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An Ordinance to grant a franchise for the construction and operation of a crossing between West Kowloon Reclamation and Sai Ying Pun; to provide for the maintenance of the works within the tunnel area, the payment of tolls to the franchise holder for the use of the tunnel 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 1993) [31 July 1993] L.N. 306 of 1993 (Originally 72 of 1993) Cap 436 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Western Harbour Crossing Ordinance. (2) (Omitted as spent) (Enacted 1993) Cap 436 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "approach road" (引道) means any road within the tunnel area for use by vehicles entering or leaving the tunnel; "Commissioner" means, subject to subsection (2), the Commissioner for Transport; "Committee" (委员会) means the Western Harbour Crossing Toll Stability Fund Management Committee established under section 38; "Company" (公司) means- (a) Western Harbour Tunnel Company Limited; or (b) in the event of the franchise being- (i) transferred under section 6 or 7 to; or (ii) vested under section 59 in, a person other than Western Harbour Tunnel Company Limited, such other person in place of Western Harbour Tunnel 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; "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- (a) on the 30th anniversary of that date; or (b) where applicable, on such later date as is determined in accordance with the terms of the project agreement;"Fund" (基金) means the Western Harbour Crossing Toll Stability Fund established under section 37; "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; "Guarantors" (保证人) means- (a) Adwood Company Limited; (b) The Cross-Harbour Tunnel Company, Limited; (Amended L.N. 440 of 1993) (c) China Merchants Holdings (Hong Kong) Company Limited; (d) (Repealed 68 of 1995 s. 2) (e) Kerry Holdings Limited; (f) CITIC Pacific Limited,and includes any other person who undertakes the obligation 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 23(4); "plan" (图则) means- (a) the plan numbered WHC TAP/1 signed by the Commissioner and deposited in the Land Registry, or (b) any other plan deposited under section 3(3);"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); "toll" (隧道费) means a toll specified in Schedule 1; "tunnel" (隧道) means the 4 conduits between the portal in Sai Ying Pun and that in West Kowloon shown on the plan; "tunnel area" (隧道区) 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; "Western Harbour Crossing" (西区海底隧道) means the completed tunnel, approach roads and associated works within the tunnel area. (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) A reference in this Ordinance to arbitration under the Arbitration Ordinance (Cap 341) shall be regarded as a reference to domestic arbitration for the purposes of Part II of that Ordinance and any reference to such arbitration shall be conducted in the manner in which a reference to arbitration is conducted under the project agreement. (Enacted 1993) Cap 436 s 3 Variation of plan (1) The Commissioner may, with the agreement of the Company, vary the boundaries of the tunnel area. (2) Where any boundaries are varied under subsection (1), the Commissioner shall prepare a plan delineating the tunnel 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 1993) Cap 436 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 and maintain the Western Harbour Crossing from the operating date until the expiry of the franchise period; and (c) collect tolls for the use of the tunnel by the public, from the operating date until the expiry of the franchise period,in accordance with the project agreement. (Enacted 1993) Cap 436 s 5 Effect of franchise Section 4 shall be construed as conferring on the Company any wayleave or other right necessary for the purposes of the franchise, but subject to the foregoing, this Ordinance or the granting of the franchise shall not be construed as conferring on the Company any title, right or interest to the land on which the construction works are, or are to be, constructed or the land comprised in the tunnel area. (Enacted 1993) Cap 436 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 58(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 1993) Cap 436 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- (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 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, charge or arrangement. (2) A mortgage 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 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 1993) Cap 436 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 who are 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. (Enacted 1993) Cap 436 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 net revenue for the purposes of Part X,inspect at any reasonable time accounting records or any other record of the Company (including records maintained by the Company in accordance with section 31) and make extracts from any such document or record or take away any such document or record for further examination. (2) In this section, "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 1993) Cap 436 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 60(1), whichever event first occurs, of the Western Harbour Crossing. (Enacted 1993) Cap 436 s 11 Construction works to be carried out at the expense of the Company PART V CONSTRUCTION OF THE WESTERN HARBOUR CROSSING The Company shall, at its own expense, design, construct and complete the construction works in accordance with this Ordinance and the project agreement. (Enacted 1993) Cap 436 s 12 Start of construction (1) 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 1993) Cap 436 s 13 Period within which works must