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

19. Maintenance and remedial work
(1) The Company shall maintain the tunnel area and the tunnel facilities to the satisfaction of the Director of Highways.
(2) Where the tunnel area or the tunnel facilities are not maintained to the satisfaction of the Director of Highways, the following applies—
(a) the Director of Highways may, by a notice in writing served on the Company, require the Company to carry out, within such period as is specified in the notice, such work as specified by him (being work he considers necessary for the proper maintenance of the tunnel area and the tunnel facilities);
(b) if in the opinion of the Director of Highways, public interest will be better served if the work referred to in paragraph (a) were to be carried out by him, he may carry out that work.
(3) Where the Director of Highways intends to carry out any work for the purposes of subsection (2)(b), he shall give notice in writing of his intention to the Company.
(4) On receiving a notice under subsection (3), the Company may, by notice in writing given to the Director of Highways within 14 days beginning on the date of the notice, object to the Director carrying out any work and in that notice shall specify the grounds for the objection.
(5) Where the Director of Highways gives a notice under subsection (3)—
(a) subject to paragraph (b), he shall not commence any work for the purposes of subsection (2)(b) until the period of 15 days beginning on the date of giving the notice has expired;
(b) if he receives a notice of objection within the period referred to in paragraph (a), he shall consider the objections and determine whether to carry out the work himself or require the Company to do it, and act accordingly.
(6) Where the Company does not comply with any requirement made under subsection (2)(a), the Director of Highways may carry out such work as he considers necessary for the proper maintenance of the tunnel area and the tunnel facilities.

20. Remedial work in emergency
(1) Where in the opinion of the Director of Highways, the tunnel area or any part of it—
(a) has been rendered dangerous; or
(b) is liable to become dangerous,
and as a result, in his opinion an emergency has arisen or is likely to arise, he may carry out such remedial work as appears to him to be necessary.
(2) Where it is not practicable to give notice to the Company of his intention to carry out any work under subsection (1), the Director of Highways may carry out such work without notice to the Company.

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

21. Recovery of costs by Director of Highways and Commissioner
(1) Where the Director of Highways carries out any work—
(a) under section 19, he may recover from the Company the costs thereof; and
(b) under section 20, he may recover the costs of that part of the work which in his opinion was necessary on account of the emergency or to avert an emergency, as may be appropriate.
(2) The Commissioner and the Director of Highways may recover from the Company any costs incurred in connection with overseeing, in the course of performing their respective functions under this Ordinance, any activity related to the tunnel area or the Tunnel Link.

22. Requirement to furnish information
The Secretary may require the Company to furnish to him within such period as may be specified by him—
(a) particulars relating to the number of motor vehicles using the Tunnel Link; and
(b) particulars relating to the amount of tolls or fees collected by the Company.

23. Specification of vehicles
(1) The Commissioner may determine, for the purposes of this subsection, the classes or description of vehicles for the passage of which the Tunnel Link may be used.
(2) The Commissioner shall notify in the Gazette the classes or description of vehicles determined under subsection (1).
(3) Subject to subsection (4), the Commissioner may determine that the Tunnel Link may be used, in addition for the passage of specified vehicles, for the passage of any vehicle or vehicles of a class or description as are permitted by him for the purposes of this subsection, for such period as may be specified by him in relation to such permission.
(4) The Commissioner may exercise his powers under subsection (3), only where it appears to him that it is necessary to do so due to the existence of a situation which he considers to be an emergency. 
(5) Where the Commissioner makes a determination under subsection (3), he shall, as soon as practicable, inform the Company of the determination and the particulars thereof and require the Company to permit the use of the Tunnel Link for the passage of the permitted vehicles.

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

25. Cessation of operation of Tunnel Link
(1) If the Tunnel Link or any part of it remains closed for a continuous period exceeding 6 months due to the Company failing to carry out any work it is required to carry out under section 27(7) or failing to carry out such works to the satisfaction of the Director of Highways or the Commissioner, as may be appropriate, the Director of Lands may issue a direction stating that the Company has failed to carry out remedial work necessary for the safety and maintenance of the tunnel area.
(2) Where a direction is issued under subsection (1), the powers given to the Company by or under section 4 shall cease with effect from a date specified in the direction.

26. Provision of alternate access and cessation of operation of Tunnel Link
(1) If at any time during the operational period, due to the provision of other means of access between Discovery Bay and North Lantau, the Company is of the opinion that it is not useful to continue the operation of the Tunnel Link, the Company may apply to the Governor in Council for approval to cease the operation of the Tunnel Link for the time being.
(2) Where the Governor in Council approves an application by the Company to cease operating the Tunnel Link, he may require the Company to take such steps as specified by him to prevent access by the public to the Tunnel Link.
(3) The duty of the Company under section 19 to maintain the tunnel area to the satisfaction of the Director of Highways is not affected by any approval given under this section.
(4) The Governor in Council may, with the consent of the Company or on application by the Company, withdraw any approval given under this section.
(5) On a withdrawal under subsection (4), the Company shall resume the operation of the Tunnel Link.
(6) Where the Company ceases the operation of the Tunnel Link under this section and it is not resumed within the period of 24 months beginning on such cessation, the powers given to the Company by or under section 4 shall cease on the expiry of that period.
(7) In subsection (1) operational period (經營期間) means the period beginning on the date determined under section 18(1) and ending on—
(a) the date specified in section 12(1); or
(b) where appropriate, the expiry of the period for which the powers under section 4 are extended under section 12(5).