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(39 of 1957).
Grant of rights.
Duration of an od renewal thereof.
"Company" means the Kowloon Motor Bus Company (1933) Limited or such other person to whom the rights and obligations of the Kowloon Motor Bus Company (1933) Limited may be assigned with the consent of the Governor in Council in accordance with the provisions of section 6;
"grant" means the grant of the rights made by section 3;
"public omnibus", "public car" and "road" have the meanings assigned
to them by section 2 of the Road Traffic Ordinance. 1937;
"Schedule of Services" means the Schedule of Services referred to in
section 12 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 11 or by any other person in accordance with the provisions of subsection (2) of section 16.
3.
Subject to the provisions of this Ordinance, the Government grants to the Company the exclusive right to transport persons in public omnibuscs and in public cars on roads in Kowloon and the mainland portion of the New Territories (excluding the islands adjacent thereto) in such circumstances that payment is made for the seat occupied by the passenger so transported, as distinct from the hiring of the vehicle, and the right to carry goods in such public omnibuses and public cars.
4. (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 substantial breach or non-performance or non-observance on the part of the Company of any of the provisions of this Ordinance, the Government 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 Limitations maintain the following services-
and exclu-
સં
(a) the chartering and hiring of public omnibuses and public cars where payment is made otherwise than for the seat occupied by the passenger:
(b) 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 payment being made by or on behalf of each person travelling on the vehicle at a fare for the whole journey, irrespective of the distance actually travelled;
(c) services provided and used by an employer for the conveyance
only of his employees to and from their place of work;
(d) 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 have arrived in the Colony or intend to leave the Colony by an acroplane, persons meeting or accompanying them and airline and airport employees:
(e) services provided by the Government or the Armed Forces of the Crown for the conveyance of Government servants or members of the Armed Forces of the Crown and members of the families of either:
(f) 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
(g) services run by botels for the convenience of hotel guests only where every person using the service either 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.
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