To provide for the control and regulation of vehicular and pedestrian traffic in Government road tunnels; the management, operation and maintenance of such tunnels and for matters ancillary thereto and connected therewith.
(Replaced 63 of 1991 s. 2. Amended 20 of 2021 s. 3)(Format changes—E.R. 1 of 2022)
[15 February 1982] L.N. 40 of 1982
(Added 20 of 2021 s. 4)
(Format changes—E.R. 1 of 2022)
This Ordinance may be cited as the Road Tunnels (Government) Ordinance.
In this Ordinance, unless the context otherwise requires— (Amended 7 of 2016 s. 3)
additional charge (額外收費) includes a surcharge, punitive or otherwise; (Added 20 of 2021 s. 5) adjust (調整), in relation to a toll, means to increase or decrease the amount of the toll; (Added 18 of 2023 s. 3) Authority (監督) means the Commissioner for Transport; authorized officer (獲授權人員) means any person authorized by the Authority under section 10; (Amended 63 of 1991 s. 3) booth mode tunnel (有亭收費隧道) means— (a)a tolled tunnel in respect of which no designation under section 8B(1) has effect for traffic flow in any direction; or (b)a tolled tunnel in respect of which no designation under section 8B(1) has effect for traffic flow in one direction only, but only in so far as the traffic flow in that direction is concerned; (Added 20 of 2021 s. 5) boothless mode tunnel (無亭收費隧道) means— (a)a tolled tunnel in respect of which a designation under section 8B(1) has effect for traffic flow in both directions; or (b)a tolled tunnel in respect of which a designation under section 8B(1) has effect for traffic flow in one direction only, but only in so far as the traffic flow in that direction is concerned; (Added 20 of 2021 s. 5) boothless tolling facilities (無亭收費設施) means facilities installed for the collection of tolls through the detection and identification of vehicles passing through a boothless mode tunnel; (Added 20 of 2021 s. 5) business day (營業日) means a day that is not— (a)a general holiday; (b)a Saturday; or (c)a black rainstorm warning day or gale warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1); (Added 20 of 2021 s. 5) court (法庭) includes a magistrate; (Added 29 of 1999 s. 2) dangerous goods (危險品) means dangerous goods as defined in section 2 of the Dangerous Goods Ordinance (Cap. 295); Director (署長) means the Director of Lands; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) document (文件) includes any form of input into, or output from, an information system and any writing or similar material (whether produced mechanically, electronically, magnetically, optically, manually or by any other means); (Added 20 of 2021 s. 5) driver (駕駛人) means, in relation to any vehicle, any person who is in charge of or assisting in the control of it; driving licence (駕駛執照) means a driving licence issued under the Road Traffic Ordinance (Cap. 374); function (職能) includes a power and a duty; (Added 20 of 2021 s. 5) management agreement (管理協議) means an agreement entered into by a person with the Government for the management, operation and maintenance of a tunnel named in Schedule 1 but excludes a toll service agreement; (Added 20 of 2021 s. 5) operator (經營人) means any person who has entered into a management agreement with the Government; (Added 63 of 1991 s. 3. Amended 20 of 2021 s. 5) owner (車主) includes the person in whose name a vehicle is registered and the person by whom a vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under the agreement; peak time slot (繁忙時段) means a peak time slot (a.m.) or a peak time slot (p.m.); (Added 18 of 2023 s. 3) peak time slot (a.m.) (上午繁忙時段)—(a)means a time slot specified as such by regulations made under section 20(4)(ca); and(b)includes the time slot mentioned in paragraph (a) the starting and end time or the duration of which is adjusted by the Authority under section 20AA; (Added 18 of 2023 s. 3) peak time slot (p.m.) (下午繁忙時段)—(a)means a time slot specified as such by regulations made under section 20(4)(ca); and(b)includes the time slot mentioned in paragraph (a) the starting and end time or the duration of which is adjusted by the Authority under section 20AA; (Added 18 of 2023 s. 3) register (登記) means registered under the Road Traffic Ordinance (Cap. 374); registered (登記) means registered as owner of a vehicle under the Road Traffic Ordinance (Cap. 374); registered address (登記地址) means the address of a registered owner that appears, in respect of any vehicle registered in the registered owner’s name, in the register of vehicles maintained under regulation 4(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E); (Added 20 of 2021 s. 5) toll (隧道費), in relation to a tunnel named in Schedule 1, means a toll, prescribed by regulations made under section 20, for the use of the tunnel; (Added 20 of 2021 s. 5) toll area (收費區), in relation to a tunnel named in Schedule 1, means the part of the tunnel area delineated as such on a plan deposited under section 7; (Added 20 of 2021 s. 5) toll service agreement (隧道費服務協議) means an agreement entered into by a person with the Government for the person to undertake functions relating to the collection and recovery of tolls for the use of a boothless mode tunnel; (Added 20 of 2021 s. 5) toll service officer (收費服務人員) means a person appointed to be a toll service officer under section 14AA; (Added 20 of 2021 s. 5) toll service provider (隧道費服務商) means a person who has entered into a toll service agreement with the Government and includes, in the case of emergency, any person for the time being authorized by the Authority to perform functions relating to the collection and recovery of tolls for the use of a boothless mode tunnel; (Added 20 of 2021 s. 5) toll tag (繳費貼) has the meaning given by section 6A(5) of the Road Traffic Ordinance (Cap. 374); (Added 20 of 2021 s. 5) tolled tunnel (收費隧道) means a tunnel for the use of which a toll is payable under regulations made under section 20; (Added 20 of 2021 s. 5) tunnel (隧道) and tunnel area (隧道區), in relation to a tunnel named in Schedule 1, mean the area of the tunnel and the area adjacent to the tunnel, as delineated and marked as “tunnel area” and “隧道區” on a plan of the tunnel deposited under section 7; (Added 7 of 2016 s. 3) vehicle (車輛) means any vehicle, whether or not mechanically propelled, which is constructed or adapted for use on roads but does not include a tram.(Amended 7 of 2016 s. 3)
To avoid doubt, if, in relation to a tunnel named in Schedule 1, more than one plan has been deposited under section 7—
a reference to tunnel or tunnel area in this Ordinance is a reference to the area delineated and marked as “tunnel area” and “隧道區” on the plan last so deposited; and
a reference to toll area in this Ordinance is a reference to the part of the tunnel area delineated and marked as “toll area” and “收費區” on the plan last so deposited. (Replaced 20 of 2021 s. 5)
In this Ordinance, a reference to the use of a boothless mode tunnel by a vehicle, in relation to the liability for a toll, is a reference to the use of the tunnel by the vehicle on or after entering the toll area of the tunnel. (Added 20 of 2021 s. 5)
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. (Added 20 of 2021 s. 5)
To avoid doubt, a reference to the collection and recovery of tolls, in relation to a boothless mode tunnel, includes the operation of boothless tolling facilities. (Added 20 of 2021 s. 5)
This Ordinance shall apply to the tunnels named in Schedule 1.
The Chief Executive may amend Schedule 1 by notice in the Gazette. (Amended 20 of 2021 s. 6)
(Amended 7 of 2016 s. 4)
For the purposes of liability for a contravention of any Ordinance, a tunnel shall be a public place.
