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Running Provisions.
Article 6. Canton-Hankow Railway locomotives shall normally haul all trains on that Railway to and from Shek Pai Junction Station and all matters pertaining to the operation of such trains shall be administered by the staff of the Canton-Hankow Railway. Chinese Section locomotives of the Canton-Kowloon Railway shall normally haul all trains on the Chinese Section between Shek Pai Junction Station and Shum Chun Station and all matters pertaining to the operation of such trains shall be administered by the staff of the Chinese Section. British Section locomotives of the Canton-Kowloon Railway shall normally haul all trains on the British Section between Shum Chun Station and Kowloon Station and all matters pertaining to the operation of such trains shall be administered by the staff of the British Section. When necessity arises the locomotives and staff of one Railway may operate in the adjoining Railway by mutual agreement between the Administrations concerned, in which event they shall conform to all traffic rules, regulations and practices in force on that Railway.
Accidents.
Article 7. The responsibility for any accident occurring on Transit Trains if due to the negligence of the staff of the Railway on which such accident occurs, shall be borne by the Administration of the Railway to which such staff belongs. The responsibility for any accident caused by a fault in the track or bridgework or rolling- stock or through the negligence of the staff in charge of such track or bridgework or rolling-stock, shall be borne by the Administration on whose Railway such track or bridgework is situated or to whom such staff or rolling-stock belongs.
Article 8. Unless otherwise agreed between the Administrations concerned all spare parts required for the repair of damaged rolling-stock shall be supplied free of charge by the Railway owning such stock provided it is responsible for the damage.
Article 9. Damage to or loss of Rolling-stock caused other than by the neglect or fault of the staff or fault in the track or bridgework or rolling-stock shall be borne by the Administration in whose Railway such damage or loss may occur unless it is agreed between the Administrations after enquiry that such damage or loss was caused by an act or acts done or commenced outside that Railway and in that event the damage or loss shall be borne by the Railway on which such act or acts were done or commenced.
Article 10. In all other cases where responsibility for an accident cannot be fixed, the handling of claims and the payment of compensation and all other matters in connection therewith shall be mutually agreed upon between the three Administrations.
Supply of Rolling-stock for Goods Transit Trains. Article 11. Each Railway shall normally supply Rolling-stock for Goods Transit Traffic as it becomes available and in accordance with the best possible traffic arrangements
and each Railway shall pay to the other Railways hire for all wagons of the other Railways running upon its tracks at the rate of one-twentieth of a cent Chinese National Currency per ton of capacity per kilometer per loaded wagon and one-fortieth of a cent Chinese National Currency per ton of capacity per kilometer per empty wagon.
Article 12. Demurrage shall be paid in accordance with Article
21 (iv) of the Ministry's General Regulations relating Fonducte "B"
to the Carriage of Goods by Goods Trains.
Article 13. Where wagons belonging to one Railway are used with
its consent on another Railway for purposes other than Transit Traffic, then hire shall be paid by the borrowing to the lending Railway at the rate of twenty cents Chinese National Currency per ton of capacity per day.
Cleansing, Oiling and Stabling of Rolling-stock on Transit Trains.
Article 14. Arrangements shall be made by the Canton-Hankow Railway and the British Section of the Canton- Kowloon Railway for the stabling, cleansing and oiling of Rolling-stock employed in Transit Traffic. These services shall be performed free of charge.
Interchange of Rolling-stock.
Article 15. Regulations for the delivery and receipt of Rolling- stock and the detailed procedure for inspection pre- paratory to such delivery and receipt shall be mutually agreed upon between the three Administrations.
Transit Rates.
Article 16. All rates for Transit Traffic shall normally be the sum of the local rates applying on each Railway plus terminal charges at both ends as specified in Schedule "A" attached hereto. The local rates shall normally not exceed the basic maxima laid down by the Ministry. For the purpose of stimulating traffic the three Administrations may mutually agree to make proportionate reductions in these rates which shall then be known as Special Rates
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Article 17. Special rates shall be quoted with the mutual consent of the three Administrations where no classification exists. These rates shall be subject to the Ministry's approval but not retrospectively. It shall be the duty of each Administration to acquaint the other Adminis- trations of traffic diversions through competition or of instances where existing rates are uneconomical.
Article 18. Each Railway shall send periodically to the other Railways an ample supply of its Own rates schedule for Transit Traffic. The Canton-Hankow Railway and the Chinese Section of the Canton- Kowloon Railway schedules shall be in Chinese National currency and the British Section of the Canton-Kowloon Railway schedule shall be in Hong Kong currency. These schedules shall be drawn up in Chinese and English and posted conspicuously at each station.