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

39. Giving effect to anticipated toll increases
(1) Subject to and in accordance with this Part and the project agreement, the Company may, during the franchise period, give effect to a toll increase on each specified date.
(2) If the Actual Net Revenue of the Company for the year immediately preceding the year in which a specified date occurs, is less than its Maximum Estimated Net Revenue for that year, the Company may apply in writing to the Secretary to increase the tolls by the amount of the appropriate anticipated toll increase.
(3) An application under subsection (2) shall be made at the same time the statement of Actual Net Revenue for the relevant year is submitted under section 37(1).
(4) Where the Secretary receives an application under subsection (3), he shall, subject to subsection (5), inform the Company, not later than 21 days before the day on which an anticipated toll increase, if given effect to, may take place either—
(a) that it may give effect to the appropriate toll increase; or
(b) that a payment shall be made under section 43 to the Company from the Fund.
(5) If the Secretary is not satisfied with the statement of Actual Net Revenue submitted for a year in respect of which an application under this section is made—
(a) where the amount of the Actual Net Revenue in dispute does not affect the eligibility of the Company to give effect to a toll increase under this Part, subsection (4) shall apply; and
(b) in any other case, if after negotiation or reference to an independent expert as described in section 37(5)—
(i) it is agreed that the amount of the Actual Net Revenue; or
(ii) the decision of the expert as regards the amount of the Actual Net Revenue,
as the case may be, is such as to render the Company eligible for a toll increase under this Part, the Secretary shall inform the Company not later than 21 days before the day on which the toll increase may be given effect to, that the Company may give effect to a toll increase or that a payment shall be made under section 43 to the Company from the Fund.
(6) For the purposes of subsection (5)(b), the date on which a toll increase may be given effect to is the date on which under the terms of the project agreement, a toll increase, if any, may be given effect to after—
(a) an agreement is reached as regards a statement of Actual Net Revenue by negotiation between the Secretary and the Company; or
(b) a determination is made by an expert as regards such a statement,
as may be appropriate.

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

40. Advancement of toll increases
(1) If the Actual Net Revenue of the Company for any year is less than the Minimum Estimated Net Revenue for that year, and that year is not a year immediately preceding a year in which a specified date occurs, the Company may apply to the Secretary to give effect to the next anticipated toll increase.
(2) Section 39(3), (4), (5) and (6) shall apply in relation to an application under subsection (1).
(3) The date on which a toll increase under subsection (1) can be given effect to is 1 January next following the year in respect of which the Company makes the application under subsection (1).

41. Deferment of toll increases
(1) If in any year, being a year immediately preceding a year in which a specified date occurs, the Actual Net Revenue of the Company is equal to or exceeds the Maximum Estimated Net Revenue for that year, any anticipated toll increase which it could have given effect to on such specified date if not for this subsection shall be deferred to the date (deferred date

42. Creation of additional toll increases
(1) Where the Company has given effect to all the anticipated toll increases pursuant to section 39(1) or 40(1) and the Actual Net Revenue of the Company for any year occurring before the expiry of the franchise period is less than its Minimum Estimated Net Revenue for that year, the Company may apply to the Secretary to give effect to an additional toll increase.
(2) Section 39(3), (4), (5) and (6) shall apply in relation to an application under subsection (1).
(3) The date on which a toll increase applied for under subsection (1), if permitted, may be given effect to is 1 January next following the year in respect of which the application is made.

43. Payments from the Fund
(1) The Committee may pay from the Fund to the Company, in respect of a year immediately preceding a year in which—
(a) a specified date; or
(b) a date to which a toll increase is deferred (deferred date

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

44. Procedure for and amount of toll increase
(1) Where the Company may give effect to a toll increase pursuant to this Part, the Company may, subject to subsection (2), with effect from—
(a) the specified date; or
(b) the date referred to in section 40(3) or 42(3); or
(c) the date on which a deferred, further deferred or still further deferred anticipated toll increase may be given effect to pursuant to section 41 or 43; or
(d) the appropriate date having regard to section 39(6) or subsection (4),
as may be applicable in the particular case—
(i) increase each toll by an amount not exceeding that referred to in subsection (5); or
(ii) not increase any toll; or
(iii) increase the toll in respect of vehicles of certain categories by an amount not exceeding that referred to in subsection (5).
(2) The Company may defer the coming into effect of a toll increase to which it may give effect under this Part to such date as may be agreed between the Company and the Secretary.
(3) Where the Company elects not to increase any toll or to increase any toll by an amount less than the amount referred to in subsection (5), it shall notify the Secretary and thereupon shall be deemed to have forfeited any right as regards giving effect to the relevant toll increase, or the amount of such toll increase to which it has not given effect, as the case may be.
(4) Notwithstanding anything to the contrary—
(a) in section 40(3); or
(b) in section 41 or 43; or
(c) in section 42(3),
as regards the date on which a toll increase which has been advanced, deferred, further deferred or still further deferred or on which an additional toll increase, as the case may be, may be given effect to, where the Secretary is not satisfied with the statement of Actual Net Revenue for the relevant year, and the amount of the Actual Net Revenue in dispute affects the eligibility of the Company to give effect to a toll increase, the date on which the toll increase may be given effect to shall be determined as specified in section 39(6).
(5) The amount of the toll increase to which the Company may give effect under this Part, in respect of a vehicle described in column 2 of Schedule 2 shall be the amount specified in column 3 of that Schedule, opposite the description of such motor vehicle.

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

45. Amendment of Schedule 1
(1) Where a toll is increased in accordance with this Part and the project agreement, the Commissioner shall by notice published in the Gazette amend Schedule 1, with effect from the date on which the increase comes into effect, to vary the relevant toll.
(2) For the avoidance of doubt it is declared that the Company shall not give effect to more than 1 increase in the tolls in 1 year.
(3) Section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply in respect of a notice under subsection (1).