(Cap. 372)
(Cap. 341)
Annex A
"(6)
Where an amendment to a franchise is made under subsection (5) without the consent of the
grantee, the grantee shall be entitled to compensation for the loss of any permitted return (as defined in Part V) on any investment which the grantee may reasonably have been expected to make had the franchise not been so amended, subject to the deduction from that permitted return of any sum required to be deducted under sections 28 and 29.
(7)
In determining any compensation payable under subsection (6) account shall be had of any opportunity which the grantee may have had to mitigate his loss and to the effect the construction and operation of the North- west Railway under the Kowloon Canton Railway Ordinance would have had on the operations of the grantee (being an effect for which no compensation is payable) had his franchise not been amended.
(8)
Compensation payable under subsection (6) shall be in such amount as may be agreed between the Commissioner and the grantee or, in the event of a failure to agree, as may be determined by arbitration under the Arbitration Ordinance and, for the purposes of that Ordinance, the reference in this subsection to arbitration shall be deemed to be a reference by an arbitration agreement, as defined for the purposes of that Ordinance, to 2 arbitrators, one appointed by the grantee and one by the Commissioner."
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