1975-HKRS28-16-23_Part03 — Page 49

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approx adalonal directats. (Cap. 12.)

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without Governor'a

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Grantee DO Galindo proper service.

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(2) A majority of the directors requited under subsection (1) shall participate actively in the direction of the grantee,

9. (1) The Governor may, notwithstanding any provision of the Companies Ordinance or any other law or of any document, appoint not more than 2 persons to be additional directors of a grantee; and, notwith- standing any such provision as aforesaid, a person so appointed may not be removed from the board of a grantee cxcept by the Governor.

(2) A person so appointed to be an additional director of a grantes shall represent the Government and for that purpose shall be entitled to participate at meetings of the grantee and the board of the grantee, to have access to all material concerning the affairs of the grantee which is available to any other director and require such information with respect to the grantee's affairs as he may specify to be furnished to him, and, without prejudice to the foregoing but subject to subsection (3), any such person shall be treated for all purposes as if he had been appointed at u general meeting of the grantee as a director thereof.

(3) No for or reward, financial or otherwise, shall be paid by a grantee to a person appointed to be an additional director of the grantee under this section in respect of his performance of the functions of such a director.

10. No alteration shall be made during the franchise period to the memorandum or articles of association of a grantee without the approval of the Governor,

PART II

OPERATION ANd Control OF SERVICES

11. (1) Subject to subsection (2), a grantee shall not operate a public omnibus service otherwise than on & specified route.

(2) Whenever circumstances beyond the control of a grantee so require, a grantee may cause a public omnibus service to be diverted from a specified route for so long as such circumstances continue to so require.

12 (1) A grantee shall, at all times during the franchise period, maintain to the satisfaction of the Commissioner a proper and efficient public omnibus service.

(2) Without prejudice to the generality of subsection (1), the grantee shall not be treated for any purpose of this Ordinance as maintaining a proper and efficient public omnibus service unless it maintains the service and operates the same in accordance with its franchise, this Ordinance and any direction or requirement under its franchise or this Ordinance.

13. (1) The Governor in Council may determine-

(a) the scale of fares which may be charged for the carriage of passengers, baggage and goods on any specifled route or group of specified routes; and

(b) the maximum tale of increase which may be permitted by the

Commissioner under subsection (3) in the scale of fares deter mined under paragraph (7),

(2) Where under section 15 the Commissioner requires a grantor to- (a) alter a specified route temporarily; or

(5) operate a temporary public omnibus service on a route, not

being a specified route,

the Commissioner shall determine the fares which may be charged for the carriage of passengers, baggage and goods on such route in accordance with the appropriate scale of fares determined under subsection (1)(a).

(3) Where circumstances require a public omnibus service to be operated on a specified route during a period on any day-

(a) at a frequency greater than that directed under paragraph (e)

of section 16(1); or

(8) other than the period directed under that paragraph, the Commissioner may by notice in writing to the grantee permit the granted to charge an increased fare for the carriage of passengers, baggage and goods on such route during such period, being the sum of the fare determined in accordance with The appropriate scale of fares determined under subsection (1)e) and such amount as the Commissioner may think fit at a role not exceeding the rate of increase determined under subsection (116)

(4) A grantee shall not charge any passenger-

(x)

a lare exceeding the fare determined in accordance with the appropriate scale of fares determined under subsection (1)(a) or the fare determined under subsection (2) or permitted under subsection (3); or

(b) except with the permission of the Commissioner, a fare lower than that so determined or, where applicable, the increased fare permitted under subsection (3).

14. (1) Subject to subsection (4), the Governor in Council may by Aneradon of notice in writing to the grantee require it, before the expiry of such period mutes Bad as may be specified in the notice, to-

(a) alter a specified route in the manner specified in the notice. whether by way of extending or curtailing or otherwise varying the roulet

(6) operate a public omnibus service on such route, not being a

specified route, as may be specified in the notice.

(2) Where under subsection (1) the Governor in Council requires a grantee to operate a service on an additional route. he may confer on The grantee the exclusive right to operate a public omnibus service on that route.

(3) The period of notice referred to in subsection (1) shall be- (e) in the case of a notice served under paragraph (0) thereof, not

less than 3 months; and

(á) in the case of a notice served under paragraph (b) thereof, not

less than 6 months,

(4) A requirement shall not be made under subsection (1) unless the Commissioner has consulted the granted with respect thereto.

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alteration of

15. (1) The Commissioner may, after consultation with a grantee. by Tomporary notice in writing to the grantes, require it, before the expiry of such period (being not less than 3 months) as may be specifled in the riotice, to

(a) alter a specified route temporarily in the manner specified in the notice, whether by way of exteriding or curtailing or otherwise varying the route;

(6) operate a temporary public omnibus service on such route, nat

being a specified route, as may be specified in the notice.

routes and provising of addicional FORC