An Ordinance to grant a franchise for the design, construction and operation of a tunnel and associated roads linking Ting Kau to Au Tau; to provide for the maintenance of the works within the area subject to the franchise, the payment of tolls to the franchise holder for the use of that area by motor vehicles and the regulation of vehicular traffic in relation to such use; and for matters ancillary to and connected with those purposes. (Enacted 1995) [26 May 1995] (Originally 33 of 1995) Cap 474 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Tai Lam Tunnel and Yuen Long Approach Road Ordinance. (Enacted 1995) Cap 474 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "Commissioner" means, subject to subsection (2), the Commissioner for Transport; "Committee" (委员会) means the Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund Management Committee established under section 32; "Company" (公司) means- (a) Route 3 (CPS) Company Limited (三号干线(郊野公园段)有限公司); or (b) in the event of the franchise being- (i) transferred under section 6 or 7 to; or (ii) vested under section 52 in, a person other than Route 3 (CPS) Company Limited, such other person in place of Route 3 (CPS) Company Limited;"construction works" (建造工程) means works carried out, by or on behalf of the Company, or required to be carried out by the Company, pursuant to the project agreement and any other works, ancillary to or incidental to such works or necessary for the carrying out of such works but does not include designing of the works; "court" (法院、法庭) includes a magistrate; (Added 29 of 1999 s. 2) "Director" means, subject to subsection (2), the Director of Highways; "discharge date" (解除责任日期) means the date referred to in the guarantee agreement as being the discharge date for the purposes of this Ordinance; "financial penalty" (罚款) means a financial penalty imposed under section 60; "franchise" (专营权) means a franchise granted under this Ordinance; "franchise period" (专营期) means the period beginning on the start of construction and ending on- (a) the 30th anniversary of that date; or (b) where applicable, such later date as may be determined in accordance with the project agreement;"Fund" (基金) means the Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund established under section 31; "guarantee agreement" (保证协议) means the agreement designated as the guarantee agreement for the purposes of this definition by the Secretary by notice in the Gazette and any subsequent agreement amending, supplementing or novating that agreement; "Guarantor" (保证人) means any person who for the time being has undertaken the obligations of a guarantor under the guarantee agreement; "motor vehicle" (汽车) means any mechanically propelled vehicle; "operating date" (开始经营日期) means the date notified in the Gazette under section 18(4); "plan" (图则) means- (a) the plan numbered CPS TAP/1 signed by the Commissioner and deposited in the Land Registry; or (b) any other plan deposited under section 3(4);"project agreement" (工程项目协议) means the agreement designated as the project agreement for the purposes of this definition by the Secretary by notice in the Gazette and any subsequent agreement amending, supplementing or novating that agreement; "Secretary" (局长) means, subject to subsection (2), the Secretary for the Environment, Transport and Works; (Replaced L.N. 106 of 2002) "start of construction" (开始建造日期) means the date agreed or determined under section 12(1); "Tai Lam Tunnel and Yuen Long Approach Road" (大榄隧道及元朗引道) means the completed tunnel (namely, the structure between the portals shown on the plan and consisting of 2 conduits, each containing 3 lanes for traffic and 2 ventilation adits), the roads and associated works within the toll area; "toll" (使用费) means a toll specified in Schedule 1; "toll area" (收费区) means the area- (a) delineated and marked as such; and (b) the location, extent and boundaries of which are indicated,on the plan; "utility" (公用事业设施) means any electric power cable, telephone cable or other cable used in communication, any telecommunications apparatus, any pipe used in or for the supply of water, gas or oil, or for drainage or sewerage, together with any duct for such cable or pipe and any apparatus or works ancillary to such cable, apparatus, pipe or duct. (2) Any reference in this Ordinance to the Secretary, the Director or the Commissioner, in relation to any power, duty or function conferred on, imposed on or assigned to the Secretary, the Director or the Commissioner, as the case may be, includes a reference to any public officer whom the Secretary, the Director or the Commissioner, as the case may be, authorizes to exercise, discharge or perform such power, duty or function. (3) Any power or function conferred on or assigned to the Governor in Council under this Ordinance may be exercised or performed by the Governor where he is of the opinion that the situation in which the power is to be exercised or the function performed is an emergency. (4) For the purpose of sections 22(2), 54(2) and 62(2), "arbitration" (仲裁) means domestic arbitration under Part II of the Arbitration Ordinance (Cap 341), the reference to such arbitration being made in accordance with the requirements of the project agreement. (Enacted 1995) Cap 474 s 3 Variation of plan (1) The Commissioner may, with the agreement of the Company, vary the boundaries of the toll area. (2) Where any boundaries are varied under subsection (1), the Commissioner shall prepare a plan delineating the toll area as so varied and indicating its location, extent and boundaries. (3) The Commissioner shall- (a) assign a number to such plan, sign and date it; (b) deposit it in the Land Registry; and (c) as soon as practicable thereafter, notify in the Gazette that it has been so deposited.(4) Any plan deposited under subsection (3) shall supersede the plan deposited in the Land Registry immediately before that under or by virtue of this Ordinance. (Enacted 1995) Cap 474 s 4 The franchise PART II THE FRANCHISE Subject to this Ordinance, the Company shall have the franchise to- (a) design, construct and complete the construction works; (b) operate the Tai Lam Tunnel and Yuen Long Approach Road from the operating date until the expiry of the franchise period; (c) maintain- (i) the Tai Lam Tunnel and Yuen Long Approach Road (other than that part of the northbound carriageway of the Ting Kau Bridge Viaduct; and that part of the south section of the Slip Road C abutting Tuen Mun Road which are shown and described on the plan as the "operated facilities"); and (ii) that part of the southbound carriageway from the junction of that carriageway with Slip Road C up to the Ting Kau Bridge Viaduct shown and described on the plan as the "maintained facilities", from the operating date until the expiry of the franchise period; and(d) collect the tolls for the use by the public of the Tai Lam Tunnel and Yuen Long Approach Road (within the meaning of section 27(2)), from the operating date until the expiry of the franchise period,in accordance with the project agreement. (Enacted 1995) Cap 474 s 5 Effect of franchise (1) Section 4 shall be construed as conferring on the Company any wayleave or other right necessary for the purposes of the franchise. (2) Subject to subsections (1) and (3), neither this Ordinance nor the franchise shall operate to confer or be construed as conferring on the Company any title, right or interest to, in, under or over the land on which the construction works are, or are to be, constructed or the land which the toll area comprises. (3) Subsection (1) shall not operate to affect or be construed as affecting any agreement- (a) pursuant to which land is to be subsequently leased to the Company for any purpose connected with the franchise; and (b) being an agreement which is declared to be an agreement to which this subsection applies. (Enacted 1995) Cap 474 s 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 51(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 1995) Cap 474 s 7 Mortgages and charges (1) The Company may provide security as regards the payment or repayment of any moneys owing by it under any agreement or arrangement entered into for the purpose of obtaining moneys- (a) to finance or refinance- (i) the designing, carrying out or completion of the construction works; (ii) any undertaking relating to any obligation imposed on the Company by or under this Ordinance or the project agreement; or(b) for such other purposes as the Financial Secretary may permit by prior notice in writing to the Company,by mortgaging, assigning by way of security or otherwise charging any right conferred on it under this Ordinance, or by a similar arrangement and the consent of the Governor in Council shall not be required for any such mortgage, assignment, charge or arrangement. (2) A mortgage, assignment by way of security or other charge referred to in subsection (1) in so far as it relates to a right conferred on the Company shall not be enforced, whether by order of any court or otherwise, except with the prior consent of the Governor in Council and in accordance with the terms or conditions of such consent. (3) Without affecting the generality of any power of the Governor in Council under subsection (2), the Governor in Council may, under that subsection, consent to an enforcement which will have the effect of transferring the franchise from the person who was the Company immediately before such enforcement, to another person. (4) Subsection (2) and section 6(1) shall not apply to any mortgage or assignment by way of security of, charge on or other arrangement relating to, the right of the Company to receive the tolls under Part VIII or the whole or any part of the Company's revenue from such tolls, and which secures any debt or obligation of the Company. (5) Where the Governor in Council has consented to any enforcement under subsection (2), and such enforcement 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 1995) Cap 474 s 8 Directors of the Company PART IV PROVISIONS RELATING TO THE COMPANY (1) A majority of the directors of the Company shall be persons each of whom is ordinarily resident in Hong Kong. (2) The Governor shall have power, notwithstanding any provision of the Companies Ordinance (Cap 32) or any other law, the memorandum or articles of the Company or any other instrument, to appoint 2 directors to the board of directors of the Company. (3) In subsection (1) "ordinarily resident" (通常居于) means residence for not less than 180 days in any calendar year or residence for not less than 300 days in 2 consecutive calendar years. Cap 474 s 9 Powers of Financial Secretary (1) The Financial Secretary or any person authorized in writing by him may- (a) for the purpose of ascertaining- (i) the expenses and the financial arrangements relating to the carrying out of the construction works, incurred or made before the operating date; or (ii) the amount payable into the Fund under Part X; or(b) in order to ascertain the Actual Net Revenue for the purposes of Part X,inspect at any reasonable time books of account, vouchers, receipts or any other record of the Company (including records maintained by the Company in accordance with section 25) and make extracts from any such document or take away any such document for further examination. (2) In subsection (1) "document" (文件) or "record" (纪录) includes a book, voucher, receipt or data material, or information which is recorded in a non-legible form but is capable of being reproduced in a legible form. (Enacted 1995) Cap 474 s 10 Tax provisions For the purposes of Part VI of the Inland Revenue Ordinance (Cap 112), the Company shall be deemed to be the owner- (a) during the period beginning on the start of construction and ending on the day immediately before the operating date, of the construction works; and (b) during the period beginning on the operating date and ending on the expiry of the franchise period or on the cessation of the rights and obligations of the Company under section 53(1) (whichever event first occurs), of the Tai Lam Tunnel and Yuen Long Approach Road. (Enacted 1995) Cap 474 s 11 Construction works to be carried out at the expense of the Company PART V CONSTRUCTION OF THE TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD The Company shall, at its own expense, design and carry out the construction works in accordance with the project agreement and this Ordinance. (Enacted 1995) Cap 474 s 12 Start of construction (1) Except where it is permitted otherwise under the project agreement, the Company shall not commence the construction works before such date as may be agreed between the Director and the Company for the commencement of the construction works or, in the absence of such agreement, as the Director may determine for that purpose. (2) The Director shall notify in the Gazette the date as agreed or determined under subsection (1). (Enacted 1995) Cap 474 s 13 Period within which works must be completed The Company shall complete the construction works within- (a) 38 months beginning on the start of construction; or (b) such extended period as may be allowed by the Director- (i) on any ground specified for that purpose in the project agreement; and (ii) in accordance with that agreement. (Enacted 1995) Cap 474 s 14 Determination of date of completion For the purposes of section 13, the Company shall be deemed to have completed the construction works on the operating date. (Enacted 1995) Cap 474 s 15 Buildings Ordinance not to apply (1) Subject to subsection (2), the Buildings Ordinance (Cap 123) shall not apply in relation to the construction works. (2) The Secretary for Housing, Planning and Lands may, by notice in the Gazette, apply the Buildings Ordinance (Cap 123), or any provision thereof, to any of the construction works, except to works which are civil engineering works. (Amended L.N. 330 of 1999; L.N. 106 of 2002) (Enacted 1995) Cap 474 s 16 Utilities through the toll area PART VI CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT OF THE TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD: REGULATIONS (1) Notwithstanding anything to the contrary in any other Ordinance- (a) the Company shall not install any utility within the toll area without the approval of the Commissioner except in circumstances determined for the time being under subsection (4); and (b) any other person shall not install any utility within the toll area without the consent of the Company.(2) The Company shall not give consent for the purpose of subsection (1)(b) unless the Commissioner has previously approved the giving of consent and the terms and conditions (other than a term or condition relating to charges), if any, subject to which consent is to be given. (3) The Commissioner may, in granting approval under subsection (1)(a), impose such conditions as he considers appropriate in relation to the installation by the Company of any utility within the toll area and the subsequent use by any other person of such utility. (4) The Commissioner may, for the purposes of subsection (1)(a), determine, in consultation with the Company, the circumstances in which his approval is not required for installation of utilities in the toll area, by the Company. (5) The Commissioner shall not grant his approval under subsection (1)(a) or (2) or make a determination under subsection (4) unless he is satisfied that the safety of persons using or employed in the toll area or its vicinity, and the passage of motor vehicles through the toll area, will not be adversely affected by such installation or the making of or the terms of such determination, as the case may be. (6) For the purposes of this section, in so far as it is reasonably practicable and feasible to do so, the Company shall treat all applications for the installation of utilities within the toll area- (a) fairly and in a similar manner; and (b) shall, subject to subsection (2), impose similar terms and conditions (including charges), as regards such installation.