### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

20AA. Power of Authority to adjust tolls, time and duration for peak time slots
(1) Where a time slot is specified as a peak time slot for a tunnel, the Authority may adjust any one or more of the following by notice published in the Gazette, if the conditions set out in Schedule 1B in respect of the tunnel are met—
(a) the tolls payable for the use of the tunnel for different classes of vehicles during the peak time slot;
(b) the starting and end time of the peak time slot;
(c) the duration of the peak time slot.
(2) The notice referred to in subsection (1) must state the date on which the adjustment is to take effect and such date must not be earlier than 14 days after the day on which the notice is published in the Gazette.
(3) The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 1B.
(4) If a notice is published in the Gazette under subsection (1), the Authority must publish the notice on the website of the Transport Department or in any other way that the Authority, or the officer authorized by the Authority, considers appropriate.
(5) A notice under subsection (1) is not subsidiary legislation.
(Added 18 of 2023 s. 6)

20A. Offence of unlawful disclosure of information
(1) A person commits an offence if the person, without lawful authority, discloses to another person information obtained or received by or accessible to the person, in connection with performing any function relating to the collection and recovery of tolls payable for the use of a boothless mode tunnel.
(2) For subsection (1), the person has lawful authority if—
(a) the person discloses the information—
(i) in order to perform a function under this Ordinance;
(ii) for the purposes of proceedings brought under this Ordinance;
(iii) in relation to performing a function, or for enabling or facilitating any thing or work to be done by any person, under any law of Hong Kong;
(iv) in compliance with a court order; or
(v) with the consent of each person who is entitled to have the information kept confidential; or
(b) the disclosure of the information by the person is in accordance with or incidental to the person’s duty as any public officer, toll service provider or toll service officer.
(3) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 4.
(Added 20 of 2021 s. 16)

### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

21. Saving
(1) Nothing in this Ordinance shall be taken to restrict, derogate from or otherwise interfere with any power or duty, or the exercise or performance of any power or duty, conferred or imposed by or under any law upon any person in the service of the Government. (Amended 20 of 2021 s. 17)
(2) This Ordinance does not affect the powers or rights of the Government or any public officer under a management agreement or a toll service agreement. (Added 20 of 2021 s. 17)
(Added 63 of 1991 s. 9)

22. Advertising in road tunnel
(1) Part IX of the Public Health and Municipal Services Ordinance (Cap. 132) and the Advertisements Regulation (Cap. 132 sub. leg. B) shall not apply to the use of any part of a tunnel for advertising purposes. (Amended 78 of 1999 s. 7; E.R. 1 of 2022)
(2) The Authority may use or permit the use of any part of a tunnel for advertising purposes on such terms and conditions and for such period as he thinks fit.
(Added 63 of 1991 s. 9)

### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

22A. If no section 8B(1) designation for tolled tunnel, moneys received may be retained for remuneration
(Replaced 20 of 2021 s. 18)(1) Where the terms of a management agreement entered into by an operator in relation to a booth mode tunnel have been approved by the Financial Secretary for the purposes of this section, those parts or percentages of any moneys raised or received for the purposes of the Government under the agreement which the operator is entitled under the agreement to retain by way of remuneration or reimbursement shall not form part of the general revenue for the purposes of section 3(1) of the Public Finance Ordinance (Cap. 2).
(2) Subsection (1) applies in relation to a management agreement entered into before the commencement* of section 6 of Schedule 3 to the Roads and Tunnels Legislation (Miscellaneous Amendments) Ordinance 1999 (29 of 1999) as it applies in relation to a management agreement entered into on or after that commencement, but nothing in this section shall be construed as applying to any moneys raised or received for the purposes of the Government before the date of the approval of the Financial Secretary under subsection (1).
(3) This section does not apply to any moneys raised or received in respect of the use of a tolled tunnel at or after the time a designation under section 8B(1) takes effect in respect of the tunnel for traffic flow in at least one direction. (Added 20 of 2021 s. 18)
(Added 29 of 1999 s. 2. Amended 20 of 2021 s. 18) Editorial Note:
* Commencement date: 25 June 1999.

### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

22C. Financial penalties imposed on toll service provider
(1) If a toll service provider fails to comply with any requirement of this Ordinance or is in breach of a toll service agreement, the Authority may—
(a) where the failure or breach is capable of being remedied—
(i) impose, with the approval of the Chief Executive in Council, a financial penalty on the toll service provider in respect of each such failure or breach; and
(ii) impose a further financial penalty on the toll service provider in respect of each continuing failure or breach; and
(b) where the failure or breach is not capable of being remedied, impose, with the approval of the Chief Executive in Council, a financial penalty on the toll service provider in respect of each such failure or breach.
(2) The Authority may not impose a financial penalty under subsection (1) unless the Authority—
(a) has notified the toll service provider in writing of the relevant failure or breach; and
(b) if it is capable of being remedied, has afforded the toll service provider a reasonable opportunity to comply with the requirement or remedy the breach.
(3) If a financial penalty is imposed, the Authority must serve on the toll service provider a notice in writing—
(a) specifying the amount of the financial penalty; and
(b) requiring the toll service provider to pay the financial penalty to the Government within 30 days after the date on which the notice is served.
(4) A financial penalty imposed under subsection (1)(a)(i) must not exceed the amount specified in Division 1 of Part 1 of Schedule 1A.
(5) A further financial penalty imposed under subsection (1)(a)(ii) must not exceed the amount specified in Division 2 of Part 1 of Schedule 1A for each day the relevant failure or breach continues after the date on which the notice of a financial penalty imposed under subsection (1)(a)(i) is served under subsection (3).
(6) A financial penalty imposed under subsection (1)(b) must not exceed—
(a) on the first occasion on which a financial penalty is imposed on the toll service provider, the amount specified in Division 1 of Part 2 of Schedule 1A;
(b) on the second occasion on which a financial penalty is imposed on the toll service provider, the amount specified in Division 2 of Part 2 of Schedule 1A; and
(c) on the third or a subsequent occasion on which a financial penalty is imposed on the toll service provider, the amount specified in Division 3 of Part 2 of Schedule 1A.
(7) For the purposes of subsection (6), in determining whether a particular failure or breach (subject failure or breach