10
11
(Vol. VII. F. 44)
(Vol. VII. P. 441
(6) the Governor in Council is of the opinion that by reason of-
(i) any material change in the economic or financial con- ditions of the Colony; or
(ii) any material change in any other circumstances affecting the grant,
the exercise by the Company of its rights under this Ordinance is excessively remunerative to the Company,
the Company and the Governor in Council may agree to the variation of the fares set forth in the Schedule of Services and the Governor in Council may, by order published in the Gazette vary such fares in accordance with such agreement but if the Company and the Governor in Council are unable to agree to such variation of such fares as may appear reasonable, the Company or the Governor in Council, as the case may be, may, notwithstanding any previous negoliations, submit the proposed variation of such fares to arbitration in accordance with the provisions of Order XXV of the Code of Civil Procedure.
(2) If on any such arbitration, the Arbitrator decides that the fares set forth in the Schedule of Services should be varied, the Governor in Council shall, either~-~-
(a) by order published in the Gazette amend the fares set forth in the Schedule of Services in compliance with the decision of the Arbitrator; or
(b) by order, vary the rate of royalty specified in subsection (1) of section 8 with or without varying such fares in such manner as shall, in the opinion of the Governor in Council increase or decrease the remuneration received by the Company from the carrying out of its obligations under this Ordinance in the same manner and to the same extent as if the fares set forth in the Schedule of Services had been varied in accordance with the decision of the Arbitrator.
(3) If the Company is of the opinion that the order made by the Governor in Council in accordance with the provisions of paragraph (5) of subsection (2) does not increase or decrease the remuneration received by the Company from the carrying out of its obligations under this Ordinance in the same manner and to the same extent as if the fares stipulated in the Schedule of Services had been varied in accordance with the decision of the Arbitrator, the Company may resubmit the matter to arbitration in accordance with the provisions of Order XXV of the Code of Civil Procedure and, on such arbitration, the Arbitrator shall have power to decide what royalty should be paid by the Company to the Government if the fares were as laid down in such order and as from the date of the decision of the Arbitrator, royalty shall be paid in accordance with the provisions of subsection (1) of section 8 at the rate decided by the Arbitrator.
20. (1) The Company shall cause to be displayed in a conspicuous Display of place, available for inspection at all times by members of the public- Schedule of
Services. (a) outside the registered office of the Company, a copy of the
Schedule of Services; and
(6) at or near the terminus of every service, a copy of every part
of the Schedule of Services which relates to that service. (2) The Company shall cause to be displayed in a conspicuous place in every vehicle used on any service, a copy of every part of the Schedule of Services which relates to that service.
21. (D) Children below the age of twelve years and members of Reduced the Armed Forces of the Crown in uniform shall be charged on every fares. service only one half of the normal adult fare for any journey, calculated in the case of a fare which is not an even multiple of five cents to the nearest whole five cents above and subject to a minimum fare of ten cents.
(2) A child below the age of four years, if accompanied by an adult and not occupying a seat, not more than two children being accompanied by any one adult, shall be carried free of charge.
(3) Members of the Police Force, the Hong Kong Auxiliary Police Force, the Preventive Service and the District Watch Force and postmen on duty and in uniform and members of the Police Force and Preventive Service on duty and, if not in uniform, in possession of a pass issued by the Company, shall be carried free of charge on every service.
British
22. (1) Subject to the provisions of subsection (3) every vehicle vehicles to used by the Company in complying with the provisions of this Ordin- be of ance shall be of British or of British Commonwealth manufacture. manufacture
(2) If any dispute shall arise as to whether any vehicle used or employed by the Company in the service, complies with the provisions of this section, the decision of the Governor in Council thereon shall be final.
(3) If for any reason whatsoever, the Company deems it necessary or expedient to use in connexion with the grant any vehicle not of British or of British Commonwealth manufacture the Company may apply to the Governor in Council for permission to use such vehicle and the Governor in Council may grant such permission upon such terms as he shall think fit.
23. (1) The Company shall not use or employ on any service any Double- double-decker public omnibuses without the prior permission in writing decker of the Authority.
(2) The Authority may at any time require the Company, at not less than six months' notice, to provide a service of double-decker public omnibuses on any route.
omnibuses.
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