(7) Subsection (6) shall not be construed as preventing the Company, after considering an application referred to in that subsection- (a) from refusing to consent to the relevant installation for the reason that the application- (i) is not made in good faith; or (ii) is made by a person who has no real interest in such installation; or(b) from imposing any condition as regards an application where it is reasonable to do so.(8) The Company shall afford, to the owner or person having the control of any utility in the toll area, reasonable access to such utility. (Enacted 1995) Cap 474 s 17 Power to make regulations (1) The Secretary for the Environment, Transport and Works may by regulation- (Amended L.N. 106 of 2002) (a) specify requirements in relation to the provision by the Company of adequate, efficient, safe and continuous facilities for the passage of motor vehicles through the toll area; (b) in relation to the safety of persons using or employed in the toll area, specify requirements to be complied with by the Company and make other provision including requirements or provisions relating to fire hazards or prevention of concentration of carbon monoxide or other dangerous gases; (c) specify requirements to be complied with by the Company and make other provision, regarding lighting, including emergency lighting and visibility in the toll area; (d) provide for the regulation of the noise level generated by any ventilation plant associated with the Tai Lam Tunnel and Yuen Long Approach Road; (e) provide for the powers of the personnel provided by the Company for the control, restriction and safety of traffic in the toll area; (f) provide for the circumstances under and extent to which police officers may take over the control and restriction of traffic in the toll area; (g) regulate the priority of vehicles passing through the toll area; (h) provide for any records to be kept by the Company in addition to those specified in section 25; (i) require the Company to provide signs of such description, specifications and other particulars as may be specified in the regulation to indicate the toll area and the application of the regulation in respect of that area; (j) prescribe anything which under this Ordinance is to be or may be prescribed; and (k) provide for such other matters as may be necessary or expedient to carry out effectively the provisions of this Ordinance.(2) Regulations made under subsection (1) may provide that the provision of any facility or compliance with any requirement under the regulations shall be to the satisfaction of such authority as may be specified in the regulations in relation thereto. (Enacted 1995) Cap 474 s 18 Operating date PART VII TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD (1) The Tai Lam Tunnel and Yuen Long Approach Road shall be opened for use by the public on a date determined by the Commissioner in accordance with this section. (2) Without prejudice to section 14, when, in the opinion of the Director, the construction works are substantially completed, he shall issue a certificate to that effect to the Commissioner and the Company. (3) The Commissioner shall take such steps as he considers appropriate to satisfy himself that the Tai Lam Tunnel and Yuen Long Approach Road are fit for public use and if so satisfied, as soon as practicable after receipt of the certificate issued to him under subsection (2), determine a date which is the soonest practical date, for the purposes of subsection (1). (4) The Commissioner shall notify in the Gazette the date determined under subsection (3). (Enacted 1995) Cap 474 s 19 Company to provide facilities in Tai Lam Tunnel and Yuen Long Approach Road (1) Subject to this Ordinance, on and from the operating date and until the expiry of the franchise period, the Company shall provide and operate adequate, efficient and safe facilities and provide adequate and efficient personnel, to the satisfaction of the Commissioner, for the passage of motor vehicles through and along the Tai Lam Tunnel and Yuen Long Approach Road and the control and safety of motor vehicles and persons in the toll area. (2) The provision and operation of such facilities and the provision of such personnel shall be at the expense of the Company. (Enacted 1995) Cap 474 s 20 Right to use Tai Lam Tunnel and Yuen Long Approach Road (1) Subject to this Ordinance, the Tai Lam Tunnel and Yuen Long Approach Road shall be made available for use for the passage of motor vehicles upon payment of the tolls. (2) The Company shall not prevent or refuse the use of the Tai Lam Tunnel and Yuen Long Approach Road for the purpose described in subsection (1) other than on reasonable grounds. (Enacted 1995) Cap 474 s 21 Application of other laws (1) Save to the extent of any inconsistency with any regulations made under section 17 or bylaws made under section 26, the provisions of the Road Traffic Ordinance (Cap 374) shall apply to the roads in the toll area as if they were roads within the meaning of that Ordinance. (2) The toll area shall be a public place for the purposes of any law. (Enacted 1995) Cap 474 s 22 Operation of toll area by Government (1) The Governor in Council may, if satisfied that it is necessary to do so in the interests of public security, order that the Government shall take over the operation of the toll area or any part thereof together with such of the facilities of the Company as is necessary for that purpose, and continue such operation until the Governor in Council otherwise orders. (2) The Government shall pay to the Company for any loss or damage suffered by the Company by reason of any order under subsection (1), such amount as may be agreed between the Government and the Company, or in default of such agreement such amount as may be determined by arbitration. (3) When computing the franchise period, any period during which the Government operates the toll area or any part of that area shall be regarded as part of the franchise period. (4) Without affecting the generality of subsection (1), the Government may, in operating the toll area pursuant to an order under that subsection, close the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof. (Enacted 1995) Cap 474 s 23 Closure of Tai Lam Tunnel and Yuen Long Approach Road (1) The Company shall not close the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof to the public- (a) unless- (i) required by the Director for the reason that it reasonably appears to him; or (ii) it appears to the Company, that such closure is necessary to enable any works to be carried out pursuant to any obligation imposed by or under this Ordinance or the project agreement; or(b) unless- (i) required by the Commissioner for the reason that it appears to him; or (ii) it appears to the Company, that such closure is necessary due to an emergency or an accident or for the safety of persons using or employed in the toll area or for routine maintenance or cleaning.