CO129-532-8 Proposed transfer of Government Wireless services in Hong Kong to Imperial and International Communications- Ltd.... 19-12-1930 - 19-4-1932 — Page 61

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ARTICLE 14.

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ARTICLE 19.

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The Company shall forthwith give to the Post Master General of Hong Kong notice of any interruption for a period exceeding twenty-four hours of any of its systems of communication with any place. The Government will normally receive press broadcast transmissions at its own stations but in the event of breakdowns the Company shall, if required by the Government, receive the same and hand them bver to the Government.

The Company undertakes to be answerable for and to indemnify the Govern- ment of Hong Kong against all claims of whatsoever nature arising out of this Agree- ment or the concession made thereunder.

ARTICLE 20.

ARTICLE 15.

The.Company undertakes that it will replace its alien employees in the Colony by British employees, as and when found practicable to do so and undertakes also that as regards all new appointments no person shall during the continuance of this Agreement be employed by it in the management or working of any of its stations in the Colony who is not a British subject.

ARTICLE 16.

The Company undertakes to co-operate with the Government in arranging forms of transfer of persons now in the service of the Government to the service of the Company with any such persons whom the Company desires or is willing to employ.

If the Company shall :--

(«) go into liquidation (otherwise than for the purpose of reconstruction).

or

(b) cease to carry on business, or

(c) sell, assign, underlet or dispose of its undertaking or any part thereof without the consent in writing of the Governor (which consent shall not be arbitrarily withheld in the case of an assignment to another British Company approved by the Secretary of State for the Colonies and offering sufficient guarantees for the fulfilment of the obligations of the Company under this Agreement), or

(d) in the finding of the arbitrators on any reference, have neglected or failed to provide, maintain and operate an efficient service or to per- form any other obligation under this Agreement,

then and in such event the Government may issue a notice in writing calling upon the Company to shew cause why the concession should not be cancelled forthwith. If the Company on receipt of such notice fails to satisfy the Governor in Council that it will rectify the default or neglect and that the concession should be continued the conces- sion may be cancelled by order of the Governor in Council.

ARTICLE 17.

ARTICLE 21.

The Company undertakes to keep true and particular account of and concern- ing all matters connected with the concession and will in the month of July in every year deliver to the Colonial Treasurer a statement in writing showing the number of paid words sent and the number of paid words received during the twelve months ending on the 30th of June of that year. The Company shall permit the Colonial Treasurer to inspect and take copies of or extracts from the books of account, re- ceipts papers and other documents in the possession or under the control of the Com- pany and relating wholly or in part to the subject matter of this Agreement and in the case of documents which are not kept in Hong Kong the Company shall furnish the Colonial Treasurer with certified copies of any that he may require.

Upon such cancellation all rights and privileges of the Company under this Agreement shall cease and determine forthwith and it shall be lawful but not obligatory for the Government (without prejudice to any other remedy it may have against the Company) at any time within three months after the service of such order either (a) by notice in writing to require the Company to remove forthwith all works, plant and material, with which notice the Company shall comply as soon as reasonably may be, or (b) on notice in writing to the Company in that behalf immediately to take over and purchase from the Company the undertaking of the Company.

ARTICLE 18.

ARTICLE 22.

In all its operations the Company undertakes to fulfil the Government's ob- ligations under any International Convention to which the Government is or may in the future be committed in so far as they relate to external radio-electric communi- cations and in particular to operate their service in accordance with any International Telegraph and Radio Telegraph Convention and the regulations thereunder for the time being in force.

If the Government shall elect to take over and purchase the Company's under- taking the Company shall be deemed to have sold such undertaking to the Govern- ment on the date upon which the Government shall have given notice of its intention to take over and purchase the same and the Government may thereupon enter in and upon the premises of the Company wheresoever situate in the Colony and exercise all acts of ownership over the property of the Company therein of whatsoever nature including any contractual rights and obligations and all books of account or other do- cuments used by the Company in the Colony in its undertaking.