Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 47

Deferment of toll increases

(1) Where in any year ending immediately before a specified date, the
net revenue of the Company is equal to or exceeds the upper estimated 
net revenue for that year, any anticipated toll increase which could have been
given effect to on such specified date if not for this subsection shall be
deferred to 1 January next following the specified date.

(2) Where a toll increase is deferred under subsection (1) and the net revenue
of the Company for the year ending immediately before the date to which it is
deferred is-

   (a)  less than the upper estimated net revenue for that year, the Company
        may give effect to the toll increase on the date it is deferred to
        under subsection (1); or

   (b)  equal to or exceeds the upper estimated net revenue for that year, the
        deferred toll increase shall be further deferred to 1 January next
        following the date on which it could have been given effect to if not
        for this paragraph.

(3) Where a toll increase is further deferred under subsection

(2)(b) or still further deferred under this subsection, and the net  revenue
of the year ending immediately before the date to which it is deferred is-

   (a)  less than the upper 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 upper estimated net revenue for that year, the
        toll increase shall be still further deferred to 1 January next
        following the date on which it could have been given effect to if not
        for this paragraph.

(4) Any entitlement of the Company to give effect to a toll increase deferred
under this section is subject to the provisions of section 49.

(5) Where the Company may give effect, under this section or section 49, to a
toll increase deferred under this section or section 49, as the case may be,
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 1 January next following and
subsections (2), (3) and (4) shall apply in respect of such deferred
anticipated toll increase. (Enacted 1993)