CO129-206 - Public Offices & Others - 1882 — Page 500

494

Ordinance provided ; and thereupon the Sur veyor General may remove the tramway in like manner and subject to the same provisions to the payment of the costs of

such removal, and

removal under the

"1

to the same remedy for recovery of such costs, in Every respect as in cases of

• next preceding section.

In this part of ther recommend the insertion.

"

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(

4

"

4

the Ordinance I would for.

да

a clause-pro :viding for the purchase of the tramways by

the Colonial Government in terms analogous to those set forth in the section 43 of the Imperial Act (33 × 34 Vic Cap 78.)

Section 31. In the fifth bye-law the maximam speed is put down at ten miles an hour. This is too much for a crowded thoroughfare. In English towns the maximans is right miles hour. I would therefore recommend the addition of the words: "

in the country, and Eight miles

after the word "hour"

au

hour in the town "

au

in the twenty second line of this section. Ten miles an hour on the Shaukiwan Roador Gap Railway will not

be Excessive.

Sections 63 to 8Q inclusive

مر

and Sections 84

to 88 inclusive. These are the arbitration claudas.

C

opinion

is

very

g

The Ordinance

They prescribe Compulsary arbitration in cases of disputed compensation for lands taken. I would strongly recommend the omission of the whole of

these clauses,

clauses from have had some personal Experience of arbitration in Connexion with Hong Kong lands and property, and therefore I am compelled to concur in the

M2 Justice Snowden who in the news= paper report of proceedings in the Legislative Council Expresses himself desirous to see with "the arbitrator clauses altogether removed from The Bill" Arbitration by professional Experts in Hong Kong is dilatory and costly, and as often as not impossible, owing to the absence of suitable Experts . The number of Engineers and Surveyors limited to two or three; of these, two

have Entered the service of the Tramway Company. On the other hand, as Mr Justice Snowden so correctly remarks the process in the Summary, Court is very ine

inexpensive and Entails but little. delay. Speaking as a practical man with some knowledge of the subject I should say there can be no question as to the desirability of having of disputed Compensation referred to the Supreme Court sitting in Summary Jurisdictio with appeal to the full court. The

le greater facilities. oned by these Courts of obtaining professional Evidence there may be available in The Colony [including that of the Surveyor General free of Expense, ]their greater Experience in dealing "with soidence, and the fact that their proceeding are public point to the Courts as the,

proper tribunals wherein to settle act disputes arising out

all mallers.

whatever

this

: