MTR Ordinance definition
Examples of MTR Ordinance in a sentence
The Existing Service Concession Agreement is contemplated in the MTR Ordinance and regulates the operation by the Company of the KCRC railway system.
Whilst the MTR Ordinance would enable the post-merger corporation (the “Corporation”) to apply for, and Government to grant, extensions of the franchise, the procedures are set out in the integrated Operating Agreement.
The Existing Integrated Operating Agreement is prescribed under the MTR Ordinance and regulates the operation by the Company of railways in Hong Kong.
Pursuant to the terms of the new OA and the MTR Ordinance, the Company’s franchise may be extended for further periods of 50 years (from the date of the extension) upon satisfying certain capital expenditure requirements at no payment and without any change in the terms of the franchise.
Pursuant to the terms of the OA and the MTR Ordinance, the Company may apply for extensions of the franchise and the Secretary for Transport and Housing shall, subject to certain provisions, recommend to the Chief Executive in Council that the franchise should be extended for a further period of 50 years (from a date relating to certain capital expenditure requirements) if the Company has satisfied such capital expenditure requirements, at no additional payment for any such extension.
The Waivers also require the Company to make proposed connected transactions and continuing connected transactions subject to the approval of the Board, with the Directors appointed by Government under section 8 of the MTR Ordinance and any Director who holds a position in Government being required to abstain from voting.
As disclosed in the Merger Circular, in the Operating Agreement, subject to the MTR Ordinance, it has been acknowledged that, when undertaking new projects and/or operating new railways, the Company will require an appropriate commercial rate of return.
The Operating Agreement was entered into on the Signing Date between the Company and the Secretary for Transport and Housing for and on behalf of the Government as contemplated in the MTR Ordinance.
The AOA and SOA are each an “operating agreement” for the purposes of the MTR Ordinance, form part of the legal and regulatory regime for the operation of railways in Hong Kong and are required for the purposes of the MTR Ordinance so that TML1 is properly regulated under the MTR Ordinance.
The design, construction, completion, testing, commissioning, pre-operation, operation and maintenance of the HSK Works shall be in a manner which reflects the Company’s responsibilities and duties under the MTR Ordinance, the Operating Agreement and the HSK Project Agreement and in accordance with all applicable laws and regulations.