be completed The Company shall complete the construction works within- (a) 48 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 1993) Cap 436 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 1993) Cap 436 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 1993) Cap 436 s 16 Defects PART VI CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT OF THE WESTERN HARBOUR CROSSING: REGULATIONS (1) Where, during the period beginning on the operating date and ending on the expiry of the franchise period, there is a defect in the Western Harbour Crossing, the Company shall remedy such defect to the satisfaction of the Director as soon as practicable after it becomes apparent. (2) The Director may, by notice in writing, require the Company to effect such works as he considers necessary to remedy any defect referred to in subsection (1) and any damage to the Western Harbour Crossing arising from such defect. (3) This section shall not operate to impose any liability on the Company to- (a) undertake or carry out under subsection (1) or (2) any work beyond what is reasonably required to remedy the defect or damage concerned; or (b) remedy any defect which does not, or is unlikely to, adversely affect the design life, operation, use or safety of the Western Harbour Crossing. (Enacted 1993) Cap 436 s 17 Repair of Western Harbour Crossing (1) The Company shall, during the period beginning on the operating date and ending on the expiry of the franchise period- (a) maintain the Western Harbour Crossing; and (b) keep it in a state of repair,to the satisfaction of the Director. (2) The Director may, by notice in writing, require the Company to effect such maintenance works, repairs and alterations, to any structure or works comprised in the Western Harbour Crossing, as he considers necessary for the proper repair and maintenance thereof and for the obviation of any fire or other hazards therein. (Enacted 1993) Cap 436 s 18 Provisions supplementary to sections 16 and 17 (1) Section 15 and the project agreement shall apply, with such modifications as the circumstances of the case may require or as the Director may determine, as regards any works effected under or pursuant to section 16 or 17, as if such works were construction works. (2) The standard which the Company may be required to comply with in effecting any remedial or maintenance work under section 16 or 17, shall not substantially exceed the highest or, where appropriate, the higher of the following- (a) any standard required by- (i) the project agreement; or (ii) any relevant approval or exemption under the project agreement; or(b) if it would be justifiable to apply such standard having regard to the age of the construction works at the time the remedial or maintenance work is required to be carried out, any relevant standard prevailing at the time the constructions works were first effected.(3) If the Company fails to comply with any requirement of the Director under section 16 or 17 within a reasonable time after the receipt of notice of the requirement, the Director may effect the works which he considers necessary having regard to section 16(1) or 17(1) as the case may be. (4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying out of any works which the Company is or may be required to carry out under section 16 or 17, he may require the Company to effect the same as soon as reasonably practicable or, if he thinks fit, he may effect the same with or without notice to the Company. (5) Subject to subsection (6), the expense of any works carried out under section 16 or 17 shall be borne by the Company and, where any such works are effected by the Director, the expense thereof shall be recoverable from the Company as a debt due to the Government. (6) Where a defect remedied under section 16 is a defect which is- (a) a latent defect for the purposes of the project agreement; and (b) in a part of the Western Harbour Crossing not comprised in the construction works,the Government shall reimburse the Company in accordance with that agreement for the expenses reasonably incurred by it in remedying the defect. (Enacted 1993) Cap 436 s 19 Utilities through the tunnel area (1) Notwithstanding anything to the contrary in any other Ordinance- (a) the Company shall not install any utility within the tunnel area without the approval of the Commissioner; and (b) any other person shall not install any utility within the tunnel 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 shall not give his approval under subsection (1)(a) or (2) unless he is satisfied that the safety of persons using or employed in the tunnel area or its vicinity, and the passage of motor vehicles through the tunnel area, will not be adversely affected by such installation. (4) The Company shall afford, to the owner or person having the control of any utility in the tunnel area, reasonable access to such utility. (Enacted 1993) Cap 436 s 20 Director may enter tunnel area and works area (1) The Director may at any time enter any place where construction works are being carried out- (a) to ascertain whether the construction works are unsafe or dangerous or liable to become so; (b) to inspect or test any machinery, equipment or plant therein; (c) to ascertain whether the Company is complying with the provisions of this Ordinance or the project agreement in relation to the construction works; (d) to effect any works authorized under this Ordinance.