Unless the contrary intention appears from this Ordinance, the Road Traffic Ordinance (Cap. 374) shall apply to a tunnel as if a tunnel were a road within the meaning of that Ordinance.
(Added 20 of 2021 s. 7)
In relation to a tunnel, the Authority—
must determine the boundaries of—
the tunnel; and
in the case of a boothless mode tunnel, the toll area; and
may, in consultation with the Director, vary the boundaries of the tunnel or (if applicable) its toll area.
In relation to each tunnel, the Director must prepare a plan delineating the boundaries of the tunnel and (if applicable) its toll area as determined under subsection (1)(a).
If the boundaries of a tunnel, or the toll area of a tunnel, are varied under subsection (1)(b), the Director must prepare a plan delineating the boundaries of the tunnel and (if applicable) its toll area as varied.
(Replaced 20 of 2021 s. 8)
The Director must—
assign a number to a plan prepared under section 6(2) in relation to a tunnel;
sign and date the plan; and
certify the plan as being a plan of the tunnel delineating the boundaries of the tunnel and (if applicable) its toll area as determined.
If a plan is prepared under section 6(3) in relation to a tunnel, the Director must—
assign a number to the plan;
sign and date the plan; and
certify the plan as being a plan of the tunnel delineating the boundaries of the tunnel and (if applicable) its toll area as varied.
A plan numbered, signed, dated and certified under subsection (1) or (2) must be deposited by the Authority in the Land Registry.
A plan deposited in relation to a tunnel under subsection (3) supersedes any plan previously deposited in relation to the tunnel under that subsection.
The Authority must, as soon as practicable after depositing a plan under subsection (3), publish a notice in the Gazette that the plan has been so deposited.
(Replaced 20 of 2021 s. 8)
In any proceedings before any court, a document, purporting to be a copy of a plan of a tunnel delineating the boundaries of the tunnel and (if applicable) its toll area and certified by the Director, is on its production and in the absence of evidence to the contrary—
presumed to be a copy of such a plan and so certified; and
admissible as evidence of those boundaries on the date of certification.
(Replaced 20 of 2021 s. 8)
In this section—
pre-existing plan (原有圖則) means the last plan of a tunnel deposited under section 7 as in force immediately before the commencement date of section 8 of the Free-Flow Tolling (Miscellaneous Amendments) Ordinance 2021 (20 of 2021).For the purposes of this Ordinance, a pre-existing plan of a tunnel, and the boundaries of the tunnel as delineated on the plan, are to be treated as if they were respectively a plan last deposited in relation to the tunnel under section 7, and the boundaries of the tunnel as delineated on the latter plan.
Without limiting subsection (2)—
a pre-existing plan may be superseded under section 7; and
section 8 applies to a document purporting to be a copy of a pre-existing plan of a tunnel, until it is superseded under section 7, in the same way as section 8 applies to a document purporting to be a copy of a plan prepared and certified under sections 6 and 7.
(Added 20 of 2021 s. 8)
(Part 3 added 20 of 2021 s. 9)
The Authority may, by notice published in the Gazette, designate that a tolled tunnel is to be operated without toll booths, with effect from a time specified in the notice.
For the purposes of subsection (1), the Authority—
may make different designations in respect of a tolled tunnel for traffic flow in different directions; and
may specify that the designation under a notice takes effect from different times in respect of a tolled tunnel for traffic flow in different directions.
A designation under subsection (1) does not prevent tolls from being collected, in the case of emergency or in special circumstances, by any means approved by the Authority.
A notice published under subsection (1) is not subsidiary legislation.
(Added 20 of 2021 s. 9)
(Format changes—E.R. 1 of 2022)
The Authority may in writing delegate any other public officer to exercise the powers and perform the duties conferred or imposed on him by this Ordinance.
If the Secretary for Transport and Logistics (Secretary) considers the public interest so requires, the Secretary may give directions of a general character in writing to an operator in relation to the performance of the functions of the operator, or of authorized officers employed by the operator, under this Ordinance. (Amended L.N. 144 of 2022)
An operator must comply with the directions given under subsection (1).
Directions given under subsection (1)—
may be given—
in relation to all tunnels or any particular tunnel; or
to all operators or any particular operator; and
may be different for different tunnels and different operators.
If the Secretary considers the public interest so requires, the Secretary may give directions of a general character in writing to a toll service provider in relation to the performance of the functions of the toll service provider, or of toll service officers employed by the toll service provider, under this Ordinance.
A toll service provider must comply with the directions given under subsection (4).
Directions given under subsection (4)—
may be given—
in relation to all boothless mode tunnels or any particular boothless mode tunnel; or
to all toll service providers or any particular toll service provider; and
may be different for different boothless mode tunnels and different toll service providers.
(Replaced 20 of 2021 s. 10)
The Authority may in writing appoint any public officer or any person employed by an operator to be an authorized officer for the purposes of this Ordinance.
(Amended 63 of 1991 s. 5)
An authorized officer may at any tunnel—
(Repealed 2 of 1997 s. 32)
for the purpose of preventing or detecting the commission of an offence against this Ordinance or the Road Traffic Ordinance (Cap. 374); or
if he reasonably suspects that the driver of a vehicle—
has committed an offence against this Ordinance or the Road Traffic Ordinance (Cap. 374); or
has been involved in an accident at a tunnel,
exercise any of the powers specified in subsection (2) as may be appropriate in respect of the particular purposes or circumstances described in paragraph (b) or (c).
For the purposes of subsection (1), an authorized officer may—
order, direct or signal the driver of a vehicle—
to stop the vehicle forthwith; or
to proceed to any place at the tunnel so ordered, directed or signalled and to stop thereat;
require any person to give his name and address and to produce any document in his possession which is or contains evidence of his name and address;
require the driver of a vehicle—
to produce his driving licence for examination;
to give the name and address of the registered owner of the vehicle where that information is within his knowledge;
enter, examine and search a vehicle and any thing therein or thereon;
detain, if necessary by the use of reasonable force, a driver or a vehicle, or both, until they can be delivered into the custody of a police officer.
For the purpose of regulating vehicular and pedestrian traffic, an authorized officer at any tunnel may order, direct or signal the driver of a vehicle—
to stop the vehicle forthwith; or
to proceed to any place at the tunnel so ordered, directed or signalled and to stop thereat. (Added 2 of 1997 s. 32)
A driver who is required under subsection (2)(c)(i) to produce his or her driving licence is to be regarded as having complied with the requirement if the driver produces his or her electronic driving licence to the authorized officer. (Added 26 of 2025 s. 17)
For the purposes of subsection (2B), a driver is to be regarded as having not produced his or her electronic driving licence if—
the licence is not displayed on an electronic device through an electronic platform specified under section 110A(1)(c) of the Road Traffic Ordinance (Cap. 374);
the licence cannot be read or scanned by the authorized officer because of a defect of the electronic device on which the licence is purportedly displayed; or
the driver fails to comply with a reasonable request by the authorized officer to facilitate the reading or scanning of the licence. (Added 26 of 2025 s. 17)
Any person who fails to comply with an order, direction or signal given under subsection (2)(a) or (2A), or any requirement made under subsection (2)(b) or (c), commits an offence.
