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3
Registration
and Articles
of the
Comparty.
Number and residence of Directors.
Authorised capital of Company.
Restriction
4. The Company shall be and remain registered under the Companies Ordinance, 1911, and its Memorandum and first Articles of Association shall be approved by the Governor in Council and neither its memorandum nor any of its Articles of Association shall, at any time, be amended or added to in any way, except with the previous. consent in writing of the Governor in Commeil.
5. The Directors of the Company shall be not less than four and not more than eight in number, and all the Direct- ors shall be bona fide resident in Hongkong.
6. (1) The capital of the company shall be $5,000,000 divided into 500,000 shares of $10 each, and the Company shall not, except with the previous consent of the Legisla- tive Council, make any further issue of shares or otherwise save as in this Ordinance provided in any manner what- ever increase the moneys employed in the company's under- taking beyond the sum of $5,000,000.
(2) The Company shall not issue any debentures or on borrowing. horrow on mortgage except with the consent of the
Legislative Council,
Payinent 15 7. The Company shall pay to the Treasurer, as ¿ Government. Royalty for the concession, on the 1st day of July in every year during the aforesaid period of fifty years, commencing on the 1st day of July, 1926, the sum of $4 iu respect of each direct exchange line telephone which has been used and paid for during the whole previous twelve mouths by a subscriber. In cases where direct exchange line telephones have been used and paid for by subscribers for periods of less than twelve months prior to the 1st day of July in each year, the amount of royalty to be paid by the Com- pany shall be $1 for each direct exchange line telephone for each period of three months or less during which such telephone has been used and paid for by a subscriber.
Power to execute works.
Minimum of
damage to
be clone.
Compensa
tion to be
paid,
8. Subject to the consent in writing of the Director and subject also to the restrictions and provisions bereiu- after contained and to such further conditions as the Director may in any particular case impose or prescribe, the Company may execute works as follows:--
(a) I may place and maintain telephone lines and cables and ducts under any public street and may alter or remove the same:
(4) It may place and maintain telephone lines and cables over, along or across any public street and may place and maintain posts in or upon any public street and may alter or remove the samo: (c) It may, for the purposes aforesaid, open or break
up any public street:
(d) It may place and maintain telephone lines and cables and posts nuder, in, upon, over, along or across any unleased Crown Laud or any estuary or brauch of the sea or the shore or bed of any tidal waters within the boundaries of the Colony (but so that the same shall not hinder or interfere with navigation) and may alter or remove the
same!
(e) It may place and maintain telephone lines and cables under, in, upon, over, along, or across rail- way tracks, tunnels and other railway property belonging to the Government (but so that the me hall not hinder or interfere with the railway traffic) and may alter or remove the
sume.
Provided always that the Company shall not be deemed to acquire any right other than that of user only in the soil of any street, or unleased Crown Land or any other place under, in, upon, over, along or across which the Company places or maintains any works.
9. In the exercise of the authority conferred under section 8 the Company shall do as little damage as may be, and shall make full reasonable compensation for all damage caused by reason of or in cousequence of the exercise of auch authority.
[
10. The Government agrees to provide to the Company, Government at the Company's expeuse, sites, to be approved of by the to provide Governor in Council, for subtuarine cable terminal houses facilities. at suitable points within the Colony, and suitable sites, to be approved of by the Governor in Council, for the Company's submarine cable storage tanks.
The Government shall also provide, free of cost to the Company, a suitable reserve or suitable reserves, in which vessels and craft may not anchor, for submarine cables of the Company, such reserve or reserves to be approvel of
by the Governor in Council.
11. The depth, course and position at and in which any Depth, course telephone lines or cables, posts, inspection pits or any sad position other works are to be placcil shall be determined by the of works. Director.
12. Every wire placed or maintained by the Company, Wires to be either overhead or underground, shall, subject to the provi- on metallic sions of section 25, be on the principle of a metallic return return otherwise called the Donblo Wire System.
principle.
13. Every underground tube, casing, wire, or cable of Marking of the Company, hereafter placed or laid or relaid by the future Company, shall be so marked by the Company throughout underground its course as to distinguish it from the tubes, casings, pipes, wires, or cables of every other person.
apparatus.
14. Every post of the Company shall be of a pattern, Posts to be design and material which is approved by the Director.
of approved design and material.
15. No wire, stay, bracket, insulator or other thing Restriction whatsoever shall be attached to any Government building on attach- except with the previous conscat in writing of the Director st or to any tree except with the previous consent in writing Buildings or
Public
of the Superinten leut of the Botanical and Forestry to trees. Department, and the Company shall not without the like. consent of the said Superiuteuleut lop, top or fell any tree
or shrub.
16. (a) Every post of the Company shall be marked Posts to bear by the Company with a distinguishing mark painted or distinguish- otherwise legibly marked upon it, and the Company shall ing marks at all times maintain such marks in a legible condition,
and reference plans to be
(6) The Company shall forthwith cause a plan to be supplied. made of the area of operation and shall cause to be marked thereon the alignment of all its then existing lines, street distributing boxes, posts and other works, and shull once in every year cause that plan to be duly corrected so as to show the lines, street distributing boxes, posts and other works for the time being in position.
(c) Every such plan shall be drawn to such surle as the Director may require, provided however that no particular scale shall be required unless maps of the locality on that scale are for the time being available to the public or to the Company.
(d) Every plan so made or corrected or a copy thereof marked with the date when it was so mudo or corrected shall be kept by the Company at its principal office or place of business within the area of operation, and shuil at all reasonable times be open to the inspection of all applicants.
(e) The Company shall if required by the Director supply, free of charge, to the Director a copy of every such pian, duly corrected so as to agree with the original kept at the principal office or place of business of the Company.
17. Every overhead wire or cable in any main thorough, Overbond fare shall be carried at a height of not less than eighteen wires to be
carried at foet above the ground except with the previous cousent height of at in writing of the Director.
least 18 feet.
18. Every telephone line shall be maintained in a safe Telephone condition as regards both electrical nud mechanical lines be maintained in safe
conditions.
con-lition.
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