1416
THE HONGKONG GOVERNMENT GAZETTE, 228D SEPTEMBER, 1905.
For protec- tion of [Government or Telegraph [and] cables [or]
lines.
Rights of Departments, ete.. to open roads,
Difference between Promoter
and others other than the Director of Public
Works.
Promoter, and when any new altered or substituted works shall be completed by or at the cost or expense of the Pro- moter under this Ordinance, the same shall thereafter be as completely under the control of the Director of Publie Works, and be maintained by him, as any other sewers, draius, water-courses, sub-ways, sewerage or drainage. [17] If any cable or line used for the purpose of telegraphic, [14.] telephonic or electric signalling communication, now of hereafter to be constructed and worked in the said Colony or 53 any of its Dependencies by a Government Department or[] the Eastern Extension Australasia and China Telegraph [by] Company Limited [and] the Great Northern Telegraph Com- [or by] pany Limited, [] or any serial or subterranean line connected with any such cable, or the sheathings, coverings or sup- ports of any such cable or line shall be injuriously affected by the construction or working of the undertaking, the Promo- ter shall pay the expenses of all such alterations in or additions to such cable, line, sheathings, coverings or sup- ports as may be necessary to remedy such injurious affection. For the purposes of this section a cable or line shall be deemed to be injuriously affected if telegraphic communi- cation by means of such cable or line is in any manner affected by any act or work of the Promoter,
[18. Nothing in this Ordinance shall take away or abridge any power to open or break up any road aloug or across which the tramway is laid or any other power now vested in any Department, Company, persons or person for the doing of any matter or thing which such Department, Company, persons or person are or is authorized to do, but in the exercise of such power all such Departments, Com- panies, or persons shall be subject to the following restric- tious (that is to say) :-
(1.) They shall cause as little detriment or inconve- nience to the Promoter as circumstances admit. (2.) Before they commence any works whereby the traffic on the tramway will be interrupted they shall (except in cases of urgency, in which case notice of the commencement of such work shall be given to the Promoter within twenty-four hours after such commencement) give to the Promoter and the Director of Public Works notice of their intention to commence such work, specifying the time at which they will begin to do so, such notice to be given twenty-four hours at least before the commencement of the work. (3.) They shall not be liable to pay to the Promoter any compensation for loss of traffic occasioned thereby, or for the reasonable exercise of the powers so vested in them as aforesaid.
(4.) Whenever for the purpose of enabling them to excente such works any such Department, Com- any, persons or person shall so require, the Promoter shall either stop traffic on that por- tion of the tramway to which such notice shall refer, where it would otherwise interfere with such work, or shore up and secure the same at his own risk and cost during the execution of the work there: Provided that such work shall always be completed by all such Departments, Companies, persons or person with all reason- able expedition.
(5.) Any such Department, Company, persons or per-
son shall not execute such work so far as it immediately affects the tramway except under the superintendence of the Promoter, unless the Promoter does not give such superintendence at the time specified in the notice for the com- mencement of the work, or permanently dis- continue the same during the progress of the work, and they or he shall execute such work at their or his own expense and to the reason- able satisfaction of the Promoter.]
[or by the China and Japan Telephone and Electric Company Limited]
[19.] If any difference arises between the Promoter on [15.] The one hand and any Department, Company, persons or person (other than the Director of Public Works) to whom any sewer, drain, tube, wires, standards, poles, or apparatus for telegraphic, telephonic, electric lighting or other purposes may belong on the other hand, with respect to any inter- ference or control exercised, or claimed to be exercised, by such Department, Company, persons or person, or on their or