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

27. Closure
(1) The Tunnel Link shall not be closed for the passage of vehicles for which it may be used under this Ordinance, other than in the circumstances specified in this section.
(2) A person specified in subsection (3) may require the Company to close the Tunnel Link or the Company may close the Tunnel Link if in the opinion of that person or the Company, as the case may be, such closure is necessary due to an emergency.
(3) The persons referred to in subsection (2) are the Commissioner of Police, the Director of Fire Services, the Commissioner and the Director of Highways.
(4) Where—
(a) the Company closes the Tunnel Link under subsection (2), it shall inform the persons specified in subsection (3); and
(b) any person specified in subsection (3) requires the Company to close the Tunnel Link, he shall inform the other persons specified in that section,
as soon as practicable.
(5) Where the Tunnel Link is closed under subsection (2)—
(a) by the Company pursuant to a requirement under that subsection, the person who makes the requirement shall, as soon as he is satisfied that it is safe to reopen the Tunnel Link, require the Company to reopen it; and
(b) by the Company, the Company shall reopen the Tunnel Link as soon as it is satisfied that it is safe to do so.
(6) The Company—
(a) may close the tunnel area or any part of it for maintenance, safety or operational reasons; and
(b) shall inform the Commissioner in writing at least 14 days before the proposed date for the closure, of the reasons for such closure and the proposed date for reopening it.
(7) Where it appears either to the Director of Highways or the Commissioner that the Tunnel Link should be closed in the interests of safety or for maintenance, the Director or the Commissioner, as the case may be, shall require the Company by notice in writing to close it immediately and to carry out, at its own expense, such remedial work as is specified in the notice as soon as practicable.
(8) Where the Tunnel Link is closed pursuant to subsection (7), the Company shall not reopen it until the Director of Highways or the Commissioner, as the case may be, is satisfied that the work has been carried out and it is safe to reopen the Tunnel Link and notifies the Company accordingly.

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

28. Regulations
(1) The Secretary may make regulations for all or any of the following purposes—
(a) to require—
(i) the provision by the Company of traffic signs and road markings in the tunnel area and to provide for matters related thereto (including the classes or types of such signs or markings, their design and colour, placing, operation, maintenance, alteration and removal);
(ii) the display by the Company, in a manner specified in or required under the regulations, of notices stating the tolls or fees payable for the use of the Tunnel Link;
(b) to require the Company to take measures to prevent or control the carriage of dangerous goods through the Tunnel Link and, if he thinks it fit, to specify the measures to be so taken;
(c) to provide for—
(i) the powers of the personnel provided by the Company for the control, restriction and safety of traffic in the tunnel area; and
(ii) the circumstances under and the extent to which police officers may take over the control and restriction of traffic in the tunnel area;
(d) to specify requirements as to the installation, operation and maintenance by the Company of adequate, efficient, and safe facilities for the passage of motor vehicles through the Tunnel Link and the control and safety of motor vehicles and persons in the tunnel area;
(e) without limiting the generality of paragraph (d), to require the provision by the Company of fire service installations and equipment within the tunnel area;
(f) to specify requirements as to the provision by the Company of adequate and efficient personnel for the passage of motor vehicles through the Tunnel Link and the control and safety of motor vehicles and persons in the tunnel area;
(g) to require the maintenance by the Company of such records for the purposes of section 22 or as may be specified in the regulations;
(h) to specify requirements to be complied with by the Company for the purpose of maintaining air quality within the tunnel, and to specify, in relation to such gases as specified by him, levels to be maintained, to prevent the concentration of such gases;
(i) to require the provision by the Company of a radio rebroadcasting system in the Tunnel Link; and
(j) to provide for such other matters as the Secretary considers necessary or expedient to give effect to the regulations.
(2) Without prejudice to any other provision in this Ordinance, regulations made under subsection (1) may provide that the provision of any facility or compliance with any requirement under the regulations shall be in a manner specified by or to the satisfaction of such authority as is specified in the regulations for such purpose.

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

29. Powers of tunnel officers
(1) A tunnel officer may, in the tunnel area, take any action specified in subsection (3) for the purpose of—
(a) regulating traffic; or
(b) preventing the commission of an offence.
(2) If a tunnel officer—
(a) reasonably suspects that an offence has been committed; or
(b) reasonably believes that a driver has been involved in an accident,
he may, in the tunnel area, take any action specified in subsection (3).
(3) The action a tunnel officer may take for the purposes of subsection (1) or (2) is as follows—
(a) he may direct a driver to stop the vehicle or to proceed to any place in the tunnel area indicated by the tunnel officer and to stop there;
(b) he may stop any vehicle which has entered the tunnel area or prevent any such vehicle from entering that area;
(c) he may require a driver to produce his driving licence;
(d) he may require a driver to furnish the name and address of the registered owner of the vehicle being driven by him where that information is within his knowledge;
(e) he may require any person whom a tunnel officer reasonably believes to have witnessed any accident or the commission of an offence, to furnish to him his name and address;
(f) he may detain, if necessary by the use of reasonable force, a driver, a vehicle or both until they are delivered into the custody of a police officer.
(4) A person who obstructs a tunnel officer in the exercise of the powers conferred on him by or under this Ordinance or who fails to comply with a direction or requirement made under subsection (3) commits an offence.
(5) A person who commits an offence under subsection (4) is liable to a fine at level 2.
(6) The powers given to a tunnel officer under this section—
(a) are without prejudice to section 63 of the Road Traffic Ordinance (Cap. 374); and
(b) are in addition to any powers conferred on a tunnel officer by regulations made under section 28.
(7) In this section—
(a) driver (司機) in relation to any motor vehicle, means any person who is in charge of or assisting in the control of such vehicle;
(b) driving licence (駕駛執照) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);
(c) registered owner (登記車主) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);
(d) offence (罪行) means (other than in subsections (4) and (5)) an offence against the Road Traffic Ordinance (Cap. 374) or under the bylaws made under section 30.