Page:Mass Transit Railway Ordinance (Cap. 556).pdf/14

MASS TRANSIT RAILWAY ORDINANCE

17. Defaults capable of remedy

(1) Where it appears to the Secretary that the Corporation is in default, and that the default is one which is capable of being remedied, the Secretary may serve on the Corporation a notice calling upon the Corporation—
 * (a) to remedy the default or to take measures or make arrangements to the satisfaction of the Secretary to ensure that the default is remedied; and
 * (b) to do so within the period specified in the notice, being a period that is reasonable in the circumstances, or within a further period as the Secretary may allow.

(2) Unless the circumstances require otherwise, the period specified in a notice served under subsection (1) shall be a period of 28 days or more.

18. Revocation of franchise

(1) Where—
 * (a) the Secretary reports to the Chief Executive in Council that the Corporation has failed to comply with a notice served under section 17; or
 * (b) it appears to the Chief Executive in Council that the Corporation is in default, and the Secretary has reported to the Chief Executive in Council that the default is not one which is capable of being remedied,

the Chief Executive in Council may direct the Secretary to serve on the Corporation a notice requiring the Corporation to show cause why an order should not be made under subsection (5).

(2) A notice served under subsection (1) shall specify whether it is given in relation to subsection (1)(a) or subsection (1)(b) and shall, in addition—
 * (a) if given in relation to subsection (1)(a), give particulars of the notice referred to in that paragraph and brief particulars of the report of the Secretary;
 * (b) if given in relation to subsection (1)(b), specify the nature of the default.

(3) The Corporation may, within the period of 28 days from the date of service of the notice under subsection (1), or within a further period as the Chief Executive in Council may allow, make representations in writing to the Chief Executive in Council showing cause why an order should not be made under subsection (5).

(4) Before making an order under subsection (5) the Chief Executive in Council shall consider any representations made under subsection (3) and, if applicable, any matter referred to in subsection (6).