(2) Without affecting the generality of section 2(2), the Director may authorize any person whom he considers fit to exercise his powers under subsection (1). (3) The Company shall afford the Director or any person authorized under subsection (2) such access and facilities as he may require for the purposes of subsection (1). (Enacted 1993) Cap 436 s 21 Information to be supplied by the Company to the Director For the purpose of enabling the Director to ascertain whether any arrangements have been made or are proposed to be made by the Company for the discharge of its obligations under Part V or this Part, the Company shall, if required by the Director, supply to him as soon as reasonably practicable, such information as he may require as to any matter relevant to such arrangements. (Enacted 1993) Cap 436 s 22 Power to make regulations (1) The Governor in Council may by regulation- (a) require the provision by the Company of adequate, efficient, safe and continuous facilities for the passage of motor vehicles through the tunnel area; (b) provide for the safety of persons using or employed in the tunnel or tunnel area, and, without affecting the generality of the foregoing, for the prevention of fire hazards or any concentration of carbon monoxide or other dangerous gases; (c) provide for lighting, including emergency lighting, and visibility in the tunnel area; (d) provide for the regulation of the noise level generated by any ventilation plant associated with the tunnel; (e) provide for the powers of the personnel provided by the Company for the control, restriction and safety of traffic in the tunnel area; (f) provide for the circumstances under and extent to which police officers may take over the control and restriction of traffic in the tunnel area; (g) regulate the priority of vehicles passing through the tunnel area; (h) provide for any records to be kept by the Company in addition to those specified in section 31; (i) prescribe anything which under this Ordinance is to be or may be prescribed; (j) 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 those regulations shall be to the satisfaction of such authority as may be specified in the regulation in relation thereto. (Enacted 1993) Cap 436 s 23 Operating date PART VII WESTERN HARBOUR CROSSING (1) The Western Harbour Crossing 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 tunnel, approach roads and associated works intended for use by the public are fit for such 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 1993) Cap 436 s 24 Company to provide tunnel facilities (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 the tunnel and the control and safety of motor vehicles and persons in the tunnel area. (2) The provision and operation of such facilities and the provision of such personnel shall be at the expense of the Company. (Enacted 1993) Cap 436 s 25 Right to use of tunnel facilities (1) Subject to this Ordinance, the tunnel shall be made available for use for the passage of motor vehicles upon payment of the tolls. (2) The Company shall not without reasonable grounds prevent or refuse the use of the tunnel for the purpose described in subsection (1). (Enacted 1993) Cap 436 s 26 Application of other laws (1) Save to the extent of any inconsistency with any regulations made under section 22 or bylaws made under section 32, the provisions of the Road Traffic Ordinance (Cap 374) shall apply to the roads in the tunnel area as if they were roads within the meaning of that Ordinance. (2) The tunnel area shall be a public place for the purposes of any law. (Enacted 1993) Cap 436 s 27 Operation of tunnel 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 tunnel area or any part thereof together with such of the facilities of the Company as is necessary therefor, 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 under the Arbitration Ordinance (Cap 341). (3) Any period during which the Government operates the tunnel area or any part of that area shall be regarded as part of the franchise period in computing the franchise period. (4) Without affecting the generality of subsection (1), the Government may, in operating the tunnel pursuant to an order under that subsection, close the tunnel or any part of it. (Enacted 1993) Cap 436 s 28 Closure of tunnel (1) The Company shall not close the Western Harbour Crossing 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 under this Ordinance; or(b) unless- (i) required by the Commissioner, for the reason that it reasonably 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 tunnel area or for routine maintenance or cleaning.(2) Before closing the Western Harbour Crossing 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 Western Harbour Crossing 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 Western Harbour Crossing 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 1993) Cap 436 s 29 Advertising in tunnel area (1) The Company may, with the prior approval of the Commissioner in writing, use, or permit the use of any part of the tunnel 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 tunnel area for advertising purposes. (3) The Commissioner shall not give his approval under subsection (1) unless he is satisfied that the safety of persons using or employed in the tunnel area or its vicinity, and the passage of vehicles through the tunnel, will not be adversely affected by such advertising. (Enacted 1993) Cap 436 s 30 Commissioner may enter tunnel (1) The Commissioner may, without payment of tolls or other charges to the Company, enter the tunnel area at any time after the operating date to ascertain whether the Company is- (a) providing adequate, safe and efficient facilities for the passage of motor vehicles and the occupants of such vehicles through the tunnel and the control and safety of traffic in the tunnel area; or (b) complying with the provisions of this Ordinance.