8
Tramways Company (vide paragraph 6 of the General Manager's
note on page 26).
9.
Condition 20(5) of the invitation to tender
(Appendix G, page 52) reads as follows:-
No tender will be accepted unless the tenderer
represents, if an individual, that he is a British subject and, if a firm or company, that the majority of the partners or directorate are British subjects,
and in any case that the management and the administrative staff or an effective majority thereof, to the satisfaction of the Governor in
Council are or will be British subjects; that the
control will be within the Colony and essentially
British; that at all times and in all circumstances (including any and every emergency) the Government may be assured that the service will be duly and loyally maintained; and that the situation as above will continue and be observed with the utmost good faith during the subsistence of the licence and any and every extension thereof if granted to the tenderer. Such representations (including the under- takings contained therein) shall be the basis of any licence that may be granted, and if it shall at any time appear to the Governor in Council that any such representation has failed and no longer supports the licence then and in such case the Governor in Council
may cancel such licence, and thereupon all the powers and privileges of the licensee thereunder shall cease and determine and the service shall be
deemed to have been discontinued by the licensee.
and the same requirement appears in pages 1 2 of the licence (Appendix H pages 57 -58). In spite of this the Petitioner in paragraph 27 of his petition makes the
-
disingenuous
19