CO129-380 - Governor Sir Lugard - 1911 [9-10] — Page 40

An Agreement

day of

month of the year

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B.

made at

C O

33237

Rece

on the 813914 OCT 1Lday of the

of His Imperial Majesty Isian Tung being the

1911, A.D., BETWEEN THE DIRECTORATE GENERAL OF CHINESE IMPERIAL RAILWAYS OF THE BOARD OF POSTS AND COMMUNICA- TIONS (hereinafter referred to as "the Directorate") of the one part and His Excellency Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.Ò., Governor and Commander- in-Chief of the British Colony of Hongkong (hereinafter referred to as "the Governor") for and on behalf of the Government of the said Colony of the other part.

38

Whereas by Article 18 of an Agreement between the WAI WC PV (Board of Foreign Affairs of the Chinese Government) and THE BRITISH AND CHINESE CORPORATION LIMITED made at Peking on the 23rd day of the first month of the 33rd year of His late Imperial Majesty Kuang Isi being the 7th day of March, 1907, A.D., a copy of which is contained in the final schedule hereto (being an agreement for the issue of a loan for the construction, equipment and working of a Railway from the City of Canton to the boundary of the Kowloon leased territory under British control) it is provided that the junctions of the Sections of the Railway from Canton to the boundary of the Kowloon leased territory under British control and from the said boundary to the Port of Kowloon respectively, and the subsequent joint working of the two Sections should be arranged by agreement between the Viceroy of Canton and the Governor of Hongkong AND WHEREAS all the powers and duties of the Viceroy of Canton under the said recited agreement have been transferred by the Imperial Chinese Government to the said Directorate.

And Whereas in accordance with the terms of the said recited agreement a Railway is now being constructed from the said City of Canton to the said British boundary at a point on the North Bank of the Sham Chun River near the town of Sham Chun in the District of San On (which Railway is hereinafter referred to as "the Chinese Section") AND WHEREAS the Government of Hongkong has constructed a railway from the said Port of Kowloon to the said point on the North Bank of the Sham Chup River (which railway is hereinafter referred to as "the British Section") and a junction has been effected between the Chinese Section and the British Section at the point aforesaid:

And Whereas it is desirable to enter into an agreement for the joint working of the Chinese Section and the British Section, collectively hereinafter called the Railway":

Now it is hereby Agreed by and between the parties hereto as follows :-

Introductory,

www.

1. The Chinese Section shall be managed by the Directorate in accordance with the terms

of the said recited agreement in the final schedule hereto.

2. The British Section shall be managed by the Government of the Colony of Hongkong.

3. The junction of the two Sections already constructed as aforesaid at a point on the North Bank of the Sham Chun River shall be maintained subject to the terms of this agreement.

4. "Through express trains" means passenger trains run from Kowloon to Cunton or vice versû stopping pormally only at Sham Chan and Sheklung and only in exceptional circumstances at such other stations as may be agreed upon between the Administrations of the two Sections.

"Sectional trains" means trains run by the British Section between stations on that Section and Sham Chun: and by the Chinese Section between stations on that Section and Sham Chun.

"Joint-sectional trains' means sectional trains run by one Section to connect with sectional trains of the other Section at Shan: Chun, where all traffic by such trains shall be interchanged.

*

Through slow trains means trains run from Kowloon to Canton or rice cerse stopping at all or most of the intermediate stations, and such trains may under the provisions of Article 10 be substituted for joint-sectional trains.

"Through goods trains means the trains defined by Article 15.

"Through trains' means trains passing from the British Section to the Chinese Section, or rice rersû, through Sham Chum Station, without interchange of passengers or goods.