CO129-374 - Public Offices & Others - 1910 — Page 73

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remembered that the justification for imposing conditions

as to supply, &c. in England is that the undertakers are clothed with statutory powers to acquire land, break up streets &o. in return for which it is reasonable to impose statutory duties upon them. It has therefore been considered right to limit the power under the Ordinance to make further regulations to cases where the company affected seeks or has obtained some license or authority from the Director of Public Works to do something which without that authority they would not have been entitled to do.

Clause 4 (2) we thought might also be a useful provision. The Electric Lighting Acts contain elaborate provisions for the protection of the Postmaster-General, and the Tramway Ordinance of 1902 contains a section (21) for the protection of Government and other cables and

wires.

Clause 5 is inserted in accordance with my instructions. It was particularly insisted on by the companies in Hong Kong that the Governor in Council should

have ample power to vary regulations if they were found

not to be suitable to local conditions.

Clause 6 is inserted at Mr. Chatham's suggestion,

and is based on a somewhat similar precedent in the

Tramway Ordinance of 1902. (See Section 36). It will

be observed that the notice in the Gazette is only to be

published after the regulations or alterations have been

actually made, and will not afford persons interested an

opportunity of protest. Is this right?

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