CO129-388 - Governor Sir Lugard - 1912 [1-2] — Page 105

4

103

If such traffic cannot be debited with such reasonable terminal charges, or if such traffic is not otherwise beneficial to the Receiving Section, the Receiving Section may refuse to construct such facility.

In the event of the Receiving Section so refusing to construct such facility the Sending Section may demand its construction on the following conditions :-

(a.) The Receiving Section shall furnish to the Seuding Section a plan and estimate of the

cost of constructing the facility.

(b) When the plan and estimate have been approved by the Sending Section, the facility shall be constructed by the Receiving Section at its own cost, provided that the Send- ing Section agrees to pay yearly to the Receiving Section a reasonable rental based on the Capital Cost of the facility and reasonable compensation in the event of the facility being no longer required.

Locomotives.

21. Chinese locomotives will haul all trains on the Chinese Section to and from Shum Chun Station, and British locomotives will haul all trains on the British Section and also all through and sectional

passenger and goods trains and rolling stock to and from Shum Chun Station from and to the British Section, and the necessary shunting accommodation for all such locomotives will be provided at Sham Chan Station. This article may be modified at any time by mutual agreement between the Administrations of the two Sections.

22. Each Section shall have a locomotive waiting in readiness at Shum Chun Station for taking on the through trains in accordance with the last preceding article. In order to ensure punctuality each Section through whose fault delay occurs shall forfeit to the other the sum of one dollar for each minute after the first fifteen minutes that any through express train arrives late at Shum Chun Sta- tion, unless such delay arises froin causes beyond the reasonable control of the Section concerned, and a fine of one dollar per minute shall be imposed for late departure from Shum Chun Station if not due to the late arrival of the train concerned.

Telegrams, Mails and Postul Parcels.

23. Telegrams on Railway Service will be sent and received by each Section free of charge.

24. Subject to satisfactory arrangements being made as indicated in the last sentence of this article between the Hongkong and the Chinese Postal Authorities, the Administration of the British Section agrees to carry free of charge to the Chinese Section between Shum Chun and Hongkong such Imperial Chinese Mails and Postal Parcels as may be handed over to it by the Administration of the Chinese Section; and the Administration of the Chinese Section agrees to carry free of charge to the British Section between Shum Chun and Canton such British Mails and Postal Parcels as may be handed over to it by the Administration of the British Section: provided that such Mails can be carried in the compartments or postal vans normally set aside for such service.

All further arrange- ments concerning the carriage of Mails and l'ostal Parcels by the Railway shall be discussed and settled between the Postmaster General of Hongkong and the Imperial Chinese Postal Board.

Fares and Rates.

25.-(1.) Each Section shall periodically hand to the other its own sectional fares and rates schedules, and schedules of the joint-sectional fares and rates shall be prepared and agreed upon by the Administrations of the two Sections as hereinafter provided: all such schedules shall be drawn up in the English and Chinese languages and posted conspicuously at each Station. Unless with the agreement of the Directorate and of the Governor, no alteration in any sectional fare or rate shall be made by either Section without giving at least one month's previous notice in writing to the other, and no alteration in any joint-sectional fares and rates schedule shall be made without the consent of the Administration of the other Section: all such joint-sectional fares and rates shall be fixed with a view to attracting traffic to the Railway.

(2.) In the first joint-sectional fares and rates schedules each of the fares and rates shall be the sum of the sectional fares and rates except as may be agreed upon for competitive purposes by the Administrations of the two Sections in the case of bookings between stations on the British Section on the one hand and Sheklung and Canton and all intermediate stations between Sheklung and Canton on the other hand.

(3.) None of the fares and rates in any joint-sectional fares and rates schedules subsequent to the first shall exceed the corresponding fares and rates in the first joint-sectional fares and rates schedules.