(2) Before closing the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof under subsection (1)(a) or (b)(ii), the Company shall, except in the case of a closure due to an emergency or an accident, notify the Commissioner of the intended closure and the relevant particulars, including the period for (with dates and times) and the extent to which it is intended to be closed. (3) Where the Company effects a closure due to an emergency or an accident the Company shall make a report to the Commissioner regarding such closure as soon as practicable after such closure. (4) Before opening the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof after a closure, the Company shall notify the Commissioner in writing of the date on and time at which it is intended to be opened, and in the case of a closure under subsection (1)(a)(i), in addition, obtain the consent of the Director for the reopening. (5) Where the Company effects a closure under this section, or where it opens the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof after a closure, the Company shall inform the Commissioner, as soon as practicable, in the event of any change relating to the particulars supplied under subsection (2) or (4). (6) Notwithstanding anything in this section, the Commissioner may, in consultation with the Company, determine the circumstances (which may include closure for the purpose of routine maintenance or on account of an accident and reopening after such closure) in which any requirement of notification or reporting in this section may be dispensed with and any such requirement shall not apply in respect of a closure or reopening after a closure in circumstances so determined for the time being. (Enacted 1995) Cap 474 s 24 Advertising in toll area (1) The Company may, with the prior approval of the Commissioner in writing, use, or permit the use of any part of the toll area for advertising purposes on such conditions, including conditions, if any, relating to charges, as it may determine. (2) Part IX of the Public Health and Municipal Services Ordinance (Cap 132) shall not apply to the use of any part of the toll area for advertising purposes. (3) The Commissioner shall not give approval under subsection (1) where- (a) it appears to him that the safety of persons using or employed in the toll area or its vicinity, or the passage of vehicles through the toll area, will be adversely affected by such advertising; or (b) the Commissioner or the Director considers that such advertising is inappropriate.(4) Subject to subsection (5) any approval given under subsection (1) shall be valid for a period of 3 years beginning on the date it is given and shall expire at the end of that period. (5) The Commissioner may at any time withdraw, generally or as regards a particular advertisement or advertisements, any approval given under subsection (1), if it appears to him that advertising in the toll area or the display of a particular advertisement or advertisements adversely affects the safety of persons using or employed in the toll area or its vicinity or the passage of vehicles through the toll area. (6) Where the Commissioner withdraws any approval under subsection (5), the Company shall cause any advertisement as regards which approval is withdrawn to be removed within such period as the Commissioner considers reasonable in the particular case. (7) Where the Commissioner acts in accordance with subsections (5) and (6), no claim shall be made against the Government for the cost of any removal under subsection (6) or in respect of any other matter relating to the withdrawal of approval under subsection (5). (Enacted 1995) Cap 474 s 25 Records and information (1) The Company shall maintain the following records- (a) an up-to-date set of drawings of the construction works, which shall show alterations (including additions), if any, made to the construction works; (b) the times at or periods during which each toll gate in the toll area is open; (c) the number of motor vehicles using the Tai Lam Tunnel and Yuen Long Approach Road specifying the different classes of such vehicles and their direction, and providing continuous and cumulative figures thereof; (d) particulars relating to payment of tolls as described in section 26(1)(i); (e) without affecting the generality of paragraph (d), the amount collected as tolls and the numbers and prices of toll tickets issued, if any; (f) statistics of all accidents to and stoppages of traffic in the toll area; (g) statistics of offences committed in the toll area and prosecutions under section 26(5); and (h) particulars relating to the employment of personnel in connection with the operation of the Tai Lam Tunnel and Yuen Long Approach Road, including the nature of such employment, and the places and the times at which the personnel are so employed.(2) The Commissioner may inspect, examine or make copies of any record or supporting accounts kept by the Company, and the Company shall afford such facilities for inspection, examination or copying to the Commissioner as may be required by him. (3) For the purpose of enabling the Commissioner to ascertain whether any arrangements have been, or are to be made by the Company for the discharge of its obligations under this Part, Part IV or VIII or any regulations made under section 17, the Company shall, at the request of the Commissioner, as soon as reasonably practicable, furnish him with information relevant to such discharge, including information relating to the organization of the Company, as he may require. (Enacted 1995) Cap 474 s 26 Power to make bylaws (1) Subject to subsection (2), the Company may by bylaw provide for- (a) the order and safety, and the prevention or abatement of nuisances in the toll area; (b) the precautions as regards public health or safety in the toll area; (c) the control, restriction and safety of traffic in the toll area; (d) the regulation of the speed of traffic using the toll area; (e) the regulation of vehicles which may use the toll area, including the types, dimensions, condition and loading of such vehicles and classes or descriptions of vehicles that are prohibited from using the toll area; (f) the prohibition or regulation otherwise of the use by vehicles in the toll area of lights, horns, sirens and other equipment; (g) the prohibition or regulation otherwise of the carriage into or through the toll area of any offensive, noxious or dangerous goods; (h) the collection of tolls in respect of the use of the Tai Lam Tunnel and Yuen Long Approach Road and the purchase, issue and collection of toll tickets in respect of such use; (i) without affecting the generality of paragraph (h)- (i) the installation of any automatic toll collection system approved by the Commissioner, and the features, operation and control of any such system; (ii) the payment of tolls by electronic means or devices, including electronic toll passes and the issue, withdrawal, cancellation, surrender or replacement of such passes or other devices and the regulation of their use (including the prohibition of interference with, damage to, defacement of or alteration of such passes or other devices); or (iii) the establishment, cancellation or management of financial accounts in relation to payment of tolls as described in subparagraph (ii), the charging of a fee in respect thereof, and the refund of or evidence of any balance in or amount to the credit of such accounts;(j) the towing away or removal of any vehicle or thing causing obstruction in the toll area and the imposition of charges in respect of any such towage or removal and of any storage, detention or service of such vehicle or thing; (k) the protection of any property owned or controlled by the Company from damage or injury; (l) the employment and organization of personnel provided by the Company for the control, restriction and safety of traffic in the toll area; (m) any other conditions subject to which the toll area may be used by the public for the passage of motor vehicles; and (n) any other matter relating to the control, operation and management of the toll area which it is necessary or expedient to provide for.