### Tung Chung Cable Car Ordinance 《東涌吊車條例》

30. Consequences of expiry of franchise period
Upon the termination of the franchise by expiry of the franchise period, no compensation is payable by the Government to the Company except for the residual value, calculated in accordance with the Project Agreement, of any thing which—
(a) forms part of the assets purchased by the Company;
(b) was purchased with the agreement of the Financial Secretary within the 5 years immediately preceding the expiry of the franchise period; and
(c) is owned by the Company on the expiry date.

31. Government not liable for Company’s debts
The vesting of the assets of the Company in the Government under this Part does not make the Government liable for any debts of the Company.

32. Meaning of assets
In this Part—

assets (資產) means—
(a) the Cable Car System;
(b) all buildings, machinery, plant and equipment which form part of the Cable Car System or are ancillary to the construction, operation and maintenance of the System; and
(c) spare parts and special tools as defined in the Project Agreement.

33. Arbitration
(1) Any dispute between the Company and the Government regarding—
(a) a default decision; or
(b) the operation of the Project Agreement,
if not resolved by mutual agreement or mediation, is to be resolved by arbitration as provided for in the Project Agreement.
(2) In this section, default decision (失責行為決定) means a decision that the Company is in default in terms of section 24, but does not include—
(a) a decision relating to the application of the Aerial Ropeways (Safety) Ordinance (Cap. 211) or of regulations made or codes of practice issued under it;
(b) a decision relating to the safety of the Cable Car System generally;
(c) a decision of the Secretary to serve a notice to remedy a default under section 25.

(3) This section is in addition to the provisions for arbitration in sections 19(13) and 29(7).

34. Directions by Chief Executive in Council
(1) If the Company gives notice of its intention to commence arbitration proceedings concerning a decision in respect of which arbitration is available under this Ordinance or the Project Agreement, it may, within 28 days beginning on the date on which it gives the notice, apply to the Chief Executive in Council in writing to issue directions as described in subsection (2).
(2) On an application under subsection (1) in respect of a decision, the Chief Executive in Council may issue directions with regard to the enforcement of the decision pending the determination or abandonment of the arbitration proceedings.
(3) A decision which has been referred to the Chief Executive in Council under subsection (1) may be enforced pending the determination or abandonment of the arbitration proceedings, but subject to directions issued under subsection (2).

### Tung Chung Cable Car Ordinance 《東涌吊車條例》

35. Certificate as to moneys owing to Government
A certificate duly signed by or on behalf of the Financial Secretary as to the amount of money owing to the Government by any person under this Ordinance is sufficient evidence of that amount.

36. Non-derogation from Government’s rights
(1) Nothing in this Ordinance or the Project Agreement affects the rights of the Government, its servants or agents, to enter on any land affected by the construction works or to do anything which it or they might have done if those works had not been undertaken, except to the extent that the exercise of such rights is limited by any express provision of this Ordinance or the Project Agreement or by necessary implication from those provisions.
(2) Subsection (1) does not entitle the Government, its servants or agents, to exercise any rights referred to in that subsection in a manner which would derogate from any rights granted to the Company under this Ordinance or the Project Agreement.

37. Limitation of liability
(1) No liability is incurred by the Government or any public officer by reason only of the fact that—
(a) the construction works are carried out in accordance with this Ordinance and the Project Agreement;
(b) the construction works are subject to the inspection or approval of a public officer under this or any other Ordinance.
(2) A breach of a duty imposed on the Company by this Ordinance does not give rise to any civil liability, but the Company remains liable for negligence or any other cause of action which arises independently of such a breach, whether or not in the circumstances there might also be such a breach.

38. Offence to obstruct Company
A person who wilfully and without reasonable excuse obstructs or interferes with the lawful exercise by the Company or its officers, servants or authorized persons of the rights exercisable by the Company under this Ordinance commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months.

39. (Omitted as spent—E.R. 1 of 2013)

### respondent in the petition 《選舉程序(鄉郊代表選舉)規例》

1. Interpretation
In these Rules, unless the context otherwise requires—
election agent (選舉代理人) means an election agent appointed under section 22 of the Electoral Procedure (Rural Representative Election) Regulation (Cap. 541 sub. leg. L); (5 of 2014 s. 77)
judge (法官) means a judge of the Court of First Instance of the High Court;
petitioner (呈請人)—
(a) in relation to an election petition, means the person who lodges the petition; or
(b) in relation to an application under section 13(5)(b), means the person who is substituted as a petitioner;

Registrar (司法常務官) means the Registrar of the High Court;
respondent (答辯人), in relation to an election petition, means the person named as the respondent in the petition.

2. General practice and procedure
Subject to Part 5 of the Ordinance and to these Rules, the practice and procedure of the High Court, including the rules relating to the discovery and inspection of documents and the delivery of interrogatories, apply to an election petition as nearly as circumstances permit as if it were an ordinary action within the jurisdiction of the High Court.

3. Filing of documents
(1) A document required to be filed in proceedings relating to an election petition shall be filed in the Registry of the High Court.
(2) The High Court Fees Rules (Cap. 4 sub. leg. D) apply to proceedings relating to an election petition, with appropriate changes.

4. Form of election petition
An election petition shall be in the form set out in the Schedule.

### respondent in the petition 《選舉程序(鄉郊代表選舉)規例》

5. Signature and lodgement of election petition
(1) An election petition shall be—
(a) signed by the petitioner or by each petitioner if there is more than one; and
(b) lodged in the Court together with 4 copies of it.
(2) The Registrar shall, as soon as possible after the election petition is lodged—
(a) give a receipt for it;
(b) send a certified copy of it to the Director and to the Electoral Affairs Commission;
(c) display a certified copy of it in a conspicuous place in the High Court Building; and
(d) publish a notice in the Gazette, stating that an election petition has been lodged and specifying the parties concerned.
(3) The Registrar shall display a list of the election petitions in a conspicuous place in the High Court Building.
(4) The Director shall, as soon as possible after receiving a copy of the election petition, display it on the notice board at the District Office that is appropriate having regard to the Rural Committee specified for the Rural Area concerned in Schedule 1, 2, 3 or 3A of the Ordinance and in a conspicuous place on or near the outer door of the building in which the office of the Rural Committee is situated. (L.N. 190 of 2003; 5 of 2014 s. 78)

6. Notice of lodgement of election petition
(1) The petitioner shall, within 2 days of the lodgement of the election petition or such other period as the Court may direct, serve on—
(a) the respondent; and
(b) the Secretary for Justice,

a notice of the lodgement of the election petition and a copy of the election petition.
(2) The notice shall state the nature of the security for costs which the petitioner proposes to give.
(3) The notice and the copy of the election petition shall be served in the manner in which a writ of summons is served. The petitioner shall file an affidavit of service as soon as possible after they are served.