To provide for the control and regulation of vehicular and pedestrian traffic in Government road tunnels; the management of such tunnels and for matters ancillary thereto and connected therewith. (Replaced 63 of 1991 s. 2) [15 February 1982] L.N. 40 of 1982 (Originally 48 of 1981) Cap 368 s 1 Short title This Ordinance may be cited as the Road Tunnels (Government) Ordinance. Cap 368 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Authority" (监督) means the Commissioner for Transport; "authorized officer" (获授权人员) means any person authorized by the Authority under section 10; (Amended 63 of 1991 s. 3) "court" (法庭) includes a magistrate; (Added 29 of 1999 s. 2) "dangerous goods" (危险品) means dangerous goods as defined in section 2 of the Dangerous Goods Ordinance (Cap 295); "Director" (署长) means the Director of Lands; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) "driver" (驾驶人) means, in relation to any vehicle, any person who is in charge of or assisting in the control of it; "driving licence" (驾驶执照) means a driving licence issued under the Road Traffic Ordinance (Cap 374); "operator" (经营人) means any person who has entered into an agreement with the Government for the management of a tunnel to which this Ordinance applies; (Added 63 of 1991 s. 3) "owner" (车主) includes the person in whose name a vehicle is registered and the person by whom a vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under the agreement; "register" (登记) means registered under the Road Traffic Ordinance (Cap 374); "registered" (登记) means registered as owner of a vehicle under the Road Traffic Ordinance (Cap 374); "tunnel" (隧道) includes the area adjacent thereto described on a plan deposited under section 7; "vehicle" (车辆) means any vehicle, whether or not mechanically propelled, which is constructed or adapted for use on roads but does not include a tram. Cap 368 s 3 Application (1) This Ordinance shall apply to the tunnels named in the Schedule. (2) The Governor may amend the Schedule by notice in the Gazette. Cap 368 s 4 A tunnel is a public place For the purposes of liability for a contravention of any Ordinance, a tunnel shall be a public place. Cap 368 s 5 Application of Road Traffic Ordinance Unless the contrary intention appears from this Ordinance, the Road Traffic Ordinance (Cap 374) shall apply to a tunnel as if a tunnel were a road within the meaning of that Ordinance. Cap 368 s 6 Tunnel boundaries and plans (1) The Authority shall determine the boundaries of a tunnel and the Director shall delineate the boundaries on a plan. (2) The Authority in consultation with the Director may vary the boundaries of a tunnel. (3) Where the boundaries of a tunnel are varied under subsection (2), the Director shall prepare a plan delineating the boundaries. Cap 368 s 7 Certification and deposit of plans (1) A plan prepared under section 6 shall be numbered, dated, signed and certified by the Director as being a plan of the tunnel to which such plan relates and shall be deposited by the Authority in the Land Registry. (Amended 8 of 1993 s. 2) (2) The Authority shall cause notification of the deposit of a plan under subsection (1) to be published in the Gazette. Cap 368 s 8 Proof of plans (1) In any proceedings before a court, a copy of a plan prepared under section 6, certified by the Director to be a copy of the plan, shall be conclusive proof of the area comprising that tunnel. (2) Any plan purporting to be certified by the Director under subsection (1) shall be admitted without further proof and shall be presumed, until the contrary is proved, to have been certified by him. Cap 368 s 9 Authority may delegate powers The Authority may in writing delegate any other public officer to exercise the powers and perform the duties conferred or imposed on him by this Ordinance. Cap 368 s 9A Authority may give directions The Authority may, if he considers the public interest so requires, give directions of a general character in writing to an operator in relation to the performance of the functions or the exercise of the powers vested by this Ordinance in the operator or any authorized officer employed by the operator and the operator shall comply with those directions. (Added 63 of 1991 s. 4) Cap 368 s 10 Power of Authority to appoint authorized officers The Authority may in writing appoint any public officer or any person employed by an operator to be an authorized officer for the purposes of this Ordinance. (Amended 63 of 1991 s. 5) Cap 368 s 11 Powers of authorized officers (1) An authorized officer may at any tunnel- (a) (Repealed 2 of 1997 s. 32) (b) for the purpose of preventing or detecting the commission of an offence against this Ordinance or the Road Traffic Ordinance (Cap 374); or (c) if he reasonably suspects that the driver of a vehicle- (i) has committed an offence against this Ordinance or the Road Traffic Ordinance (Cap 374); or (ii) has been involved in an accident at a tunnel,exercise any of the powers specified in subsection (2) as may be appropriate in respect of the particular purposes or circumstances described in paragraph (b) or (c). (2) For the purposes of subsection (1), an authorized officer may- (a) order, direct or signal the driver of a vehicle- (i) to stop the vehicle forthwith; or (ii) to proceed to any place at the tunnel so ordered, directed or signalled and to stop thereat;(b) require any person to give his name and address and to produce any document in his possession which is or contains evidence of his name and address; (c) require the driver of a vehicle- (i) to produce his driving licence for examination; (ii) to give the name and address of the registered owner of the vehicle where that information is within his knowledge;(d) enter, examine and search a vehicle and any thing therein or thereon; (e) detain, if necessary by the use of reasonable force, a driver or a vehicle, or both, until they can be delivered into the custody of a police officer.