Hong Kong Ordinances

TSING SHA CONTROL AREA ORDINANCE - SECT 26

Regulations

PART 6

POWERS TO MAKE REGULATIONS AND AMEND SCHEDULE

(1) The Chief Executive in Council may make regulations for all or any of the
following purposes—

   (a)  prescribing, and providing for the payment of, tolls payable for the
        use of the toll area;

   (b)  prescribing, and providing for the payment of, additional charges
        (including surcharges) in respect of any failure to pay a toll or any
        part of a toll;

   (c)  prescribing, and providing for the payment of, fees in respect of the
        escort of vehicles in the Control Area;

   (d)  providing for entitlement to changes given for overpayment of tolls
        and prescribing, and providing for the payment of, administration fees
        in respect of changes given for overpayment of tolls;

   (e)  prescribing, and providing for the payment of, fees in respect of the
        issue of permits for the use of the Control Area by certain vehicles;

   (f)  providing for the payment of fees in respect of the processing of
        applications for permits referred to in paragraph (e) and empowering
        the Commissioner to determine such fees;

   (g)  prescribing, and providing for the payment of, fees and charges in
        respect of the removal, impounding and storage of vehicles under this
        Ordinance;

   (h)  providing for the waiving, exemption, reduction or refund of tolls,
        additional charges (including surcharges), fees or charges prescribed
        by regulations made under this subsection.

(2) The Secretary may make regulations for all or any of the following
purposes—

(a) providing for—

        (i)    the methods of toll collection, including methods other than by
               the collection of cash at toll booths (such as the use of
               automatic toll collection facilities or tickets for the payment
               of tolls); and

        (ii)   connected matters (including but not limited to offences
               relating to the use of automatic toll collection facilities);

   (b)  providing for the functions of an operator in the management,
        operation or maintenance of the Control Area;

   (c)  providing for the classification, design, colour, erection, display,
        placing, operation, maintenance, variation, suspension or removal of
        traffic signs, light signals and road markings in the Control Area;

   (d)  providing for—

        (i)    the removal, detention, sale or disposal of traffic signs,
               light signals and road markings erected, displayed or placed in
               the Control Area without approval or permission;

        (ii)   the recovery of any expenses incurred for or incidental to such
               removal, detention, sale or disposal; and

        (iii)  the payment of the proceeds, if any, of any such sale or
               disposal into the general revenue;

   (e)  providing for the regulation of vehicular and pedestrian traffic and
        passengers on vehicles in the Control Area, whether by traffic signs,
        light signals, road markings or otherwise;

   (f)  regulating the manner of driving and the use of vehicles and the
        equipment and apparatus pertaining to vehicles in the Control Area;

   (g)  regulating the manner in which passengers may be carried on vehicles
        in the Control Area;

   (h)  regulating the use of any road in the Control Area, including but not
        limited to prohibiting either absolutely or during specified hours—

   (i)  the driving of any vehicle or any description of vehicles; or

        (ii)   the use of any vehicle or any description of vehicles in a
               particular manner;

        (i)    providing for the closure of roads in the Control Area;

   (j)  providing for temporary speed limits for any road in the Control Area
        for any vehicle or any description of vehicles;

   (k)  providing for the towing of or drawing of vehicles by motor vehicles
        in the Control Area;

   (l)  regulating the manner of loading vehicles and securing of loads on
        vehicles in the Control Area;

   (m)  providing for the maximum weight to be transmitted to any road in the
        Control Area by any vehicle or any description of vehicles or by any
        part or parts of such a vehicle or vehicles in contact with that road;

   (n)  providing for the control or restriction of animals in the Control
        Area;

   (o)  providing for the escort of vehicles in the Control Area;

   (p)  providing for the exemption of persons, vehicles or any description of
        vehicles from any regulation;

   (q)  authorizing the Commissioner, the Director or the Commissioner of
        Police to exempt persons, vehicles or any description of vehicles from
        any regulation, whether by approval, permit or otherwise;

   (r)  authorizing the Director to determine, and providing for the payment
        and collection of, fees and charges in respect of the provision of
        traffic signs, light signals, road markings or lanterns for use in the
        Control Area;

   (s)  regulating the manner in which road works and other works of repair
        may be carried out in the Control Area;

   (t)  regulating the painting or affixing of any poster, placard or bill or
        other matter in the Control Area;

   (u)  prohibiting the tampering or interference with any installation,
        structure, building, facility, utility, equipment, appliance, vehicle
        or other article in the Control Area;

        (v)    prohibiting the entry to or the presence of any person in any
               building or other facility in the Control Area without approval
               or permission;

   (w)  providing for such other matters as may be necessary or expedient to
        give effect to the provisions of this Ordinance.

(3) Any regulation made under this section may provide that a contravention of
any provision of the regulation constitutes an offence punishable by a fine
not exceeding level 2 and imprisonment for a term not exceeding 6 months.

(4) Any regulation made under this section may—

   (a)  exclude or modify the application to or operation in relation to the
        Control Area of the Road Traffic Ordinance ( Cap 374), the Road 
        Traffic (Driving-offence Points) Ordinance ( Cap 375) or any other
        Ordinance;

   (b)  make different provisions for different circumstances and provide for
        a particular case or class of cases;

   (c)  be made so as to apply only in specified circumstances;

   (d)  prescribe fees for the purposes of the regulation; and

   (e)  contain such incidental, supplementary, consequential, transitional or
        saving provision as may be necessary or expedient in consequence of
        the regulation.