Power of Governor
KO RIVE clipschietta Ch Commalager,
Prohibidon
al optica
of public
CTRONI
service excem under franchise.
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"public omnibus service" means an omnibus service for the carriage of
passengers for reward at separate fares;
"Schedule of Routes order" means an order under section 5(1); "specified route" means a route specified in the Schedule of Routes order applying in the case of a grantee and any additional roule on which a public omnibus service is operated by that grantee in accordance with
requirement under section 14 or 15.
3. (1) The Govenor may give to the Commissioner such direction as he thinks fit with respect to the exercise or performance of his powers. functions and dulies under this Ordinance, either generally or in any particular case.
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(2) The Commissioner shall, in the exercise or performance of his powers, functions and duties under this Ordinance, comply with any direction given by the Governor under subsection (1)
PART II
PUBLIC OMNICS SERVICE FRANCHISES
4. (D) A public omnibus service shall not be operated except under a franchise granted under this Ordinance or another enactment,
(2) Any person who...-
(a) operates, or manages or assists in the management of, a public
omaibus service, or
(b) uses, or causes or permits to be used, an omnibus in the opera-
tion of a public omnibus service,
which is operaled in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $100,000.
(3) This section does not apply to a public omnibus service which is- (a) a kour service, that is to say, a service for the carriage of passengers at separate fares entitling the passengers to travel together on a joumey, with or without breaks, from the place or places at which they are taken up (being the same place or two or more places in the same vicinity) to one or more other places and back to the place or places at which they were taken up
(6) an airport service, that is to say, a service for the carriage of passengers in either direction between Hong Kong International Airport and any hotel, airline office or ferry terminal when - (i) the passengers are not set down during the journey: (ii) no passenger is taken up during the journey; and
(ii) the passengers consist only of persons arriving in or intending to leave Hong Kong by aircraft, persons meeting or Accompanying such persons, or persons employed by an airline or the agent of an airline;
(e) au hotel service, that is to say, a service for the carriage of passengers residing at an hotel where every passenger is taken up or set down at the hotel;
(4) a student service, that is to say, a service for the carriage to or from a school, university or other educational establishment of students thereof, persons accompanying or in charge of auch students or who teach at the school university or other educational establishment;
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(e) an employers service, that is to say, a service provided by an employer for the carriage to or from their place of work of passengers who are persons employed by him.
(4) For the purposes of this Ordinance, a payment made by a person entitling him to be carried as a passenger in an omnibus shall be treated as a separate fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made.
4. (1) Subject to this Ordinance, the Governor in Council may grant to any company registered under the Companies Ordinance the right to operate a públic omnibus service on such routes as he specifies by order. (2) A franchise may confer on the grantee the exclusive right to operate a service on any specified route.
(3) A franchise-
(a) may be granted following a public tender or in such other manner
as the Governor in Council thinks fit;
(b) shall, except where the Legislative Council by resolution excludes the application of all or any of the provisions of the profit control scheme, be subject to the profit control scheme;
(c) shall be subject to such conditions as the Governor in Council
specífics; and
(d) shall prescribe whether it may be extended under subsection (2)
or subsection (3) of section 6,
(0) Without prejudice to any other provision of this Ordinance, a franchise may, with the consent of the grantee, be amended by the Governor in Council.
Cant of franchise
Cap. 32)
ants and
6. (1) A franchise may be granted for a period not exceeding 10 Periods of years, and in calculating a franchise period no account shall be taken of any change from time to time in the specified routes.
(2) If not less than 1 year before the expiry of the period for which a franchise was granted under subsection (1), the grantee has by notice in writing to the Colonial Secretary requested an extension of such period, the Governor in Council may, if the Commissioner is satisfied that during such period the grantee has maintained a proper and efficient public omnibus service in accordance with section 12, extend the franchise for a further period not exceeding 5 Years.
3) The Governor in Council may, at any time during a franchise period-
(a) whenever he considers It appropriate having regard to
circumstances affecting the franchise; and
(b) if the Commissioner is satisfied that since the grant of the franchise the grantes has maintained a proper and efficient public omnibus service in accordance with section 12,
extend the franchise for a further period not exceeding 2 years.
extraima thereof.
T. A grantee shall not assign or otherwise diapose of its franchise, Resurialdo pa or any part thereof, without the approval of the Governor in Council.
Ksement
of other dikoduloo
of Granchise.
4. (1) Save where the Governor in Council otherwise permits on the Directors of granting of a franchise, a majority of the directors of a grantee shall be grante British subjects ordinarily resident in Hong Kong.
complex.
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