Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 28

Closure of tunnel

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

   (a)  unless-

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

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

   (b)  unless-

        (i)    required by the Commissioner, for the reason that it reasonably
               appears to him; or

        (ii)   it appears to the Company, that such closure is necessary due
               to an emergency or an accident or for the safety of persons
               using or employed in the tunnel area or for routine maintenance
               or cleaning.

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

(3) Where the Company effects a closure due to an emergency or an accident the
Company shall make a report to the Commissioner regarding such closure as soon
as practicable after such closure.

(4) Before opening the Western Harbour Crossing or any part thereof after a
closure, the Company shall notify the Commissioner in writing of the date on
and time at which it is intended to be opened, and in the case of a closure
under subsection (1)(a)(i), in addition, obtain the consent of the Director
for the reopening.

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

(6) Notwithstanding anything in this section, the Commissioner may, in
consultation with the Company, determine the circumstances (which may include
closure for the purpose of routine maintenance or on account of an accident
and reopening after such closure) in which any requirement of notification or
reporting in this section may be dispensed with and any such requirement shall
not apply in respect of a closure or reopening after a closure in
circumstances so determined for the time being. (Enacted 1993)