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

34. Accounts
(1) The Committee shall—
(a) keep proper accounts and records of its financial transactions; and
(b) as soon as practicable after the expiry of a financial year prepare a statement of accounts which shall—
(i) include an income and expenditure account and a balance sheet; and
(ii) be signed by the Chairman.
(2) A statement of accounts referred to in subsection (1) shall be audited by an auditor appointed by the Committee.
(3) The auditor may prepare a report on the statement of accounts and, if he does so, shall certify the statement subject to such report.
(4) The Committee shall cause a copy of the audited statement of accounts, together with the report under subsection (3), if any, and a report by the Committee on the administration of the Fund during the period to which the statements relates, to be laid on the table of the Legislative Council not later than 31 December next following the end of the financial year or such later date as the Governor may allow in a particular case.
(5) In this section financial year (財政年度) has the meaning assigned to year

35. Cessation of Committee
(1) Upon the cessation of the rights and obligations of the Company under section 53(1)—
(a) the Committee and the Fund shall cease to exist, except to the extent of giving effect to paragraph (b); and
(b) the Committee shall pay into the general revenue the moneys constituting the Fund as at the date of such cessation.
(2) Upon the Committee and the Fund ceasing to exist under subsection (1), the provisions of this Part and of Part X relating to the Committee or the Fund shall cease to have effect.
(3) Subsection (1) or (2) shall not operate to affect anything done or any right, obligation or liability acquired, accrued or incurred before such cessation or the institution, continuance or enforcement of any legal proceeding, arbitration or remedy in respect of such right, obligation or liability.

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

36. Definitions
(1) In this Part, unless the context otherwise requires—
Actual Net Revenue (實際淨收入) means, in relation to any year, the gross revenue from whatever source of the Company for that year (other than any revenue or other receipt of a capital nature received in respect of any act, event, omission or circumstance which occurred after the start of construction but on or before the operating date and interest income) calculated on an accruals basis in accordance with the Company’s normal accounting principles less—
(a) interest expense; and
(b) operating costs for that year,
all as calculated and adjusted (if appropriate) in accordance with the provisions in the project agreement for the computation of net revenue;

anticipated toll increase (預期的使用費增加) is a toll increase which the Company expects to be eligible to give effect to pursuant to section 39(1);
Maximum Estimated Net Revenue (最高估計淨收入) means, in relation to any year—
(a) the amount specified in column 3 of Schedule 4 as the Maximum Estimated Net Revenue for that year; or
(b) where pursuant to the project agreement any such amount is adjusted, the amount as so adjusted;

Minimum Estimated Net Revenue (最低估計淨收入) means, in relation to any year—
(a) the amount specified in column 2 of Schedule 4 as the Minimum Estimated Net Revenue for that year; or
(b) where pursuant to the project agreement any such amount is adjusted, the amount as so adjusted;

specified date (指明日期) means a date specified in Schedule 3;

year (年度) means, subject to Note 2 of Schedule 4—
(a) if the operating date is—
(i) 1 August; or
(ii) 30 September; or
(iii) a date between 1 August and 30 September,
in 1998 or any subsequent calendar year, the period beginning on such operating date and ending on 31 July next following and each period of 12 months beginning on 1 August thereafter;
(b) if the operating date is before 1 August 1998, the period beginning on such operating date or 1 June 1998, whichever is later, and ending on 31 July 1999 and each period of 12 months beginning on 1 August thereafter; and
(c) if the operating date is—
(i) after 30 September in 1998 or any subsequent calendar year; or
(ii) before 1 August in 1999 or any subsequent calendar year,
the period of 12 months beginning on 1 August next following such operating date and each period of 12 months beginning on 1 August thereafter.

(2) In the definition of Actual Net Revenue

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

37. Submission of statement of Actual Net Revenue
(1) Not later than 30 days after the end of a year or such longer period as the Secretary may allow in a particular case, the Company shall submit to the Secretary a statement of its Actual Net Revenue for that year audited by an auditor appointed by the Company.
(2) Not later than—
(a) 90 days after the end of each year; or
(b) 60 days beginning on the date a statement of Actual Net Revenue is received under subsection (1),
whichever is later, the Secretary shall inform the Company whether or not he is satisfied with the statement of Actual Net Revenue.
(3) The Secretary shall make a decision in respect of the statement of Actual Net Revenue for the purposes of subsection (2) in accordance with the relevant provisions in the project agreement.
(4) The Secretary may, after the receipt of the statement of Actual Net Revenue, require from the Company further information relating to the statement and the Company shall comply with any such requirement as soon as practicable.
(5) If the Secretary informs the Company under subsection (2) that he is not satisfied with the statement of Actual Net Revenue, and an agreement cannot be reached as to the statement by negotiation between the Secretary and the Company in accordance with the terms of the project agreement, the matter shall be referred for resolution to an independent expert appointed for the purpose in accordance with the project agreement, and the decision of such expert shall be final as regards any matter relating to the statement of Actual Net Revenue.

38. Payments into the Fund
(1) If the Actual Net Revenue of the Company for any year exceeds the Maximum Estimated Net Revenue for that year, the Company shall pay into the Fund the difference between the Actual Net Revenue and the Maximum Estimated Net Revenue.
(2) A payment due under subsection (1) shall be made not later than 31 December next following the end of the year to which the payment relates or such later date as may be appropriate having regard to the project agreement.