1951-HKRS28-8-18_Part02 — Page 18

#extrletion

DEL COMPANY tararfering with worked of others.

Cowpany mat

to have laika Hemidat

Goverment

of its worke

HOT GETLAID

specified

works.

up such street and to fill in the ground, it shall be lawful for the Director, forthwith and without notice to the company, to fill in the ground and remove all rubbish, and the cost as certified by the Director of any work executed by the Director under the terms of this proviso shall be paid by the company on demand to the Accountant General,

19. When the company opens or breaks up any street it shall not remove, displace or interfere with any gas or water pipe or main or any drain or sewer or any tube, cusing, wire or cable for the carriage of electrical current except with the previous consent of the owner thereof: Provided that when any such owner refuses to give any such consent as aforesaid, it shall be lawful for the company to appeal from such refusal to the Director, who shall, if he considers such refusal to have been unreasonable, give a certificate under his hand to the company Go that effect, and upon receipt of such certificate it shail be lawful for the company to act in every respect as if the consent of such owner had been previously obtained.

20. The company shall not have any claim in damages or otherwise against the Government in respect of any disturbance

for disturbance or interruption of any part of the company's undertaking. lines or works occasioned by any works on or excavation or distur- bance of streets or lands which the Governor in Council may think it necessary or desirable to make for the purpose of altering the level of any lands or the gradient or level of or repairing or constructing any street, path or land or laying or renewing drain pipes or sewers, gas or water pipes or mains or any tube, casing, wire or cable for the carriage of electrical current or inspecting the same or for any other lawful purpose, whether of a like nature to the purposes aforesaid or not, or in respect of any disturbance or interruption occasioned by any person using or making any works upon or excavation or disturbance of any

Compány lo ka anumeT- allile for an indomalty Government

against claims.

streets or lands.

21. The company shall be answerable for and shall indemnify the Government against all claims on account of accident, damage or injury to property or to any person arising through its act, neglect or default, or through the act, neglect or default of its servants or of any contractor employed by it, or through or in consequence of any of the company's works under the con- cession, or through the construction, maintenance, repair or operation of the company's telephone system, or through the

downfall of wires, cables, insulators, brackets, posts or any part of its lines by reason of storm (if the damage caused by such storm is due to the company's negligence) or any other cause of whatever nature or through the company's system interfering with, injuring or impairing the efficiency of the undertaking of any other person.

alter work

22. The company shall, within a reasonable time after Company la eceipt of notice in writing from the Director, at the sole cost on rękies, nad charge of the company and in such manner as the Director sfull prescribe-

(4) alter the course, depth and position of the mode of attachment of any of the company's lines or cables and the position of any post or inspection pit or other works of the company: save that the company shall not be required to alter its ducts or main cables unless in the opinion of the Governor in Council such alteration is

necessary;

(b) where any such work as aforesaid necessitates the open- ing or breaking up of any street, make good the surface

thereof,

Ence to be

hables and

läne d

be placed

an notice.

23. The Director may, by notice in writing to the company, Overhand require that all or any overhead lines shall be placed in cables placed in and that all or any overhead lines or cables shall be placed overhead underground, and upon receipt of notice in that behalf the com- how piny shall, at its own cost and charges, within a reasonable underground period not exceeding two years from the date of such notice, carry out the works required by such notice: Provided that the company shall only be required to place its lines under- ground in those parts of its system in which twenty or more wires can in the opinion of the Director be conveniently grouped together, and the opinion of the Director in this respect shall be conclusive and binding on the company,

service 10

And work

24. The company shall maintain and operate the public melent telephone service in the Colony. The company shall also at be provided all times during the continuance of the concession provide and kept is maintain to the satisfaction of the Postmaster General a good, efficient and continuous service of public telephonic communica- Hon with modern appliances including all reasonable modern Liventions. The company shall likewise provide buildings for its plant and offices, and shall keep in a good and sufficient State of repair alt lines, cables, posts, attachments, plant and Appliances necessary for the provision and maintenance of such Rivice.