### Public Bus Services Ordinance 《公共巴士服務條例》

2A. Construction of references to the Ordinance in a franchise, programme or agreement
Unless the context otherwise requires, any reference to this Ordinance (whether as the Public Omnibus Services Ordinance 1975 (59 of 1975) or otherwise), or to any provision thereof, franchise, programme, agreement or other document under or in pursuance of this Ordinance shall be deemed to be a reference to this Ordinance or such provision thereof as amended from time to time.
(Added 44 of 1984 s. 3)

3. Power of Chief Executive to give directions to a public officer
(1) The Chief Executive may give to a public officer such directions as he thinks fit with respect to the exercise or performance of his powers, functions and duties under this Ordinance, either generally or in any particular case.
(2) A public officer shall, in the exercise or performance of his powers, functions and duties under this Ordinance, comply with any direction given by the Chief Executive under subsection (1).
(Amended 44 of 1984 s. 4; 62 of 1999 s. 3)

### Public Bus Services Ordinance 《公共巴士服務條例》

7. Restriction on assignment or other disposition of franchise
A grantee shall not assign or otherwise dispose of its franchise, or any part thereof, without the approval of the Chief Executive in Council.
(Amended 62 of 1999 s. 3)

### Public Bus Services Ordinance 《公共巴士服務條例》

8. Directors of grantee companies
(1) Save where the Chief Executive in Council otherwise permits on the granting of a franchise, a majority of the directors of a grantee shall be individuals who are ordinarily resident in Hong Kong. (Amended 80 of 1982 s. 2; 28 of 1998 s. 2; 62 of 1999 s. 3)
(2) A majority of the directors required under subsection (1) shall participate actively in the direction of the grantee.

9. Chief Executive may appoint additional directors
(1) The Chief Executive may, notwithstanding any provision of the Companies Ordinance (Cap. 622), the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) or any other law or of any document, appoint not more than 2 persons to be additional directors of a grantee; and, notwithstanding any such provision as aforesaid, a person so appointed may not be removed from the board of a grantee except by the Chief Executive. (Amended 62 of 1999 s. 3; 28 of 2012 ss. 912 & 920)
(2) A person so appointed to be an additional director of a grantee shall represent the Government and for that purpose shall be entitled to participate at meetings of the grantee and the board of the grantee, to have access to all material concerning the affairs of the grantee which is available to any other director and require such information with respect to the grantee’s affairs as he may specify to be furnished to him, and, without prejudice to the foregoing but subject to subsection (3), any such person shall be treated for all purposes as if he had been appointed at a general meeting of the grantee as a director thereof.
(3) No fee or reward, financial or otherwise, shall be paid by a grantee to a person appointed to be an additional director of the grantee under this section in respect of his performance of the functions of such a director.

10. Grantee not to alter memorandum or articles without Chief Executive’s approval
No alteration shall be made during the franchise period to the memorandum of association (if any) or articles of association of a grantee without the approval of the Chief Executive.
(Amended 62 of 1999 s. 3; 28 of 2012 ss. 912 & 920)

11. Grantee to operate on specified routes only
(1) Subject to subsection (2), a grantee shall not operate a public bus service otherwise than on a specified route.
(2) Whenever circumstances beyond the control of a grantee so require, a grantee may cause a public bus service to be diverted from a specified route for so long as such circumstances continue to so require.

### Public Bus Services Ordinance 《公共巴士服務條例》

12. Grantee to maintain proper service
(1) A grantee shall, at all times during the franchise period, maintain to the satisfaction of the Commissioner a proper and efficient public bus service.
(2) Without prejudice to the generality of subsection (1), the grantee shall not be treated for any purpose of this Ordinance as maintaining a proper and efficient public bus service unless it maintains the service and operates the same in accordance with its franchise, this Ordinance, any direction or requirement under its franchise or this Ordinance and any programme or any approval under section 16A. (Amended 44 of 1984 s. 7)

### Public Bus Services Ordinance 《公共巴士服務條例》

12A. Forward planning programme
(1) With effect from 1 January 1985, a grantee shall in each year, not later than 30 June, prepare a programme of the operations of the grantee for the following 5 years in respect of the matters specified in the Schedule, and the grantee and the Commissioner shall, subject to subsection (4), take all reasonable steps to reach agreement on the programme by 30 September in that year; and the programme as agreed under this subsection or as settled under subsection (4) shall be submitted to the Secretary for Transport and Logistics by the Commissioner.
(2) A programme submitted to the Secretary for Transport and Logistics under subsection (1) in any year shall upon such submission come into force and supersede the programme (if any) so submitted in the immediately preceding year, but where a programme is not submitted in any year the programme submitted in the previous year shall, without prejudice to subsection (5), continue in force until it is superseded or it expires, whichever is the earlier.
(3) A programme which is in force under this section may from time to time be altered by mutual consent of the Commissioner and a grantee and such alterations shall be submitted to the Secretary for Transport and Logistics by the Commissioner and upon such submission the programme shall continue in force as altered.
(4) If the grantee and the Commissioner fail to reach agreement on any point in a programme prepared by a grantee under subsection (1) in any year, or fail to mutually agree any alterations under subsection (3), the grantee and the Commissioner shall forward the details of the point in disagreement to the Secretary for Transport and Logistics who shall decide on the point having regard to the submissions of the grantee and the Commissioner and such decisions of the Secretary for Transport and Logistics shall, subject to section 33, be final and shall be incorporated in the programme and such programme shall be the settled programme.
(5) Where, without reasonable excuse, a grantee fails to prepare a programme in compliance with subsection (1) it shall be deemed to be incapable of maintaining a proper and efficient service.
(Added 44 of 1984 s. 8. Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

### Public Bus Services Ordinance 《公共巴士服務條例》

12B. Relevance of programme and non-compliance in certain circumstances
(1) In the exercise of any power under this Ordinance, the Chief Executive in Council and the Commissioner shall have regard to a programme. (Amended 62 of 1999 s. 3)
(2) Where a grantee fails to comply with a programme by reason of circumstances beyond its control, such failure shall not be taken as a breach of its franchise or a failure to maintain a proper and efficient services.
(Added 44 of 1984 s. 8)