Hong Kong Ordinances

TSING SHA CONTROL AREA ORDINANCE - SECT 25

General provisions relating to financial penalties

(1) A financial penalty imposed under section 24 is recoverable as a civil
debt due to the Government, and may be recovered (in whole or in part) by the
Government—

   (a)  deducting or offsetting any sum that may be payable to an operator
        under a management agreement or otherwise; or

   (b)  enforcing any guarantee or letter of credit provided in accordance
        with a management agreement.

(2) The operator shall not, in calculating his costs for the purpose of
determining any sum payable to him under a management agreement on a
cost-related basis, take into account any financial penalty paid or any legal
costs incurred by him in connection with the recovery of a financial penalty
under subsection (1).

(3) In subsection (2), “cost-related basis” (與成本掛鈎的基準)
means a basis whereby the actual costs incurred by an operator are taken into
account in determining any sum payable by the Government to the operator under
a management agreement.

(4) This section and section 24 do not affect the powers (including rights) of
the Government under a management agreement, including the right to terminate
that management agreement and the right to recover liquidated or unliquidated
damages. “cost-related basis” (與成本掛鈎的基準)