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(2.) IE in the opinion of the Governor in Council the licensee shall have discontinued the working of the ferry or any part thereof for any periol whatsoever it shall be lawful for the Governor in Council notwitlistanding the existence of such licence to make such arrange- ments as he may think fit in the public interest for the temporary maintenance of such ferry or part thereof,
(3.) Any net loss incurred by or on behalf of the Government in consequence of the making of any such arrangement as is contemplated in paragraph (2) of this regulation shall be recoverable by the Government from the licensee.
(4.) The fact that any such arrangement as is contemplated in paragraph (2) of this regulation has been made shall not prevent the running of the period of fourteen days referred to in paragraph (1) of this regulation.
(5.) This regulation shall not apply to any discontinuance which in the opinion of the Governor in Council is due to circumstances beyond the control of the licensee, but the want of sufficient funds shall not for the purpose of this regulation bo deemed to be a circumstance beyond the control of the licensee,
INSOLVENCY OF THE LICENSEE.
36. If it appears to the Governor in Council that the licensee is insolvent so that he is uuable to maintain his ferry or any part thereof or to work the same with advantage to the public, the Governor in Council may enquire into the financial affairs of the licensee and if satisfied that the licensee is so insolvent as aforesaid may by order declare that the powers and privileges of the licensee shall at the expiration of three months from the making of the order be at an end and the powers and privileges of the licensee shall cease and deter- mine at the expiration of the said period.
PURCHASE OF FERBIES.
37. The Governor in Council may, at the expiration of the term of the licence, or on the determination of the powers and privileges of the licensee under the foregoing regula- tions, or at any time during the term of the licence on giving six months notice in the Gazette, require the licensee to sell and thereupon the licensee shall sell to the Government his undertaking and all ferry vessels, materials, plant, and equipment suitable to and used by the licensee for the undertaking for and in consideration of the then value of the same, without any addition in respect of goodwill, compulsory purchase, or of any profits which might have been made from the undertaking: Provided that if such notice during The term of the licence be given the amount payable for the ferry vessels, materials, plant, and equipment shall be not less than the original value of the same when acquired by the licensee less an allowance in respect of reasonable wear and tear. In the case of difference the value shall be determined by arbitration.
ARBITRATION.
38. Every arbitration under these regulations shall be heard and determined by a Board of Arbitrators which shall in each case consist of three members and be constituted in manner following:
(i.) The Chairman of the Board shall be such Judge as the Judges may mutually
arrange.
(.) The two other members of the Board shall consist of one member to be nominated by the Governor and the other by the licensee: Provided always that the meniber nominated by the Governor may be any member of the Colonial Civil
Service.
(iii) Notice in writing of the nomination by the Governor of a member of the Bard shall be forthwith given to the licensee and shall be published in the Gazette and if he does not nominate a member of the Board within seven days from the date of such publication it shall be lawful for the Chairman to nominate and any person, other than a member of the Colonial Civil Service, on behalf of int app such owner.
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39. (1.) The constitution of any Board shall be notified in the Gazette and within 14 days from such notification it shall commence its sittings at such time and place as the Chairman may appoint.
(2.) The Governor may appoint some person to act as Clerk to a Board and the Governor in Council shall determine bis remuneration.
(3.) The remuneration of any member of a Board shall be at a rate according to the amount of work, the time occupied, and the magnitude of the interests involved, and shall be determined in each case by the Chairman at the conclusion of the arbitration: Provided! that nothing herein shall authorise the payment of remuneration to a public servant who is not permitted to receive remuneration as a member of a board.
TEMPORARY LICENCES.
40. Notwithstanding anything contained in these regulations it shall be lawful for the ilarbour Master to grant a temporary licence, subject to such conditions as he may think fit, for the maintenance of any ferry in any declared area during such period as may be required for the steps necessary for the issuing of a regular licence as contemplated by these regulations.
NON-PAYMENT OF RENT.
41. If a licensee of any ferry in respect of which rent is payable fails to pay any instal- ment of the rent when due it shall be lawful for the Governor in Council by order to declare that the powers and privileges of the licensee in respect of the said ferry shall from the late of the order be at an end and thereupon all the powers and privileges of the said licensee in respect of the said ferry shall cease and determine.
COUNCIL CHAMBER,
1917.
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Form A.
NOTICE INVITING TENDERS.
Clerk of Councils.
No. -It is hereby notified that sealed tenders in duplicate, which shall be clearly marked "Tender for Ferries", will be received at the Colonial Secretary's Office 191 for a licence for the exclusive until Noon on.........day, the.........of... maintenance of Ferry Services between Yaumati, Mong Kok Tsui and Sham Shui Po on north, and on the south such part of the coast line of the Island of Hongkong as lies between the south-western corner of Blake Pier on the cast and Belchers Point on the west.
The said licence shall be issued subject to the Regulations made by the Governor in Council from time to time under section 5 of the Ferries Ordinance, 1917.
Subject to the said Regulations the term of the licence shall be 15 years to commence from the............day of..
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191
The licensee shall provide and place in service fit and ready for use on and after the ........................tiay of..............
191..., not less than twelve ferry vessels, of which two shall be ferry vessels in reserve, (doly surveyed and licensed under section 37 of the Merchant Shipping Ordinance, 1899), of not less than 70 feet overall measurement with suitable beam and depth and a speed of not less than 9 knots, fitted with a navigation bridge and painted in such colours as the Harbour Master may direct.
Form of tender may be obtained on application at the Harbour Office.
Harbour Master.
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