1962-HKRS28-8-29_Part03 — Page 37

Addition

of new section SA.

3.

2

The principal Ordinance is amended by the addition, after section 5, of the following new section-

"AttachmenL

(Vol. VII, p. 44%

5A. (1) The company may with the consent of the owner of any house or building attach thereto such brackets, rosettes, wires and apparatus as may be required for the efficient working of the tramway.

(2) Where the company is unable to obtain such consent and is of the opinion that such consent is being unreasonably withheld, the company may apply to the Director, on notice to the owner, for a certificate that the attachment is essential to the efficient working of the tram- way and the Director, if he is satisfied that the attachment is so essential, shall issue to the company a certificate under his hand to that effect.

(3) The company may serve on the owner a copy of such certificate and a copy of this section and, on the expity of one month from the date of such service, if there shall be no appeal in accordance with the provisions of subsection (4), the company may enter upon the premises at any reasonable time, during the hours of daylight and make such attachment, subject nevertheless to the payment to the owner of such compensation as may be agreed between the company and the owner, or, in default of agreement, such compensation as may be determined by arbitration in accordance with the provisions of Order XXV of the Code of Civil Procedure.

(4) If an owner is aggrieved by the issue of a certificate in accordance with the provisions of subsection (2), he may, at any time during such period of one month as is referred to in subsection (3) on notice to the company, appeal by petition to the Governor in Council and on such appeal. the Governor in Council, after hearing the Director, may confirm or revoke such certificate,

(5) No consent of an owner, decision of the Director or compensation payable in accordance with the provisions of subsection (3) shall have effect after that owner ceases

4.

to be the owner of the house or building in question but no attachments fixed under the provisions of this section shall be removed other than by or with the consent of the com- pany until the expiration of three months after any sub- sequent owner has given to the company notice in writing requiring the attachments to be removed and where such notice is given the provisions of subsections (3) and (4) shall apply as if such owner has unreasonably withheld his consent in the first instance.

(6) An owner may require the company to remove temporarily the attachments where necessary during any reconstruction or repair to his house or building.

(7) For the purpose of this section, "owner" means the person whose name is registered in the Land Office as the owner or holder of the land on which the house or building in question is built and any registered mortgagce of such land.”.

Section 9 of the principal Ordinance is amended by the deletion Amendment

of section 9. of the semi-colon at the end of paragraph (a) and the substitution there- for of a colon and the addition after paragraph (a) of the following-

"Provided that the Director, if he is satisfied that it is not practical owing to the urgency of the work for the company to give such notice, may permit the company to give such lesser period of notice as be may consider practicable;”.

5.

Section 10 of the principal Ordinance is amended by—

(a) the deletion of the words “one hundred” and the substitution

therefor of the words "one thousand";

(b) the deletion of the word "twenty-five" and the substitution

therefor of the words "two hundred and fifty”.

6. Section 11 of the principal Ordinance is amended by-

(a) the deletion of the figures "10"" and the substitution therefor

of the following-

"g":

(b) the insertion immediately after the word "Director" in the

second place where it occurs of the following--

if so required by him.":

Amendment of section 10.

Amendment

of section 11.