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Ord. No. 57/86
PEAK TRAMWAY (AMENDMENT)
HONG KONG
No. 57 of 1986
I assent.
Short title.
Addition of new
section 2A.
(Cap. 265.)
Amendment of section 3.
L.S.
David AKERS-JONES, Acting Governor. 31 July 1986
An Ordinance to amend the Peak Tramway Ordinance.
[1 August 1986]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1.
This Ordinance may be cited as the Peak Tramway (Amendment) Ordi- nance 1986.
2. The principal Ordinance is amended by adding after section 2 the following
"Right to run and operate the tramway.
(57 of 1986.)
3.
2A. (1) Upon the payment to the Government by the company of a non-refundable premium of $2,790,000 within 14 days after the commencement of the Peak Tramway (Amendment) Ordinance 1986, the company shall have the right to run and operate the tramway authorized by this Ordinance, along the route specified in section 3, for a period of 10 years commencing on 1 January 1984.
(2) The Secretary for Transport shall—
(a) if within 2 years after the commencement of the Peak Tramway (Amendment) Ordinance 1986 there is produced to him evidence of a commitment by the company to the carrying out of approved works for the modernization and improvement of the tramway and ancillary equipment; and (b) if such commitment is of a kind and in a form satisfactory to
him,
by notice in the Gazette grant to the company the right referred to in subsection (1) for a further period of 10 years commencing immediately after the expiration of the first such period.
(3) For the purposes of subsection (2) “approved works" means works approved by the Secretary for Transport.
(4) The right conferred by subsections (1) and (2) shall be subject to this Ordinance.".
Section 3 of the principal Ordinance is amended by deleting subsection (2) and substituting the following-
(2) The tramway authorized by this Ordinance is a partly single and partly double line, commencing from the southwest boundary of Inland Lot 7977, thence passing in a southerly direction up the hillside, crossing over Kennedy Road by means of a bridge and under Macdonnell Road, Magazine Gap Road and May Road Bridges to the terminus at Victoria Gap terminating on the boundary of Rural Building Lots 768, 762 and 858, as shown on plan No. MH25286 dated 23 September 1985 deposited in the Land Office, Victoria and signed on behalf of the Director of Lands and on behalf of the company:
PEAK TRAMWAY (AMENDMENT)
Ord. No. 57/86
A359
Provided that such alteration as the company thinks fit may be made to the position of the rail-tracks of the tramway as shown on the said plan so long as they are within the limits of deviation shown on the said plan.".
4.
Section 7(1) of the principal Ordinance is amended by deleting "the Colony" Amendment of and substituting the following-
5.
“Hong Kong”.
section 7.
section 11.
Section 11(1) of the principal Ordinance is amended by deleting "within 6 Amendment of months after the expiration of 28 years from the time when the company was empowered to construct the tramway, and within 6 months after the expiration of every subsequent period of 7 years, or".
6. Section 19 of the principal Ordinance is amended by deleting "tolls" in both Amendment of places where it occurs and substituting in each case the following-
7.
"fares".
Sections 21 and 21A of the principal Ordinance are repealed.
section 19.
Repeal of sections 21 and 21A.
8. Section 22 of the principal Ordinance is repealed and replaced by the Repeal and following-
"Fares.
9.
22. (1) Subject to subsection (2), the company may charge such fares for the use of the tramway as it may fix from time to time, which shall be paid to such persons, at such places, and in such manner as the company may, by notice annexed to the list of fares exhibited under subsection (3), appoint.
(2) If any person applies for a monthly ticket for the use of the tramway, the company shall issue the monthly ticket and the charge for the monthly ticket-
(a) shall not be less than-
(i) $100 for an adult; or
(ii) $50 for a student under the age of 16 years who holds a valid student travel card issued by the Commissioner for Transport;
(b) subject to paragraph (a). shall not exceed 25 times the
lowest fare for a full distance single journey,
(3) A list, printed in the English and Chinese languages, of all the fares to be charged and the monthly ticket charge shall be exhibited in a conspicuous place at the offices of the company and inside each carriage used upon the tramway.".
Section 28 of the principal Ordinance is amended-
(a) by deleting "seize" and substituting the following--
"arrest without a warrant"; and
(b) by deleting "conveniently taken to a police station for safe custody and detained until he is discharged by due course of law” and substituting the following-
(Cap. 232.)
"handed over to a police officer and such police officer may take such person into custody without a warrant and the provisions of sections 51 and 52 of the Police Force Ordinance shall apply accordingly".
replacement of section 22.
Amendment of section 28.
10. Section 33 of the principal Ordinance is amended by deleting "toll" and Amendment of substituting the following-
"fare",
section 33.