In this section—
electronic driving licence (電子駕駛執照) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374). (Added 26 of 2025 s. 17)(Amended 2 of 1997 s. 32)
Without prejudice to section 63 of the Road Traffic Ordinance (Cap. 374), where the driver of a vehicle is suspected of having committed an offence against this Ordinance or the Road Traffic Ordinance (Cap. 374) at any tunnel, any person (including both the registered owner of the vehicle and the person suspected of being the driver of the vehicle at the time of the alleged offence) shall, on demand made within 6 months after the date of the alleged offence, give to an authorized officer in the manner prescribed in this section the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver. (Amended 75 of 1982 s. 114; 29 of 1999 s. 2)
A demand under subsection (1) may be made orally or by means of a notice served personally or by post on the person on whom it is made.
Where a demand under subsection (1) is made orally to any person he shall—
if he was the driver of the vehicle at the time of the alleged offence—
give immediately his name and address; and
give the number of his driving licence to a specified authorized officer within 21 days after the date of the demand; and
if he was not the driver of the vehicle at the time of the alleged offence, give the information required under subsection (1) to a specified authorized officer either orally or in writing within 21 days after the date of the demand.
A notice under subsection (2) shall require the person to whom it is addressed—
to furnish, within 21 days after the date of the notice, to an authorized officer specified therein, a written statement, in such form as may be specified in the notice, giving the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver; and
to sign the said statement.
Subject to subsection (6), any person who contravenes subsection (1) commits an offence.
In proceedings for an offence under subsection (5), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address or driving licence number of the person driving the vehicle at the time of the alleged offence.
A person who makes a false statement in supplying particulars required under section 11 or 12 commits an offence.
In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did not know and had no reason to believe the statement to be false.
A person who omits any material particular required under section 11 or 12 commits an offence.
In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did not know, and could not with reasonable diligence have ascertained, the particular required.
(Replaced 29 of 1999 s. 2)
If, in a prosecution for an offence under this Ordinance, there is produced to the court a statement which—
purports to have been signed by the accused person;
was furnished in accordance with a notice served on him under section 12(2); and
states that the accused person was the driver of the vehicle at the time of the offence,
the court shall admit the statement as prima facie evidence that the accused person was the driver of the vehicle at the time of the offence.
The Authority may in writing appoint any public officer, any person employed by the toll service provider or any other person to be a toll service officer for the purpose of assisting in the performance of functions relating to the collection and recovery of tolls for the use of a boothless mode tunnel.
(Added 20 of 2021 s. 11)
In any criminal or civil proceedings under this Ordinance—
evidence of a matter specified in paragraph (a), (b) or (c) of the definition of facilities-related matter in subsection (7) may be given by the production of—
a specified record of the matter and a record production certificate; and
a test record of the prescribed facilities producing the specified record and a test certificate; and
evidence of a matter specified in paragraph (d) of the definition of facilities-related matter in subsection (7) may be given by the production of a test record of the prescribed facilities concerned and a test certificate.
In any criminal or civil proceedings under this Ordinance, the following are, on their production by or on behalf of the Authority, admissible in evidence without further proof—
documents purporting to be a specified record and a record production certificate;
documents purporting to be a test record and a test certificate.
A document purporting to be a specified record or a test record and produced under subsection (1) is, in the absence of evidence to the contrary, presumed to be such record.
A document purporting to be a record production certificate or a test certificate and produced under subsection (1) is, in the absence of evidence to the contrary, presumed to be signed by a person authorized by the Authority.
A document produced under subsection (1) is evidence of the matters contained in it.
If any documents are admitted as evidence for the purposes of subsection (1)(a)(i) or (ii) or (b), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings—
summon the person who signed the document purporting to be the relevant record production certificate or the relevant test certificate; and
examine the person as to the subject matter of the documents admitted.
In this section—
facilities-related matter (設施相關事宜) means— (a)a vehicle passing through, at a particular time, a toll booth of a booth mode tunnel; (b)a vehicle using a boothless mode tunnel at a particular time; (c)a vehicle exceeding a speed limit, indicated by a traffic sign, at a particular time; or (d)any matter relating to the functioning or condition of any automatic toll collection facilities, boothless tolling facilities or toll tag as at a particular time; prescribed facilities (訂明設施)— (a)in relation to a matter specified in paragraph (a) or (b) of the definition of facilities-related matter—(i)means any facilities designed or adapted for recording the matter and producing a record of the matter; (ii)includes any facilities designed or adapted for capturing or recording an image of a vehicle passing through any part of a tunnel, or for producing the image or a print of the image, or for both of those purposes; and (Amended 18 of 2023 s. 4)(iii)includes a boothless tolling system as defined by regulation 12(8) of the Road Tunnels (Government) Regulations (Cap. 368 sub. leg. A); (Added 18 of 2023 s. 4) (b)in relation to a matter specified in paragraph (c) of the definition of facilities-related matter—(i)means any facilities designed or adapted for recording the matter and producing a record of the matter; and(ii)includes any facilities designed or adapted for measuring the speed of a vehicle; and (c)in relation to a matter specified in paragraph (d) of the definition of facilities-related matter, means any automatic toll collection facilities, boothless tolling facilities or toll tag; record production certificate (紀錄製備證明書), in relation to a specified record, means a certificate that certifies the circumstances in which the record was produced and that is— (a)in a form specified by the Authority; (b)signed by a person authorized in that behalf by the Authority; and (c)in the same document containing the record or in another document; specified record (指明紀錄), in relation to a facilities-related matter, means a record, in a form specified by the Authority, of the matter that is produced by using any prescribed facilities; test certificate (測試證明書), in relation to any prescribed facilities, means a certificate that certifies the testing, inspection or servicing of the facilities and that is— (a)in a form specified by the Authority; (b)signed by a person authorized in that behalf by the Authority; and (c)in the same document containing the test record or in another document; test record (測試紀錄), in relation to any prescribed facilities, means a record, in a form specified by the Authority, of the testing of the functioning, inspection or servicing of the facilities.(Replaced 20 of 2021 s. 12)
In any criminal or civil proceedings under this Ordinance—
evidence of a prescribed matter may be given by the production of a specified certificate of the matter; and
a document purporting to be a specified certificate is, on its production by or on behalf of the Authority—
admissible in evidence, without further proof; and
in the absence of evidence to the contrary, presumed to be signed by a person authorized by the Authority.
A document produced under subsection (1) is evidence of the matters contained in it.
If any document is admitted as evidence for the purposes of this section, the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings—
summon the person who signed the document; and
examine the person as to the subject matter of the document.
