THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
whether any work is such as ought reasonably to satisfy the Company, or person concerned, or with respect to any other subject or thing, regulated by, or comprised in, this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by an Engineer, or other fit person, nominated as referee by the Governor in Council, on the application of either party, and the expenses of the reference shall be paid as the referee directs.
23. If any difference arises between the Company, on the one hand, and the Surveyor General, on the other hand, with respect to any interference or control exercised, or claimed to be exercised, by the Company, or the Surveyor General, by virtue of this Ordinance in relation to any Tramway or work, or in relation to any work or proceeding of the Surveyor General, or with respect to the propriety of, or the mode of execution of, any work relating to any Tramway, or with respect to the cost of the maintenance or repair of any road along or across which any Tramway passes, or with respect to the amount of any compensation to be made by or to the Company, or on the question whether any work is such as ought to satisfy the Surveyor General, or with respect to any other subject or thing regulated by or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by the Governor in Council on the application of either party, and the expenses of the reference shall be paid as the Governor in Council directs. 24. None of the said Tramways shall be opened for public traffic until the same has been certified to be fit for such traffic by the officer duly appointed in writing for that purpose by the Governor in Council, and the Governor in Council has, by notification in the Gazette, authorized the same to be opened for such traffic.
Cesser of powers in certain events.
25. 1f the Company do not, within three years after the time at which they might, under this Ordinance, have commenced the construction of the Tramways, com- plete the Tramways, and open the same for public traffic, or If, within one year after the time aforesaid, the works are not, in the opinion of the Governor in Council, substantially commenced, or
If the works, having been commenced, are suspended without a reason sufficient in the opinion of the Governor in Council to warrant such suspension, the powers hereby given to the Company for constructing such Tramways, executing such works or otherwise in relation thereto, shall cease to be exercised, except as to so much of the same as is then completed, unless the time be prolonged by the Governor in Council; and, as to so much of the same as is then completed, the powers hereby given to the Company may continue to be exercised.
Licenses to use Tramways.
Differences between Company and Surveyor General.
Tramways not to be opened until certified.
Cesser of powers in certain events.
third partics
to use Tramways.
26. If, at any time after any Tramway, or part of any Licences to Tramway, shall have been for three years opened for public traffic, it shall be represented in writing to the Governor in Council by twenty inhabitant rate-payers of the Colony of Hongkong that the public are deprived of the full benefit of any Tramway, or part thereof, the Governor in Council may (if he considers that prima facie the case is one for enquiry) direct an enquiry by a referee into the truth of the representation, wlio shall report thereon to the Governor in Council, and the Governor in Council may, if the truth of the representation is proved to his satisfac- tion, from time to time, grant licenses to any Company or person to use such Tramway in addition to the Company for such traffic as is authorized by this Ordinance, with carriages to be approved of by the Governor in Council, subject to the following provisions, conditions, and restric- tions, that is to say:-
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(1.) The license shall be for any period not less than one year, nor more than three years, from the date of the license, but shall be renewable by the Governor in Council, if he upon enquiry, thinks
fit. (2.) The license shall be to use the whole of such Tramways for the time being opened for public traffic, or such part, or parts, of such Tramways, as the Governor in Council, having reference to the cause for granting the license, shall think right.
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