(2) (a) Bylaws under subsection (1)(c) may only be made after consultation with the Commissioner. (b) The Commissioner may by notice in writing direct the Company to make bylaws relating to the safety of persons using or employed in the toll area and the Company shall comply with any such direction.(3) Where a bylaw made under subsection (1) provides for the issue of a permit for any purpose, the bylaw may prescribe a fee to be paid in respect of such permit. (4) Bylaws made under this section shall be subject to the approval of the Legislative Council. (5) Bylaws made under this section may provide that a contravention of any specified provision thereof shall be an offence and may provide penalties therefor not exceeding a fine at level 2. (6) The Company shall cause printed copies of bylaws made and approved under this section to be kept at the registered office of the Company and to be available for sale to any person at a reasonable charge. (7) Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions under any bylaw made under this section may be brought by the Company in the name of the Company. (Amended L.N. 362 of 1997) (Enacted 1995) Cap 474 s 27 Company to charge approved tolls for use of Tai Lam Tunnel and Yuen Long Approach Road PART VIII COLLECTION OF TOLLS (1) Subject to this Ordinance, the Company may, from the operating date until the expiry of the franchise period, demand and collect in respect of the passage of motor vehicles through the Tai Lam Tunnel and along the Yuen Long Approach Road, the tolls specified in Schedule 1. (2) For the purposes of subsection (1)- "Tai Lam Tunnel" (大榄隧道) means the tunnel, more particularly described in the project agreement, extending under the Tai Lam Country Park from Ting Kau in the south, to Ho Pui in the north; "Yuen Long Approach Road" (元朗引道) means the road, more particularly described in the project agreement, linking the Tai Lam Tunnel and the New Territories Circular Road at Au Tau and includes any part of such road. (Enacted 1995) Cap 474 s 28 Description of motor vehicles The description of motor vehicles mentioned in Schedules 1 and 2 shall be interpreted in accordance with the definitions and classes of motor vehicles mentioned in section 2 of the Road Traffic Ordinance (Cap 374). (Enacted 1995) Cap 474 s 29 Display of notices of tolls and sale thereof (1) The Company shall, to the satisfaction of the Commissioner, cause to be displayed at entrances to the toll area, in conspicuous places, notices stating the toll payable in respect of each category of motor vehicle. (2) The Company shall cause printed copies of a list of the tolls chargeable by the Company at any given time to be kept at the registered office of the Company and to be available for sale to any person at a reasonable charge. (Enacted 1995) Cap 474 s 30 Company may not charge tolls greater than those as fixed or varied The Company shall not charge in respect of a motor vehicle a toll greater than the toll which is appropriate having regard to Schedule 1. (Enacted 1995) Cap 474 s 31 Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund PART IX TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD TOLL STABILITY FUND (1) There is hereby established a fund to be known as the Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund. (2) The Fund shall consist of- (a) moneys paid into the Fund under section 38; (b) any other moneys paid by the Company into the Fund under the project agreement; and (c) interest or other income derived from the moneys of the Fund.(3) The Committee- (a) shall- (i) administer the Fund; and (ii) apply the moneys of the Fund, in accordance with this Part and section 43; and(b) may pay from the moneys of the Fund the cost of administering the Fund.(4) Where at any time the Financial Secretary is of the opinion that the moneys in the Fund are in excess of the Committee to pay an amount, being an amount which he considers to be so in excess and specified by him, into the general revenue. (5) The Committee shall comply with any requirement made under subsection (4). (Enacted 1995) Cap 474 s 32 Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund Management Committee (1) There is hereby established as a body corporate a body to be known as the Tai Lam Tunnel and Yuen Long Approach Road Toll Stability Fund Management Committee, which may in that name sue and be sued. (2) The Committee shall provide itself with a common seal and the affixing of the seal shall be authenticated by the Chairman or a member referred to in subsection (3)(b) or (c) as may be authorized by the Chairman for the purpose. (3) The Committee shall consist of- (a) the Secretary for Financial Services and the Treasury who shall be the Chairman of the Committee (in this Part referred to as the "Chairman"); (Amended L.N. 106 of 2002) (b) the Secretary for the Environment, Transport and Works; and (Amended L.N. 106 of 2002) (c) the Director of Accounting Services.(4) At any meeting of the Committee- (a) there shall be a quorum of 2 members; (b) all questions arising for determination shall be decided by a majority of the votes of the members present and voting; and (c) in the event of an equality of votes, the Chairman shall have a casting vote.(5) The moneys constituting the Fund shall be placed with the Exchange Fund or deposited in a separate interest bearing bank account opened and maintained by the Committee in any authorized institution registered or licensed under the Banking Ordinance (Cap 155). (6) Subject to this section, the Committee may determine its own procedure. (Enacted 1995) Cap 474 s 33 Advisers and consultants (1) The Committee may engage any such advisers or consultants as it considers necessary or expedient for any purpose connected with or arising from the administration of the Fund. (2) Any fees due to a person engaged under subsection (1) may be paid out of the Fund. (Enacted 1995) Cap 474 s 34 Accounts (1) The Committee shall- (a) keep proper accounts and records of its financial transactions; and (b) as soon as practicable after the expiry of a financial year prepare a statement of accounts which shall- (i) include an income and expenditure account and a balance sheet; and (ii) be signed by the Chairman.(2) A statement of accounts referred to in subsection (1) shall be audited by an auditor appointed by the Committee. (3) The auditor may prepare a report on the statement of accounts and, if he does so, shall certify the statement subject to such report. (4) The Committee shall cause a copy of the audited statement of accounts, together with the report under subsection (3), if any, and a report by the Committee on the administration of the Fund during the period to which the statements relates, to be laid on the table of the Legislative Council not later than 31 December next following the end of the financial year or such later date as the Governor may allow in a particular case. (5) In this section "financial year" (财政年度) has the meaning assigned to "year" by section 36. (Enacted 1995) Cap 474 s 35 Cessation of Committee (1) Upon the cessation of the rights and obligations of the Company under section 53(1)- (a) the Committee and the Fund shall cease to exist, except to the extent of giving effect to paragraph (b); and (b) the Committee shall pay into the general revenue the moneys constituting the Fund as at the date of such cessation.