In this section—
prescribed matter (訂明事宜) means any of the following— (a)whether a tunnel, in so far as traffic flow in a direction is concerned, is at a particular time—(i)a booth mode tunnel; or(ii)a boothless mode tunnel; (b)any matter contained in a record kept under this Ordinance or the Road Traffic Ordinance (Cap. 374); (c)whether any sum payable under this Ordinance has been paid as at a particular date; (d)whether any notice, summons or other document required or authorized to be served under this Ordinance has been served and, if so, the date on which and the manner in which it has been served; (e)whether a person on whom any notice, summons or other document has been served has, before a particular date, given any response and, if so, the particulars of the response; (f)the particulars of any record or information kept by or for the Government or toll service provider in relation to the collection and recovery of tolls, except for any facilities-related matter as defined by section 14A(7); (g)a matter prescribed for the purposes of this definition; specified certificate (指明證明書), in relation to a prescribed matter, means a certificate of the matter that is— (a)in a form specified by the Authority; and (b)signed by a person authorized in that behalf by the Authority.(Replaced 20 of 2021 s. 12)
If any vehicle or thing is causing an obstruction at any tunnel or is otherwise likely to render the use of the tunnel unsafe the Authority or an operator may at the risk and expense of the owner of such vehicle or thing take all reasonable steps to remove it or cause it to be removed to any place, including any road, that the Authority or the operator may think fit and where necessary in the opinion of the Authority or the operator, may provide for the safe custody thereof.
(Amended 63 of 1991 s. 6)
Where any vehicle has been permitted to remain stationary at any tunnel in such a position or in such condition or in such circumstances that there is reasonable cause to believe that the vehicle has been abandoned an authorized officer may cause a notice to be given, requiring the person in whose name the vehicle is registered to remove it or cause it to be removed.
A notice under subsection (1) shall be addressed to the person in whose name the vehicle is registered and shall be given—
by sending it to him by registered post at the address shown on the register; or
by affixing it to the vehicle.
The notice shall—
require the person in whose name the vehicle is registered to move or cause it to be moved to a place which is not on any road—
if the notice is sent by registered post, within 7 days of its service on him; or
if the notice is affixed to the vehicle, within 7 days of the date on which it is so affixed; and
state that—
unless the vehicle is removed within the time so stated, the vehicle will be seized by the Authority or an operator and removed to a place specified in the notice; and (Amended 63 of 1991 s. 7)
if the vehicle is not claimed within a period of 14 days from the date of seizure, it will become the property of the Government. (Amended 20 of 2021 s. 13)
If the vehicle is not removed as required by a notice given under subsection (1) an authorized officer may seize it and may take all reasonable steps to remove it or cause it to be removed to the place specified in the notice.
If a vehicle which is seized and removed under subsection (4) is not claimed within the period specified in the notice given under subsection (1), it shall become the property of the Government and may be sold or otherwise disposed of as the Authority thinks fit. (Amended 20 of 2021 s. 13)
Any person who obstructs an authorized officer in the exercise of the powers conferred on him by this Ordinance commits an offence.
(Added 20 of 2021 s. 14)
(Format changes—E.R. 1 of 2022)
Notwithstanding the provisions of any other Ordinance, no person shall place any pipe, conduit or cable in any tunnel without the prior consent in writing of the Authority.
The Authority shall consult the Director before giving any consent under subsection (1).
A consent given under subsection (1) shall be subject to the payment of such charges and to such conditions, as the Authority may impose.
Any person who commits an offence under section 11(3), 12(5), 13(1) or (3) or 17 is liable to a fine at level 2 and to imprisonment for 6 months.
(Amended 29 of 1999 s. 2; E.R. 1 of 2022)
The Chief Executive in Council may by regulation provide for— (Amended 20 of 2021 s. 15)
the classification, design, colour, erection, placing, operation, maintenance, alteration and removing of permanent, temporary and variable traffic signs and road markings at a tunnel;
prohibiting, controlling and restricting vehicular and pedestrian movements by or in relation to traffic signs or road markings at a tunnel;
prohibiting, controlling, restricting, directing or advising traffic both vehicular and pedestrian and passengers conveyed upon vehicular traffic at a tunnel;
controlling and regulating the manner of driving and the use of vehicles and the equipment and apparatus pertaining thereto at a tunnel;
controlling and regulating the use of a tunnel and in particular prohibiting either absolutely or during specified hours—
the driving of any specified type or class of vehicle; and
the manner in which a motor vehicle of any type or class may be used;
the imposing of maximum or minimum speed limits on the road at a tunnel for any vehicle or class of vehicles;
the towing of or drawing of vehicles by motor vehicles at a tunnel;
controlling the manner of loading vehicles and securing of loads on vehicles at a tunnel;
the maximum weight to be transmitted to the road at a tunnel by a vehicle of any class or by any part or parts of such a vehicle in contact with the road;
controlling the manner in which passengers may be carried in vehicles at a tunnel and the number of passengers which may be carried therein;
the controlling and restricting of animals in a tunnel;
the total or partial closure of a tunnel;
the payment and recovery of—
tolls payable for the use of a tunnel, which may be set at above cost recovery level; (Amended 18 of 2023 s. 5)
the additional charges and penalties in respect of a failure to pay any toll or additional charge or any part of any toll or additional charge; and
the costs in connection with the recovery of the sums referred to in subparagraphs (i) and (ii); (Replaced 20 of 2021 s. 15)
a direction by a court that a person’s application for registration, permit or licence, in respect of any vehicle, under the Road Traffic Ordinance (Cap. 374), is to be refused or is not to be acted on if the person is liable for any sum referred to in paragraph (m) and the sum remains unpaid; (Replaced 20 of 2021 s. 15)
the waiving, exemption, reduction or refund of the tolls, additional charges, fees or charges prescribed by regulations made under this section; (Replaced 20 of 2021 s. 15)
authorizing the Authority—
to waive, exempt, reduce or refund the tolls, additional charges, fees or charges prescribed by regulations made under this section; or
to modify any requirements as to the means or methods by which or the time by which the tolls, additional charges, fees or charges are payable; (Replaced 20 of 2021 s. 15)
the means and methods for the collection of tolls for the use of a tunnel, including the means and methods other than by the collection of cash at toll booths (such as the use of automatic toll collection facilities, boothless tolling facilities, or tickets for the payment of tolls) and connected matters (including the installation of automatic toll collection facilities and boothless tolling facilities, and the regulation of the use of the facilities); (Added 20 of 2021 s. 15)
the escort of vehicles through a tunnel;
the control, prohibition and restriction upon the painting or affixing of any poster, placard, bill, advertisement or other matter in a tunnel;
the exemption of vehicles or any class thereof from the operation of any regulation whether by permit or otherwise and in the case of the issue of a permit, the fees payable for such issue;
the fees payable for the removal of a vehicle or thing under section 15; (Amended 63 of 1991 s. 8)
the powers of an operator for the control, restriction and safety of traffic in the tunnel; (Added 63 of 1991 s. 8. Amended 20 of 2021 s. 15)
prohibiting the tampering of, interference with, unauthorized access or damage to, or defacement or alteration of, any installation, structure, building, facility, utility, equipment, appliance, system, record, information, vehicle or other article that—
is in a tunnel area;
relates to the management, operation and maintenance of a tunnel; or
relates to the collection and recovery of tolls; and (Added 20 of 2021 s. 15)
generally carrying into effect the provisions of this Ordinance relating to the regulation of traffic.
