Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 66

Directions by the Governor

PART XIII

SUPPLEMENTARY

(1) Where the Company gives notice under the project agreement of its
intention to commence arbitration proceedings concerning a decision which
would result in the Company being held to be in default under Part XII, it
may, within 14 days beginning on the date it gives such notice, apply to the
Governor in writing, to issue directions for the purposes of subsection (2).

(2) Where an application is made under subsection (1)-

   (a)  if it appears to the Governor that the matter referred to arbitration
        by the Company concerns a decision; and

   (b)  any award of the arbitrator upholding such decision would result in
        the Company being held to be in default under Part XII or it appears
        to the Governor that this would be the probable result of such an
        award, the Governor may issue such directions as he thinks fit as
        regards the enforcement of the decision concerned, pending the
        determination or abandonment of the arbitration proceedings, but
        subject to such directions, the decision may be enforced pending such
        determination or abandonment.

(3) In this section-

"decision" (決案) means a requirement, determination or direction made or
issued or refusal of any consent or approval (including refusal to allow an
extension under section 13(b), as read with the project agreement) by any
person acting on behalf of the Government (other than an exercise of the
powers of the Secretary under section 58), and this section shall apply to any
such decision. (Enacted 1993)

"decision" (決案)