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Chapter: | 594
 | Title: | TSING SHA CONTROL AREA ORDINANCE | Gazette Number: | L.N. 27 of 2008 |
| Section: | 2 | Heading: | Interpretation | Version Date: | 21/03/2008 |
(1) In this Ordinance, unless the context otherwise requires—
“authorized officer” (獲授權人員) means a person appointed by the Commissioner under section 9;
“Commissioner” means the Commissioner for Transport;
“Control Area” (管制區) means the area delineated as “Tsing Sha Control Area” on a plan deposited under section 7, and includes—
- (a) in the case of any road, viaduct, bridge or tunnel wholly located in that area, the entirety of that road, viaduct, bridge or tunnel; and
(b) in the case of any road, viaduct, bridge or tunnel partially located in that area, the part located in that area;
“dangerous goods” (危險品) has the meaning assigned to it by section 2 of the Dangerous Goods Ordinance (Cap 295);
“Director” means the Director of Highways;
“driver” (駕駛人), in relation to a vehicle, means any person who is in charge of or assisting in the control of the vehicle;
“driving licence” (駕駛執照) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
“function” (職能) includes a power and a duty;
“gross vehicle weight” (車輛總重) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
“installation” (裝置) includes—
- (a) any pipe, conduit, cable or mobile phone transmission system;
(b) any traffic sign, light signal, road marking or lantern;
(c) any emergency telephone, public address system, image capturing device, image recording device or vehicle detection device;
“management agreement” (管理協議) means an agreement entered into by any person with the Government for the management, operation or maintenance of the Control Area;
“motor vehicle” (汽車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
“operator” (營運者) means a person who has entered into a management agreement with the Government;
“owner” (車主)—
- (a) in relation to a motor vehicle, means—
- (i) the registered owner of the vehicle; or
(ii) if the vehicle is the subject of a hiring agreement or hire purchase agreement, the person in possession of the vehicle under the agreement; or
“register” (登記冊) means the register of vehicles maintained by the Commissioner under regulation 4(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg. E);
“registered owner” (登記車主), in relation to a vehicle, means the person registered as the owner of the vehicle under the Road Traffic Ordinance (Cap 374);
“road” (道路) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374), and includes the road surface and adjacent pedestrian access (if any) of any viaduct, bridge (whether comprising one or more levels or decks) or tunnel;
“road marking” (道路標記) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
“road works” (道路工程) has the meaning assigned to it by regulation 2(1) of the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg. G);
“Secretary” (局長) means the Secretary for Transport and Housing;
“toll” (使用費) means a toll prescribed by regulations made under section 26 for the use of the toll area;
“toll area” (收費區) means the part of the Control Area delineated as such on a plan deposited under section 7;
“toll booth” (收費亭) means any structure erected in the Control Area for the purpose of collecting tolls;
“traffic sign” (交通標誌) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
“tunnel” (隧道) means any part of the Control Area delineated as such on a plan deposited under section 7;
“tunnel area” (隧道範圍) means any part of the Control Area delineated as such on a plan deposited under section 7;
“vehicle” (車輛) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374).
(2) In this Ordinance, a reference to the performance of a function includes the exercise of a power and the performance or discharge of a duty.
(3) For the avoidance of doubt, if more than one plan has been deposited under section 7—
- (a) a reference to “Control Area” in this Ordinance shall be construed as a reference to the area delineated as “Tsing Sha Control Area” on the plan last so deposited;
(b) a reference to “toll area” in this Ordinance shall be construed as a reference to the part of the Control Area delineated as “toll area” on the plan last so deposited; and
(c) a reference to “tunnel” or “tunnel area” in this Ordinance shall be construed as a reference to any part of the Control Area delineated as “tunnel” or “tunnel area” respectively on the plan last so deposited.