(2) Upon the Committee and the Fund ceasing to exist under subsection (1), the provisions of this Part and of Part X relating to the Committee or the Fund shall cease to have effect. (3) Subsection (1) or (2) shall not operate to affect anything done or any right, obligation or liability acquired, accrued or incurred before such cessation or the institution, continuance or enforcement of any legal proceeding, arbitration or remedy in respect of such right, obligation or liability. (Enacted 1995) Cap 474 s 36 Definitions PART X ACCOUNTS AND TOLL INCREASES (1) In this Part, unless the context otherwise requires- "Actual Net Revenue" (实际净收入) means, in relation to any year, the gross revenue from whatever source of the Company for that year (other than any revenue or other receipt of a capital nature received in respect of any act, event, omission or circumstance which occurred after the start of construction but on or before the operating date and interest income) calculated on an accruals basis in accordance with the Company's normal accounting principles less- (a) interest expense; and (b) operating costs for that year,all as calculated and adjusted (if appropriate) in accordance with the provisions in the project agreement for the computation of net revenue;"anticipated toll increase" (预期的使用费增加) is a toll increase which the Company expects to be eligible to give effect to pursuant to section 39(1); "Maximum Estimated Net Revenue" (最高估计净收入) means, in relation to any year- (a) the amount specified in column 3 of Schedule 4 as the Maximum Estimated Net Revenue for that year; or (b) where pursuant to the project agreement any such amount is adjusted, the amount as so adjusted;"Minimum Estimated Net Revenue" (最低估计净收入) means, in relation to any year- (a) the amount specified in column 2 of Schedule 4 as the Minimum Estimated Net Revenue for that year; or (b) where pursuant to the project agreement any such amount is adjusted, the amount as so adjusted;"specified date" (指明日期) means a date specified in Schedule 3; "year" (年度) means, subject to Note 2 of Schedule 4- (a) if the operating date is- (i) 1 August; or (ii) 30 September; or (iii) a date between 1 August and 30 September, in 1998 or any subsequent calendar year, the period beginning on such operating date and ending on 31 July next following and each period of 12 months beginning on 1 August thereafter;(b) if the operating date is before 1 August 1998, the period beginning on such operating date or 1 June 1998, whichever is later, and ending on 31 July 1999 and each period of 12 months beginning on 1 August thereafter; and (c) if the operating date is- (i) after 30 September in 1998 or any subsequent calendar year; or (ii) before 1 August in 1999 or any subsequent calendar year, the period of 12 months beginning on 1 August next following such operating date and each period of 12 months beginning on 1 August thereafter.(2) In the definition of Actual Net Revenue, "interest income" (利息入息), "interest expense" (利息开支) and "operating costs" (经营成本) have the meanings respectively assigned to them in the project agreement. (Enacted 1995) Cap 474 s 37 Submission of statement of Actual Net Revenue (1) Not later than 30 days after the end of a year or such longer period as the Secretary may allow in a particular case, the Company shall submit to the Secretary a statement of its Actual Net Revenue for that year audited by an auditor appointed by the Company. (2) Not later than- (a) 90 days after the end of each year; or (b) 60 days beginning on the date a statement of Actual Net Revenue is received under subsection (1),whichever is later, the Secretary shall inform the Company whether or not he is satisfied with the statement of Actual Net Revenue. (3) The Secretary shall make a decision in respect of the statement of Actual Net Revenue for the purposes of subsection (2) in accordance with the relevant provisions in the project agreement. (4) The Secretary may, after the receipt of the statement of Actual Net Revenue, require from the Company further information relating to the statement and the Company shall comply with any such requirement as soon as practicable. (5) If the Secretary informs the Company under subsection (2) that he is not satisfied with the statement of Actual Net Revenue, and an agreement cannot be reached as to the statement by negotiation between the Secretary and the Company in accordance with the terms of the project agreement, the matter shall be referred for resolution to an independent expert appointed for the purpose in accordance with the project agreement, and the decision of such expert shall be final as regards any matter relating to the statement of Actual Net Revenue. (Enacted 1995) Cap 474 s 38 Payments into the Fund (1) If the Actual Net Revenue of the Company for any year exceeds the Maximum Estimated Net Revenue for that year, the Company shall pay into the Fund the difference between the Actual Net Revenue and the Maximum Estimated Net Revenue. (2) A payment due under subsection (1) shall be made not later than 31 December next following the end of the year to which the payment relates or such later date as may be appropriate having regard to the project agreement. (Enacted 1995) Cap 474 s 39 Giving effect to anticipated toll increases (1) Subject to and in accordance with this Part and the project agreement, the Company may, during the franchise period, give effect to a toll increase on each specified date. (2) If the Actual Net Revenue of the Company for the year immediately preceding the year in which a specified date occurs, is less than its Maximum Estimated Net Revenue for that year, the Company may apply in writing to the Secretary to increase the tolls by the amount of the appropriate anticipated toll increase. (3) An application under subsection (2) shall be made at the same time the statement of Actual Net Revenue for the relevant year is submitted under section 37(1). (4) Where the Secretary receives an application under subsection (3), he shall, subject to subsection (5), inform the Company, not later than 21 days before the day on which an anticipated toll increase, if given effect to, may take place either- (a) that it may give effect to the appropriate toll increase; or (b) that a payment shall be made under section 43 to the Company from the Fund.(5) If the Secretary is not satisfied with the statement of Actual Net Revenue submitted for a year in respect of which an application under this section is made- (a) where the amount of the Actual Net Revenue in dispute does not affect the eligibility of the Company to give effect to a toll increase under this Part, subsection (4) shall apply; and (b) in any other case, if after negotiation or reference to an independent expert as described in section 37(5)- (i) it is agreed that the amount of the Actual Net Revenue; or (ii) the decision of the expert as regards the amount of the Actual Net Revenue, as the case may be, is such as to render the Company eligible for a toll increase under this Part, the Secretary shall inform the Company not later than 21 days before the day on which the toll increase may be given effect to, that the Company may give effect to a toll increase or that a payment shall be made under section 43 to the Company from the Fund.