46
the first day of May and the first day of November of each year, such average rate being adjusted to the nearest five points. A new rate shall come into effect on the 1st of July following and the 1st of January following each six monthly period.
Article 35. The "Current Rate of Exchange" referred to in Article 33 shall be the average selling rate of exchange between Canton currency and Hong Kong currency for the period from the 16th of the preceding month to the 15th of the current month.
Accounts.
Article 36. The accounts of all Through Traffic shall be kept by each Section according to a uniform method to be mutually agreed upon between the two Administrations and such accounts shall be open to inspection by a duly authorized representative of the other Section at all reasonable times.
Article 37. Monthly accounts of all receipts from Through Trains, rentals, hire of rolling-stock, shunting charges and all other matters requiring adjustment between the two Sections shall be made by each Section as soon as possible after the last day of each month and state- ments of such accounts signed by the Managing Director of the Chinese Section and the Manager of the British Section shall be exchanged be- tween the two Administrations.
Article 38. During the latter half of each month payments on account in respect of any balance due to one Section shall be made by the other Section in Hong Kong currency, such payments being based on preliminary statements of Debits and Credits for the preceding month.
Article 39. Half-yearly accounts for the periods from the 1st of January to the 30th of June and from the 1st of July to the 31st of December shall be prepared from the monthly accounts statements and the necessary financial adjustments shall be made after such accounts are agreed to by the two Administrations.
Telegrams, mails, letters and parcels.
Article 40. Telegrams, mails, letters and parcels on Railway ser- vice shall be sent and received by each Section free of charge.
Article 41. Any arrangement for the conveyance of through mails shall be decided upon by the two Administrations on a contract basis.
Catering.
Article 42. Through catering contracts and all matters relating thereto shall be dealt with annually by mutual arrangement between the two Administrations. The rents received under through catering con- tracts shall be accredited to each Section in the proportion of Chinese Section seventy-two per cent. British Section twenty-eight per cent.
Advertising and Printing.
Article 43. All advertising and printing in connection with Through Traffic shall be mutually arranged between the two Administrations and the cost thereof shall be borne by each Section in the proportion of Chinese Section seventy-two per cent. British Section twenty-eight per
cent.
Customs Arrangements.
Article 44. The arrangements relating to Customs shall be as set out in Schedule "C".
Force Majeure.
Article 45. Should either party to this Agreement be temporarily unable at any time, owing to Force Majeure, to fulfil the provisions and conditions thereof for the operation of Through Traffic between the two Sections, the said Section shall immediately notify the other Section to suspend temporarily Through Traffic, and all accounts between the two Sections shall be closed up to the day following the issue of such notifica- tion. As soon as the cause of such temporary suspension is removed, the Section in which such Force Majeure occurs shall forthwith notify the other Section of the resumption of all Through Traffic. The Section in which such Force Majeure occurs shall not be responsible for any damage or loss incurred by the other Section resulting from the tem- porary suspension of traffic.
Duration of Agreement and Procedure for Alteration or Modification.
Article 46. This Agreement shall come into force on the 1st day of October 1934 and shall continue in force for five years. Upon the expiration of the said period this Agreement shall become null and void, unless three months before the expiration of the said period the contract- ing parties by mutual consent agree in writing to renew or modify it. No alteration or modification of this Agreement during the period of effectiveness shall be valid unless made by mutual agreement in writing by the contracting parties.
Provisions for supplementing this Agreement.
Article 47. All Through Traffic matters between the two Sections not provided for in this Agreement may be settled by mutual agree- ment between the two Administrations,
Text of Agreement.
Article 48. This Agreement is printed in Chinese and English both versions being equally authentic. Four prints are made and are signed by both parties thereto The Ministry of Railways, the Hong Kong Government, and the Administrations of the Chinese and the British Sections shall each retain one print.
47