(2A) For the purpose of regulating vehicular and pedestrian traffic, an authorized officer at any tunnel may order, direct or signal the driver of a vehicle- (a) to stop the vehicle forthwith; or (b) to proceed to any place at the tunnel so ordered, directed or signalled and to stop thereat. (Added 2 of 1997 s. 32)(3) Any person who fails to comply with an order, direction or signal given under subsection (2)(a) or (2A), or any requirement made under subsection (2)(b) or (c), commits an offence. (Amended 2 of 1997 s. 32) Cap 368 s 12 Obligation to give information relating to the driving of vehicles (1) Without prejudice to section 63 of the Road Traffic Ordinance (Cap 374), where the driver of a vehicle is suspected of having committed an offence against this Ordinance or the Road Traffic Ordinance (Cap 374) at any tunnel, any person (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 to an authorized officer in the manner prescribed 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 75 of 1982 s. 114; 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 authorized 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 authorized 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 an authorized 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 the said statement.(5) Subject to subsection (6), any person who contravenes subsection (1) commits an offence. (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. Cap 368 s 13 Making false statements and omitting material particulars (1) A person who makes a false statement in supplying particulars required under section 11 or 12 commits an offence. (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 11 or 12 commits an offence. (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. (Replaced 29 of 1999 s. 2) Cap 368 s 14 Proof of identity of driver If, in a prosecution 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 12(2); and (c) states that the accused person was the driver of the vehicle at the time of the 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. Cap 368 s 14A Certificates of image recording and printing devices (1) A document in such form as may be specified by the Authority 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, 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 Authority, (Amended 29 of 1999 s. 2)shall be admitted 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 therein by a person authorized by the Authority; (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 therein are true; and (iii) that the record of the facts stated in the document was made and compiled at the time stated therein;(b) the document shall be evidence of all other matters contained therein; 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 therein.(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the subject-matter thereof. (Added 46 of 1993 s. 2) Cap 368 s 14B Certificates as to photographic process (1) A document in such form as may be specified by the Authority purporting to be signed by a person duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received and processed by him shall, together with the photographic prints or photographic enlargements referred to therein, be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof, and- (a) in the absence of evidence to the contrary, the court before which such document is produced shall presume that the signature to the document is genuine and that the person signing it was duly appointed under subsection (2) at the time when he signed it; and (b) such document shall be evidence of all matters contained therein.(2) The Authority may appoint in writing such persons as he thinks fit to carry out the processing of exposed film and to sign certificates under subsection (1) in relation thereto. (3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the subject-matter thereof. (Added 46 of 1993 s. 2) Cap 368 s 15 Vehicles etc. causing obstruction If any vehicle or thing is causing an obstruction at any tunnel or is otherwise likely to render the use of the tunnel unsafe the Authority or an operator may at the risk and expense of the owner of such vehicle or thing take all reasonable steps to remove it or cause it to be removed to any place, including any road, that the Authority or the operator may think fit and where necessary in the opinion of the Authority or the operator, may provide for the safe custody thereof. (Amended 63 of 1991 s. 6) Cap 368 s 16 Disposal of abandoned vehicles (1) Where any vehicle has been permitted to remain stationary at any tunnel in such a position or in such condition or in such circumstances that there is reasonable cause to believe that the vehicle has been abandoned an authorized officer may cause a notice to be given, requiring the person in whose name the vehicle is registered to remove it or cause it to be removed. (2) A notice under subsection (1) shall be addressed to the person in whose name the vehicle is registered and shall be given- (a) by sending it to him by registered post at the address shown on the register; or (b) by affixing it to the vehicle.