PLC Paper No. LS 45

Paper for the House Committee Meeting
of the Provisional Legislative Council
on 7 November 1997

Legal Service Division Report on Resolutions under
Section 62 of the Cross-Harbour Tunnel Ordinance (Cap. 203)
Section 54 of the Eastern Harbour Crossing Ordinance (Cap. 215)
Section 35 of the Tate's Cairn Tunnel Ordinance (Cap. 393)
Section 32 of the Western Harbour Crossing Ordinance (Cap. 436)

The Secretary for Transport will move a motion to seek the Provisional Legislative Council's approval of the Cross-Harbour Tunnel (Amendment) Bylaw 1997, the Eastern Harbour Crossing Road Tunnel (Amendment) Bylaw 1997, the Tate's Cairn Tunnel (Amendment) Bylaw 1997 and the Western Harbour Crossing (Amendment) Bylaw 1997 at the Provisional Legislative Council meeting to be held on 19 November 1997.

2.The companies of the tunnels under the Cross-Harbour Tunnel Ordinance (Cap. 203), the Eastern Harbour Crossing Ordinance (Cap. 215), the Tate's Cairn Tunnel Ordinance (Cap. 393) and the Western Harbour Crossing Ordinance (Cap. 436) respectively, may, subject to the approval of the Provisional Legislative Council, make bylaws for the regulation and prevention of the carriage into or through the tunnel area of any dangerous goods.

3.The Amendment Bylaws seek to amend their respective principal Bylaws by allowing vehicles carrying fuel, including liquefied petroleum gas, for their propulsion only to pass through the tunnels. The amendments are necessary in the light of the Administration's proposal to launch a trial run of LPG taxi in late 1997.

4.The Cross-Harbour Tunnel (Amendment) Bylaw 1997 also seeks to impose a further restriction on drivers of vehicles keeping within lanes in the tunnel areas and change the colour combination of the autotoll lane sign.

5.Members may recall that at the House Committee meeting held on 31 October 1997, members supported the Road Tunnels (Government) (Amendment) Regulation 1997 (L.N 482) and Tsing Ma Control Area (General) (Amendment) Regulation 1997 (L.N. 488), which amend their respective principal Regulations by allowing vehicles carrying fuel, including liquefied petroleum gas, for their propulsion only to pass through those tunnels.

6.The drafting and legal aspects of the resolutions are in order.

Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Provisional Legislative Council Secretariat
3 November 1997