8
Compulsory purchase
(Cap. 4)
Term of licence
Revocation
(Cap. 106)
Liquidation,
etc.
Acts of God,
etc.
10. (1) Not less than three months prior to the expiration of this licence the Governor in Council may by three months' notice in writing to the licensee require him to sell to the Government at the date of expiration of this licence the land and/or interest in land (if any), the premises and/or interest in premises (if any), equipment, apparatus and other plant forming the transmitting or receiving stations.
(2) The consideration to be paid by the Government to the licensee for the purchase of the said land and/or interest in land (if any), premises and/or interest in premises (if any), equipment, apparatus and other plant shall be a sum equal to the value thereof at the date of expiration of this licence but exclusive of any allowance of compensation for loss of profit, compulsory sale, good will, the cost of raising capital or any other consideration.
(3)
Any difference between the Government and the licensee as to the consideration to be paid by the Government under sub-clause (2) shall be referred to arbitration in accordance with the provisions of the Arbitration Ordinance (Cap. 341) or any statutory modification thereof for the time being in force.
11.
This licence shall commence on the twenty-sixth day of August 1979 and shall end on the twenty-fifth day of August 1989.
12. If at any time during the continuance of this licence there shall be any breach or non-performance or non-observance of any of the terms and conditions of this licence or of any of the provisions of the Telecommunication Ordinance or of any enactment in substitution therefor, the Governor in Council may cause notice to be served on the licensee revoking this licence from such dates as shall be stipulated in the notice and on such revocation this licence shall thereupon wholly cease and determine without prejudice to any rights or remedies on the part of the Government thereunder.
13. If the licensee goes into liquidation whether voluntary (save for the purpose of amalgamation or reconstruction) or compulsory or if the permitted assignee of the licensee not being a corporation becomes bankrupt or makes any assignment to or composition with his creditors, there shall be deemed to be a breach of the conditions contained in this licence.
14. The licensee shall be exonerated from observing or performing the provisions of this licence if and so long as the failure to observe or perform the same shall be directly attributable to the act of God, the Queen's enemies, restraint of Princes and Rulers, strikes, combinations of workmen, lookouts, riots, fires, typhoons, white ants or any other interferences or circumstances beyond the control of the licensee.