(3) The notice shall- (a) require the person in whose name the vehicle is registered to move or cause it to be moved to a place which is not on any road- (i) if the notice is sent by registered post, within 7 days of its service on him; or (ii) if the notice is affixed to the vehicle, within 7 days of the date on which it is so affixed; and(b) state that- (i) unless the vehicle is removed within the time so stated, the vehicle will be seized by the Authority or an operator and removed to a place specified in the notice; and (Amended 63 of 1991 s. 7) (ii) if the vehicle is not claimed within a period of 14 days from the date of seizure, it will become the property of the Crown.(4) If the vehicle is not removed as required by a notice given under subsection (1) an authorized officer may seize it and may take all reasonable steps to remove it or cause it to be removed to the place specified in the notice. (5) If a vehicle which is seized and removed under subsection (4) is not claimed within the period specified in the notice given under subsection (1), it shall become the property of the Crown and may be sold or otherwise disposed of as the Authority thinks fit. (6) For the purposes of this section "vehicle" (车辆) includes any load carried by a vehicle. Cap 368 s 17 Obstruction of authorized officers Any person who obstructs an authorized officer in the exercise of the powers conferred on him by this Ordinance commits an offence Cap 368 s 18 Installation of pipes or cables in tunnel (1) Notwithstanding the provisions of any other Ordinance, no person shall place any pipe, conduit or cable in any tunnel without the prior consent in writing of the Authority. (2) The Authority shall consult the Director before giving any consent under subsection (1). (3) A consent given under subsection (1) shall be subject to the payment of such charges and to such conditions, as the Authority may impose. Cap 368 s 19 Penalties for offences Any person who commits an offence under section 11(3), 12(5), 13(1) or (3) or 17 is liable to a fine of $5000 and to imprisonment for 6 months. (Amended 29 of 1999 s. 2) Cap 368 s 20 Regulations (1) The Governor in Council may by regulation provide for- (a) the classification, design, colour, erection, placing, operation, maintenance, alteration and removing of permanent, temporary and variable traffic signs and road markings at a tunnel; (b) prohibiting, controlling and restricting vehicular and pedestrian movements by or in relation to traffic signs or road markings at a tunnel; (c) prohibiting, controlling, restricting, directing or advising traffic both vehicular and pedestrian and passengers conveyed upon vehicular traffic at a tunnel; (d) controlling and regulating the manner of driving and the use of vehicles and the equipment and apparatus pertaining thereto at a tunnel; (e) controlling and regulating the use of a tunnel and in particular prohibiting either absolutely or during specified hours- (i) the driving of any specified type or class of vehicle; and (ii) the manner in which a motor vehicle of any type or class may be used;(f) the imposing of maximum or minimum speed limits on the road at a tunnel for any vehicle or class of vehicles; (g) the towing of or drawing of vehicles by motor vehicles at a tunnel; (h) controlling the manner of loading vehicles and securing of loads on vehicles at a tunnel; (i) the maximum weight to be transmitted to the road at a tunnel by a vehicle of any class or by any part or parts of such a vehicle in contact with the road; (j) controlling the manner in which passengers may be carried in vehicles at a tunnel and the number of passengers which may be carried therein; (k) the controlling and restricting of animals in a tunnel; (l) the total or partial closure of a tunnel; (m) the tolls payable for the use of a tunnel;(ma) the collection of tolls by any method, including methods other than the collection of cash at toll booths; (Added 46 of 1993 s. 3) (mb) the installation by the Authority or by an operator with the approval of the Authority of automatic toll collection facilities for collecting the tolls payable for the use of a tunnel; (Added 46 of 1993 s. 3) (mc) the regulation of the use of the approved automatic toll collection facilities; (Added 46 of 1993 s. 3) (n) the escort of vehicles through a tunnel; (o) the control, prohibition and restriction upon the painting or affixing of any poster, placard, bill, advertisement or other matter in a tunnel; (p) the exemption of vehicles or any class thereof from the operation of any regulation whether by permit or otherwise and in the case of the issue of a permit, the fees payable for such issue; (q) the fees payable for the removal of a vehicle or thing under section 15; (Amended 63 of 1991 s. 8) (qa) the powers of an operator for the control, restriction and safety of traffic in the tunnel; and (Added 63 of 1991 s. 8) (r) generally carrying into effect the provisions of this Ordinance relating to the regulation of traffic.