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

8. Directors of the Company
(1) A majority of the directors of the Company shall be persons each of whom is ordinarily resident in Hong Kong.
(2) The Governor shall have power, notwithstanding any provision of the Companies Ordinance (Cap. 622), the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) or any other law, the memorandum of association (if any) or articles of association of the Company or any other instrument, to appoint 2 directors to the board of directors of the Company. (Amended 28 of 2012 ss. 912 & 920)
(3) In subsection (1) ordinarily resident (通常居於) means residence for not less than 180 days in any calendar year or residence for not less than 300 days in 2 consecutive calendar years.

9. Powers of Financial Secretary
(1) The Financial Secretary or any person authorized in writing by him may—
(a) for the purpose of ascertaining—
(i) the expenses and the financial arrangements relating to the carrying out of the construction works, incurred or made before the operating date; or
(ii) the amount payable into the Fund under Part X; or
(b) in order to ascertain the Actual Net Revenue for the purposes of Part X,
inspect at any reasonable time books of account, vouchers, receipts or any other record of the Company (including records maintained by the Company in accordance with section 25) and make extracts from any such document or take away any such document for further examination.
(2) In subsection (1) document (文件) or record (紀錄) includes a book, voucher, receipt or data material, or information which is recorded in a non-legible form but is capable of being reproduced in a legible form.

10. Tax provisions
For the purposes of Part 6 of the Inland Revenue Ordinance (Cap. 112), the Company shall be deemed to be the owner— (Amended E.R. 1 of 2012)
(a) during the period beginning on the start of construction and ending on the day immediately before the operating date, of the construction works; and
(b) during the period beginning on the operating date and ending on the expiry of the franchise period or on the cessation of the rights and obligations of the Company under section 53(1) (whichever event first occurs), of the Tai Lam Tunnel and Yuen Long Approach Road.

11. Construction works to be carried out at the expense of the Company
The Company shall, at its own expense, design and carry out the construction works in accordance with the project agreement and this Ordinance.

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

12. Start of construction
(1) Except where it is permitted otherwise under the project agreement, the Company shall not commence the construction works before such date as may be agreed between the Director and the Company for the commencement of the construction works or, in the absence of such agreement, as the Director may determine for that purpose.
(2) The Director shall notify in the Gazette the date as agreed or determined under subsection (1).

13. Period within which works must be completed
The Company shall complete the construction works within—
(a) 38 months beginning on the start of construction; or
(b) such extended period as may be allowed by the Director—
(i) on any ground specified for that purpose in the project agreement; and
(ii) in accordance with that agreement.

14. Determination of date of completion
For the purposes of section 13, the Company shall be deemed to have completed the construction works on the operating date.

15. Buildings Ordinance not to apply
(1) Subject to subsection (2), the Buildings Ordinance (Cap. 123) shall not apply in relation to the construction works.
(2) The Secretary for Development may, by notice in the Gazette, apply the Buildings Ordinance (Cap. 123), or any provision thereof, to any of the construction works, except to works which are civil engineering works. (Amended L.N. 330 of 1999; L.N. 106 of 2002; L.N. 130 of 2007)

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

16. Utilities through the toll area
(1) Notwithstanding anything to the contrary in any other Ordinance—
(a) the Company shall not install any utility within the toll area without the approval of the Commissioner except in circumstances determined for the time being under subsection (4); and
(b) any other person shall not install any utility within the toll area without the consent of the Company.
(2) The Company shall not give consent for the purpose of subsection (1)(b) unless the Commissioner has previously approved the giving of consent and the terms and conditions (other than a term or condition relating to charges), if any, subject to which consent is to be given.
(3) The Commissioner may, in granting approval under subsection (1)(a), impose such conditions as he considers appropriate in relation to the installation by the Company of any utility within the toll area and the subsequent use by any other person of such utility.
(4) The Commissioner may, for the purposes of subsection (1)(a), determine, in consultation with the Company, the circumstances in which his approval is not required for installation of utilities in the toll area, by the Company.
(5) The Commissioner shall not grant his approval under subsection (1)(a) or (2) or make a determination under subsection (4) unless he is satisfied that the safety of persons using or employed in the toll area or its vicinity, and the passage of motor vehicles through the toll area, will not be adversely affected by such installation or the making of or the terms of such determination, as the case may be.
(6) For the purposes of this section, in so far as it is reasonably practicable and feasible to do so, the Company shall treat all applications for the installation of utilities within the toll area—
(a) fairly and in a similar manner; and
(b) shall, subject to subsection (2), impose similar terms and conditions (including charges), as regards such installation.
(7) Subsection (6) shall not be construed as preventing the Company, after considering an application referred to in that subsection—
(a) from refusing to consent to the relevant installation for the reason that the application—
(i) is not made in good faith; or
(ii) is made by a person who has no real interest in such installation; or
(b) from imposing any condition as regards an application where it is reasonable to do so.
(8) The Company shall afford, to the owner or person having the control of any utility in the toll area, reasonable access to such utility.