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

12. Expiry of powers
(1) Subject to this Ordinance, the powers given to the Company under section 4 shall expire on 30 June 2047.
(2) The Company may apply to the Governor in Council, in accordance with subsection (3), for an extension of the powers referred to in subsection (1).
(3) Any application for the purposes of subsection (2) shall be in writing and submitted to the Director of Lands at least 18 months before the date specified in subsection (1).
(4) Where the Director of Lands receives an application under subsection (3), he shall submit it to the Governor in Council.
(5) On a submission under subsection (4), the Governor in Council may extend the powers referred to in subsection (1) for a period specified by him or refuse the application (in which case subsection (1) shall apply).

13. Company to construct Tunnel Link at its own expense
The Company shall, at its own expense, carry out and complete the construction works and the installation of the tunnel facilities and bear the costs of the operation and maintenance of the Tunnel Link.

14. Start of construction
(1) Notwithstanding section 4(1) or (2), the Company shall not commence the construction works before such date as may be agreed between the Director of Lands and the Company for the commencement of the construction works.
(2) The Director of Lands shall not agree on a date for the commencement of the construction works until the Company complies with section 15 and unless the estimated time for completion furnished to the Secretary under section 15(a)(ii) is acceptable to the Secretary and the Director of Lands.

15. Company to furnish estimates, etc.
The Company shall—
(a) furnish to the Secretary—
(i) detailed estimates as to the cost of the completion of the construction works and the installation of the tunnel facilities;
(ii) a programme for carrying out the construction works and installing the tunnel facilities, being a programme which includes (in particular) information as to the estimated time, from the commencement of the construction works, to the completion of the construction works and the installation of facilities; and
(b) establish to the satisfaction of the Secretary that sufficient funds to complete the works referred to in paragraph (a) are available to the Company.

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

16. Failure to complete construction
(1) After the Company commences the construction works, if it decides not to complete them, it shall notify the Director of Lands of such decision.
(2) Where the Director of Lands receives a notification under subsection (1), he shall issue a direction stating that the Company has given notice that it has decided not to complete the construction works.
(3) If after the Company commences the construction works, it fails to complete them and the installation of the tunnel facilities within 12 months of the estimated date for such completion or such longer period as the Director of Lands may specify and does not give an explanation to the satisfaction of the Director of Lands for such failure, the Director of Lands shall issue a direction stating that the Company has failed to complete the construction works within the required period.
(4) Where a direction is issued under subsection (2) or (3), the powers given to the Company by or under section 4 shall cease with effect from a date specified for the purpose in the direction.
(5) Where there is a cessation of powers under subsection (4), the Company shall, if the Director of Lands so requires, restore at its own expense, as far as it is practicable, that part of the unleased area on which there are construction works, to its original condition as soon as practicable.
(6) Where the Company fails to comply with a requirement under subsection (5), or fails to comply with such a requirement to the satisfaction of the Director of Lands, the Director may effect such works as are necessary to restore the unleased area, as far as practicable, to its original condition.
(7) The Director of Lands may recover from the Company all costs incurred in connection with any restoration of the unleased area under subsection (6).
(8) In subsection (3), estimated date for completion (預計竣工日期) means a date determined by the Director of Lands on the basis of the estimated time for completion furnished under section 15(a)(ii).

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

17. Operation of Tunnel Link
(1) The Company shall provide adequate and efficient personnel to the satisfaction of the Commissioner for the control of motor vehicles and persons in the tunnel area.
(2) The design, construction and installation of the tunnel facilities shall be subject to the approval of the Director of Highways.
(3) Without affecting the generality of section 19 and subsection (2), the Company shall—
(a) install in the tunnel area a system of radio communication, being a system that is satisfactory to the Commissioner of Police and the Director of Fire Services;
(b) if the Commissioner of Police or the Director of Fire Services so requires, effect any modifications (which may include upgrading or enhancement), specified by that Commissioner or Director, as may be appropriate, to the system referred to in paragraph (a);
(c) install a system, for control and surveillance of traffic in the tunnel area, to the satisfaction of the Commissioner;
(d) if the Commissioner so requires, effect any modifications (which may include upgrading or enhancement), specified by him, to the system referred to in paragraph (c).
(4) The Company shall bear the expenses of the installation and the modification (if any) of any system referred to in subsection (3) and the responsibility (including expenses) for its maintenance.
(5) The Company shall ensure that the Tunnel Link is not used for the passage of vehicular traffic (other than vehicles concerned with the construction works) until the date determined under section 18(1).
(6) The obligations of the Company under this section are in addition to any requirements specified in regulations made under section 28.

18. Opening of Tunnel Link
(1) Where the Commissioner is satisfied that the Tunnel Link is ready for the passage of vehicular traffic, he shall—
(a) determine a date for the commencement of its operation; and
(b) notify in the Gazette the date determined under paragraph (a).
(2) The date referred to in subsection (1) shall be the soonest practical date after the Director of Highways has issued a certificate to the Commissioner and the Company that in his opinion the Tunnel Link is in a condition fit for the passage of traffic.