### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

43. Transitional
(1) Where on the relevant day the operator of a facility requires a permit to operate the facility during the year in which that day falls, then the operator shall be deemed to be the holder of a permit to operate the facility during that year—
(a) subject to paragraph (b), until the expiration of—
(i) 3 months immediately following that day; or
(ii) that year,
whichever first occurs;
(b) if an application is made under section 9—
(i) for a permit to operate the facility during that year; and
(ii) before whichever expiration referred to in paragraph (a) first occurs,
until the determination under section 10 of the application.
(2) Where the relevant day falls after 30 September in a year, then the operator of a facility who requires a permit to operate the facility during the immediately following year shall be deemed to be the holder of a permit to operate the facility during that immediately following year—
(a) subject to paragraph (b), until the expiration of 3 months immediately following that day;
(b) if an application is made under section 9—
(i) for a permit to operate the facility during that immediately following year; and
(ii) before the expiration referred to in paragraph (a) occurs,
until the determination under section 10 of the application.
(3) In this section, relevant day (有關日期) means the day on which section 8 commences*.

Editorial Note:
* Commencement date: 18 June 2004.

44. (Omitted as spent—E.R. 1 of 2023)

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

1. Short title
(Amended E.R. 3 of 2021)(1) This Ordinance may be cited as the Tung Chung Cable Car Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)

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

3. Plan of Cable Car System area and route projection area
(1) The Secretary shall, before the Project Agreement enters into force—
(a) prepare a plan delineating the location, extent and boundaries of—
(i) the Cable Car System area;
(ii) the route projection area;
(iii) the Ngong Ping Terminal; and
(iv) the Tung Chung Terminal;
(b) assign a number to the plan, and sign and date it;
(c) deposit the plan in the Land Registry; and
(d) as soon as practicable thereafter, publish a notice in the Gazette that the plan has been deposited.
(2) The Secretary may, with the agreement of the Company, vary the boundaries of the Cable Car System area or the route projection area if the design, construction, operation, maintenance or safety requirements of the Cable Car System reasonably so require.
(3) If a variation is agreed under subsection (2)—
(a) the Secretary shall as soon as practicable deposit the plan as varied in the Land Registry and publish a notice in the Gazette to that effect;
(b) the plan as varied supersedes the original plan, or any previous variation of it.

4. Grant of franchise
(1) The Company shall have the franchise to—
(a) design, construct and complete the construction works;
(b) install, test and commission the Cable Car System;
(c) operate, manage and maintain the Cable Car System during the franchise period;
(d) determine and collect fares for the use of the Cable Car System by the public during the franchise period,
in accordance with the Project Agreement.
(2) Subject to subsection (3), the franchise is granted for a period of 30 years commencing on a date specified in the Project Agreement.
(3) If there is delay in the completion of the construction works or the commencement of service of the Cable Car System as a result of—
(a) the Government failing to give possession of land for the Project in accordance with the Project Agreement; or
(b) the water supply system and sewerage system at Ngong Ping on Lantau Island not becoming operational in accordance with the timetable in the Project Agreement,
the Secretary shall extend the franchise period by an equal period of time.
(4) If there is an extension of the franchise period under subsection (3), the Secretary shall publish a notice in the Gazette to that effect as soon as reasonably practicable.

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

5. Assignment or other disposal of rights and obligations
(1) The Company shall not assign, subgrant, underlet, mortgage, charge, allow a lien to arise on or otherwise dispose of any of its rights or obligations under the Project Agreement or this Ordinance, or enter into any agreement for such disposal, except with the prior consent of the Chief Executive in Council and in accordance with the terms of such consent.
(2) The consent required under subsection (1) shall not be unreasonably withheld and shall not be withheld if the Chief Executive in Council is satisfied—
(a) that such disposal is necessary or desirable to give effect to any arrangements for the purpose of complying with a notice to remedy a default served under section 25;
(b) that the arrangements are adequate for that purpose; and
(c) that the person to whom the rights or obligations are to be disposed is a person in whom such rights or obligations may properly be vested or to whom such rights or obligations may properly be transferred, consistently with subsection (4)(a).
(3) If the Chief Executive in Council consents to a disposal of rights or obligations under subsection (1), the Secretary shall, as soon as practicable, publish a notice in the Gazette of the date of the intended disposal, the nature of the disposal, and the name and address of the person to whom the rights or obligations will be disposed.
(4) If the disposal pursuant to subsection (1) amounts to an assignment of the franchise—
(a) it must be to a body corporate; and
(b) Schedule 1 to the Prevention of Bribery Ordinance (Cap. 201) is deemed to be amended—
(i) to remove the Company which is disposing of its rights and obligations (unless it is the MTR Corporation Limited); and
(ii) to include the body corporate to which the franchise is assigned.

6. Right to occupy Cable Car System area
The Company shall have the right during the franchise period to occupy the Cable Car System area, in accordance with the terms and conditions of the Project Agreement and subject to any rights excepted and reserved to the Government by that Agreement.

7. Wayleaves
(1) The Company shall have during the franchise period all wayleaves and other rights over unleased land that are necessary to render the franchise effective.
(2) In this section, unleased land (未批租土地) has the same meaning as in section 2 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28).