### Tai Lam Tunnel and Yuen Long Approach Road Ordinance 《大欖隧道及元朗引道條例》

17. Power to make regulations
(1) The Secretary for Transport and Logistics may by regulation— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) specify requirements in relation to the provision by the Company of adequate, efficient, safe and continuous facilities for the passage of motor vehicles through the toll area;
(b) in relation to the safety of persons using or employed in the toll area, specify requirements to be complied with by the Company and make other provision including requirements or provisions relating to fire hazards or prevention of concentration of carbon monoxide or other dangerous gases;
(c) specify requirements to be complied with by the Company and make other provision, regarding lighting, including emergency lighting and visibility in the toll area;
(d) provide for the regulation of the noise level generated by any ventilation plant associated with the Tai Lam Tunnel and Yuen Long Approach Road;
(e) provide for the powers of the personnel provided by the Company for the control, restriction and safety of traffic in the toll area;
(f) provide for the circumstances under and extent to which police officers may take over the control and restriction of traffic in the toll area;
(g) regulate the priority of vehicles passing through the toll area;
(h) provide for any records to be kept by the Company in addition to those specified in section 25;
(i) require the Company to provide signs of such description, specifications and other particulars as may be specified in the regulation to indicate the toll area and the application of the regulation in respect of that area;
(j) prescribe anything which under this Ordinance is to be or may be prescribed; and
(k) provide for such other matters as may be necessary or expedient to carry out effectively the provisions of this Ordinance.
(2) Regulations made under subsection (1) may provide that the provision of any facility or compliance with any requirement under the regulations shall be to the satisfaction of such authority as may be specified in the regulations in relation thereto.

18. Operating date
(1) The Tai Lam Tunnel and Yuen Long Approach Road shall be opened for use by the public on a date determined by the Commissioner in accordance with this section.
(2) Without prejudice to section 14, when, in the opinion of the Director, the construction works are substantially completed, he shall issue a certificate to that effect to the Commissioner and the Company.
(3) The Commissioner shall take such steps as he considers appropriate to satisfy himself that the Tai Lam Tunnel and Yuen Long Approach Road are fit for public use and if so satisfied, as soon as practicable after receipt of the certificate issued to him under subsection (2), determine a date which is the soonest practical date, for the purposes of subsection (1).
(4) The Commissioner shall notify in the Gazette the date determined under subsection (3).

### Tai Lam Tunnel and Yuen Long Approach Road Ordinance 《大欖隧道及元朗引道條例》

19. Company to provide facilities in Tai Lam Tunnel and Yuen Long Approach Road
(1) Subject to this Ordinance, on and from the operating date and until the expiry of the franchise period, the Company shall provide and operate adequate, efficient and safe facilities and provide adequate and efficient personnel, to the satisfaction of the Commissioner, for the passage of motor vehicles through and along the Tai Lam Tunnel and Yuen Long Approach Road and the control and safety of motor vehicles and persons in the toll area.
(2) The provision and operation of such facilities and the provision of such personnel shall be at the expense of the Company.

20. Right to use Tai Lam Tunnel and Yuen Long Approach Road
(1) Subject to this Ordinance, the Tai Lam Tunnel and Yuen Long Approach Road shall be made available for use for the passage of motor vehicles upon payment of the tolls.
(2) The Company shall not prevent or refuse the use of the Tai Lam Tunnel and Yuen Long Approach Road for the purpose described in subsection (1) other than on reasonable grounds.

21. Application of other laws
(1) Save to the extent of any inconsistency with any regulations made under section 17 or bylaws made under section 26, the provisions of the Road Traffic Ordinance (Cap. 374) shall apply to the roads in the toll area as if they were roads within the meaning of that Ordinance.
(2) The toll area shall be a public place for the purposes of any law.

22. Operation of toll area by Government
(1) The Governor in Council may, if satisfied that it is necessary to do so in the interests of public security, order that the Government shall take over the operation of the toll area or any part thereof together with such of the facilities of the Company as is necessary for that purpose, and continue such operation until the Governor in Council otherwise orders.
(2) The Government shall pay to the Company for any loss or damage suffered by the Company by reason of any order under subsection (1), such amount as may be agreed between the Government and the Company, or in default of such agreement such amount as may be determined by arbitration.
(3) When computing the franchise period, any period during which the Government operates the toll area or any part of that area shall be regarded as part of the franchise period.
(4) Without affecting the generality of subsection (1), the Government may, in operating the toll area pursuant to an order under that subsection, close the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof.

### Tai Lam Tunnel and Yuen Long Approach Road Ordinance 《大欖隧道及元朗引道條例》

23. Closure of Tai Lam Tunnel and Yuen Long Approach Road
(1) The Company shall not close the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof to the public—
(a) unless—
(i) required by the Director for the reason that it reasonably appears to him; or
(ii) it appears to the Company,
that such closure is necessary to enable any works to be carried out pursuant to any obligation imposed by or under this Ordinance or the project agreement; or
(b) unless—
(i) required by the Commissioner for the reason that it appears to him; or
(ii) it appears to the Company,
that such closure is necessary due to an emergency or an accident or for the safety of persons using or employed in the toll area or for routine maintenance or cleaning.
(2) Before closing the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof under subsection (1)(a) or (b)(ii), the Company shall, except in the case of a closure due to an emergency or an accident, notify the Commissioner of the intended closure and the relevant particulars, including the period for (with dates and times) and the extent to which it is intended to be closed.
(3) Where the Company effects a closure due to an emergency or an accident the Company shall make a report to the Commissioner regarding such closure as soon as practicable after such closure.
(4) Before opening the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof after a closure, the Company shall notify the Commissioner in writing of the date on and time at which it is intended to be opened, and in the case of a closure under subsection (1)(a)(i), in addition, obtain the consent of the Director for the reopening.
(5) Where the Company effects a closure under this section, or where it opens the Tai Lam Tunnel and Yuen Long Approach Road or any part thereof after a closure, the Company shall inform the Commissioner, as soon as practicable, in the event of any change relating to the particulars supplied under subsection (2) or (4).
(6) Notwithstanding anything in this section, the Commissioner may, in consultation with the Company, determine the circumstances (which may include closure for the purpose of routine maintenance or on account of an accident and reopening after such closure) in which any requirement of notification or reporting in this section may be dispensed with and any such requirement shall not apply in respect of a closure or reopening after a closure in circumstances so determined for the time being.