(2) The Company shall afford the Commissioner such access and facilities as he may require for the purposes of subsection (1). (3) In subsection (1)(b), "Ordinance" (条例) does not include Part VI. (Enacted 1993) Cap 436 s 31 Records and information (1) The Company shall maintain the following records relating to the tunnel area and operation of the Western Harbour Crossing- (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 is open; (c) the number of motor vehicles using the tunnel, specifying the different classes of such vehicles, their direction through the tunnel, and providing continuous and cumulative figures thereof; (d) the amount collected as tolls and the numbers and prices of toll tickets issued, if any; (e) without affecting the generality of paragraph (d), particulars relating to payment of tolls as described in section 32(1)(i); (f) all accidents and stoppages to traffic in the tunnel area; and (g) particulars relating to the employment of personnel in connection with the operation of the tunnel, including the nature of such employment, the places and the times at which the personnel are so employed.(2) The Commissioner may inspect, examine or make copies of any such record or supporting accounts kept by the Company, and the Company shall afford such facilities for inspection, examination or copying as may be required by the Commissioner. (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 under section 22, 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 1993) Cap 436 s 32 Power to make bylaws (1) The Company may by bylaw provide for- (a) order and safety, and the prevention or abatement of nuisances in the tunnel area; (b) precautions as regards public health or safety in the tunnel area; (c) the control, restriction and safety of traffic in the tunnel area; (d) the regulation of the speed of traffic using the tunnel area; (e) the regulation of vehicles which may use the tunnel area, including the types, dimensions, condition and loading of such vehicles and classes or descriptions of vehicles that are prohibited from using the tunnel area; (f) the prohibition or regulation otherwise of the use by vehicles in the tunnel area of lights, horns, sirens and other equipment; (g) the prohibition or regulation otherwise of the carriage into or through the tunnel area of any offensive, noxious or dangerous goods; (h) the collection of tolls in respect of the use of the tunnel 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 tunnel 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 tunnel area and approach roads; (m) any other conditions subject to which the tunnel 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 tunnel area which it is necessary or expedient to provide for.(2) 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. (3) Bylaws made under this section shall be subject to the approval of the Legislative Council. (4) 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 of $5000. (5) 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. (6) The Legislative Council may by resolution amend the amount specified in subsection (4). (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 in the name of the Company. (Amended L.N. 362 of 1997) (Enacted 1993) Cap 436 s 33 Company to charge approved tolls for use of tunnel PART VIII COLLECTION OF TOLLS 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 tunnel, the tolls specified in Schedule 1. (Enacted 1993) Cap 436 s 34 Description of motor vehicles The description of motor vehicles mentioned in Schedules 1, 2 and 3 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 1993) Cap 436 s 35 Display of notices of tolls and sale thereof (1) The Company shall, to the satisfaction of the Commissioner, cause to be displayed at both ends of the tunnel, 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 1993) Cap 436 s 36 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 1993) Cap 436 s 37 Western Harbour Crossing Toll Stability Fund PART IX WESTERN HARBOUR CROSSING TOLL STABILITY FUND (1) There is hereby established a fund to be known as the Western Harbour Crossing Toll Stability Fund. (2) The Fund shall consist of- (a) moneys paid into the Fund under section 44; (b) any other moneys paid by the Company into the Fund in accordance with the project agreement; (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 49; 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 moneys that are required for the purposes of section 49, he may require 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 1993) Cap 436 s 38 Western Harbour Crossing Toll Stability Fund Management Committee (1) There is hereby established a body to be known as the Western Harbour Crossing Toll Stability Fund Management Committee, which- (a) shall be a body corporate; (b) may in that name sue and be sued; and (c) shall have a common seal the affixing of which shall be authenticated by the Chairman or a member referred to in subsection (2)(b) or (c) as may be authorized by the Chairman for the purpose.(2) 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.(3) At any meeting of the Committee- (a) a majority of the persons constituting the Committee shall form a quorum; (b) all questions arising for determination shall be decided by a majority of the votes of those persons present and voting; and (c) in the event of an equality of votes, the Chairman shall have a casting vote.