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THE HONGKONG GOVERNMENT GAZETTE, 13тя MAY, 1893.
Completion of work and reinstatement of road.
Penalty for not maintain- ing rails at their proper level and in
good condition. ·
Powers to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Governor in Council may make rules and regnla- tions in certain crents,
4. When the said Hongkong and Kowloon Wharf and Godown Company, Limited, their administrators or assigns shall have opened or broken up any portion of any road, they shall be under the following further obligations, namely
(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 feuced and watched and to be properly lighted at night.
If the said Hongkong and Kowloon Wharf and Godown Company, Limited, their administrators or assigns fail to comply with this section, they shall, for every offence (without prejudice to the enforcement of the specific per- formance 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 penalty is incurred.
5. The said Hongkong and Kowloon Wharf and Godown Company, Limited, their administrators or 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; and if the Director of Public Works shall, from time to time or at any time hereafter, alter the level of any road 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, their administrators or 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 as altered, and, if the said Hongkong and Kowloon Wharf and Godown Company, Limited, their administrators or 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 exceeding ten dollars for every day after the first on which such default continues.
6. It shall be lawful for the said Hongkong and Kowloon Wharf and Godown Company, Limited, their administrators or assigns from time to time to make such rules and regu- lations as may be necessary for the use and due maintenance of the said Tramways. Provided always that no such rules and regulations, nor any repeal or variation thereof, shall come into force until the same shall have been approved by the Governor in Council, and shall have been published in the Gazette.
7. Every person who shall commit a breach of any of the rules and regulations made in pursuance of this Ordi- nance shall, on summary conviction thereof before a Magis- trate, be liable to a fine not exceeding fifty dollars.
8. In all proceedings before any Court, the rules and regulations in force for the time being under this Ordinance, shall be sufficiently proved by the production of a copy of the Gazette in which the same shall be published and contained.
9. If the said Hongkong and Kowloon Wharf and Godown Company, Limited, their administrators or assigns shall fail to make or vary such rules and regulations as, in the opinion of the Governor in Council, are requisite for the protection of the rights of the inhabitants of the Colony, or for the public safety, the Governor in Council shall make an order to be served upon the said Hongkong and Kowloon Wharf and Godown Company, Limited, their administrators or assigns, limiting a time for the making or varying of such rules and regulations, and if such rules and regulations are not made or varied by the time prescribed in such order, the Governor in Council may make or vary such rules and regulations which,