844
Draft Bill.
No. S. 77. The following Bill is published for general infor-
mation:-
[No. 7--15.3.35.-2.]
A BILL
Short title.
Amendment
INITITULED
An Ordinance to amend the Peak Tramway Ordinance, 1883.
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Peak Tramway Amendment Ordinance, 1935.
2. Sub-section (1) of section 12 of the Peak Tramway of Ordinance Ordinance, 1883, is amended by the addition of the following
proviso at the end thereof :-
No. 2 of 1883, s. 12 (1).
Saving of rights of the Crown and of certain other rights.
Provided that, if on any such land the company shall have erected any building, or any portion of a building, for purposes other than its undertaking, such land and the whole. of such building shall be deemed to be included in the under- taking unless the Governor in Council by notice in writing declares that such land and building shall be excluded from the sale.
3. Nothing in this Ordinance shall affect or be deemed to affect the rights of His Majesty the King, His Heirs or Successors, or of any bodies politic or corporate, or other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.
Objects and Reasons.
1. Section 12 (1) of the principal Ordinance, No. 2 of 1883, enables the Government in certain events to purchase all lands, buildings, works, materials and plant of the Peak Tramways Company Limited suitable to and used for the purpose of its undertaking. The word "undertaking" is defined in section 2 (c).
2. The Company contemplates erecting, on part of its land over the Lower Tram Station, certain residential flats and the object of this amending Ordinance is to include such flats in any sale under section 12 unless the Governor in Council by notice in writing declares that the land and the building are to be excluded from the sale. This object is effected by section 2 of this Ordinance which adds a proviso to section 12 of the principal Ordinance.
3. Section 3 of this Ordinance enacts the usual saving clause required by Article XXVII of the Royal Instructions in the case of every Bill intended to affect or benefit some particular person, association or corporate body.
C. G. ALABASTER,
February, 1935.
Attorney General.