### Post-Release Supervision of Prisoners Ordinance 《監管釋囚條例》

23. Regulations
(1) The Chief Executive may make regulations for the better carrying out of the objects of this Ordinance. (Amended 15 of 1999 s. 3)
(2) Without limiting the generality of subsection (1), regulations made under this section may provide for—
(a) the specification of a sentence for the purposes of section 3(1)(b); (Amended 17 of 2018 s. 123)
(b) the tenure of persons appointed as members of the Board;
(c) the quorum of the Board, and the conduct of the Board’s business;
(d) referrals to the Board by the Commissioner under section 6;
(e) the procedures in respect of any matter for which the Board or the Chairman or Deputy Chairman may make an order;
(f) matters which may or shall be taken into account by the Board for the purpose of making orders under this Ordinance;
(g) the form of any order to be made by the Board, and the manner of notifying the Commissioner of such order;
(h) the duties of the Commissioner in relation to the proper functioning of the Board;
(i) the service of any document on any person, and the notification by any prisoner who may be or has been released under this Ordinance of an address for service for the purposes of this Ordinance;
(j) the manner in which a prisoner should be allowed an opportunity to make representations to the Board for the purposes of section 21(1)(b);
(k) any matter which may or shall be prescribed under this Ordinance.
(3) Regulations made under subsection (2)(g) may provide for the specification by the Commissioner of the form of any order.

24. Transitional
(1) Subject to subsection (2), this Ordinance applies to persons sentenced before the date on which it comes into operation (the commencement date

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

1. Short title
This Ordinance may be cited as the Tai Lam Tunnel and Yuen Long Approach Road Ordinance.

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

3. Variation of plan
(1) The Commissioner may, with the agreement of the Company, vary the boundaries of the toll area.
(2) Where any boundaries are varied under subsection (1), the Commissioner shall prepare a plan delineating the toll area as so varied and indicating its location, extent and boundaries.
(3) The Commissioner shall—
(a) assign a number to such plan, sign and date it;
(b) deposit it in the Land Registry; and
(c) as soon as practicable thereafter, notify in the Gazette that it has been so deposited.
(4) Any plan deposited under subsection (3) shall supersede the plan deposited in the Land Registry immediately before that under or by virtue of this Ordinance.

4. The franchise
Subject to this Ordinance, the Company shall have the franchise to—
(a) design, construct and complete the construction works;
(b) operate the Tai Lam Tunnel and Yuen Long Approach Road from the operating date until the expiry of the franchise period;
(c) maintain—
(i) the Tai Lam Tunnel and Yuen Long Approach Road (other than that part of the northbound carriageway of the Ting Kau Bridge Viaduct; and that part of the south section of the Slip Road C abutting Tuen Mun Road which are shown and described on the plan as the “operated facilities”); and
(ii) that part of the southbound carriageway from the junction of that carriageway with Slip Road C up to the Ting Kau Bridge Viaduct shown and described on the plan as the “maintained facilities”,
from the operating date until the expiry of the franchise period; and
(d) collect the tolls for the use by the public of the Tai Lam Tunnel and Yuen Long Approach Road (within the meaning of section 27(2)), from the operating date until the expiry of the franchise period,
in accordance with the project agreement.

5. Effect of franchise
(1) Section 4 shall be construed as conferring on the Company any wayleave or other right necessary for the purposes of the franchise.
(2) Subject to subsections (1) and (3), neither this Ordinance nor the franchise shall operate to confer or be construed as conferring on the Company any title, right or interest to, in, under or over the land on which the construction works are, or are to be, constructed or the land which the toll area comprises.
(3) Subsection (1) shall not operate to affect or be construed as affecting any agreement—
(a) pursuant to which land is to be subsequently leased to the Company for any purpose connected with the franchise; and
(b) being an agreement which is declared to be an agreement to which this subsection applies.

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

6. Prohibition on assignment, etc. of franchise rights
(1) Subject to section 7, the Company shall not assign, subgrant, underlet or otherwise dispose of its rights under this Ordinance or enter into an agreement for such disposal except with the prior consent of the Governor in Council and in accordance with the terms of such consent.
(2) The Governor in Council shall not withhold consent for any disposal described in subsection (1), where the Governor in Council is satisfied that such disposal is necessary or desirable in order to give effect to any arrangements entered into for the purpose of complying with a notice given under section 51(2) and that—
(a) the arrangements are adequate for that purpose; and
(b) the person to whom the rights are to be disposed is a person in whom such rights may properly be vested or to whom such rights may properly be transferred.
(3) Without affecting the generality of any power of the Governor in Council under subsection (1), the Governor in Council may, under that subsection, consent to a disposal which will have the effect of transferring the franchise from the person who was the Company immediately before such disposal, to another person.
(4) Where the Governor in Council has consented to any disposal under subsection (1), and such disposal has had the effect described in subsection (3), the Secretary shall give notice in the Gazette of the date of such transfer and the name of the person to whom the franchise was so transferred.

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

7. Mortgages and charges
(1) The Company may provide security as regards the payment or repayment of any moneys owing by it under any agreement or arrangement entered into for the purpose of obtaining moneys—
(a) to finance or refinance—
(i) the designing, carrying out or completion of the construction works;
(ii) any undertaking relating to any obligation imposed on the Company by or under this Ordinance or the project agreement; or
(b) for such other purposes as the Financial Secretary may permit by prior notice in writing to the Company,
by mortgaging, assigning by way of security or otherwise charging any right conferred on it under this Ordinance, or by a similar arrangement and the consent of the Governor in Council shall not be required for any such mortgage, assignment, charge or arrangement.
(2) A mortgage, assignment by way of security or other charge referred to in subsection (1) in so far as it relates to a right conferred on the Company shall not be enforced, whether by order of any court or otherwise, except with the prior consent of the Governor in Council and in accordance with the terms or conditions of such consent.
(3) Without affecting the generality of any power of the Governor in Council under subsection (2), the Governor in Council may, under that subsection, consent to an enforcement which will have the effect of transferring the franchise from the person who was the Company immediately before such enforcement, to another person.
(4) Subsection (2) and section 6(1) shall not apply to any mortgage or assignment by way of security of, charge on or other arrangement relating to, the right of the Company to receive the tolls under Part VIII or the whole or any part of the Company’s revenue from such tolls, and which secures any debt or obligation of the Company.
(5) Where the Governor in Council has consented to any enforcement under subsection (2), and such enforcement has had the effect described in subsection (3), the Secretary shall give notice in the Gazette of the date of such transfer and the name of the person to whom the franchise was so transferred.