Any regulations made under this section—
may be made to apply in respect of all or any particular tunnel only; and
may make different provisions for different tunnels. (Added 49 of 1999 s. 2)
Any regulation made under this section may provide that a contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine at level 2 and imprisonment for 6 months. (Amended E.R. 1 of 2022)
Subsections (4) and (5) have effect without limiting the other provisions of this section. (Added 20 of 2021 s. 15)
Any regulation made under this section—
may provide that a person specified in the regulation as the responsible person of a vehicle is liable to the Government for any toll payable in respect of the vehicle for the use of a boothless mode tunnel;
may provide that the provisions referred to in paragraph (a) have effect regardless of whether another person is the driver of the vehicle when the liability for the toll is incurred;
may provide that different tolls are payable for the use of a tunnel for either or both of the following—
different classes of vehicles;
different time slots, or different parts of a time slot, in any day; (Replaced 18 of 2023 s. 5)
may, in relation to the use of a tunnel, specify any 2 time slots in any day as a peak time slot (a.m.) and a peak time slot (p.m.); and (Added 18 of 2023 s. 5)
may confer, on a toll service provider, any functions relating to the collection and recovery of tolls including—
serving a notice that imposes any additional charge in respect of a failure to pay any toll or additional charge or any part of any toll or additional charge;
cancelling a notice referred to in subparagraph (i);
serving a notice on a person informing the person that an application may be made, or summons may be issued, against the person for recovering any toll or additional charge or any part of any toll or additional charge payable by the person;
withdrawing a notice referred to in subparagraph (iii); and
refunding any sum received as the toll paid in respect of a vehicle if the toll service provider is satisfied that no liability has been incurred, in respect of the vehicle, to pay the sum. (Added 20 of 2021 s. 15)
Any regulation made under this section may provide that, in any proceedings for recovering any toll, additional charge and any other sum—
the case may be proved by the production of records and certificates under sections 14A and 14B in the absence of evidence to the contrary; and
an order may be made against the defendant, or the proceedings may otherwise be disposed of, in the absence of the defendant if the defendant has been duly served with—
for proceedings commenced by a complaint—the summons in relation to the complaint; or
for any other proceedings—the notice of the proceedings. (Added 20 of 2021 s. 15)
Where a time slot is specified as a peak time slot for a tunnel, the Authority may adjust any one or more of the following by notice published in the Gazette, if the conditions set out in Schedule 1B in respect of the tunnel are met—
the tolls payable for the use of the tunnel for different classes of vehicles during the peak time slot;
the starting and end time of the peak time slot;
the duration of the peak time slot.
The notice referred to in subsection (1) must state the date on which the adjustment is to take effect and such date must not be earlier than 14 days after the day on which the notice is published in the Gazette.
The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 1B.
If a notice is published in the Gazette under subsection (1), the Authority must publish the notice on the website of the Transport Department or in any other way that the Authority, or the officer authorized by the Authority, considers appropriate.
A notice under subsection (1) is not subsidiary legislation.
(Added 18 of 2023 s. 6)
A person commits an offence if the person, without lawful authority, discloses to another person information obtained or received by or accessible to the person, in connection with performing any function relating to the collection and recovery of tolls payable for the use of a boothless mode tunnel.
For subsection (1), the person has lawful authority if—
the person discloses the information—
in order to perform a function under this Ordinance;
for the purposes of proceedings brought under this Ordinance;
in relation to performing a function, or for enabling or facilitating any thing or work to be done by any person, under any law of Hong Kong;
in compliance with a court order; or
with the consent of each person who is entitled to have the information kept confidential; or
the disclosure of the information by the person is in accordance with or incidental to the person’s duty as any public officer, toll service provider or toll service officer.
A person who commits an offence under subsection (1) is liable on conviction to a fine at level 4.
(Added 20 of 2021 s. 16)
Nothing in this Ordinance shall be taken to restrict, derogate from or otherwise interfere with any power or duty, or the exercise or performance of any power or duty, conferred or imposed by or under any law upon any person in the service of the Government. (Amended 20 of 2021 s. 17)
This Ordinance does not affect the powers or rights of the Government or any public officer under a management agreement or a toll service agreement. (Added 20 of 2021 s. 17)
(Added 63 of 1991 s. 9)
Part IX of the Public Health and Municipal Services Ordinance (Cap. 132) and the Advertisements Regulation (Cap. 132 sub. leg. B) shall not apply to the use of any part of a tunnel for advertising purposes. (Amended 78 of 1999 s. 7; E.R. 1 of 2022)
The Authority may use or permit the use of any part of a tunnel for advertising purposes on such terms and conditions and for such period as he thinks fit.
(Added 63 of 1991 s. 9)
(Replaced 20 of 2021 s. 18)
Where the terms of a management agreement entered into by an operator in relation to a booth mode tunnel have been approved by the Financial Secretary for the purposes of this section, those parts or percentages of any moneys raised or received for the purposes of the Government under the agreement which the operator is entitled under the agreement to retain by way of remuneration or reimbursement shall not form part of the general revenue for the purposes of section 3(1) of the Public Finance Ordinance (Cap. 2).
Subsection (1) applies in relation to a management agreement entered into before the commencement* of section 6 of Schedule 3 to the Roads and Tunnels Legislation (Miscellaneous Amendments) Ordinance 1999 (29 of 1999) as it applies in relation to a management agreement entered into on or after that commencement, but nothing in this section shall be construed as applying to any moneys raised or received for the purposes of the Government before the date of the approval of the Financial Secretary under subsection (1).
This section does not apply to any moneys raised or received in respect of the use of a tolled tunnel at or after the time a designation under section 8B(1) takes effect in respect of the tunnel for traffic flow in at least one direction. (Added 20 of 2021 s. 18)
(Added 29 of 1999 s. 2. Amended 20 of 2021 s. 18)
If the terms of a specified agreement have been approved by the Financial Secretary for the purposes of this section, a part or percentage of the toll-related receipts constituting the sum payable to the contractor under the specified agreement—
does not form part of the general revenue for the purposes of section 3(1) of the Public Finance Ordinance (Cap. 2); and
may be paid by the Authority to the contractor in accordance with the specified agreement.
In this section—
Cap. 594 (《第594章》) means the Tsing Sha Control Area Ordinance (Cap. 594); contractor (承辦商) means— (a)in relation to a specified agreement that is a management agreement—the operator concerned; or (b)in relation to a specified agreement that is a toll service agreement—the toll service provider concerned; earliest designation time (最早指定時間), in relation to a tolled tunnel, means the earliest time at which a designation under section 8B(1) takes effect in respect of the tunnel for traffic flow in at least one direction; specified agreement (指明協議) means any of the following agreements that applies to any specified Government infrastructure— (a)a management agreement; (b)a toll service agreement; specified Government infrastructure (指明政府基建) means— (a)a tolled tunnel in respect of which a designation under section 8B(1) has taken effect for traffic flow in at least one direction; (b)a tunnel for the use of which no toll is payable; or (c)the Tsing Sha Control Area in respect of which a designation under section 8A(1) of Cap. 594 has taken effect for traffic flow in at least one direction; toll-related receipts (隧道費相關收入), in relation to a specified agreement, means all moneys raised or received for the purposes of the Government, whether directly paid to the Government or otherwise, as any of the following— (a)a toll received for the use, of a tolled tunnel to which the specified agreement applies, at or after the earliest designation time for the tunnel (whether or not the use is in a direction of traffic flow for which a designation under section 8B(1) has effect); (b)an additional charge paid in respect of a failure to pay a toll referred to in paragraph (a) or an additional charge; Tsing Sha Control Area (青沙管制區) means the Control Area as defined by section 2(1) of Cap. 594.The reference in subsection (1) to the sum payable to the contractor under the specified agreement means the aggregate of any remuneration of, or reimbursement to, the contractor payable under the specified agreement in respect of any specified Government infrastructure to which the specified agreement applies.
