1962-HKRS28-8-29_Part03 — Page 39

Payment for works.

(7) Notwithstanding the provisions of this section the Director may authorize the company to carry out such alterations to the level or line of any track as the Director may consider to be necessary or desirable and to be minor alterations or realignments, emergency measures or tem- porary provision.

138. (1) When the company has carried out, to the satisfaction of the Director, such work as is the subject of an order made in accordance with the provisions of sub- section (5) of section 13A or a notice given in accordance with the provisions of section 14, the company, subject to the provisions of this section, shall be entitled to be paid, out of the general revenue of the Colony, the reasonable cost of carrying out such work.

(2) J

(a) the work includes the renewal or replacement of apparatus of the company so that the company derives a benefit from the life of new apparatus being longer than the life of the apparatus so renewed or replaced; or

(b) by reason of the carrying out of such work the company has received or will receive any other benefit by way of greater efficiency of the running of the tramway system, reduction of wear on cars or tram rails or any other part of the apparatus of the company or by any other way,

the amount to be paid to the company shall be reduced by the amount or value of any such benefit.

(3) If by reason of the carrying out of such work the company has been or will be put to any greater expense or loss by way of lesser efficiency of the running of the tram- way system or increase of wear on cars or tram rails or any other part of the apparatus of the company, the amount to be paid to the company shall be increased by the amount or value of any such additional expense or loss.

(4) The amount to be paid to the company shall be such amount as may be agreed between the Director and the company as the reasonable cost of the carrying out of such work, after deduction therefrom and addition thereto

(Vol. VII, p. 44).

7

of such amounts as may be so agreed as representing the amount or value of such beocfits and expenses and losses as are referred to respectively in subsections (2) and (3), 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.

(5) The Director may make payments on account whilst any such work is in progress but such payments on account shall not exceed in total four-fifths of the Director's estimate of the value of work done to the date of each such payment.",

10. Section 14 of the principal Ordinance is amended- (a) by the deletion of the words "fourteen days"" and the substitu-

tion therefor of the following-

"one month's'*; and

(b) by the deletion of the words beginning with "and the road on which such temporary tramway" to the end of the section and the full stop appearing at the end thereof and the substitution therefor of the following-

"and the provisions of section 12 shall apply until the removal of the temporary tramway.”.

Amendment of section 14.

11. Section 22 of the principal Ordinance is amended by the Amendment insertion after the word "officer" of the following-

of section 22.

**

▪

who must either be a civil or electrical or mechanical engineer.".

12. Section 26 of the principal Ordinance is amended by the dele- Amendment tion of the figures "26" appearing at the end thereof and the substitution of section 26. therefor of the figures "25".

13. Section 28 of the principal Ordinance is amended by the Amendment insertion after the word "animal" of the following-

་

mechanical or other"'".

of section 28.

14. Section 30 of the principal Ordinance is amended by the Amendment insertion after the word "officer" of the following-

who must either be a civil or electrical or mechanical engineer,”.

15. Section 31 of the principal Ordinance is amended by-

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

therefor of the words "two hundred and fifty":

(b) the deletion of the word "ten" and the substitution therefor of

the words "one bundred".

of section 30.

Amendment

of section 31.