(4) The moneys constituting the Fund shall be deposited by the Committee with the Director of the Exchange Fund or in a separate interest bearing bank account opened and maintained by the Committee in any authorized institution within the meaning of section 2 of the Banking Ordinance (Cap 155). (Amended 49 of 1995 s. 53) (5) Subject to this section, the Committee may determine its own procedure. (Enacted 1993) Cap 436 s 39 Advisers and consultants (1) The Committee may engage 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 by the Committee out of the moneys of the Fund. (Enacted 1993) Cap 436 s 40 Accounts (1) The Committee shall keep proper accounts and records of its financial transactions and shall as soon as practicable after the expiry of a financial year prepare a statement of accounts which shall include an income and expenditure account and a balance sheet and shall 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, who may prepare a report on that statement and shall certify the statement subject to such report, if any. (3) The Committee shall cause a copy of the audited statement of accounts, together with the report of the auditor, if any, and a report by the Committee on the administration of the Fund during the period to which the statement 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 respect of any particular financial year. (4) In this section "financial year" (财政年度) has the meaning assigned to "year" by section 42. (Enacted 1993) Cap 436 s 41 Cessation of Committee (1) On the cessation of the rights and obligations of the Company under section 60(1)- (a) the Committee shall cease to exist as a body corporate and the Fund shall cease to exist, except to the extent of giving effect to paragraph (b); and (b) the moneys constituting the Fund as at the date of such cessation shall be paid into the general revenue.(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) Nothing in subsection (1) or (2) shall operate to affect anything done or any right, obligation or liability acquired, accrued or incurred before such cessation or the institution, or continuance enforcement of any legal proceeding, arbitration or remedy in respect of such right, obligation or liability. (Enacted 1993) Cap 436 s 42 Definitions PART X ACCOUNTS AND TOLL INCREASES In this Part, unless the context otherwise requires- "anticipated toll increase" (预期隧道费加费) is a toll increase which the Company expects to be eligible to give effect to pursuant to section 45(1); "maximum estimated net revenue" (最高估计净收入) in relation to any year means the amount specified in column 4 of Schedule 5 as the maximum estimated net revenue as regards that year; "minimum estimated net revenue" (最低估计净收入) in relation to any year means the amount specified in column 2 of Schedule 5 as the minimum estimated net revenue as regards that year; "net revenue" (净收入) in relation to any year means the amount ascertained as the net revenue of the Company for that year in accordance with the principles specified in the project agreement for the computation of net revenue; "specified date" (指明日期) in relation to an anticipated toll increase means a date specified in Schedule 4; "upper estimated net revenue" (较高估计净收入) in relation to any year means the amount specified in column 3 of Schedule 5 as the upper estimated net revenue as regards that year; "year" (年度) means- (a) if the operating date is- (i) 1 August; or (ii) 30 September; or (iii) a date between 1 August and 30 September, in 1997 or any subsequent calendar year, the period beginning on such operating date and ending on 31 July and each period of 12 months beginning on 1 August thereafter; or(b) if the operating date is- (i) before 1 August; or (ii) after 30 September, in 1997 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. (Enacted 1993) Cap 436 s 43 Submission of statement of net revenue (1) Not later than 30 days after the end of each year or such longer period as the Secretary may, in his absolute discretion, allow in a particular case, the Company shall submit to the Secretary a statement of its 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 after the receipt of the statement of net revenue under subsection (1),whichever is later, the Secretary shall inform the Company whether or not he is satisfied with that statement of net revenue. (3) The Secretary shall make a decision in respect of the statement of 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 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 net revenue and an agreement cannot be reached 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 that agreement, and the decision of such expert shall be final as regards any matter relating to the statement of net revenue. (Enacted 1993) Cap 436 s 44 Payments into the Fund (1) Where in respect of any year the net revenue of the Company- (a) exceeds the upper estimated net revenue but does not exceed the maximum estimated net revenue, the Company shall pay into the Fund 50% of the amount in excess of the upper estimated net revenue; or (b) exceeds the maximum estimated net revenue, the Company shall pay into the Fund the amount in excess of the maximum estimated net revenue and an amount equal to 50% of the difference between the upper estimated net revenue and the maximum estimated net revenue.(2) Any 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 1993) Cap 436 s 45 Giving effect to anticipated toll increases (1) The Company may, during the franchise period and in accordance with this section and the project agreement, depending on its net revenue in a particular year, and subject to this Part, give effect to a toll increase on each specified date. (2) Where in respect of a year ending immediately before a specified date, the net revenue of the Company is less than the upper estimated net revenue, the Company may apply in writing to the Secretary to increase the tolls by the amount of the appropriate anticipated toll increase. (3) Any application under subsection (2) shall be made at the same time the statement of net revenue in respect of the relevant year is submitted under section 43(1). (4) Where an application is made under this section the Secretary shall, subject to subsection (5), inform the Company, not later than 21 days before the day on which a 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 49 to the Company from the Fund.