(6) For the purposes of subsection (5)(b), the date on which a toll increase may be given effect to is the date on which under the terms of the project agreement, a toll increase, if any, may be given effect to after- (a) an agreement is reached as regards a statement of Actual Net Revenue by negotiation between the Secretary and the Company; or (b) a determination is made by an expert as regards such a statement,as may be appropriate. (Enacted 1995) Cap 474 s 40 Advancement of toll increases (1) If the Actual Net Revenue of the Company for any year is less than the Minimum Estimated Net Revenue for that year, and that year is not a year immediately preceding a year in which a specified date occurs, the Company may apply to the Secretary to give effect to the next anticipated toll increase. (2) Section 39(3), (4), (5) and (6) shall apply in relation to an application under subsection (1). (3) The date on which a toll increase under subsection (1) can be given effect to is 1 January next following the year in respect of which the Company makes the application under subsection (1). (Enacted 1995) Cap 474 s 41 Deferment of toll increases (1) If in any year, being a year immediately preceding a year in which a specified date occurs, the Actual Net Revenue of the Company is equal to or exceeds the Maximum Estimated Net Revenue for that year, any anticipated toll increase which it could have given effect to on such specified date if not for this subsection shall be deferred to the date ("deferred date") occurring 12 months from the specified date. (2) Where an anticipated toll increase is deferred under subsection (1) and the Actual Net Revenue of the Company for the year immediately preceding the year in which the deferred date occurs is- (a) less than the Maximum Estimated Net Revenue for that year, the Company may give effect to the toll increase on the deferred date; or (b) equal to or exceeds the Maximum Estimated Net Revenue for that year, the deferred anticipated toll increase shall be further deferred to the date ("further deferred date") occurring 12 months from the deferred date.(3) Where an anticipated toll increase is further deferred under subsection (2)(b) or still further deferred under this subsection, and the Actual Net Revenue for the year immediately preceding the year in which the further deferred date or the date to which the anticipated toll increase is still further deferred occurs is- (a) less than the Maximum Estimated Net Revenue for that year, the Company may give effect to the toll increase on that date; or (b) equal to or exceeds the Maximum Estimated Net Revenue for that year, the deferred anticipated toll increase shall be still further deferred to the date occurring 12 months from- (i) the further deferred date; or (ii) the date to which it is still further deferred under this subsection, as the case may be.(4) Any entitlement of the Company to give effect to a toll increase deferred under this section is subject to the provisions of section 43. (5) Where the Company may give effect under this section to a toll increase deferred under this section on a specified date on which the Company may, if not for this subsection, also give effect to the relevant anticipated toll increase, the anticipated toll increase shall be deferred to the date occurring 12 months from the specified date and subsections (2), (3) and (4) shall apply in respect of such deferred toll increase. (Enacted 1995) Cap 474 s 42 Creation of additional toll increases (1) Where the Company has given effect to all the anticipated toll increases pursuant to in section 39(1) or 40(1) and the Actual Net Revenue of the Company for any year occurring before the expiry of the franchise period is less than its Minimum Estimated Net Revenue for that year, the Company may apply to the Secretary to give effect to an additional toll increase. (2) Section 39(3), (4), (5) and (6) shall apply in relation to an application under subsection (1). (3) The date on which a toll increase applied for under subsection (1), if permitted, may be given effect to is 1 January next following the year in respect of which the application is made. (Enacted 1995) Cap 474 s 43 Payments from the Fund (1) The Committee may pay from the Fund to the Company, in respect of a year immediately preceding a year in which- (a) a specified date; or (b) a date to which a toll increase is deferred ("deferred date") or further deferred ("further deferred date") or still further deferred under section 41(1), (2) or (3),occurs, an amount equal to the difference between its Actual Net Revenue and the Maximum Estimated Net Revenue for the year concerned. (2) A payment, if any, under- (a) subsection (1)(a) shall be made not later than the relevant specified date; and (b) subsection (1)(b) shall be made not later than the deferred date or further deferred date or the date to which the anticipated toll increase is still further deferred, as the case may be,or such later date as may be appropriate having regard to the project agreement. (3) Where a payment is made under subsection (1), the Company shall not give effect to the toll increase which it could have otherwise given effect to and the toll increase shall be deferred to the date occurring 12 months from the specified date, the deferred date or the further deferred date or the date to which the anticipated toll increase is still further deferred, as the case may be. (4) Where a toll increase is deferred under subsection (3) or is further deferred or still further deferred under this subsection or subsection (5) and the and the Actual Net Revenue of the Company for the year immediately preceding the year in which the date to which the anticipated toll increase is deferred, further deferred or still further deferred, as the case may be, occurs is- (a) less than the Maximum Estimated Net Revenue for that year, the Company may give effect to a toll increase; or (b) equal to or exceeds the Maximum Estimated Net Revenue for that year, the toll increase shall be deferred to 1 January next following the date on which it could have been given effect to if not for this paragraph.(5) Where the Company may give effect to a toll increase under subsection (4)(a) in respect of any year, the Committee may pay to the Company from the Fund the difference between the Actual Net Revenue and the Maximum Estimated Net Revenue for that year and the toll increase which it could have given effect to if not for this subsection shall be deferred to 1 January next following. (6) The Committee may pay to the Company from the Fund in respect of any year- (a) which is not a year immediately preceding a year in which- (i) a specified date occurs; or (ii) a deferred date or a further deferred date or a date to which the anticipated toll increase is deferred, further deferred or still further deferred occurs as a result of section 41 or this section; and(b) for which the Actual Net Revenue of the Company is less than its Minimum Estimated Net Revenue,an amount equal to the difference between the Actual Net Revenue and the Minimum Estimated Net Revenue for that year. (7) Where a payment is made under subsection (6), the Company shall not, in respect of that year, advance an anticipated toll increase under section 40(1) or where applicable give effect to an additional toll increase under section 42. (8) Any payment under subsection (5) or (6) shall be made not later than the date on which the anticipated toll increase or the additional toll increase, as the case may be, could have been given effect to if not for those subsections or such later date as may be appropriate having regard to the project agreement. (9) Where the Company wishes to give effect to a toll increase to which it may give effect under section 41(2)(a) or (3)(a) or subsection (4)(a), it shall apply in writing to the Secretary to increase the tolls. (10) Section 39(3), (4), (5) and (6) shall apply in relation to an application under subsection (9). (Enacted 1995) Cap 474 s 44 Procedure for and amount of toll increase (1) Where the Company may give effect to a toll increase pursuant to this Part, the Company may, subject to subsection (2), with effect from- (a) the specified date; or (b) the date referred to in section 40(3) or 42(3); or (c) the date on which a deferred, further deferred or still further deferred anticipated toll increase may be given effect to pursuant to section 41 or 43; or (d) the appropriate date having regard to section 39(6) or subsection (4),as may be applicable in the particular case- (i) increase each toll by an amount not exceeding that referred to in subsection (5); or (ii) not increase any toll; or (iii) increase the toll in respect of vehicles of certain categories by an amount not exceeding that referred to in subsection (5).