### Tung Chung Cable Car Ordinance 《東涌吊車條例》

16. Royalty payments
(1) The Company shall pay to the Government, in respect of the operation of the Cable Car System, a royalty at a rate, at times, and for a period as specified in the Schedule.
(2) If—
(a) the franchise is assigned under section 5 to any person other than a wholly-owned subsidiary of the MTR Corporation Limited; or
(b) a body corporate is designated under section 27(7) as the Company (being a Company other than the MTR Corporation Limited or its wholly-owned subsidiary),
the Secretary may by notice published in the Gazette amend the Schedule.
(3) Section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply to a notice published under subsection (2).

17. Records in relation to royalty
(1) For the purpose of ascertaining the amount of the royalty which is payable under section 16, the Company shall—
(a) provide a system for evidencing to the satisfaction of the Financial Secretary the number of fare-paying passengers on the Cable Car System in each direction;
(b) permit the Financial Secretary, or any person authorized in writing by the Financial Secretary, to make all reasonable tests and checks to satisfy himself or herself as to the integrity of the system;
(c) permit the Financial Secretary, or any person authorized in writing by the Financial Secretary, at all reasonable times to inspect and make copies of the records evidencing the payment of fares on the Cable Car System.
(2) Nothing in subsection (1) requires the Company or any other person to produce any document or provide any information which the Company or that other person could not be compelled to produce or provide in civil proceedings in the High Court.
(3) Before disclosing to any person outside the Government any information obtained pursuant to subsection (1), the Financial Secretary shall inform the Company of the intention to do so.

18. Tax status of the Company
For the purpose of Part 6 of the Inland Revenue Ordinance (Cap. 112), the Company is deemed to be the owner of the Cable Car System for as long as the Company holds the franchise.
(Amended E.R. 1 of 2012)

### Tung Chung Cable Car Ordinance 《東涌吊車條例》

20. Application of other Ordinances
(1) In relation to land occupied by the Company for the construction, operation and maintenance of the Cable Car System, the Buildings Ordinance (Cap. 123) applies as follows—
(a) for the purpose of section 41(1)(a) of that Ordinance, buildings constructed on the land are not to be regarded as belonging to the Government;
(b) for the purpose of section 41(1)(ba) of that Ordinance, the land is not to be regarded as unleased land;
(c) for all purposes of that Ordinance, the Company is to be regarded as the owner of the land and of buildings constructed on it.
(2) Section 37 of the Noise Control Ordinance (Cap. 400) shall not apply to construction works as defined in this Ordinance or to the operation of the Cable Car System.

21. Installation of utilities in Cable Car System area
(1) Subject to subsection (3), before installing any utility in the Cable Car System area, the provider of a utility (other than the Company) shall obtain the written consent of the Company.
(2) The consent required by subsection (1)—
(a) shall not be withheld unless the Company reasonably considers that the installation of the utility may adversely affect the safety of persons using or operating the Cable Car System or working in the Cable Car System area, or the efficient operation of the Cable Car System;
(b) may be granted subject to reasonable conditions.
(3) This section does not apply to the placement and maintenance of a telecommunications line or a radiocommunications installation by the Communications Authority or by a licensee authorized by the Communications Authority pursuant to section 14 of the Telecommunications Ordinance (Cap. 106). (Amended 17 of 2011 s. 28)

### Tung Chung Cable Car Ordinance 《東涌吊車條例》

22. Power to make bylaws
(1) The Company may make bylaws, consistent with this Ordinance, for all or any of the following matters—
(a) controlling and regulating the conduct of members of the public on the carrier and in the Cable Car System area;
(b) providing a system for evidencing (whether by issue of tickets or otherwise) the payment of fares by passengers on the Cable Car System;
(c) providing for the custody and return or disposal of property found on the carrier and in the Cable Car System area;
(d) protecting any property of the Company in the Cable Car System area, and the carrier and ropes, from damage or interference;
(e) controlling unauthorized advertising on the Cable Car System;
(f) any other matter, whether similar to the foregoing or not, which relates to the control, operation and management of the Cable Car System or to the safety of passengers and the System generally and which the Company considers it is necessary or expedient to provide for.
(2) In subsection (1), carrier (運輸工具) has the same meaning as in the definition of aerial ropeway

23. Company may prosecute, etc.
(1) An employee of the Company, or any person authorized in writing by the Company to do so, may ask any person who is reasonably suspected of having contravened a bylaw made under section 22(1) to give the person’s name and address for purposes of identification and, if a vehicle is involved in the offence, to give the name and address of the owner of the vehicle if that information is within the person’s knowledge.
(2) A person who fails to comply with a request made under subsection (1), or who gives a false name or address, commits an offence and is liable on summary conviction to a fine at level 2.
(3) Without affecting any Ordinance relating to the prosecution of criminal offences, or the powers of the Secretary for Justice in relation to the prosecution of offences, a prosecution for an offence under this section or under the bylaws made under section 22(1) may be brought by and in the name of the Company.

### Tung Chung Cable Car Ordinance 《東涌吊車條例》

24. Default
(1) The Company will be in default if it fails, or there is a substantial likelihood of it failing, in any material respect to complete the construction works in accordance with the Project Agreement.
(2) The Company will be in default if it fails, or there is a substantial likelihood of it failing—
(a) to operate and maintain the Cable Car System in accordance with this Ordinance, the Aerial Ropeways (Safety) Ordinance (Cap. 211) and all other relevant legislation; or
(b) to discharge any of its other obligations under the Project Agreement,
and the failure, or likely failure, results, or is likely to result, in—
(c) a substantial breakdown of the Cable Car System;
(d) the death of or serious injury to persons travelling on the Cable Car System or being on the System premises; or
(e) significant danger to the safety of persons travelling on the Cable Car System or being on the System premises.
(3) If there are guarantors, the Company will be in default if—
(a) the guarantors, having been called upon under the guarantee agreement, fail to respond to such call within a reasonable period; or
(b) any guarantor is in material breach of any provision of the guarantee agreement and, if there is more than one guarantor, such breach has not been remedied by another guarantor or is incapable of being remedied.