guarantee agreement for the purposes of this definition by the Secretary by
notice in the Gazette and any subsequent agreement amending, supplementing or
novating that agreement;

"Guarantors" (保證人) means-

   (a)  Adwood Company Limited;

   (b)  The Cross-Harbour Tunnel Company, Limited; (Amended L.N. 440 of 1993)

   (c)  China Merchants Holdings (Hong Kong) Company Limited;

   (d)  (Repealed 68 of 1995 s. 2)

   (e)  Kerry Holdings Limited;

   (f)  CITIC Pacific Limited, and includes any other person who undertakes
        the obligation of a Guarantor under the guarantee agreement;

"motor vehicle" (汽車) means any mechanically propelled vehicle;

"operating date" (開始經營日期) means the date notified in the Gazette
under section 23(4);

"plan" (圖則) means-

   (a)  the plan numbered WHC TAP/1 signed by the Commissioner and deposited
        in the Land Registry, or

   (b)  any other plan deposited under section 3(3);

"project agreement" (工程項目協議) means the agreement designated as the
project  agreement for the purposes of this definition by the Secretary by
notice in the Gazette and any subsequent agreement amending, supplementing or
novating that agreement;

"Secretary" (局長) means, subject to subsection (2), the Secretary for
Transport and Housing; (Replaced L.N. 106 of 2002. Amended L.N. 130 of 2007)

"start of construction" (開始建造日期) means the date agreed or
determined, under section 12(1);

"toll" (隧道費) means a toll specified in Schedule 1;

"tunnel" (隧道) means the 4 conduits between the portal in Sai Ying Pun and
that in West Kowloon shown on the plan;

"tunnel area" (隧道區) means the area-

   (a)  delineated and marked as such; and

   (b)  the location, extent and boundaries of which are indicated, on the
        plan;

"utility" (公用設施) means any electric power cable, telephone cable or
other cable used in communication, any telecommunications apparatus, any pipe
used in or for the supply of water, gas or oil, or for drainage or sewerage,
together with any duct for such cable or pipe and any apparatus or works
ancillary to such cable, apparatus, pipe or duct;

"Western Harbour Crossing" (西區海底隧道) means the completed tunnel,
approach  roads and associated works within the tunnel area.

(2) Any reference in this Ordinance to the Secretary, the Director or the
Commissioner, in relation to any power, duty or function conferred on, imposed
on or assigned to the Secretary, the Director or the Commissioner, as the case
may be, includes a reference to any public officer whom the Secretary, the
Director or the Commissioner, as the case may be, authorizes to exercise,
discharge or perform such power, duty or function.

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

(4) A reference in this Ordinance to arbitration under the
Arbitration Ordinance ( Cap 341) shall be regarded as a reference to domestic
arbitration for the purposes of Part II of that Ordinance and any reference to
such arbitration shall be conducted in the manner in which a reference to
arbitration is conducted under the project agreement. (Enacted 1993)

"approach road" (引道)

"Commissioner"

"Committee" (委員會)

"Company" (公司)

"construction works" (建造工程)

"court" (法院、法庭)

"Director"

"discharge date" (解除責任日期)

"franchise" (專營權)

"franchise period" (專營期)

"Fund" (基金)

"guarantee agreement" (保證協議)

"Guarantors" (保證人)

"motor vehicle" (汽車)

"operating date" (開始經營日期)

"plan" (圖則)

"project agreement" (工程項目協議)

"Secretary" (局長)

"start of construction" (開始建造日期)

"toll" (隧道費)

"tunnel" (隧道)

"tunnel area" (隧道區)

"utility" (公用設施)

"Western Harbour Crossing" (西區海底隧道)