398
Purchase by Government of tramways.
Motive power
Nos. 1 to 5.
No. 2.] THE ORDINANCES OF HONGKONG : [A.D. 1883.
the powers of the Company shall, at the expiration of six months from the making of the order, be at an end, and the powers of the Company shall cease and determine at the expiration of the said period, unless the same are purchased by the Government in the manner provided by this Ordinance, and thereupon the Surveyor General may remove the tramway in like manner and subject to the same provisions as to the payment of the cost of such removal, and to the same remedy for recovery of such cost in every respect, as in cases of removal under the last preceding section.
Purchase of Tramways.
35.--(1.) The Governor-in-Council may, within six months after the expiration of a period of twenty-one years from the time when the Company was empowered to construct the said tramways, and within six months after the expiration of every subsequent period of seven years, or within three months after any order made by the Governor-in-Council under either of the last two preceding sections, by notice in writing require the Company to sell, and thereupon the Company shall sell, to the Government its undertaking, on the terms of paying the then value (exclusive of any allowance for past or future profits of the undertaking or any compensation for compulsory sale or other consideration whatsoever) of the tramways, and all lands, buildings, works, materials, and plant of the Company suitable to and used by it for the purposes of its undertaking, such value to be, in case of difference, determined upon petition to the Court in a summary way.
(2.) When any such sale has been made, all the rights, powers, and authorities of the Company in respect of the undertaking sold, or, where any order has been made by the Governor-in-Council under either of the last two preceding sections, all the rights, powers, and authorities of the Company previous to the making of such order in respect of the undertaking sold, shall be transferred to, vested in, and may be exercised by the Government.
Motive Power.
36. The carriages used on Tramways Nos. 1, 2, 3, 4, and 5 may be moved by animal, steam, or any mechanical power: Provided always that the exercise of the powers by this section conferred with respect to the use of steam or any mechanical power shall be subject to the regulations set forth in the First Schedule to this Ordinance, and to any regulations which may be added thereto or substituted therefor by any order which the Governor-in-Council is hereby empowered to make from time to time, as and when he may think fit, for securing to the public all reasonable protection against danger in the exercise of the powers hereunder.
First Schedule.
A.D. 1883
powers hereunder mechanical power Company construct this Ordinance his intention
37. The use of locomotives or other mechanical power.
38. Every carriage constructed as aforesaid shall have an entrance to their protection carriage.
39. The machinery that purpose time inspect the machinery tramways, order, prohibit engine, car unsafe or
40.--(1.) mechanical power Ordinance, or forth in the thereto or substituted therefor be subject to a continuance for every default provided that, Governor-in-Council person using authority or provisions any of the or with any substituted therefor
person to exercise Company or such shall not against Governor-in-Council