Any remuneration or reimbursement taken into account for the purposes of section 22A must not be taken into account for the purposes of subsection (3).
(Added 20 of 2021 s. 19)
If a toll service provider fails to comply with any requirement of this Ordinance or is in breach of a toll service agreement, the Authority may—
where the failure or breach is capable of being remedied—
impose, with the approval of the Chief Executive in Council, a financial penalty on the toll service provider in respect of each such failure or breach; and
impose a further financial penalty on the toll service provider in respect of each continuing failure or breach; and
where the failure or breach is not capable of being remedied, impose, with the approval of the Chief Executive in Council, a financial penalty on the toll service provider in respect of each such failure or breach.
The Authority may not impose a financial penalty under subsection (1) unless the Authority—
has notified the toll service provider in writing of the relevant failure or breach; and
if it is capable of being remedied, has afforded the toll service provider a reasonable opportunity to comply with the requirement or remedy the breach.
If a financial penalty is imposed, the Authority must serve on the toll service provider a notice in writing—
specifying the amount of the financial penalty; and
requiring the toll service provider to pay the financial penalty to the Government within 30 days after the date on which the notice is served.
A financial penalty imposed under subsection (1)(a)(i) must not exceed the amount specified in Division 1 of Part 1 of Schedule 1A.
A further financial penalty imposed under subsection (1)(a)(ii) must not exceed the amount specified in Division 2 of Part 1 of Schedule 1A for each day the relevant failure or breach continues after the date on which the notice of a financial penalty imposed under subsection (1)(a)(i) is served under subsection (3).
A financial penalty imposed under subsection (1)(b) must not exceed—
on the first occasion on which a financial penalty is imposed on the toll service provider, the amount specified in Division 1 of Part 2 of Schedule 1A;
on the second occasion on which a financial penalty is imposed on the toll service provider, the amount specified in Division 2 of Part 2 of Schedule 1A; and
on the third or a subsequent occasion on which a financial penalty is imposed on the toll service provider, the amount specified in Division 3 of Part 2 of Schedule 1A.
For the purposes of subsection (6), in determining whether a particular failure or breach (subject failure or breach) is the first, second, third or a subsequent occasion on which a financial penalty is being imposed, only occasions, if any, on which a financial penalty has been imposed in respect of a failure or breach that is of the same type as the subject failure or breach are to be taken into account.
The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 1A.
(Added 20 of 2021 s. 19)
A financial penalty imposed under section 22C is recoverable as a civil debt due to the Government, and may be recovered (in whole or in part) by the Government by—
deducting or offsetting any sum that may be payable to a toll service provider under a toll service agreement or otherwise; or
enforcing any guarantee or letter of credit provided in accordance with a toll service agreement.
If the actual costs incurred by a toll service provider are to be taken into account in determining any sum payable to the toll service provider under a toll service agreement, the toll service provider’s actual costs are to be calculated without regard to any of the following—
a financial penalty paid by the toll service provider;
any legal costs incurred by the toll service provider in connection with the Government’s recovery of a financial penalty.
(Added 20 of 2021 s. 19)
No criminal or civil liability (other than that imposed under a management agreement) is incurred by the Government or any public officer in respect of the management, operation and maintenance of a tunnel by an operator.
No criminal or civil liability (other than that imposed under a toll service agreement) is incurred by the Government or any public officer in respect of the collection and recovery of tolls by a toll service provider.
(Added 20 of 2021 s. 19)
A specified document may be served on or given to a person—
in the case of a natural person, by delivering it to the person personally; or
in all cases, by leaving it for the person, or sending it by ordinary or registered post in a letter addressed to the person—
in the case of a registered owner, at the person’s registered address; or
in any other case, at the person’s address last known to the Authority.
In the absence of evidence to the contrary, a specified document served or given in the manner described in subsection (1) is taken to have been served or given and received at the following time—
if it is delivered to the person personally, when it is so delivered;
if it is left at the person’s registered address or address last known to the Authority (as the case requires), on the second business day after the day on which it is so left;
if it is sent by ordinary post or registered post to the person’s registered address or address last known to the Authority (as the case requires), on the second business day after the day on which it is so sent.
In this section—
specified document (指明文件) means a notice, order, summons, direction or other document (however described) to be served or given (however described) for the purposes of this Ordinance— (a)by the Authority, a toll service provider or the court on or to another person; and (b)for the purposes of the collection and recovery of tolls payable for the use of a boothless mode tunnel or in connection with proceedings arising from a failure to pay such a toll or any additional charge or penalty in respect of a failure to pay such a toll or any additional charge.(Added 20 of 2021 s. 19)
The following enactments are repealed—
the Eastern Harbour Crossing Ordinance (Cap. 215);
the Eastern Harbour Crossing (Assignment of Rail Franchise) Notice (Cap. 215 sub. leg. A);
the Eastern Harbour Crossing (Designation of Agreements) Notice (Cap. 215 sub. leg. B);
the Eastern Harbour Crossing (Start of Construction) Notice (Cap. 215 sub. leg. C);
the Eastern Harbour Crossing Road Tunnel Regulations (Cap. 215 sub. leg. D); and
the Eastern Harbour Crossing Road Tunnel By-laws (Cap. 215 sub. leg. E).
(Added 7 of 2016 s. 19)
Schedule 2 provides for the savings and transitional arrangements that relate to the Eastern Harbour Crossing Legislation (Amendment) Ordinance 2016 (7 of 2016).
(Added 7 of 2016 s. 19)
The following enactments are repealed—
the Tate’s Cairn Tunnel Ordinance (Cap. 393);
the Tate’s Cairn Tunnel Regulations (Cap. 393 sub. leg. A);
the Tate’s Cairn Tunnel By-laws (Cap. 393 sub. leg. B);
the Tate’s Cairn Tunnel (Designation of Agreements) Notice (Cap. 393 sub. leg. C); and
the Tate’s Cairn Tunnel (Commencement of Construction Works) Notice (Cap. 393 sub. leg. D).
(Added 9 of 2018 s. 10)
Schedule 3 provides for the savings and transitional arrangements that relate to the Road Tunnels (Government) (Amendment) Ordinance 2018 (9 of 2018).
(Added 9 of 2018 s. 10)
The following enactments are repealed—
the Western Harbour Crossing Ordinance (Cap. 436);
the Western Harbour Crossing (Designation of Agreements) Notice (Cap. 436 sub. leg. A);
the Western Harbour Crossing (Application of Buildings Ordinance) Notice 1994 (Cap. 436 sub. leg. B);
the Western Harbour Crossing Regulation (Cap. 436 sub. leg. C);
the Western Harbour Crossing Bylaw (Cap. 436 sub. leg. D).
(Added 18 of 2023 s. 7)
Schedule 4 provides for the savings and transitional arrangements that relate to the Road Tunnels (Government) (Amendment) Ordinance 2023 (18 of 2023).
(Added 18 of 2023 s. 7)
The following enactments are repealed—
the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474);
the Tai Lam Tunnel and Yuen Long Approach Road (Designation of Agreements) Notice (Cap. 474 sub. leg. A);
the Tai Lam Tunnel and Yuen Long Approach Road Regulation (Cap. 474 sub. leg. B);
the Tai Lam Tunnel and Yuen Long Approach Road Bylaw (Cap. 474 sub. leg. C).
(Added 3 of 2025 s. 3)
Schedule 5 provides for the savings and transitional arrangements that relate to the Road Tunnels (Government) (Amendment) Ordinance 2025 (3 of 2025).
(Added 3 of 2025 s. 3)
Aberdeen Tunnel (香港仔隧道)
Airport Tunnel (機場隧道)
Central Kowloon Bypass (Kowloon Bay Section Tunnel) (中九龍繞道(九龍灣段隧道)) (Added L.N. 85 of 2025)
Central Kowloon Bypass (Yau Ma Tei Section Tunnel) (中九龍繞道(油麻地段隧道)) (Added L.N. 85 of 2025)
Central-Wan Chai Bypass Tunnel (中環及灣仔繞道隧道)
Cheung Shan Tunnel (長山隧道)
Cross-Harbour Tunnel (海底隧道)
Eastern Harbour Crossing (東區海底隧道)
Kai Tak Tunnel (啟德隧道)
Lion Rock Tunnel (獅子山隧道)
Lung Shan Tunnel (龍山隧道)
Scenic Hill Tunnel (觀景山隧道)
Shing Mun Tunnels (城門隧道)
Tai Lam Tunnel (大欖隧道) (Added 3 of 2025 s. 4)
Tate’s Cairn Tunnel (大老山隧道)
Tseung Kwan O Tunnel (將軍澳隧道)
Tseung Kwan O-Lam Tin Tunnel (將軍澳-藍田隧道) (Added L.N. 34 of 2020)
Tuen Mun-Chek Lap Kok Tunnel (屯門-赤鱲角隧道) (Added L.N. 34 of 2020)
Western Harbour Crossing (西區海底隧道) (Added 18 of 2023 s. 8)
(Schedule 1 replaced 7 of 2016 s. 5. Amended L.N. 73 of 2018)
$10,000
$10,000
$20,000
$50,000
$100,000
(Schedule 1A added 20 of 2021 s. 20)
In this Schedule—
prevailing base amount (現行基準款額), in relation to a toll for a peak time slot, means the prevailing amount of the toll that is provided for for a class of vehicle in the specified Schedule for the peak time slot; prevailing base duration (現行基準時限), in relation to a peak time slot, means the prevailing duration of the peak time slot that is provided for in the specified Schedule; prevailing base starting time (現行基準開始時間), in relation to a peak time slot, means the prevailing starting time of the peak time slot that is provided for in the specified Schedule; specified Schedule (指明附表) means Schedule 2 to the Road Tunnels (Government) Regulations (Cap. 368 sub. leg. A).Adjustment under section 20AA, whether in respect of the toll, the starting and end time, or the duration relating to one, or more than one, peak time slot or any combination of them, may be made in relation to a tunnel only once within each successive period of 6 months after the day on which any of the following is provided for in the specified Schedule and takes effect in respect of the tunnel—
the first specification of any peak time slots for a class of vehicles;
the addition of peak time slots for a day for a class of vehicles;
any adjustment to the toll, the starting and end time, or the duration relating to a peak time slot.
For the purposes of section 2 of this Schedule, it does not matter—
whether the adjustment to the toll is made in respect of one, or more than one, class of vehicles; and
whether the adjustment to the starting and end time, or the duration, is made only in respect of one, but not both, of the peak time slots in a day for a class of vehicles.
Each adjustment of the toll for private cars must not be more than $3.
The adjusted amount of the toll for private cars must be higher than the toll for any time slot that is not a peak time slot for private cars prevailing at the time of adjustment.
The aggregate adjustments of the toll for private cars must not be more than $15 above, or below, the prevailing base amount of the toll for private cars.
If the toll for private cars is adjusted, the toll for motor cycles and motor tricycles must accordingly be adjusted so that the adjusted amount of the toll for motor cycles and motor tricycles is equal to 40% of the adjusted amount of the toll for private cars.
Adjustment under section 20AA(1)(a) may only be made if the Authority has taken into account, and has only taken into account, the considerations set out in Part 5 of this Schedule.
Any adjustment must not result in—
the starting time of a peak time slot being more than one hour earlier, or later, than the prevailing base starting time of the peak time slot; and
the total duration of a peak time slot (a.m.) and a peak time slot (p.m.) being extended or shortened for more than 15 minutes.
The aggregate adjustments made to the duration of a peak time slot (a.m.) and a peak time slot (p.m.) must not result in the total duration of those two time slots being extended or shortened in such a way that the difference between the total duration and the total of the prevailing base duration of those two time slots is more than 30 minutes.
Adjustment under section 20AA(1)(b) may only be made if the Authority has taken into account, and has only taken into account, the considerations set out in Part 5 of this Schedule.
The considerations are—
whether the traffic demand (as exemplified by traffic flow and traffic queues) for the tunnel concerned has been constantly exceeding the capacity of the tunnel and resulting in congestion; and
whether the traffic queues tailing back from the tunnel concerned constantly and adversely affects traffic in any critical location in Hong Kong in an extensive manner.
For the purposes of section 12(b) of this Schedule—
critical location (關鍵地點), means a junction or an intercepting point along the approaching road to a tunnel where blockage to the junction or point will lead to congestion involving non-tunnel and cross-district traffic.(Schedule 1B added 18 of 2023 s. 9)
(Amended E.R. 1 of 2022)
In this Schedule—
EHC By-laws (《東隧附例》) means the Eastern Harbour Crossing Road Tunnel By-laws (Cap. 215 sub. leg. E) as in force immediately before their repeal; specified Regulations (《指明規例》) means the Road Tunnels (Government) Regulations (Cap. 368 sub. leg. A).Section 18E of the Magistrates Ordinance (Cap. 227) continues to apply in relation to an offence under the EHC By-laws that was committed before 7 August 2016 as if those By-laws had not been repealed.
The Road Traffic (Driving-offence Points) Ordinance (Cap. 375) continues to apply in relation to an offence under the EHC By-laws that was committed before 7 August 2016 as if those By-laws had not been repealed.
A traffic sign of the type shown in Figure No. 5 in the Schedule to the EHC By-laws that was—
erected in the tunnel area of the Eastern Harbour Crossing before 7 August 2016; and
in force immediately before that date,
is, on and after that date, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 17 in Schedule 1 to the specified Regulations.
A traffic sign of the type shown in Figure No. 8 in the Schedule to the EHC By-laws that was—
erected in the tunnel area of the Eastern Harbour Crossing before 7 August 2016; and
in force immediately before that date,
is, on and after that date, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 8 in Schedule 1 to the specified Regulations.
