### Merchant Shipping (Safety) (Grain) Regulations 《商船(安全)(穀物)規例》

8. Exemptions
(1) The Director may exempt any ship which complies with the stability criteria set out in paragraph 2 of the Schedule from the requirements of A11 to A18 of the Grain Code where he is satisfied as to the provisions for loading or the structural arrangements of the ship. (L.N. 319 of 1995)
(2) The Director may, if he considers that the sheltered nature and conditions of the voyage are such as to render any of the requirements of these regulations unreasonable or unnecessary, exempt any ship from any of those requirements, subject to such conditions as he may think appropriate.
(3) The Director may alter or cancel any exemption granted pursuant to this regulation.

9. Equivalents
Where these regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried or that any particular method of securing the cargo shall be used or any provision shall be made in a ship the Director may permit any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other method of securing the cargo to be used or any other provision to be made in that ship, if he is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus or type thereof, or method of securing or provision is at least as effective as that required by these regulations.

10. Offences
In any proceedings for an offence under these regulations it shall be a defence for the person charged to show that he exercised all due diligence to avoid the commission of the offence.

### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

1. Short title
This Ordinance may be cited as the Road Tunnels (Government) Ordinance.

### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

3. Application
(1) This Ordinance shall apply to the tunnels named in Schedule 1.
(2) The Chief Executive may amend Schedule 1 by notice in the Gazette. (Amended 20 of 2021 s. 6)
(Amended 7 of 2016 s. 4)

4. A tunnel is a public place
For the purposes of liability for a contravention of any Ordinance, a tunnel shall be a public place.

5. Application of Road Traffic Ordinance
Unless the contrary intention appears from this Ordinance, the Road Traffic Ordinance (Cap. 374) shall apply to a tunnel as if a tunnel were a road within the meaning of that Ordinance.

6. Boundaries and plans
(1) In relation to a tunnel, the Authority—
(a) must determine the boundaries of—
(i) the tunnel; and
(ii) in the case of a boothless mode tunnel, the toll area; and
(b) may, in consultation with the Director, vary the boundaries of the tunnel or (if applicable) its toll area.
(2) In relation to each tunnel, the Director must prepare a plan delineating the boundaries of the tunnel and (if applicable) its toll area as determined under subsection (1)(a).
(3) If the boundaries of a tunnel, or the toll area of a tunnel, are varied under subsection (1)(b), the Director must prepare a plan delineating the boundaries of the tunnel and (if applicable) its toll area as varied.
(Replaced 20 of 2021 s. 8)

7. Certification and deposit of plans
(1) The Director must—
(a) assign a number to a plan prepared under section 6(2) in relation to a tunnel;
(b) sign and date the plan; and
(c) certify the plan as being a plan of the tunnel delineating the boundaries of the tunnel and (if applicable) its toll area as determined.
(2) If a plan is prepared under section 6(3) in relation to a tunnel, the Director must—
(a) assign a number to the plan;
(b) sign and date the plan; and
(c) certify the plan as being a plan of the tunnel delineating the boundaries of the tunnel and (if applicable) its toll area as varied.
(3) A plan numbered, signed, dated and certified under subsection (1) or (2) must be deposited by the Authority in the Land Registry.
(4) A plan deposited in relation to a tunnel under subsection (3) supersedes any plan previously deposited in relation to the tunnel under that subsection.
(5) The Authority must, as soon as practicable after depositing a plan under subsection (3), publish a notice in the Gazette that the plan has been so deposited.
(Replaced 20 of 2021 s. 8)

### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

8. Proof of plans
In any proceedings before any court, a document, purporting to be a copy of a plan of a tunnel delineating the boundaries of the tunnel and (if applicable) its toll area and certified by the Director, is on its production and in the absence of evidence to the contrary—
(a) presumed to be a copy of such a plan and so certified; and
(b) admissible as evidence of those boundaries on the date of certification.
(Replaced 20 of 2021 s. 8)

8A. Transitional provisions relating to plans
(1) In this section—
pre-existing plan (原有圖則) means the last plan of a tunnel deposited under section 7 as in force immediately before the commencement date* of section 8 of the Free-Flow Tolling (Miscellaneous Amendments) Ordinance 2021 (20 of 2021).
(2) For the purposes of this Ordinance, a pre-existing plan of a tunnel, and the boundaries of the tunnel as delineated on the plan, are to be treated as if they were respectively a plan last deposited in relation to the tunnel under section 7, and the boundaries of the tunnel as delineated on the latter plan.
(3) Without limiting subsection (2)—
(a) a pre-existing plan may be superseded under section 7; and
(b) section 8 applies to a document purporting to be a copy of a pre-existing plan of a tunnel, until it is superseded under section 7, in the same way as section 8 applies to a document purporting to be a copy of a plan prepared and certified under sections 6 and 7.
(Added 20 of 2021 s. 8) Editorial Note:
* Commencement date: 2 July 2021.

8B. Designation of boothless mode tunnel
(1) The Authority may, by notice published in the Gazette, designate that a tolled tunnel is to be operated without toll booths, with effect from a time specified in the notice.
(2) For the purposes of subsection (1), the Authority—
(a) may make different designations in respect of a tolled tunnel for traffic flow in different directions; and
(b) may specify that the designation under a notice takes effect from different times in respect of a tolled tunnel for traffic flow in different directions.
(3) A designation under subsection (1) does not prevent tolls from being collected, in the case of emergency or in special circumstances, by any means approved by the Authority.
(4) A notice published under subsection (1) is not subsidiary legislation.

9. Authority may delegate powers
The Authority may in writing delegate any other public officer to exercise the powers and perform the duties conferred or imposed on him by this Ordinance.