(5) Where the Secretary is not satisfied with the statement of net revenue submitted in respect of a year as regards which an application under this section is made- (a) if the amount of the 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 pursuant to negotiation or reference to an independent expert as described in section 43(5), it is agreed that the net revenue is such or the decision of the expert as regards the net revenue 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 date 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 49 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 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 1993) Cap 436 s 46 Advancement of toll increases (1) Where in respect of any year the net revenue of the Company is less than the minimum estimated net revenue for that year, and that year is not a year ending immediately before a specified date, the Company may apply to the Secretary to give effect to the next anticipated toll increase. (2) Section 45(3), (4) and (5) 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 1993) Cap 436 s 47 Deferment of toll increases (1) Where in any year ending immediately before a specified date, the net revenue of the Company is equal to or exceeds the upper estimated net revenue for that year, any anticipated toll increase which could have been given effect to on such specified date if not for this subsection shall be deferred to 1 January next following the specified date. (2) Where a toll increase is deferred under subsection (1) and the net revenue of the Company for the year ending immediately before the date to which it is deferred is- (a) less than the upper estimated net revenue for that year, the Company may give effect to the toll increase on the date it is deferred to under subsection (1); or (b) equal to or exceeds the upper estimated net revenue for that year, the deferred toll increase shall be further deferred to 1 January next following the date on which it could have been given effect to if not for this paragraph.(3) Where a toll increase is further deferred under subsection (2)(b) or still further deferred under this subsection, and the net revenue of the year ending immediately before the date to which it is deferred is- (a) less than the upper 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 upper estimated net revenue for that year, the toll increase shall be still further deferred to 1 January next following the date on which it could have been given effect to if not for this paragraph.(4) Any entitlement of the Company to give effect to a toll increase deferred under this section is subject to the provisions of section 49. (5) Where the Company may give effect, under this section or section 49, to a toll increase deferred under this section or section 49, as the case may be, 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 1 January next following and subsections (2), (3) and (4) shall apply in respect of such deferred anticipated toll increase. (Enacted 1993) Cap 436 s 48 Creation of additional toll increases (1) Where the Company has given effect to all the anticipated toll increases referred to in section 45(1) and the net revenue of the Company in respect of any year before the expiry of the franchise period is less than the minimum estimated net revenue for that year, the Company may apply to the Secretary to give effect to an additional toll increase of an amount which is appropriate having regard to section 50. (2) Sections 45(3) and (4) 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 1993) Cap 436 s 49 Payments from the Fund (1) The Committee may in respect of any year ending immediately before- (a) a specified date; or (b) a date to which a toll increase is deferred ("deferred date") or further deferred ("further deferred date") under section 47,pay to the Company from the Fund an amount equal to the difference between the net revenue and the upper 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 as the case may be,or such later date as may be appropriate having regard to the terms of 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 1 January next following the date on which it could have been given effect to if not for this subsection. (4) Where a toll increase is deferred under subsection (3) or (5) and the net revenue of the Company for the year ending immediately before the date to which it is deferred is- (a) less than the upper estimated net revenue for that year, the Company may give effect to a toll increase; or (b) equal to or exceeds the upper 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 the difference between the net revenue and the upper 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, in respect of any year- (a) which is not a year ending immediately before- (i) a specified date; or (ii) a date on which a toll increase deferred or further deferred under section 47 or this section may be given effect to; and(b) in which the net revenue of the Company is less than the minimum estimated net revenue,pay to the Company from the Fund, an amount equal to the difference between the 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 a toll increase or where applicable give effect to an additional toll increase under section 48. (8) Any payment under subsection (6) shall be made not later than the date on which the toll increase could have been given effect to if not for that subsection 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 to under section 47 or subsection (4)(a), it shall apply in writing to the Secretary to increase the tolls by the amount of the appropriate toll increase. (10) Section 45(3), (4) and (5) shall apply in relation to an application under subsection (9). (Enacted 1993) Cap 436 s 50 Amount of the toll increase (1) Where the franchise period is the period referred to