A traffic sign of the type shown in Figure No. 14 in the Schedule to the EHC By-laws that was—
erected in the tunnel area of the Eastern Harbour Crossing before 7 August 2016; and
in force immediately before that date,
is, on and after that date, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 405 in Schedule 1 to the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg. G).
A traffic sign of the type shown in Figure No. 18 in the Schedule to the EHC By-laws that was—
erected in the tunnel area of the Eastern Harbour Crossing before 7 August 2016; and
in force immediately before that date,
is, on and after that date, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 18 in Schedule 1 to the specified Regulations.
The provisions in this Schedule are in addition to and not in derogation of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).
(Schedule 2 added 7 of 2016 s. 20)
(Amended E.R. 1 of 2022)
In this Schedule—
specified Regulations (《指明規例》) means the Road Tunnels (Government) Regulations (Cap. 368 sub. leg. A); TCT By-laws (《大老山隧道附例》) means the Tate’s Cairn Tunnel By-laws (Cap. 393 sub. leg. B) as in force immediately before 11 July 2018; TCT Ordinance (《大老山隧道條例》) means the Tate’s Cairn Tunnel Ordinance (Cap. 393) as in force immediately before 11 July 2018.If a royalty payable under section 9(1)(b) of the TCT Ordinance has not been paid before 11 July 2018, that Ordinance continues to apply in relation to the royalty as if it had not been repealed.
Section 18E of the Magistrates Ordinance (Cap. 227) continues to apply on and after 11 July 2018 in relation to an offence under the TCT By-laws that was committed before that date as if the By-laws had not been repealed.
The Road Traffic (Driving-offence Points) Ordinance (Cap. 375) continues to apply on and after 11 July 2018 in relation to an offence under the TCT By-laws that was committed before that date as if the By-laws had not been repealed.
For the purposes of this section, a traffic sign is a pre-existing traffic sign if it was—
erected in the tunnel area of the Tate’s Cairn Tunnel before 11 July 2018; and
in force immediately before that date.
A pre-existing traffic sign of the type shown in Figure No. 5 in the Schedule to the TCT By-laws is, on and after 11 July 2018, regarded for all purposes as a traffic sign of the type shown in Figure No. 17 in Schedule 1 to the specified Regulations.
A pre-existing traffic sign of the type shown in Figure No. 8 in the Schedule to the TCT By-laws is, on and after 11 July 2018, regarded for all purposes as a traffic sign of the type shown in Figure No. 8 in Schedule 1 to the specified Regulations.
A pre-existing traffic sign of the type shown in Figure No. 14 in the Schedule to the TCT By-laws is, on and after 11 July 2018, regarded for all purposes as a traffic sign of the type shown in Figure No. 405 in Schedule 1 to the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg. G).
The provisions in this Schedule are in addition to and not in derogation of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).
(Schedule 3 added 9 of 2018 s. 11)
In this Schedule—
specified Regulations (《指明規例》) means the Road Tunnels (Government) Regulations (Cap. 368 sub. leg. A); WHC Bylaw (《西區海底隧道附例》) means the Western Harbour Crossing Bylaw (Cap. 436 sub. leg. D) as in force immediately before its repeal.Section 18E of the Magistrates Ordinance (Cap. 227) continues to apply on and after 2 August 2023 in relation to an offence under the WHC Bylaw that was committed before that date as if the Bylaw had not been repealed.
The Road Traffic (Driving-offence Points) Ordinance (Cap. 375) continues to apply on and after 2 August 2023 in relation to an offence under the WHC Bylaw that was committed before that date as if the Bylaw had not been repealed.
For the purposes of this section, a traffic sign is a pre-existing traffic sign if it was—
erected in the tunnel area of the Western Harbour Crossing before 2 August 2023; and
in force immediately before that date.
A pre-existing traffic sign of the type shown in Figure No. 5 in the Schedule to the WHC Bylaw is, on and after 2 August 2023, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 17 in Schedule 1 to the specified Regulations.
A pre-existing traffic sign of the type shown in Figure No. 8 in the Schedule to the WHC Bylaw is, on and after 2 August 2023, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 8 in Schedule 1 to the specified Regulations.
A pre-existing traffic sign of the type shown in Figure No. 14 in the Schedule to the WHC Bylaw is, on and after 2 August 2023, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 405 in Schedule 1 to the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg. G).
The provisions in this Schedule are in addition to, and not in derogation of, section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).
(Schedule 4 added 18 of 2023 s. 10)
In this Schedule—
Amendment Ordinance (《修訂條例》) means the Road Tunnels (Government) (Amendment) Ordinance 2025 (3 of 2025); specified Regulations (《指明規例》) means the Road Tunnels (Government) Regulations (Cap. 368 sub. leg. A); Tai Lam Tunnel and Yuen Long Approach Road (大欖隧道及元朗引道) has the meaning given by section 2(1) of the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474) as in force immediately before its repeal by the Amendment Ordinance; TLT Bylaw (《大欖隧道附例》) means the Tai Lam Tunnel and Yuen Long Approach Road Bylaw (Cap. 474 sub. leg. C) as in force immediately before its repeal by the Amendment Ordinance; TLT Regulation (《大欖隧道規例》) means the Tai Lam Tunnel and Yuen Long Approach Road Regulation (Cap. 474 sub. leg. B) as in force immediately before its repeal by the Amendment Ordinance; tunnel area (隧道區域) has the meaning given by section 1 of the TLT Bylaw.Section 18E of the Magistrates Ordinance (Cap. 227) continues to apply on and after 31 May 2025 in relation to an offence under the TLT Bylaw that was committed before that date as if the Bylaw had not been repealed.
The Road Traffic (Driving-offence Points) Ordinance (Cap. 375) continues to apply on and after 31 May 2025 in relation to an offence under the TLT Bylaw that was committed before that date as if the Bylaw had not been repealed.
For the purposes of this section, a traffic sign is a pre-existing traffic sign if it was—
erected or placed in the tunnel area of the Tai Lam Tunnel and Yuen Long Approach Road under section 3 of the TLT Regulation before 31 May 2025; and
in force immediately before that date.
A pre-existing traffic sign of the type shown in Figure No. 5 in the Schedule to the TLT Bylaw is, on and after 31 May 2025, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 17 in Schedule 1 to the specified Regulations.
A pre-existing traffic sign of the type shown in Figure No. 13 in the Schedule to the TLT Bylaw is, on and after 31 May 2025, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 26A in Schedule 1 to the specified Regulations.
A pre-existing traffic sign of the type shown in Figure No. 16 in the Schedule to the TLT Bylaw is, on and after 31 May 2025, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 405 in Schedule 1 to the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg. G).
A pre-existing traffic sign of the type shown in Figure No. 27 in the Schedule to the TLT Bylaw is, on and after 31 May 2025, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 25A in Schedule 1 to the specified Regulations.
A pre-existing traffic sign of the type shown in Figure No. 28 in the Schedule to the TLT Bylaw is, on and after 31 May 2025, to be regarded for all purposes as a traffic sign of the type shown in Figure No. 8 in Schedule 1 to the specified Regulations.
The provisions in this Schedule are in addition to, and not in derogation of, section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).
(Schedule 5 added 3 of 2025 s. 5)