52
7.
8.
In any reparation cluim which the Companies may make against H.. Government they shall give credit for any machinery, parts or other materiál supplied from outside the Colony and paid for under this agreement.
All disputes and questions whatsoever which shall either before or during the period of this A. Peenent or afterwards arise between the parties here to touching these Presents or the construction or application thereof or us to the validity of any notice given hereunder or whether these Presents are still subsisting or not or as to any lot, dood or omission of the parties hereto or us to any other matter in any way relating to these Presenta or the rights, duties or liabilities of any person thereunder shall be referred to a single Arbitrator if the parties own agree upon one or otherwise to two Arbitrators to be appointed by the parties respectively and their umpire in accordance with the provision of the Code of Civil Procedure or any enactment for the time being replacing, extending or modifying the same".
Two or three minor amendments which were suggested at the final discussion have been incorporated in the draft and it is understood that in its final form the Agreement is acceptable to both Companies. It is therefore being submitted to the War Office and the Colonial Office for approval and it is suggested that subject to such approval it might rest on this exchange of letters. It is emphasised however, that the Agreement cannot become operative until it has been approved in London.
I would add in conclusion that in accordance with the request put forward by the Hong Kong Electric Com, any their view that Clause 4 operates somewhat harshly has been re, resented to the Secretaries of Slate for far and the Colonies, It has been explained that both Companies feel that it would be equitable for the Administration to meet the leave expenses of that portion of the staff which would normally be absent under peace time conditions during a six monthly period and that the Companies take the viow that by so doing the Administration would in no sense be paying a duplicate staff.
I am, Gentlemen,
Your obedient servant,
(sd) K.M.A. Barnett.
for 0.0.5. FOLLOWS
Chief Financial Advisor
Civil Affairs
The Hong Kong Electric Company Limited, Hong Kong