معبابيد
Concession
Company
to
Inaintain and
operate
ferry
Harvice.
Particulars of ferry service. Schedule,
Power of Legislative Council to
Vary Schedula byr
resolution.
Power of Company
to make by-laws, Penalties.
Power
for the Financial Secretary to call upon the Company and certain persons
dealing
with the
2
3. Subject to the provisions of this Ordinance the Govern ment grants to the Compeny the sole right to maintain and operate the ferry service authorized by this Ordinance.
4. The ferry service authorized by this Ordinance is the service described in the Schedule. Such service shall be main-1 tained and operated upon the terms and conditions sperified in the Schedule.
5. The Schedule may be varied at any lime, with the consent of the Company, by resolution of Legislative Council: Provided that this section shall not be construed to prejudice the right of the Governor in Council to exercise any power specified in the Schedule as exercisable by him.
6. (1) The Company shall have power to make by-laws for regulating the conditions under which persons and their luggage may be carried in or upon any vessel belonging to the Company in operation of the ferry service, for the prevention of frauds on the Company and for the safe and efficient operation of the service.
(2) Any such by-laws shall be submitted for approval to the Governor in Council and shall be published in the Gazette wthing two weeks after the approval thereof.
(3) Any by-law made under this section may declare any breach of any such by-law to be an offence and may prescribe penalties therefor : Provided that no penalty so prescribed shall exceed a finc of one thousand dollars.
(4) A copy of every by-law clearly printed in English and Chinese in large type shall be posted in a conspicuous place on the Company's business premises and on the piers and also in each vessel of the Company employed in the carriage of passengers in operation of the ferry service.
7. (t) It shall be lawful for the Financial Secretary for the purpose of ascertaining the net profits of the Company during any period in respect of which royalty is payable under the terms and conditions contained in the Schedule or of ascertaining whether any deduction which the Company has made or may be seeking to make from profits is reasonable, by writing under his hand to call upon the Company and any person (other than 3 bank) who has entered into any agreement with the Company of
to produce
statements
to whom it has made any payment to produce to such person and Company at such time and place as may by any general or particular books and description be specified in such writing such books and statement of account. of account (including bank statements) as he may by such writing require.
(2) The Company or any person aggrieved by any exercise of the discretion conferred upon the Financial Secretary may appeal to the Governor in Council whose decision shall be final.
(3) Without prejudice to the right of appeal conferred by subsection (2) it shall be an offence to fail to comply with any requirement lawfully made under subsection (1) or any require- ment which may have been confirmed or substituted therefor on appeal under subsection (2): Penalty a fine of one hundred dollars in respect of each day during which such failure continues.
$. The Star Ferry Ordinance, 1902, is hereby repealed.
9.
Repeal of Ordinance No. 46 of 1902.
Nothing in this Ordinance shall affect or be deemed to Saving of
rights allect the rights of His Majesty the King, His Heirs and of the
Crown. Successors, or the rights of any body politic or corporate, or of any person except such as are mentioned in this Ordinance and those claiming by from or under them.
1.
SCHEDULE.
(Section 4).
service
The ferry service authorized shall be the service con- Ferry ducted by the Company for the carriage of persons and their luggage across the harbour of Hong Kong between the piers for the period of fifteen years commencing on the 1st January, 1950, and for the further periods authorized upon exercise of the right of renewal granted by paragraph 19 of this Schedule.
2. (3) The Company shall use the piers for the purpose Piers. of the ferry service: Provided that if the Governor in Council decide at any time to substitute another pier within "the frontage" the Company shall be bound to use such other pier on terms to be agreed or failing agreement on terms to be deter- mined by arbitration.