522
THE HONGKONG GOVERNMEN
Power to break up roads.
Completion
of work and
GAZETTE, 12TH JUNE, 1897.
of the public and advantage to the ordinary traffic, and the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns shall, with all reasonable despatch, comply with any order made by the Governor in Council for the purpose of carrying out any such improvements.
6. The said Hongkong and Kowloon Wharf and Godown Company, Limited, and their assigns may from time to time for the purpose of making, forming, laying down, maintain- ing, renewing, altering, adding to or removing any Tramway under this Ordinance, or any part or parts thereof respect- ively, open and break up any rowl subject to the following regulations
(1) They shall give to the Director of Public Works notice of their intention, specifying the time at which they will begin to do so, and the portion of road proposed to be opened or broken up, such notice to be given seven days at least before the commencement of the work.
(2) They shall not open or break up or alter the level of any road except with the authority, aud to the satisfaction of the Director of Public Works.
7. When the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns shall have reinstatement opened or broken up any portion of any road, they shall be
under the following further obligations, namely:
of road.
Penalty for not maintain ing rails. roads, &c. at
their proper level and in good condi tion.
Powers to make rules and regula- tions.
(1) They shall, with all convenient speed, complete the work on account of which they opened or broke up the same, and (subject to the formation, maintaining, renewal, or alteration of, addition to, or removal of the Tramway) fill in the ground and make good the surface, and, to the satisfaction of the Director of Public Works, restore the road to as good condition as that in which it was before it was opened or broken up. (2) They shall in the meantime cause the place where the road is opened or broken up to be fenced and watched and to be properly lighted from sunset to sunrise.
If the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns fail to comply with this section, they shall, for every offence (without prejudice to the enforcement of the specific performance of the requirements of this Ordinance, or to any other remedy against them) be liable to a penalty not exceeding one hundred dollars, and to a further penalty not exceeding twenty-five dollars for each day during which any such failure continues after the first day on which such poualty is incurred.
8. The said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns shall maintain in good condition and repair, and at their proper level so as not to be a danger or annoyance to the ordinary traffic, the rails of which any of the Tramways for the time being consist, and the substructure upon which the same rest together with the roadway between the rails of cach Tramway and so much of the roadway as extends outside the rails of each Tramway to a width of 18 inches; and if the Director of Public Works shall, from time to time or at any time here- after, alter the level of any road, bridge or culvert along or across which any of the said Tramways shall be laid, then and in such event, and so often as the same shall happen, the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns, shall, at their own expense, alter the rails so that the uppermost surface thereof shall be on a level with the surface of the road, bridge or enlvert as altered, and, if the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns, make default in complying with this section, they shall, for every offence, be subject on conviction to a penalty not exceeding twenty-five dollars, and, in case of continuing offence, to a further penalty not execeding ten dollars for every day after the first on which such default continues.
9. It shall be lawful for the said Hongkong and Kowloon Wharf and Godown Company, Limited, and their assigns from time to time to make such rules and regulations" as may be necessary for the use and due maintenance of the said Tramways. Provided always that no such rules and