(2) The Company may defer the coming into effect of a toll increase to which it may give effect under this Part to such date as may be agreed between the Company and the Secretary. (3) Where the Company elects not to increase any toll or to increase any toll by an amount less than the amount referred to in subsection (5), it shall notify the Secretary and thereupon shall be deemed to have forfeited any right as regards giving effect to the relevant toll increase, or the amount of such toll increase to which it has not given effect, as the case may be. (4) Notwithstanding anything to the contrary- (a) in section 40(3); or (b) in section 41 or 43; or (c) in section 42(3),as regards the date on which a toll increase which has been advanced, deferred, further deferred or still further deferred or on which an additional toll increase, as the case may be, may be given effect to, where the Secretary is not satisfied with the statement of Actual Net Revenue for the relevant year, and the amount of the Actual Net Revenue in dispute affects the eligibility of the Company to give effect to a toll increase, the date on which the toll increase may be given effect to shall be determined as specified in section 39(6). (5) The amount of the toll increase to which the Company may give effect under this Part, in respect of a vehicle described in column 2 of Schedule 2 shall be the amount specified in column 3 of that Schedule, opposite the description of such motor vehicle. (Enacted 1995) Cap 474 s 45 Amendment of Schedule 1 (1) Where a toll is increased in accordance with this Part and the project agreement, the Commissioner shall by notice published in the Gazette amend Schedule 1, with effect from the date on which the increase comes into effect, to vary the relevant toll. (2) For the avoidance of doubt it is declared that the Company shall not give effect to more than 1 increase in the tolls in 1 year. (3) Section 34 of the Interpretation and General Clauses Ordinance (Cap 1) shall not apply in respect of a notice under subsection (1). (Enacted 1995) Cap 474 s 46 Obligation to give information relating to the driving of vehicles PART XI TRAFFIC OFFENCES: SUPPLEMENTARY PROVISIONS (1) Without prejudice to section 63 of the Road Traffic Ordinance (Cap 374), where the driver of a motor vehicle is suspected of having committed, in the toll area, an offence under a bylaw made under section 26, the following applies- (a) a toll area control officer may require any person (including the registered owner of the vehicle and the person suspected of being the driver of the vehicle at the time of the alleged offence), whom he has reason to believe is able to give information relevant to the matter, to furnish the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and state his relationship (if any) to the driver; (b) a requirement under paragraph (a) may be made orally or by means of a notice in writing served personally or by post on the person concerned.(2) Where a requirement is made under subsection (1)(a) orally, the person of whom it is made, shall- (a) if he was the driver of the vehicle at the time of the alleged offence- (i) give his name and address immediately; and (ii) give the number of his driving licence to a specified toll area control officer, not later than 21 days beginning on the date the requirement is made; and(b) if he was not the driver of the vehicle at the time of the alleged offence, give the information required of him to a specified toll area control officer either orally or in writing not later than 21 days beginning on the date the requirement is made.(3) A notice under subsection (1)(b) shall require the person to whom it is addressed- (a) to furnish, within 21 days beginning on the date of the notice, to a specified toll area control officer, a written statement, in such form as is specified in the notice, containing the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver; and (b) to sign such statement.(4) Where a requirement is made under this section not later than 6 months beginning on the date of the alleged offence, any person who fails to comply with it according to this section commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (Amended 29 of 1999 s. 2) (5) In proceedings for an offence under subsection (4), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address or driving licence number of the person driving the vehicle at the time of the alleged offence. (6) In this section "specified toll area control officer" (指明的收费区管理人员) means- (a) in relation to a requirement made under subsection (2), the toll area control officer specified in the requirement; and (b) in relation to a notice under subsection (3), the toll area control officer specified in the notice. (Enacted 1995) Cap 474 s 46A Making false statements and omitting material particulars (1) A person who makes a false statement in supplying particulars required under section 46 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (2) In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did not know and had no reason to believe the statement to be false. (3) A person who omits any material particular required under section 46 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did not know, and could not with reasonable diligence have ascertained, the particular required. (Added 29 of 1999 s. 2) Cap 474 s 47 Proof in summary proceedings of identity of driver (1) If, in any summary proceedings for an offence under this Ordinance, there is produced to the court a statement which- (a) purports to have been signed by the accused person; (b) was furnished in accordance with a notice served on him under section 46; and (c) states that the accused person was the driver of the vehicle at the time of the alleged offence,the court may admit the statement as prima facie evidence of the fact that the accused person was the driver of the vehicle at the time of the offence. (2) (Repealed 29 of 1999 s. 2) (Enacted 1995) Cap 474 s 47A Certificates of image recording and printing devices (1) A document in such form as may be specified by the Commissioner purporting- (a) to be a record of the testing of the functioning, inspection or servicing of an image recording device (with or without any associated image printing device) used for the purpose of recording and, where appropriate, reproducing the images of vehicles passing through a toll booth and specified in the document; and (b) to be certified as to such testing, inspection or servicing by a person authorized in this behalf by the Company,shall be admitted as evidence in any criminal or civil proceedings before any court on its production without further proof. (2) On the production of a document under subsection (1)- (a) the court before which it is produced shall, in the absence of evidence to the contrary, presume- (i) that it was signed at the time and place specified in it by a person authorized by the Company; (ii) that the facts stated in the document relating to the testing of the functioning, inspection or servicing of the image recording device and the associated image printing device, if any, specified in it are true; and (iii) that the record of the facts stated in the document was made and compiled at the time stated in it;(b) the document shall be evidence of all other matters contained in it; and (c) the recording and print, if any, produced by using the image recording device and the associated image printing device, where appro
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