Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 51

Procedure for toll increase

(1) Where the Company may give effect to a toll increase pursuant to this
Part, the Company may, subject to subsection (2), with effect from-

   (a)  the specified date; or

   (b)  the date referred to in section 46(3) or 48(3); or

   (c)  the date on which a deferred or further deferred toll increase may be
        given effect to pursuant to section 47 or 49; or

   (d)  the appropriate date having regard to section 45(6) or subsection (4),
        as may be applicable in the particular case-

        (i)    increase each toll by an amount not exceeding the appropriate 
               anticipated toll increase; or

        (ii)   not increase any toll; or

        (iii)  increase the toll in respect of vehicles of certain categories
               by an amount not exceeding the appropriate anticipated toll 
               increase.

(2) The Company may defer the coming into effect of a toll increase to which
it may give effect to under this Part to such date as may be agreed between
the Company and the Secretary.

(3) Where the Company elects not to increase any toll or to increase any toll
by an amount less than the appropriate anticipated toll  increase, it shall
notify the Secretary and thereupon shall be deemed to have forfeited any right
as regards giving effect to the relevant toll increase, or the amount of such
toll increase to which it has not given effect, as the case may be.

(4) Notwithstanding anything to the contrary in-

   (a)  section 46(3); or

   (b)  section 47 or 49; or

   (c)  section 48(3), as regards the date on which a toll increase which has
        been advanced, deferred or further deferred or which is an additional
        toll increase, as the case may be, may be given effect to, where the
        Secretary is not satisfied with the statement of net revenue for the
        relevant year, and the amount of the net revenue in dispute affects
        the eligibility of the Company to give effect to a toll increase, the
        date on which the toll increase may be given effect to shall be
        determined as specified in section 45(6). (Enacted 1993)