83
Services
which may
by other undertakings without infringement
of the licence.
58
in any such case the Governor in Council may cancel this licence, and thereupon all the powers and privileges of the Licensee hereunder shall cease and determine and the service or services shall be deemed to have been discontinued by the Licensee. Similar representations shall be made or confirmed by any permitted transferee.
THE CONDITIONS of this licence are as follows:-
1. The continued operation of the tramway services of the be continued Hong Kong Tramways, Limited, including any company taking over or carrying on the service thereof, and the Peak Tramway Company, including any company taking over or carrying on the service thereof, and lawful extensions of such services or either or any of them,
any and the maintenance, under licence or otherwise, of any service of motor buses for the transport of persons to, from and between the Hong Kong Hotel and the Repulse Bay Hotel (but not between any two intervening points on the route between them) shall not be an infringement of the rights under this licence, and shall not give rise to any claim in respect of such services or any of them. In the interpretation of this condition the Hong Kong Hotel and the Repulse Bay Hotel shall respectively include any hotel deemed by the Governor in Council to take the place of or be substituted for the said hotels respectively.
The service
ed and maintained.
2. The service or services to be provided and maintained by to be provid. the licensee shall be an efficient and adequate service of motor buses of such number, dimensions, capacity, weight, speed, power, design, make, manufacture, origin, construction and otherwise in all respects as required by these conditions, or where these conditions are silent or not exhaustive as may be approved by the Governor in Council, and as shall be necessary for the provision of the service or services. For the purposes of this condition and of condition No. 3 of these conditions the Licensee shall take all proper and timely steps to obtain from the Inspector General of Police before the 11th June, 1933, and before commencement of the service or services, a certificate to the effect that in his opinion the motor buses and organization of the service or services are sufficient and ready to allow of such com- mencement.
Commence. ment and maintenance of the service.
Vehicles to
manufacture.
3. The service or services to be provided by the Licensee shall be commenced on the 11th day of June, 1933, and all necessary steps shall be taken and provision made by the Licensee for such commencement, and the Licensee shall thereafter maintain such service or services during the subsistence of this licence, including any and every extension thereof in the event of renewal as hereinbefore pro- vided.
4. In and for the said service or services, and except as in
be of British this condition provided, every vehicle used by the Licensee shall be of British manufacture. In case any question shall arise at any time as to whether any such vehicle is of British manufacture the decision of the Governor in Council upon any such question shall be final: Provided that the use while serviceable of any vehicle of non-British manufacture which is owned by the Licensee and was in use by him in this Colony immediately before the 11th day of June, 1933, or was acquired by him under the provisions of condition No. 5 of this Licence, shall not be deemed to contravene this condition.
59
Licensee of
5. If any company at present operating, by permission, a Taking over bus service in the Island of Hong Kong of the kind and or nature by the to be provided by the Licensee shall so desire, the Licensee may be vehicles, etc.,
of existing required by the Governor in Council to purchase at such time as the under- Governor in Council may direct, under some method of valuation to takings. be determined by the Government, all or any suitable and effective vehicles, repair plant, and machinery, lands, buildings and materials used by such company in the Island of Hong Kong for the purpose of its undertaking prior to the 10th June, 1933. On any such valua- tion as aforesaid no allowance will be made for goodwill. If and where the Licensee is required so to purchase as aforesaid, the decision of the Governor in Council as to what vehicles, repair plant, and machinery, lands, buildings, and materials shall be purchased, and as to whether any vehicle, land, building or thing is suitable and effective shall be final and conclusive.
the service. (Schedule
6. The said service or services shall comprise the routes set Routes for out in Schedule A to this Licence. In respect of each of the routes set forth in the said Schedule a service shall be maintained by motor Aj buses running at intervals of not more than the number of minutes specified in the third column of the said Schedule during the hours specified in the third column of such Schedule, and having a seating capacity of the number of passengers stated in the fourth column of the said Schedule. Notwithstanding anything contained in this condi- tion the Governor in Council may at any time during the subsistence of this licence or any extension thereof require the Licensee to in- stitute fresh or other routes and to increase, extend, curtail or other- wise vary any of the routes set out in the said Schedule or any route instituted or required hereunder or to reduce the intervals between the running of vehicles on any such route or to provide on any such route vehicles of increased passenger capacity, or to institute and maintain such additional or substituted services on such routes as the Governor in Council may consider necessary,
tional and
7. The constructional requirements for Public Service Vehicles Construc (motor omnibuses) as laid down in Government Notification No. 328 other of May 30th, 1930, and any requirements for the time being substituted requirements
relating to therefor shall be complied with by the Licensee. Without the per- the motor buses, and mission of the Governor in Council double-decked vehicles may not approval of be used by the Licensee on any road in the Island of Hong Kong. vehicles, etc. No vehicle of the Licensee shall be used in or for the service until
it has been approved by the Inspector General of Police and every vehicle used in or for any of the service or services shall at all times be equipped, fitted and maintained to his satisfaction, and all buildings, works, materials and things used in connexion with any service shall be maintained in an efficient state of repair to his satisfaction. For the purpose of enabling the Inspector General of Police to ensure that the provisions of this condition are properly carried out the Licensee shall at all reasonable times allow the Inspector General of Police, and any officer authorised in writing in that behalf by him, to inspect all vehicles, buildings, works, materials and things used or intended to be used in connection with the service or services, and afford all such facilities for such inspection as may from time to time be re- quired.
8. The fares which may be demanded and taken by the Fares. Licensee shall not exceed the fares specified in Schedule B hereto, (Schedule
B.)
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