1960-HKRS28-8-27_Part01 — Page 12

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3

(39 of 1957),

Grant of exclusive night.

Duration of

Grant and

renewal

thereof.

Limitations Bodd exclusions.

(Cap. 107).

"grant" means the grant of the exclusive right made by section 3:

"public omnibus", “public car" and "road" have the meanings assigned to them by section 2 of the Road Traffic Ordinance, 1957:

"Schedule of Services” means the Schedule of Services referred to in

section 14 as amended from time to time;

"service" means a service of public passenger transport vehicles provided and maintained by the Company in accordance with the provisions of section 13 or by any other person in accordance with the provisions of subsection (2) of section 18.

3. Subject to the provisions of this Ordinance, the Government grants to the Company the exclusive right to transport persons by road in public omnibuses and in public cars on the island of Hong Kong and Aplichau in such circumstances that payment is made for the seat occupied by the passenger so transported, as distinct from the hiring of the vehicle.

ፋ (1) The grant is made for a term of fifteen years from the 15th day of February, 1960.

(2) If not less than one year before the date of expiry of the term referred to in subsection (1) or of any extension thereof, the Company shall have given to the Government notice requesting the extension of such term and if at such date of expiry there shall not be any existing breach or non-observance by the Company of any of the provisions of this Ordinance and the Governor in Council is satisfied that during the term and any such extension there has been no sub- stantial breach or non-performance or non-observance on the part of the Company of any of the provisions of this Ordinance, the Govern- ment shall extend the term of the grant for a further term of five years :

Provided that no extension granted in accordance with the provi- sions of this subsection shall extend the term of the grant beyond the 14th day of February, 1990,

5. There shall be excluded from the grant the exclusive right to maintain the following services-

(a) the tramway service carried on by the Hong Kong Tramway Company Limited in accordance with the provisions of the Tramway Ordinance, any trolley service substituted

therefor;

OT

(6) the chartering and hiring of public omnibuses and public cars where payment is made otherwise than for the seat occupied by the passenger;

(c) the running of sight-seeing tours where the journey commences and ends at the same place, even though there may be breaks or stops in the journey, no person being permitted to join the vehicle for the first time other than at the departure point or, by prior arrangement only, at an intermediate point, and pay- ment being made by or on behalf of each person travelling on the vehicle at a fare for the whole journcy, irrespective of the distance actually travelled:

(d) services provided and used by an employer for the conveyance only of his employees to and from their place of work;

(e) services between an airport and hotels, airline offices or ferry terminals where persons are conveyed from the airport to a hotel, to an airline office or to a ferry terminal or from a hotel, an airline office or a ferry terminal to the airport, no passengers being permitted to embark on or disembark from the vehicle in the course of the journey and passengers being limited to persons who bave arrived in the Colony or intend to leave the Colony by an aeroplane, persons meeting or accompanying them and airline and airport employees;

(f) services provided by the Government or the Armed Forces of the Crown for the conveyance of Government servants or roembers of the Armed Forces of the Crown and members of the families of either;

(g) services of vehicles used for the conveyance only of school children and their teachers and persons accompanying or in charge of school children to and from schools; and

(A) services run by hotels for the convenience of hotel guests only where every person using the service cither enters or leaves The vehicle at the hotel:

Provided that nothing in this section shall limit the right of the Company to provide any such service as is described in this section.

6. (1) The Company shall not assign its rights and obligations Assignment, under this Ordinance or any part of such rights and obligations without

the prior consent of the Governor in Council.