Hong Kong Ordinances

TSING SHA CONTROL AREA ORDINANCE - SECT 2

Interpretation

(1) In this Ordinance, unless the context otherwise requires— “authorized
officer” (獲授權人員) means a person appointed by the Commissioner
under section 9; “Commissioner” means the Commissioner for Transport;
“Control Area” (管制區) means the area delineated as “Tsing Sha
Control Area” on a plan deposited under section 7, and includes—

   (a)  in the case of any road, viaduct, bridge or tunnel wholly located in
        that area, the entirety of that road, viaduct, bridge or tunnel; and

   (b)  in the case of any road, viaduct, bridge or tunnel partially located
        in that area, the part located in that area; “court” (法院)
        includes a magistrate; “dangerous goods” (危險品) has the
        meaning assigned to it by section 2 of the Dangerous Goods Ordinance (
        Cap 295); “Director” means the Director of Highways; “driver”
        (駕駛人), in relation to a vehicle, means any person who is in
        charge of or assisting in the control of the vehicle; “driving
        licence” (駕駛執照) has the meaning assigned to it by section 2
        of the Road Traffic Ordinance ( Cap 374); “function” (職能)
        includes a power and a duty; “gross vehicle weight” (車輛總重)
        has the meaning assigned to it by section 2 of the
        Road Traffic Ordinance ( Cap 374); “installation” (裝置)
        includes—

   (a)  any pipe, conduit, cable or mobile phone transmission system;

   (b)  any traffic sign, light signal, road marking or lantern;

   (c)  any emergency telephone, public address system, image capturing
        device, image recording device or vehicle detection device; “light
        signal” (交通燈) has the meaning assigned to it by regulation
        2(1) of the Road Traffic (Traffic Control) Regulations ( Cap 374 sub.
        leg. G); “management agreement” (管理協議) means an agreement
        entered into by any person with the Government for the management,
        operation or maintenance of the Control Area; “motor vehicle”
        (汽車) has the meaning assigned to it by section 2 of the
        Road Traffic Ordinance ( Cap 374); “operator” (營運者) means a
        person who has entered into a management agreement with the
        Government; “owner” (車主)—

   (a)  in relation to a motor vehicle, means—

        (i)    the registered owner of the vehicle; or

        (ii)   if the vehicle is the subject of a hiring agreement or hire
               purchase agreement, the person in possession of the vehicle
               under the agreement; or

   (b)  in relation to a vehicle other than a motor vehicle, means the person
        who keeps and uses the vehicle; “place” (放置), in relation to a
        road marking, includes paint, mark or affix; “register”
        (登記冊) means the register of vehicles maintained by the
        Commissioner under regulation 4(1) of the
        Road Traffic (Registration and  Licensing of Vehicles) Regulations (
        Cap 374 sub. leg. E); “registered owner” (登記車主), in
        relation to a vehicle, means the person registered as the owner of the
        vehicle under the Road Traffic Ordinance ( Cap 374); “road”
        (道路) has the meaning assigned to it by section 2 of the Road 
        Traffic Ordinance ( Cap 374), and includes the road surface and
        adjacent pedestrian access (if any) of any viaduct, bridge (whether
        comprising one or more levels or decks) or tunnel; “road marking”
        (道路標記) has the meaning assigned to it by section 2 of the
        Road Traffic Ordinance ( Cap 374); “road works” (道路工程) has
        the meaning assigned to it by regulation 2(1) of the
        Road Traffic (Traffic Control) Regulations ( Cap 374 sub. leg. G);
        “Secretary” (局長) means the Secretary for Transport and
        Housing; “toll” (使用費) means a toll prescribed by regulations
        made under section 26 for the use of the toll area; “toll area”
        (收費區) means the part of the Control Area delineated as such on a
        plan deposited under section 7; “toll booth” (收費亭) means any
        structure erected in the Control Area for the purpose of collecting
        tolls; “traffic sign” (交通標誌) has the meaning assigned to
        it by section 2 of the Road Traffic Ordinance ( Cap 374); “tunnel”
        (隧道) means any part of the Control Area delineated as such on a
        plan deposited under section 7; “tunnel area” (隧道範圍) means
        any part of the Control Area delineated as such on a plan deposited
        under section 7; “vehicle” (車輛) has the meaning assigned to it
        by section 2 of the Road  Traffic Ordinance ( Cap 374).

(2) In this Ordinance, a reference to the performance of a function includes
the exercise of a power and the performance or discharge of a duty.

(3) For the avoidance of doubt, if more than one plan has been deposited under
section 7—

   (a)  a reference to “Control Area” in this Ordinance shall be construed
        as a reference to the area delineated as “Tsing Sha Control Area”
        on the plan last so deposited;

   (b)  a reference to “toll area” in this Ordinance shall be construed as
        a reference to the part of the Control Area delineated as “toll
        area” on the plan last so deposited; and

   (c)  a reference to “tunnel” or “tunnel area” in this Ordinance
        shall be construed as a reference to any part of the Control Area
        delineated as “tunnel” or “tunnel area” respectively on the
        plan last so deposited. “authorized officer” (獲授權人員)
        “Commissioner” “Control Area” (管制區) “court” (法院)
        “dangerous goods” (危險品) “Director” “driver”
        (駕駛人) “driving licence” (駕駛執照) “function”
        (職能) “gross vehicle weight” (車輛總重) “installation”
        (裝置) “light signal” (交通燈) “management agreement”
        (管理協議) “motor vehicle” (汽車) “operator” (營運者)
        “owner” (車主) “place” (放置) “register” (登記冊)
        “registered owner” (登記車主) “road” (道路) “road
        marking” (道路標記) “road works” (道路工程)
        “Secretary” (局長) “toll” (使用費) “toll area”
        (收費區) “toll booth” (收費亭) “traffic sign”
        (交通標誌) “tunnel” (隧道) “tunnel area” (隧道範圍)
        “vehicle” (車輛)