Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 32

Power to make bylaws

(Past version on 30/06/1997).

(1) The Company may by bylaw provide for-

   (a)  order and safety, and the prevention or abatement of nuisances in the
        tunnel area;

   (b)  precautions as regards public health or safety in the tunnel  area;

   (c)  the control, restriction and safety of traffic in the tunnel  area;

   (d)  the regulation of the speed of traffic using the tunnel area;

   (e)  the regulation of vehicles which may use the tunnel area, including
        the types, dimensions, condition and loading of such vehicles and
        classes or descriptions of vehicles that are prohibited from using the
        tunnel area;

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

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

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

   (i)  without affecting the generality of paragraph (h)-

        (i)    the installation of any automatic toll collection system
               approved by the Commissioner, and the features, operation and
               control of any such system;

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

        (iii)  the establishment, cancellation or management of financial
               accounts in relation to payment of tolls as described in
               subparagraph

        (ii)   , the charging of a fee in respect thereof, and the refund of
               or evidence of any balance in or amount to the credit of such
               accounts;

   (j)  the towing away or removal of any vehicle or thing causing obstruction
        in the tunnel area and the imposition of charges in respect of any
        such towage or removal and of any storage, detention or service of
        such vehicle or thing;

   (k)  the protection of any property owned or controlled by the Company from
        damage or injury;

   (l)  the employment and organization of personnel provided by the Company
        for the control, restriction and safety of traffic in the tunnel  area
        and approach roads;

   (m)  any other conditions subject to which the tunnel area may be used by
        the public for the passage of motor vehicles; and

   (n)  any other matter relating to the control, operation and management of
        the tunnel area which it is necessary or expedient to provide for.

(2) Where a bylaw made under subsection (1) provides for the issue of a permit
for any purpose, the bylaw may prescribe a fee to be paid in respect of such
permit.

(3) Bylaws made under this section shall be subject to the approval of the
Legislative Council.

(4) Bylaws made under this section may provide that a contravention of any
specified provision thereof shall be an offence and may provide penalties
therefor not exceeding a fine of $5000.

(5) The Company shall cause printed copies of bylaws made and approved under
this section to be kept at the registered office of the Company and to be
available for sale to any person at a reasonable charge.

(6) The Legislative Council may by resolution amend the amount specified in
subsection (4).

(7) Without prejudice to any Ordinance relating to the prosecution of criminal
offences or to the powers of the Secretary for Justice in relation to the
prosecution of criminal offences, prosecutions under any bylaw made under this
section may be brought in the name of the Company. (Amended L.N. 362 of 1997)
(Enacted 1993)