1951-HKRS29-8-18_Part02 — Page 22

Conceraian

RUBU TOUR

ferable and in exclami,

14

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(5) The undertaking so taken over as aforesaid shall as soon as reasonably possible be paid for by the Government in accordion, to execute and do any works of a like nature to those ance with the then condition and value thereof,

specified in section 8 and any other works which the Governor in Council may think necessary or desirable for the purpose of continuing the supply of public telephonic communication after the termination of the concession.

(6) Upon any such taking over the Government shall not be compelled to purchase any plant, apparatus, machinery or any other property whatsoever of the company which is then obsole or unserviceable.

(7) Upon any such taking over nothing shall be paid for or allowed in respect of the goodwill of the company's undertaking or for any loss of estimated profits resultant on such taking over, or for any profits whatever except up to and including the date of such taking over.

(4) The Government shall pay to the company interest at the rate of eight per cent per annum upon the amount of the purchase money from the date of taking over until the date of payment,

40. The concession is personal to the company, and the company shall not, without the previous written consent of the Governor in Council, assign, transfer, mortgage, charge, lease or otherwise dispose of the concession or the benefit thereof or ol any part thereof or of its undertaking or any part thereof to] any other person or grant any sub-licence in respect of the con- cession; and the Government shall not during the continuant of the concession permit any person other than the company to place or maintain telephone lines or telephone wires or cables. within the Colony or the waters thereof, except in the case of the following telephone lines, namely→→

:

41. The company shall during the whole term of the concession carry on its operations and use every endeavour to develop its system as though the concession were perpetual.

Compaar to tenure were

operate a L

perpotil

be adopted

Government by notice in writing to the company, given not of expiration

42. (1) It shall be lawful but not obligatory for the procedure to

less than five years previous to the date of the termination of coals, the concession, to require the company to continue the supply of telephonic communication in like manner and upon like terms as in this Ordinance and in any regulation made thereunder provided (and particularly with the use of the most modern apparatus suitable for local conditions and climate) for a further period of twenty-five years and the company shall, within six months of the date of such notice, inform the Government in writing whether it is willing to continue such supply. If the company so signifies its willingness to continue such supply then the supply shall be continued by the company for the further term of twenty-five years from the expiration of the concession in like manner and upon like terms as aforesaid save so far as such terms may be varied by mutual agreement between the parties.

(a) all telephone lines whatsoever which were bona fide:inment within the prescribed period of its willingness to continue

operation on the twenty-sixth day of June, 1925; and (b) such telephone lines as may be constructed or main- tained by the Government or by His Majesty's Govem- ment in the United Kingdom; and

(c) telephone lines constructed or maintained by Cable and Wireless, Limited, in accordance with its agreemen with or any licence from the Government or Hi Majesty's Government in the United Kingdom or any modification or renewal thereof; and

(d) such telephone lines as may be installed and maintained by any person solely for the private use of such person in his business:

Provided that it shall be lawful for the Governor in Council or such person as he may authorize in that behalf, at any time during the five years preceding the termination of this conces

(2) If the company fails or neglects to inform the Govern-

such supply, or declines within such period to continue such supply in like manner and upon like terms as aforesaid, then it shall be lawful for the Government, upon giving the company six months' previous notice in writing, to take over and purchase from the company, on the expiration of the concession, the whole or such part as the Governor in Council may think fit of the undertaking of the company and upon such taking over and purchase the terms of section 39 shall apply in all respects as if such taking over had been effected under that section.

(3) Notwithstanding anything in this section it shall be lawful for the Government, on giving to the company six months' notice in writing in that behalf and without requiring the company to continue the supply under subsection (1), to take over and purchase from the company on the expiration of the concession all or such part of the undertaking as the