### Discovery Bay Tunnel Link Ordinance 《愉景灣隧道及連接道路條例》

4. Power to construct Tunnel Link
(1) Subject to subsection (2), the Company may—
(a) on the unleased area—
(i) construct those parts of the tunnel and the road connecting it to Siu Ho Wan as are shown on the Plan to be within that area;
(ii) construct or install—
(A) any facilities or other works associated with or accessory to the Tunnel Link or necessary for its operation or maintenance (not being a building or other structure to be used as an administration building); and
(B) any utility essential for the construction, operation or maintenance of the Tunnel Link; and
(iii) carry out any work necessary for the operation, maintenance and repair of the Tunnel Link and other works, facilities or utilities referred to in subparagraph (ii);
(b) permit the use of the whole of the Tunnel Link for the passage of specified vehicles and permitted vehicles;
(c) charge, in accordance with section 24, tolls or fees for the use of the whole of the Tunnel Link for the purpose referred to in paragraph (b).
(2) The Company shall not exercise the powers given under subsection (1), in relation to the unleased area or such part of it as may be specified by the Director of Lands for the purposes of this subsection, until the Director of Lands informs it in writing that it may do so.
(3) Notwithstanding anything in subsection (1) or (2), and subject to any conditions specified by the Director of Lands, the Company may, for the purpose of preparing for the carrying out of the construction works, enter any land adjoining the tunnel area, if such land is Government land and is not leased. (Amended 29 of 1998 s. 102)
(4) A fee of an amount determined by the Director of Lands may be charged from the Company in respect of the exercise of its powers under subsection (3).

5. Limitation of powers to wayleave
Section 4—
(a) shall be construed as conferring on the Company a wayleave in respect of the unleased area for the purposes specified in subsection (1)(a) of that section; and
(b) shall not operate to confer or be construed as conferring on the Company—
(i) any title, right or interest in or over the unleased area other than the wayleave referred to in paragraph (a); or
(ii) any title, right or interest in or over any other part of the tunnel area which it would not otherwise have.

### Discovery Bay Tunnel Link Ordinance 《愉景灣隧道及連接道路條例》

6. Premium or additional premium to be charged from Company
(1) The Director of Lands may determine—
(a) that a premium should be charged from the Company for the exercise of the powers given under section 4 in respect of the unleased area; and
(b) having regard to any relaxation of the restriction on the use, within the meaning of section 7(6), of the Tunnel Link, that an additional premium should be charged from the Company in respect of the exercise of the powers referred to in paragraph (a).
(2) Where the Director of Lands makes a determination under subsection (1)(a) or (b), he shall—
(a) determine the amount of the premium or additional premium, as the case may be, payable by the Company;
(b) determine when it must be paid and the manner of payment; and
(c) notify the Company—
(i) that he has determined that a premium or additional premium, as the case may be, is payable; and
(ii) of the matters determined under paragraphs (a) and (b) in respect of that premium or additional premium.
(3) The Company shall pay any premium or additional premium charged under this section in accordance with the relevant determination made under subsection (2).

### Discovery Bay Tunnel Link Ordinance 《愉景灣隧道及連接道路條例》

8. Powers of Financial Secretary in relation to royalty
For the purpose of ascertaining the royalty under section 7, the Company shall permit the Financial Secretary, or any person authorized in writing by him, to inspect at all reasonable times all books of account, vouchers and receipts and all other records of the Company (including all records maintained by the Company pursuant to section 28(1)(g)) and to make extracts from any such documents and to take away such documents for further examination.

9. Connection of roads by Government
(1) The Government may connect any other road to any part of the approach road within the unleased area.
(2) The Director of Lands or the Director of Highways may, for the purposes of subsection (1)—
(a) require the Company to vary the alignment of the approach road or any part of it; and
(b) carry out any work (including the varying of the alignment of the approach road or any part of it) that he considers necessary.
(3) The cost of any connection under subsection (1) or variation or works under subsection (2) shall be borne by the Government.
(4) In this section approach road (引道) means the road within the tunnel area connecting the tunnel to Siu Ho Wan.
(5) The Government shall use its best endeavours to ensure that the exercise of the Company’s powers under section 4 is not affected by the exercise of any power under this section.

### Discovery Bay Tunnel Link Ordinance 《愉景灣隧道及連接道路條例》

10. Utilities
(1) For the avoidance of doubt, but subject to subsection (3), it is declared that nothing in this Ordinance shall be construed as affecting—
(a) any right of the Government to install, maintain or repair any utility on any part of the unleased area or to permit any other person to do so; or
(b) any existing right of or permission given to any other person to install any utility in the unleased area.
(2) No person shall install any utility (not being a utility referred to in section 4(1)(a)(ii)(B)) in the unleased area without the permission of the Director of Lands.
(3) The Director of Lands shall, before giving permission to a person (not being the Company) for the purposes of subsection (2), notify the Company of his intention to give such permission.
(4) The Company—
(a) may remove any utility which impedes the construction works and re-install it in another place that is suitable, with the approval of the Director of Lands and the consent of the owner of the utility concerned or the person in control of it; and
(b) if any loss or damage is caused to any person (including the Government) by reason of anything done under paragraph (a), shall compensate that person for such loss or damage.
(5) The Company shall bear the expenses, if any, in respect of a removal and re-installation under subsection (4), unless other arrangements are made between the Company and the owner of the utility or the person having the control of it.
(6) The Company shall allow reasonable access to any utility in the tunnel area by the owner of or the person having the control of that utility.

11. Assignment
(1) The Company shall not dispose of or enter into an agreement for the disposal of any of its powers or rights under this Ordinance without the prior consent in writing of the Governor in Council.
(2) Where any disposal is effected pursuant to the consent of the Governor in Council under subsection (1), the Secretary shall give notice in the Gazette of such disposal and the name and description of the person to whom the powers or rights were disposed.