Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 6

Prohibition on assignment, etc. of franchise rights

PART III

ASSIGNMENTS, MORTGAGES, ETC.

(1) Subject to section 7, the Company shall not assign, subgrant, underlet or
otherwise dispose of its rights under this Ordinance or enter into an
agreement for such disposal except with the prior consent of the Governor in
Council and in accordance with the terms of such consent.

(2) The Governor in Council shall not withhold consent for any disposal
described in subsection (1), where the Governor in Council is satisfied that
such disposal is necessary or desirable in order to give effect to any
arrangements entered into for the purpose of complying with a notice given
under section 58(2) and that-

   (a)  the arrangements are adequate for that purpose; and

   (b)  the person to whom the rights are to be disposed is a person in whom
        such rights may properly be vested or to whom such rights may properly
        be transferred.

(3) Without affecting the generality of any power of the Governor in Council
under subsection (1), the Governor in Council may, under that subsection,
consent to a disposal which will have the effect of transferring the franchise
from the person who was the Company immediately before such disposal, to
another person.

(4) Where the Governor in Council has consented to any disposal under
subsection (1), and such disposal has had the effect described in subsection
(3), the Secretary shall give notice in the Gazette of the date of such
transfer and the name of the person to whom the franchise was so transferred.
(Enacted 1993)