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

46A. Making false statements and omitting material particulars
(1) A person who makes a false statement in supplying particulars required under section 46 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 46 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)

47. 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 46; and
(c) states that the accused person was the driver of the vehicle at the time of the alleged offence,
the court may admit the statement as prima facie evidence of the fact that the accused person was the driver of the vehicle at the time of the offence.
(2) (Repealed 29 of 1999 s. 2)

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

47A. 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 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 matter the subject of the document.
(Added 29 of 1999 s. 2)

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

47B. Certificates as to photographic process
(1) A document in such form as may be specified by the Commissioner 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 in the document, 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 in it.
(2) The Company may appoint in writing such persons as it thinks fit to carry out the processing of exposed film and to sign certificates under subsection (1) in relation to the processing.
(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 matter the subject of the document.
(Added 29 of 1999 s. 2)

48. Proof of plan
(1) In any proceedings for an offence under this Ordinance, any document purporting to be a copy of the plan and signed and certified by the Commissioner as being a copy of the plan shall be admissible as evidence of the extent and boundaries of the toll area.
(2) Where in any proceedings referred to in subsection (1), the document referred to in that subsection is produced, it shall not be necessary to prove the signature of the Commissioner or that the person who signed it was the Commissioner on the date of signing.

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

49. Definitions and application
(1) In this Part—
driver (駕駛人), in relation to any motor vehicle, means any person who is in charge of or assisting in the control of such vehicle;
driving licence (駕駛執照) means a licence issued in accordance with regulations made under section 8 of the Road Traffic Ordinance (Cap. 374);
owner (車主) includes the person in whose name a vehicle is registered under the Road Traffic Ordinance (Cap. 374) and the person by whom the 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 that agreement;
toll area control officer (收費區管理人員) means any person authorized by the Company to act in connection with the control, restriction and safety of traffic in the toll area.
(2) The powers conferred on a toll area control officer by section 46, other than the power to make a requirement by serving a notice under subsection (2) of that section, may be exercised only within the toll area.

50. Default
For the purposes of this Part, the Company shall be deemed to be in default if—
(a) it has failed or there is a substantial likelihood of its failing to complete the construction works within the period referred to in section 13(a) or extended period referred to in section 13(b), as may be appropriate;
(b) there has been a substantial failure by it to discharge a material obligation under the project agreement;
(c) it has failed or there is a substantial likelihood of its failing in any material respect to maintain or operate the Tai Lam Tunnel and Yuen Long Approach Road in accordance with this Ordinance;
(d) the Guarantors having been called upon under the guarantee agreement fail to respond to such call within a reasonable period;
(e) any Guarantor is in breach of any provision of the guarantee agreement and such breach is a material breach and has not been rectified by any other Guarantor or is incapable of being rectified; and (Amended 37 of 1998 s. 12)
(f) (Repealed 37 of 1998 s. 12)(g) it fails to pay a financial penalty imposed under section 60 when it is due for payment,
and the expression default (失責行為) shall be construed accordingly.