1951-HKRS29-8-18_Part03 — Page 44

Com pulsory purchase,

Arbitration.

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(2) The inclusion in the Articles of Association of Articles containing the restrictions expressly or impliedly contained in the Articles contained in Appendix 11 shall not be deemed to be a breach of the representations contained in paragraph and it is hereby declared that the Company shall not by this paragraph be deemed to be precluded from altering suth Articles provided that such alteration does not authorize any greater interference by the directorate with the free transfer of the Company's shares than is sanctioned by the Articles contained in Appendix III.

(3) For die purposes of this paragraph, "British subject" means a citizen of the United Kingdom and Colonics or a Commonwealthı citizen.

17. (1) The Governor in Council may, on giving ten months' notice, expiring at the expiration of the concession, such notification to be published in the Gazette, require the Company to sell, and thereupon the Company shall sell, to the Government its undertaking for and in consideration of the then value of the same without any addition in respect of goodwill, compulsory purchase, expectation or possibility of renewal, or of any profits which might have been made from the undertaking.

(2) The power of compulsory purchase given by sub- paragraph (1) shall apply also to any event upon which under the provisions of this Schedule the ferry service has been discontinued or must be deemed to have been discontinued save that in such case no period of notice shall be required and the powers may be, exercised by notification published in the Gazette at any time after the occurrence of such event,

18. (1) Every arbitration in respect of the concession shall be heard and determined by a boord of arbitrators which shall in each case consist of three members and be constituted in manner following-

(1) the chairman of the board shall be such judge of the Supreme Court as the Chief Justice may designate;

(ii) the two other members of the board shall consist of one member to be nominated by the Governor and the other by the Company: Provided always that thes member nominated by the Governor may be a public officer;

(iii) notice in writing of the nomination by thel Governor of a member of the board shall be given forthe: with to the Company and shall be published in thes

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Gazette, and if the Company does not nominate a member of the board within seven days from the date of such publication, it shall be lawful for the chairman to nominate and appoint any person, other than a public officer, on behalf of the Company.

(z) (a) The constitution of any board shall be notified in the Gazette and within fourteen days from such notifica- tion the board shall commence its sittings at such time and place as the chairman may appoint.

(b) The Governor may appoint a secretary to the board and, if the person appointed be not a public officer, may decor- mine his remuneration.

(0) The remuneration of any member of the board shall be assessed according to the amount of work, the time occupied and the complexity of the subject matter of the arbitration and shall be determined in each case by the chairman at the conclusion of the arbitration: Provided that nothing herein contained shall authorize the payment of remuneration to a public officer.

(3) Subject as heroin provided every arbitration shall be conducted in accordance with the provisions of the Code of Civil Procedure and as though the parties concerned in the arbitration (Cap. 4. had entered into

rules). written agreement to submit to arbitration.

19. (1) The Government will on the written request of the Right of Company made on or before 31st December, 1963, and if there be renewal. not at that date any existing breach or non-observance by the Company of any of the terms and conditions specified in this Schedule, permit the continuance of the concession for a further term of five years from the 1st January, 1965, and subject to the said terms and conditions.

(2) The Government will on the written request of the Company made on or before 31st December, 1968, and if there be not at that date any existing breach or non-observance by the Company of any of the terms and conditions specified In this Schedule, permit the continuance of the concession for a second term of five years from the expiration of the last preceding term of five years, and subject to the said terms and conditions.

(3) The Government will on the written request of the Company made on or before 31st December, 1973, and if there be not at that date any existing breach or non-observance by the Company of any of the terms and conditions specified in this