CO129-412 - Governor Sir May - 1914 [7-8] — Page 178

An Agreement made this day of

14

Enclosures

170

52787

REG2 79

1914, BETWEEN HIS EXCELLENCY SIR FRANCIS HENRY MAY, K.C.M.G., Governor of Hongkong for and on behalf of the Government of the same (who and whose successors in office are hereinafter referred to as "the Governor "') of the one part and DENNYS & BOWLEY, Solicitors (who and whose assigns are herein- after called the Promoters") of the other part.

WHEREBY for the consideration hereinafter mentioned the Governor grants to the Promoters upon the conditions hereinafter specified the following rights and privileges:-

I. The right to construct lay down and maintain a tramway or light railway with single or double lines from a point in Wongneichong Valley through Wongneichong Gap to Deep Water Bay, along the line of route shown on the attached map or plan which is subject to demarca- tion and survey and to the approval of the Military Authorities and when completed to be signed by the parties hereto and countersigned by the Director of Public Works, with all proper electric generating stations, crossings, passing places, sidings, junctions, rails, turntables, plates, offices, weighbridges, workshops, sheds, quarters for em- ployees, overhead and other wires, cables, standards, poles and brackets, pipes and all such other works and conveniences in connection therewith as the Promoters may for the purposes thereof think fit, and to work and use the same. The Promoters may also generate and use electricity for the purpose of lighting or supplying power or other purposes to any part of their own premises or works, and to any other premises or works within the area over which the Promoters have options as hereinafter mentioned.

2. The Government will cause an Ordinance for authorising the construc- tion of the said tramway or light railway and containing all such pro- visions and clauses as to running and working of such tramway and light railway as the Government shall deem expedient to be intro- duced into the Legislative Council of Hongkong as soon as possible and will do its best to facilitate the passing of such Ordinance into law.

3. In the event of such Ordinance not being passed by the Legislative Council all rights and liabilities under this agreement shall cease and determine.

4. In the event of such Ordinance being passed by the Legislative Coun- cil construction of the said tramway or light railway shall be com- menced by the Promoters within one year from the commencement of the said Ordinance, and completed within a period of 3 years from that date if the Promoters fail to commence such construction within the prescribed period of one year or to complete within the pres- cribed period of 3 years all rights of the Promoters under this agree- ment shall be forfeited, but no liabilities shall attach to or be imposed upon the Promoters as a result of such failure.

5. The said tramway or light railway and works shall be constructed as far as possible in, on or over Crown Land and no charge shall be made to the Promoters for the use of such land: if however any land already leased shall be required in connection with such construc- tion such land shall be resumed by the Government under the Crown Lands Resumption Ordinance, 1900, the Promoters paying all ex- penses (legal or otherwise) and compensation (if any).

7. In the event of the Promoters' lines interfering with the use of any existing public road or path by ordinary traffic the Promoters shall carry out at their own expense such diversion or other alteration as the Director of Public Works may require.

8. In the event of the Promoters' lines interfering with existing water courses the Promoters shall carry out at their own expense such diver- sion or other alteration as the Director of Public Works may require.