1960-HKRS29-8-27_Part01 — Page 25

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Canteen and latrine facilities.

Cost of other Facilities.

Revocation of graut.

(39 of 1957).

23. (1) Not later than the 31st day of December, 1960 and there- after during the continuance of the grant and of any extension thereof the Company will provide or ensure the provision of adequate canteen and latrine facilities for employees of the Company at or near to every terminus of every service to the satisfaction of the Commissioner of Labour unless the Commissioner of Labour is satisfied that such facili- Lies are otherwise available, are not necessary or can not be reasonably provided.

(2) Any facilities provided in accordance with the provisions of this section shall be at the sole expense of the Company.

24. (1) The Company shall provide at its own expense depots of such size and in such numbers as the Authority may consider necessary for the maintenance of all vehicles used by the Company in complying with the provisions of this Ordinance and for parking of all such vehicles during such time as they are not employed for such purpose,

(2) Subject to the provisions of subsection (3) the Governmeal will provide at its own expense at or near the terminus of every service such facilities as the Authority may consider necessary for the tempo- rary parking and turnround of such vehicles while employed for such purpose.

(3) The Company shall reimburse to the Government the cost of erection, removal and replacement of any canopies and shelters over waiting platforms and the cost of erection, maintenance, removal and replacement of any queue railings and the cost of the lighting of any such canopies and shelters which the Authority may consider necessary for the efficient provision of the services.

25. (1) If in the opinion of the Governor in Council-

(a) there has been a substantial failure on the part of the Company to comply with any of the provisions of the Road Traffic Ordinance, 1957;

(b) the Company is insolvent;

(c) the Company has failed to establish and maintain the service

in accordance with the provisions of section 11;

(d) the Company has failed to pay the royalty in accordance with

the provisions of subsection (1) of section 8;

(e) the Company has failed to comply with an order served on the Company in accordance with the provisions of subsection (1) of section 16;

( the Company has failed to comply with an order made by the Governor in Council in accordance with the provisions of sub- section (4) of section 14; or

(g) there has been substantial failure on the part of the Company to comply with any of the provisions of this Ordinance,

the Governor in Council may direct the Authority to serve on the Company a notice specifying the extent of such failure and requiring the Company to show cause in writing to the Governor in Council within twenty cight days after the date of such service why the grant should not be revoked:

Provided that the Governor in Council may from time to time extend such period if he shall consider such course necessary or advisable.

(2) If the Company fails, within twenty eight days of the service of such notice, to show cause why the grant should not be revoked, or if the Governor in Council, after considering the representations of the Company, is of the opinion that the Company has not shown cause why the grant should not be revoked, the Governor in Council may by order revoke the grant.

(3) Any order made in accordance with the provisions of sub- section (2) shall be served on the Company and, as soon as is practicable thereafter, shall be published in the Gazette.

(4) On the revocation of the grant in accordance with the provi- Bions of subsection (2) all the rights and obligations of the Company under this Ordinance shall wholly cease and determine as from the date of the order save and except the liability of the Company to pay royally in accordance with the provisions of section 8 up to the date of the order and the obligation of the Company in respect of the com- pulsory purchase of the assets of the Company in accordance with the provisions of section 28:

Provided that the right of compulsory purchase under section 28 may be exercised by the Government only within three months of the date of revocation of the grant.

26. (1) If the Governor in Council is of the opinion that there is Emergency. such emergency as would justify the taking over of the services, the Governor in Council may order that the Government shall take over the services together with such of the assets of the Company as are necessary for the running of the services and continue the same with or without modifications or suspend the same as the Governor in Council sball consider necessary until the Governor in Council is satisfied that the emergency no longer exists.

(2) The Government shall pay to the Company for the use of such assets and for loss and damage suffered by reason of such take-over such amount as may be agreed between the Government and the