1989 Ed.]
Tramway
[CAP. 107
11
of section 15(5) or a notice given in accordance with the provisions of section 17, the company, subject to the provisions of this section, shall be entitled to be paid, out of the general revenue of the Colony, the reasonable cost of carrying out such work.
(2) If-
(a) the work includes the renewal or replacement of apparatus of the company so that the company derives a benefit from the life of new apparatus being longer than the life of the apparatus so renewed or replaced; or
(b) by reason of the carrying out of such work the company has received or will receive any other benefit by way of greater efficiency of the running of the tramway system, reduction of wear on cars or tram rails or any other part of the apparatus of the company or by any other way,
the amount to be paid to the company shall be reduced by the amount or value of any such benefit.
(3) If by reason of the carrying out of such work the company has been or will be put to any greater expense or loss by way of lesser efficiency of the running of the tramway system or increase of wear on cars or tram rails or any other part of the apparatus of the company, the amount to be paid to the company shall be increased by the amount or value of any such additional expense or loss.
(4) The amount to be paid to the company shall be such amount as may be agreed between the Director and the company as the reasonable cost of the carrying out of such work, after deduction therefrom and addition thereto of such amounts as may be so agreed as representing the amount or value of such benefits and expenses and losses as are referred to respectively in subsections (2) and (3), or in default of agreement such amount as shall be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap.341),
(5) The Director may make payments on account whilst any such work is in progress but such payments on account shall not exceed in total four-fifths of the Director's estimate of the value of work done to the date of each such payment.
17. Temporary tramways may be made when necessary
(Added 48 of 1962 s. 9)
Where by reason of the execution of any work affecting the surface or soil of any road along which the tramway is laid, it is in the opinion of the Director necessary or expedient temporarily to remove or discontinue the use of such tramway or any part thereof, the Director shall, before such tramway or any part thereof is temporarily removed or the use thereof discontinued, give to the