||Title:||TATE'S CAIRN TUNNEL ORDINANCE||Gazette Number:||L.N. 38 of 2011|
|Section:||53||Heading:||Appeal by the Company||Version Date:||01/06/2011|
(1) If the Company is aggrieved by any decision to which this section applies it may within 14 days of the notification to it of that decision, or such longer period as the Governor may allow, appeal against such decision by giving written notice to the Governor that it appeals against such decision and in that notice specifying the grounds upon which the appeal is based.
(2) On receipt of a notice of appeal under subsection (1) the Governor-
and, in any other case, the appeal shall be determined by the Governor in Council. (Amended 17 of 2010 s. 112)
(a) shall, if the appeal is against any decision of the Director and the failure of the appeal would result in the Company being held to be in default under Part X or if it appears to the Governor that this would be a probable result of such failure, refer the appeal to arbitration under the Arbitration Ordinance (Cap 609);
(b) subject to paragraph (a) may, where it appears to him that the issues raised by the appeal are matters of engineering practice, questions of the interpretation of the project agreement or other matters appropriately referred to arbitration, refer the appeal to arbitration under the Arbitration Ordinance (Cap 609),
(3) On an appeal under this section the Governor may give such instructions as he thinks fit as to the enforcement of the decision appealed against pending the determination or abandonment of the appeal but, subject to such instructions, such decision may, pending such determination or abandonment, be enforced as if no such appeal had been made.
(4) The decision of the arbitrator or Governor in Council on an appeal under this section shall be final.
(5) In this section-
"decision" (決定) means any requirement, determination or direction made, or the withholding of any consent or approval (including the refusal to grant time under section 14(1)(b) as read with the project agreement), by the Secretary, the Director or the Commissioner under this Ordinance other than the exercise by the Secretary of his powers under section 46,
and this section shall apply to any such decision.