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7.-(1) The service or services shall comprise
(a) as to a licence for the maintenance of a service for the whole Colony,
the routes set out in Schedules A, C and E to this notice,
(b) as to a licence for the maintenance of a service for the whole of the Island of Hong Kong, the routes set out in Schedule A to this notice, (c) as to a licence for the maintenance of a service for the whole of the Kowloon Peninsula, including the New Territories, the routes set out in Schedule C and E to this notice.
(2) In respect of each of the routes set forth in the said Schedules to this notice a service shall be maintained by vehicles running at intervals of not more than the number of minutes specified in the third column of the relevant Schedule during the hours specified in the third column of such schedule and having a seating capacity of the number of passengers stated in the fourth column of the said Schedule.
8. Notwithstanding anything contained in the preceding paragraph the any licence Governor in Council may at any time during the subsistence of the term of or any extension thereof require the licensee to increase, extend, curtail or otherwise vary any of the routes set out in Schedules A, C and E to this notice or any route instituted as required hereunder or to reduce the intervals between the running of vehicles on any such route or to provide on any such route vehicles of increased passenger capacity, or to institute and maintain such additional or substituted services on such routes as the Governor in Council may consider necessary.
9. The service or services to which a tender relates shall be an efficient and adequate service of motor vehicles of such number, dimensions, capacity, weight, speed, power, design, make, manufacture, origin, construction and otherwise in all respects as may be approved by the Governor in Council and as shall be necessary for the provision of the service or services specified in the relevant Schedule or Schedules to this notice: Provided that the service or services shall not commence until the licensee shall have obtained a certificate from the Inspector General of Police to the effect that in his opinion the motor vehicles and organization for the service or services are sufficient and ready to allow of such commencement.
The constructional requirements for Public Service Vehicles (Motor Omnibuses) are laid down in Government Notification No. 328 of May 30th, 1930, and such requirements or any requirements for the time being substituted therefor must be complied with.
As at present advised the Governor in Council will not approve of the use of Double Decked vehicles on roads on the Island of Hong Kong. Approval of the use of such vehicles on any road in Kowloon would be subject to the advice of the Director of Public Works as to the suitability of such road.
10. No vehicle of the licensee shall be used in or for any service until it has been approved by the Inspector General of Police and every vehicle used in or for any service shall at all times be equipped, fitted and maintained to his satisfaction and all buildings, works, materials and things used in connexion with any service shall be For the purpose of maintained in an efficient state of repair to the like satisfaction. enabling the Inspector General of Police to ensure that the provisions of this paragraph are properly carried out the licensee shall at all reasonable times allow the Inspector General of Police and any officer authorised in writing by him to inspect all vehicles, buildings, works, materials and things used in connection with the service.
11. Notwithstanding anything herein contained, if in the opinion of the Governor in Council the licensee in respect of any service shall have failed or shall be likely to
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fail to make provision for the motor vehicles and/or organization requisite for con- ducting effectively the service to which his licence relates so that such service may commence on the day whereon the same is due to commence, then and in such case the Governor in Council, without prejudice to any other right or remedy, may make such
arrangements with any
other person or persons as may in his opinion be desirable for the commencement and maintenance of an efficient service on all or any of the routes in the area affected by the licence either in substitution for or in conjunction with the licensee and for such period as the Governor in Council may think fit, and in such event no compensation shall be claimed by or payable to the licensee in respect thereof. For the purpose of enabling the Governor in Council to ascertain what pro- vision has been made or is contemplated by a licensee every licensee shall on request by the Colonial Secretary forthwith furnish to the Colonial Secretary full information as to vehicles obtained or ordered and all other matters relevant to the organization of the licensee.
Fares.
12. (1) As a guide to tenderers, and subject to consideration of tenders, the lists of fares considered reasonable as maximum fares are specified in Schedules B and D to this notice.
(2) Every tenderer must submit with his tender an itemised list of maximum fares contemplated by his tender.
Alternative lists and alternative royalties may be submitted, but at least one list must, in point of routes and sections, be in conformity with the said Schedules B and/or D.
(3) The said lists of maximum fares shall be deemed to relate to the fares to be demanded and taken during the first three years of the said period of Fifteen
years.
On the expiration of the said three years and at any time and from time to time thereafter the fares to be demanded and taken shall be the current fares prescribed by the Governor in Council and deemed by him to be fair and reasonable having regard as well to the licensee as to the general public.
(4) Where the licensed service comprises any route or section not specified in Schedule B or Schedule D, or where any route or section shall be varied, extended or added, then the maximum fare which may be demanded and taken shall be prescribed by the Governor in Council, regard being had to the maximum fares for similar routes
or sections.
(5) A licensee shall not demand or take from passengers any fare exceeding the fares stated in his licence or so prescribed as aforesaid.
(6) Nothing in this paragraph contained shall be deemed to limit the right of a licensee to issue season tickets or punch tickets covering a number of journeys.
Consideration for Licence.
13. (1) No tender shall offer any promise or consideration for the licence other than a royalty by way of percentage on the gross receipts of the service to which the tender relates.
(2) The royalty shall be paid to the Colonial Treasurer on the seventh day of each month in respect of the preceding month, and in respect of each individual month shall be ascertained and determined by reference only to the gross receipts for the month in question.
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