in- (a) paragraph (a) of the definition of "franchise period", the amount of the toll increase to which the Company may give effect to under this Part as regards a vehicle described in- (i) column 2 of Schedule 2, from the operating date up to 31 December 2010, shall be the amount specified in column 3 of that Schedule; and (ii) column 2 of Schedule 3, on or after 1 January 2011 and up to the expiry of the franchise period as so defined, shall be the amount specified in column 3 of that Schedule, opposite the description of such motor vehicle; and(b) paragraph (b) of that definition, the amount of the toll increase to which the Company may give effect to under this Part as regards a vehicle described in- (i) column 2 of Schedule 2, during the period of 13 years beginning on the operating date, shall be the amount specified in column 3 of that Schedule; and (ii) column 2 of Schedule 3, during the period beginning on the expiry of the period referred to in subparagraph (i) and ending on the expiry of the franchise period as so defined, shall be the amount specified in column 3 of that Schedule, opposite the description of such motor vehicle.(2) Any reference to an "appropriate anticipated toll increase" or "appropriate toll increase" in this Part shall be construed having regard to subsection (1). (3) For the avoidance of doubt it is declared that where a toll increase- (a) is deferred or further deferred under this Part; (b) is an increase which could have been given effect to during the period referred to in subsection (1)(a)(i) or (b)(i) if not for such deferment; and (c) is given effect to during the period referred to in subsection (1)(a)(ii) or (b)(ii) as a result of such deferment,the appropriate toll increase shall be the relevant amount specified in Schedule 3. (Enacted 1993) Cap 436 s 51 Procedure for 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 46(3) or 48(3); or (c) the date on which a deferred or further deferred toll increase may be given effect to pursuant to section 47 or 49; or (d) the appropriate date having regard to section 45(6) or subsection (4),as may be applicable in the particular case- (i) increase each toll by an amount not exceeding the appropriate anticipated toll increase; or (ii) not increase any toll; or (iii) increase the toll in respect of vehicles of certain categories by an amount not exceeding the appropriate anticipated toll increase.(2) The Company may defer the coming into effect of a toll increase to which it may give effect to 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 appropriate anticipated toll increase, 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 in- (a) section 46(3); or (b) section 47 or 49; or (c) section 48(3),as regards the date on which a toll increase which has been advanced, deferred or further deferred or which is an additional toll increase, as the case may be, may be given effect to, where the Secretary is not satisfied with the statement of net revenue for the relevant year, and the amount of the 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 45(6). (Enacted 1993) Cap 436 s 52 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 1993) Cap 436 s 53 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 an offence under any bylaw made under section 32 in the tunnel area, any person, whom a tunnel officer has reason to believe is able to give information relevant to the matter (including both the registered owner of the vehicle and the person suspected of being the driver of the vehicle at the time of the alleged offence), shall, on demand made within 6 months after the date of the alleged offence, give such tunnel officer in the manner specified in this section 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. (Amended 29 of 1999 s. 2) (2) A demand under subsection (1) may be made orally or by means of a notice served personally or by post on the person on whom it is made. (3) Where a demand under subsection (1) is made orally to any person he shall- (a) if he was the driver of the vehicle at the time of the alleged offence- (i) give immediately his name and address; and (ii) give the number of his driving licence to a specified tunnel officer within 21 days after the date of the demand; and(b) if he was not the driver of the vehicle at the time of the alleged offence, give the information required under subsection (1) to a specified tunnel officer either orally or in writing within 21 days after the date of the demand.(4) A notice under subsection (2) shall require the person to whom it is addressed- (a) to furnish, within 21 days after the date of the notice, to a tunnel officer specified therein, a written statement, in such form as may be specified in the notice, giving 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.(5) Any person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of $4000 and to imprisonment for 6 months. (6) In proceedings for an offence under subsection (5), 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. (Enacted 1993) Cap 436 s 53A Making false statements and omitting material particulars (1) A person who makes a false statement in supplying particulars required under section 53 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 53 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 436 s 54 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 53(2); and (c) states that the accused person was the driver of the vehicle at the time of the alleged offence,the court shall admit the statement as prima facie evidence that the accused person was the driver of the vehicle at the time of the offence. (2) (Repealed 29 of 1999 s. 2) (Enacted 1993) Cap 436 s 54A 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 appropriate, shall be evidence of all matters contained in them.(3) Where an