1961-HKRS30-8-51_Part01 — Page 45

Grent of franchise.

Cancellation

4

PART 11.

Franchise.

3. (1) Subject to the provisions of any other enactment the Governor may grant to any person upon such terms and conditions as he shall consider necessary including payment of such deposit & he shall consider necessary the right or licence to operate and maintain a service in any part of the Colony and may make such franchise exclusive.

(2) Any franchise may be granted by public tender or în such other manner and for such period not exceeding five years as the Governor shall consider necessary and may be extended to any period up to twelve months at any one time, up to a total extension of fir years.

(3) The grant of a franchise may include the grant of the right to carry on any other trade or business which may conveniently be combined with the business of operating the service.

(4) A franchise may be granted free of payment or in return for a fixed periodical fee or for a proportion of the profits arising out of or receipts from the maintenance of the service and of any busines ancillary to the maintenance of the service and any sums payable i return for any franchise shall be paid into the general revenue of the Colony.

(5) No franchise shall be transferred without the prior consent of the Governor.

(6) Any licence or franchise for the operation and maintenance of a service issued in accordance with the provisions of any enactment repealed by these regulations shall continue to be valid as a franchise in all respects as if it had been granted under this regulation,

(7) The Governor may delegate to the Authority his powers and functions under this regulation in respect of any vehicle or any class of vehicle or of any service or any class of service.

4. The Governor or, where the franchise was granted by the of franchise. Authority, the Authority may cancel any franchise granted in accord- ance with the provisions of regulation 3 for breach of any condition upon which the franchise was granted or of any provisions of these regulations and in any such cancellation, any deposit made by the operator shall be forfeited to the Crown unless the Governor or the Authority, as the case may be, otherwise directs or it is otherwise provided in the franchise.

Emergency.

S. (1) If the Governor in Council is of the opinion that there is such emergency as would justify the taking over of any service carried on in accordance with a franchise granted in accordance with the provi-

sions of regulation 3, the Governor in Council may order the Govern- ment to take over the service together with such of the assets of the operator as are necessary for the running of the service and continuc the same with or without modifications or suspend the same as the Governor in Council shall consider necessary, until the Governor in Council is satisfied that the emergency no longer exists.

(2) The Governor in Council shall, in such event, pay to the operator for the use of such assets and for loss and damage suffered by reason of such takeover such amount as may be agreed between the Government and the operator or, in default of agreement, such amount as shall be determined by arbitration in accordance with the provisions of Order XXV of the Code of Civil Procedure,

(3) The duration of any such emergency and any such takeover shall be computed in and not deducted from the term of any franchise or any renewal thereof.

(Vol. VII, P. 1841

6. (1) No person shall maintain or operate a service or shall Prohibition. carry passengers in a public omnibus or a public car for hire or reward where payment is made for the seat occupied by the passenger as distinct from the hiring of the vehicle except in accordance with a franchise.

(2) Any person who contravenes the provisions of paragraph (1) and any driver, conductor or other person employed in any vehicle operated in contravention of those provisions shall be guilty of an offence and on summary conviction shall be liable to a fine of one thousand dollars and to imprisonment for six months.

7. (1) Every operator to whom u franchise has been granted in Records. accordance with the provisions of regulation 3 shall maintain and keep the following records in respect of the franchise granted to him-

(a) the number of vehicles employed or available for employment by him in the operation of the franchise, together with the registration mark, maker's name, date of manufacture, date of first registration, and seating capacity of each such vehicle: (b) the number of daily journeys and mileage run by each vehicle; (c) the number of tickets issued on each vehicle on each journey; (d) the names of the persons employed as driver, as conductor

and as gateman of and otherwise on each such vehicle; (e) details of receipts in respect of each such vehicle and of each

section or route upon which such vehicle is operated.

(2) An operator shall permit any person authorized in writing by the Authority to inspect all records maintained in accordance with the provisions of paragraph (1) and all accounts kept by him in connexion