PLC Paper No. LS 101
Paper for the House Committee Meeting
of the Provisional Legislative Council
on 13 February 1998
Legal Service Division Report on Resolution under section 26 of the Tai Lam Tunnel and Yuen Long
Approach Road Ordinance (Cap. 474)
The Secretary for Transport has given notice to move a motion on 25 February 1998 to seek the Provisional Legislative Council approval of the Tai Lam Tunnel and Yuen Long Approach Road Bylaw (懀he Bylaw� made by the Route 3 (CPS) Company Limited (懀he Company�.
2.Under section 26 of the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474), the Company may by bylaw provide for, inter alia, the control, restriction and safety of traffic in the toll area; the regulation of speed of traffic using the toll area; the regulation of vehicles which may use the toll area; the collection of tolls in respect of the use of the Tai Lam Tunnel and Yuen Long Approach Road and methods of collection; and any other matters relating to the control, operation and management of the toll area which is necessary or expedient to provide for.
3.This Bylaw is similar to the Eastern Harbour Crossing Road Tunnel By-laws (Cap. 215 sub. leg.), the Tate Cairn Tunnel By-laws (Cap. 393 sub. leg.) and the Western Harbour Crossing Bylaw (Cap. 436 sub. leg.). Most of the provisions in the Bylaw relate to the regulation of traffic and the restrictions imposed on persons in the toll area. Other provisions deal with the payment and collection of tolls and the prohibition or regulation of certain vehicles to enter or remain in the toll area. Section 25 of the Bylaw provides that any person who does not comply with the requirements of the Bylaw shall be guilty of an offence and shall be liable on conviction to a fine at level 2 ($5,000).
4.According to the Secretary for Transport speech which he will make when moving the motion, the Tai Lam Tunnel and Yuen Long Approach Road is due to open for use in mid-1998.
5.The legal and drafting aspects of the resolution are in order.
FUNG Sau-kuen, Connie
Assistant Legal Adviser
Provisional Legislative Council Secretariat
9 February 1998