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

20. Restrictions in connection with section 19
Except with the written permission of the Commissioner, a grantee shall not—
(a) use any premises provided and maintained in accordance with section 19 other than for the construction, repair, maintenance or parking of vehicles used by the grantee in connection with its franchise; or
(b) undertake or permit to be undertaken the construction, repair or maintenance of vehicles used by the grantee in connection with its franchise, or the parking of such vehicles when they are not in use, other than in premises provided and maintained in accordance with section 19.
(Replaced 82 of 1995 s. 3) Editorial Note:
The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995).

21. Inspection of premises, maintenance facilities and vehicles
(1) The Commissioner, and any person authorized in writing by him, may—
(a) at all reasonable times inspect—
(i) any premises used by a grantee in connexion with its franchise and all facilities provided by a grantee for the construction, repair and maintenance of vehicles so used by it;
(ii) any vehicle used by a grantee in connexion with its franchise;
(b) require a grantee to carry out in respect of all such vehicles, or such of those vehicles as he may specify, such repair, maintenance or other works, within such time (being not less than 3 months), as he may specify; (Amended 44 of 1984 s. 15)
(c) require a grantee to carry out in respect of all or any vehicles used by the grantee in connexion with its franchise any maintenance and servicing in accordance with any programme. (Added 44 of 1984 s. 15)
(2) A grantee shall afford such facilities for the inspections referred to in subsection (1)(a) as may be required by the Commissioner.

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

22. Chief Executive in Council may impose financial penalty
(1) The Chief Executive in Council may, by notice in writing to a grantee, require the payment of the financial penalty specified in such notice. (Amended 62 of 1999 s. 3)
(2) A financial penalty may be imposed in respect of any failure by a grantee to comply with its franchise or this Ordinance or any direction or requirement under its franchise or this Ordinance, or with any programme or any approval under section 16A. (Amended 44 of 1984 s. 16; 66 of 1994 s. 2)
(2A) Without affecting the generality of subsection (2), a financial penalty may be imposed under this section in respect of a failure by the grantee as regards—
(a) a particular route operated by it; or
(b) 2 or more routes so operated. (Added 66 of 1994 s. 2)
(3) A financial penalty imposed under this section shall not exceed $10,000 for the first occasion on which a penalty is imposed, and shall not exceed $20,000 for the second occasion on which a penalty is imposed, and shall not exceed $50,000 for any subsequent occasion on which a penalty is imposed. (Amended 66 of 1994 s. 2)
(3A) In determining for the purposes of subsection (3) whether an occasion (the occasion

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

24. Revocation of right to operate a service on a specified route or of franchise
(1) If—
(a) it appears to the Chief Executive in Council that without good cause a grantee has failed, or is likely to fail, to maintain a proper and efficient public bus service, either generally or in respect of any specified route, in accordance with section 12; or
(b) a grantee has failed to pay any financial penalty imposed under section 22,
the Chief Executive in Council may direct the Commissioner to serve on the grantee a notice requiring the grantee to show cause in writing, within 28 days after the service of such notice—
(i) why its right to operate a public bus service on such specified routes as are set out in such notice should not be revoked; or
(ii) why its franchise should not be revoked altogether,
and any such notice shall specify the ground on which such right or the franchise may be revoked.
(2) If, after the service of a notice under subsection (1)(i)—
(a) the grantee does not show cause why its right to operate a public bus service on the specified routes set out therein should not be revoked; or
(b) the Chief Executive in Council, having considered any representations made by the grantee, is of the opinion that the grantee has not shown good cause why such right should not be revoked,
the Chief Executive in Council may, with effect from such date as he may specify, revoke such right.
(3) If, after the service of a notice under subsection (1)(ii)—
(a) the grantee does not show cause why the franchise should not be revoked altogether; or
(b) the Chief Executive in Council, having considered any representations made by the grantee, is of the opinion that the grantee has not shown good cause why the franchise should not be revoked altogether,
the Chief Executive in Council may, with effect from such date as he may specify, revoke the franchise.
(4) Notice of the revocation of a right or franchise under this section shall be served on the grantee and, as soon as practicable thereafter, shall be published in the Gazette.
(5) A grantee shall not be entitled to compensation in respect of the revocation of a right or franchise under this section and where a franchise is revoked altogether the grantee shall be liable to pay to the Government any expense incurred by the Government in connexion with the franchise or the revocation thereof.
(Amended 62 of 1999 s. 3)

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

25A. Terms upon which Government takes possession under section 23 or 25
(1) Where the Government takes possession of any property under section 23 or 25 (in either case referred to in this section as the relevant section

25B. Acquisition of bus assets (other than land) used by grantee whose franchise is revoked or has expired
(1) Where—
(a) a franchise is revoked under section 24(3); or
(b) a franchise period expires and no new franchise is granted under section 5(1) to the company,
the Government may acquire, in its own name or in the name of a third party designated by the Government for the purposes of this section, any property (other than land, interests in land or buildings on land) used or kept by the company for the purposes of or in connection with its franchise within the period of 3 months immediately prior to the service of a notice on the company under section 24(1) or within the period of 3 months ending with the expiry of the franchise period (as the case may be).
(2) In respect of any property of which the Government has taken possession under section 25(3), the power conferred by subsection (1) may be exercised at any time within the period of 1 year from the date of revocation or expiry of the franchise period, as the case may be.
(3) Where the Government acquires any property under subsection (1), any person having an interest or right in or over that property shall be entitled to compensation in an amount equal to the open market value that a willing vendor might be expected to realize on the sale of such interest or right in the property.
(4) In subsection (3), in the case of an interest or right in property being a number of motor vehicles reference to the open market value shall be taken to be reference to the open market value of the interest in that number of vehicles when dealt with as a single lot.
(5) Where any property is acquired under this section the owner of the property or any person having an interest or right in or over the property shall, when called upon to do so by the Government, execute a transfer in favour of the Government or a third party designated by the Government for the purposes of subsection (1).
(Added 82 of 1995 s. 6) Editorial Note:
The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995).