### Peak Tramway Ordinance 《山頂纜車條例》

8C. Notice of intention to terminate operating right
(1) This section applies if the Secretary—
(a) is of the opinion that the company has failed to comply with a notice issued to it under section 8B(2); and
(b) reports to the Chief Executive in Council that the company has failed to comply with the notice.
(2) The Chief Executive in Council may direct the Secretary to issue a notice to the company if it appears to the Chief Executive in Council that—
(a) the company is or has been in default in the manner specified in section 8A(a), (b) or (c); and
(b) a notice issued under section 8B(2) for the default has not been complied with.
(3) A notice issued under subsection (2) must—
(a) inform the company of the intention of the Chief Executive in Council to terminate the operating right granted to the company;
(b) be accompanied by—
(i) a copy of the notice issued under section 8B(2); and
(ii) a summary of the report referred to in subsection (1)(b); and
(c) point out the right to make representation under section 8D(1).
(Added 16 of 2015 s. 13)

### Peak Tramway Ordinance 《山頂纜車條例》

8D. Company may make representation
(1) If a notice is issued under section 8C(2), the company may make a written representation to the Chief Executive in Council to show cause why an order should not be made under section 8E(1)(a).
(2) The representation must be made within—
(a) 28 days after the date of issue of the notice; or
(b) any further period the Chief Executive in Council allows.
(Added 16 of 2015 s. 13)

8E. Order of termination
(1) The Chief Executive in Council may—
(a) by order terminate the operating right granted to the company if satisfied that—
(i) the company is or has been in default in the manner specified in section 8A(a), (b) or (c);
(ii) the procedures prescribed by sections 8B and 8C have been followed in relation to the default;
(iii) no sufficient cause has been shown under section 8D(1) why the order should not be made; and
(iv) it is just and reasonable to make the order; or
(b) by order terminate the operating right granted to the company if—
(i) the company is in default in the manner specified in section 8A(d); and
(ii) it appears to the Chief Executive in Council that the company is unable to maintain the tramway as an important tourism and recreational facility.
(2) Before exercising the power under subsection (1)(a), the Chief Executive in Council must consider—
(a) the extent to which the default was or is caused by circumstances beyond the control of the company;
(b) any representation made under section 8D(1); and
(c) any other relevant matters.
(3) Before exercising the power under subsection (1)(b), the Chief Executive in Council must consider all relevant matters.
(Added 16 of 2015 s. 13)

11A. Application of sections 11B and 11C
Sections 11B and 11C apply if—
(a) the operating right is to expire or is to be terminated under this Ordinance; and
(b) the operating right is not to be granted for a further period to the company.
(Added 16 of 2015 s. 15)

### Peak Tramway Ordinance 《山頂纜車條例》

11B. Mandatory lease of essential premises
(1) The Chief Executive in Council may order the person (lessor) who owns any essential premises to lease the premises to a party (lessee) designated by the Chief Executive in Council.
(2) The power under subsection (1) must not be exercised unless the Chief Executive in Council is satisfied that there is a substantial risk that the operation of the tramway will be disrupted if the power is not exercised.
(3) An order made under subsection (1) may contain directions that are reasonably required for ensuring compliance with subsection (11).
(4) Subject to this Ordinance, the terms of the lease are to be agreed between the lessor and the lessee.
(5) The period of the lease—
(a) is to be determined by the Chief Executive in Council; and
(b) may begin, whether or not any term of the lease has yet to be agreed on.
(6) If an order is made under subsection (1), the lessee may, on the commencement of the lease, take possession of the essential premises for the purposes of operating the tramway in accordance with—
(a) this Ordinance; and
(b) the terms of the operating right granted to the lessee under section 2B(1) or (5).
(7) Subsection (6) applies whether or not any term of the lease has yet to be agreed on.
(8) An order made under subsection (1) may, on an application by the Secretary to the Court of First Instance, be enforced by an order of the Court as if it were a judgment or order of the Court.
(9) The lease confers on the lessee a right to—
(a) use the essential premises for the undertaking; and
(b) maintain the premises in a condition that is appropriate for use for the undertaking.
(10) The lessee must pay rent to the lessor for the essential premises of an amount equal to the open market rent—
(a) that the lessor may reasonably expect to receive under a lease of the premises; and
(b) that is to be determined in accordance with the terms of the lease.
(11) The lessor must ensure that when the lessee takes possession of the essential premises, the premises are in a condition that is suitable for operating the tramway in accordance with—
(a) this Ordinance; and
(b) the terms referred to in section 2B(1)(a) or (5)(a) that apply immediately before the lease commences.
(12) In this section—
essential premises (必要處所) means any land, structure or building that is considered by the Chief Executive in Council to be essential to operating the tramway.
(Added 16 of 2015 s. 15)