(1A) Any regulations made under this section- (a) may be made to apply in respect of all or any particular tunnel only; and (b) may make different provisions for different tunnels. (Added 49 of 1999 s. 2)(2) Any regulation made under this section may provide that a contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine of $5000 and imprisonment for 6 months. Cap 368 s 21 Saving Nothing in this Ordinance shall be taken to restrict, derogate from or otherwise interfere with any power or duty, or the exercise or performance of any power or duty, conferred or imposed by or under any law upon any person in the service of the Crown. (Added 63 of 1991 s. 9) Cap 368 s 22 Advertising in road tunnel (1) Part IX of the Public Health and Municipal Services Ordinance (Cap 132) and the Advertisements Regulation (Cap 132 sub. leg.) shall not apply to the use of any part of a tunnel for advertising purposes. (Amended 78 of 1999 s. 7) (2) The Authority may use or permit the use of any part of a tunnel for advertising purposes on such terms and conditions and for such period as he thinks fit. (Added 63 of 1991 s. 9) Cap 368 s 22A Remunerations, etc., under management agreements (1) Where the terms of an agreement entered into by an operator with the Government for the management of a tunnel to which this Ordinance applies have been approved by the Financial Secretary for the purposes of this section, those parts or percentages of any moneys raised or received for the purposes of the Government under the agreement which the operator is entitled under the agreement to retain by way of remuneration or reimbursement shall not form part of the general revenue for the purposes of section 3(1) of the Public Finance Ordinance (Cap 2). (2) Subsection (1) applies in relation to an agreement entered into before the commencement of section 6 of Schedule 3 to the Roads and Tunnels Legislation (Miscellaneous Amendments) Ordinance 1999 (29 of 1999) as it applies in relation to an agreement entered into on or after that commencement, but nothing in this section shall be construed as applying to any moneys raised or received for the purposes of the Government before the date of the approval of the Financial Secretary under subsection (1). (Added 29 of 1999 s. 2) Cap 368 SCHEDULE [section 3] Aberdeen Tunnel. Airport Tunnel. * Cross-Harbour Tunnel. (Added 44 of 1999 s. 31) Lion Rock Tunnel. Shing Mun Tunnels. Tseung Kwan O Tunnel. (Replaced L.N. 421 of 1989. Amended L.N. 314 of 1990)___________________________________________________________________ Notes: * 1. Section 31 of the Revenue Ordinance 1999 (44 of 1999) added the Cross-Harbour Tunnel into this Schedule, while sections 45 and 46 of that Ordinance repealed the Cross-Harbour Tunnel Ordinance (Cap 203), the Cross-Harbour Tunnel (Passage Tax) Ordinance (Cap 274) and all their subsidiary legislation. 2. Section 47 of the Revenue Ordinance 1999 (44 of 1999) provides as follows: "47. Power to make regulation for consequential amendments, etc. The Secretary for Transport may by regulation provide for such consequential amendments (whether made to the provisions of any Ordinance or to the provisions of any subsidiary legislation), and such savings and transitional arrangements, as are required or expedient consequent on the repeal under sections 45 and 46.". 3. The Repeal of Cross-Harbour Tunnel Ordinance and Cross-Harbour Tunnel (Passage Tax) Ordinance (Savings, Transitional and Consequential Provisions) Regulation (L.N. 198 of 1999), which was made under section 47 of the Revenue Ordinance 1999 (44 of 1999), contains the following saving and transitional provisions: "2. Saving (1) All royalty payments, tolls, fees, passage tax payments or compensation that remain to be payable or refundable (as the case may be) under either or both of the repealed Ordinances immediately before 1 September 1999 shall continue to be payable or refundable (as the case may be) as if the repealed Ordinances had not been repealed. (2) All investigations, legal proceedings or remedies in respect of- (a) any royalty payments, tolls, fees, passage tax payments and compensation mentioned in subsection (1); and (b) a relevant offence,may be instituted, continued or enforced, and any penalty or punishment in respect of such offence may be imposed as if the repealed Ordinances had not been repealed. (3) The provisions of the Road Traffic (Driving-offence Points) Ordinance (Cap 375) shall continue to apply in respect of a relevant offence as if the repealed Ordinances had not been repealed. (4) Notwithstanding the repeal of the repealed Ordinances, the provisions of section 18E of the Magistrates Ordinance (Cap 227) shall continue to apply in respect of a relevant offence. (5) The obligations of The Cross-Harbour Tunnel Company, Limited to keep records under either or both of the repealed Ordinances shall continue to be subsisting and enforceable as if the repealed Ordinances had not been repealed. (6) In this section- (a) "relevant offence" (有关罪行) means an offence under either or both of the repealed Ordinances committed or alleged to be committed on or before 31 August 1999; (b) "the repealed Ordinances" (已废除条例) means the Cross-Harbour Tunnel Ordinance (Cap 203) and the Cross-Harbour Tunnel (Passage Tax) Ordinance (Cap 274). 3. Transitional Any sign erected in the Cross-Harbour Tunnel before 1 September 1999 under the Cross-Harbour Tunnel Ordinance (Cap 203) and which is in force immediately before that date shall, for so long as it continues to comply with that Ordinance as in force immediately before that date, be deemed to have the same effect as if that Ordinance had not been repealed. 4. Provisions not to derogate from section 23 of the Interpretation and General Clauses Ordinance The provisions of this Regulation are in addition to and not in derogation from section 23 of the Interpretation and General Clauses Ordinance (Cap 1).".
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