THE HONGKONG GOVERNMENT GAZETTE, JULY 2, 1909.
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Provided that the Governor-in-Council shall as soon as may be after the commencement of the construction of any railway works by notification to be published in the Gazette fix a date after which no claim for compensation shall tie.
13.-1.) The railway administration shall make and Power to maintain for the accommodation of the occupiers of lands make adjoining any railway--
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accommoda- tion works.
(a.) such and so many convenient crossings bridges Crossings
arches culverts and passages over under or bridges by the sides of or leading to or from the archies railways as
may in the opinion of the culverts and Governor-in-Council be necessary for the passages. purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made; and (b) all necessary arches tunnels culverts drains Arches
water-courses or other passages over or under tunnels or by the sides of such railway of such di- drains mensions as will in the opinion of the Gov- water- erner-in-Council be sufficient at all times to courses or convey water as freely from or to such lands other as before the making of the railway or passages, nearly as may be.
Provided that: -
culverts
tion works.
(c.) The railway administration shall not be re- Exception
quired to make any accommodation works in with such a manner as would prevent or obstruct the regard to working or using of the railway or to make comoda any accommodation works with respect to which the occupiers of the land have agreed to receive and have been paid compensation or to make any accommodation works with respect to which the owners or occupiers have made no representations during the time that the section of the railway affected was in course of cons.ruction,
accommoda-
(d.) Where the railway administration has provided Compulsion
suitable accommodation for the crossing of a to provide road or stream and the road or stream is after- other wards diverted by the act or neglect of the tion for the person having the control thereof the railway crossing of a administration shall not be compelled to pro- road or vide other accommodation for the crossing of the road or stream.
(2.) Every person who without lawful excuse the proof of which shall lie on him wilfully does any of the follow- ing things, namely
interferes with, removes, or alters any part of a railway or of the works connected therewith shall on conviction thereof in a summary way be liable to a penalty not exceeding twenty- five dollars in ad lition to any proceedings to which he may be liable by way of indiet- inent or otherwise.
14.—(1.) In either of the following cases namely:-
(a.) Where there is danger that a tree standing near a railway may fad on the railway so as to obstruct traffic;
stream where rond
or streami diverted.
Removal of trees danger- ous to or
obstructing the working
(b.) When a tree obstructs the view of any fixed of a railway.
signal;
The railway administration may with the permission of Permission any Magistrate fell the tree or deal with it in such other of Magis- manner as will in the opinion of the railway administra- trate. tion avert the danger or remove the obstruction as the case may be.
(2.) In case of emergency the power mentioned in sub- section (1) may be exercised by the railway administra- tion without the permission of a Magistrate.
When per- mission of Magistrate
not neces- sary.
(3.) A Civil Court shall not entertain a suit to recover A Civil Court compensation for any tree felled or otherwise dealt with un- not to enter- der this section.
tain action
in respect of
any tree felled.
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