CO129-555-1 Hong Kong Tramways Ltd.- petition 10-7-1935 - 4-10-1935 — Page 59

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Taking over

and con-

nuation of

the service during

special

emergency.

62

every Ordinance amending the same or substituted therefor or the regulations in force for the time being thereunder, then and in any such case he shall direct the Inspector General of Police to serve on the Licensee a notice specifying the nature and extent of such failure and requiring the Licensee to reply and show cause in writing, within fourteen days from the date of the service of such notice, why this If the Licensee fails, licence should not be cancelled forthwith.

within fourteen days after the service of such notice, to reply and show cause why this licence should not be cancelled, or if the Governor in Council, after considering the Licensee's reply, is of the opinion that the Licensee has not shown cause why this licence should not be cancelled, the Governor in Council may issue an order cancelling the licence, and every such order shall be posted to the Licensee at his last known address and published in the Gazette. All the rights and obligations of the Licensee whose licence has been cancelled as hereinbefore provided shall cease and determine absolutely as from the date of the order of cancellation (save in so far as may affect the liability of the Licensee to pay royalty up to the date of such order), and the security required from and furnished by such Licensee shall become forfeited to the Colonial Government as from the same date :

Provided that the Governor in Council may in his discretion allow any such mitigation or reduction as he may deem fit in the matter of the forfeiture of any security.

13. In the event at any time of any special emergency, the Governor in Council being the sole judge of the occasion and duration of such emergency, the Governor in Council may direct that the Hong Kong Government shall take over the service to which this licence relates, and continue the same, with or without modification, or suspend the same, as the Governor in Council shall see fit until the emergency no longer exists.

The amount (if any) due to the Licensee consequent upon any such direction as aforesaid shall be determined by a board of arbitrators constituted in the manner provided in regulation 43 of the Regulations as to the Public Motor Vehicle Services made by the Governor in Council on the 1st October, 1925.

The duration of any such emergency and taking over shall be computed in and not deducted from the said fifteen years or any ex- tension hereof as herein mentioned.

14. Notwithstanding anything herein contained, if in the opinion of the Governor in Council the Licensee shall have failed or shall be likely to fail to make provision for the motor vehicles and/or organization requisite for conducting effectively the service to which this 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, com- pany or corporation, as may in his opinion be desirable for the com- mencement 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 provision has been made or is contemplated by the Licensee the

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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.

15. Any notice or communication to the Licensee from the Governor in Council or the Government or any Government Depart- ment shall, if posted to the Licensee at his last known address, be deemed to be duly served at the time when it ought in due course of post to be delivered at the address to which it sent.

16. The Licensee shall observe and comply with the Vehicles and Traffic Regulation Ordinance, 1912, and every Ordinance amend- ing the same or substituted therefor and also with all regulations in force for the time being thereunder.

17. The Licensee shall not transfer this licence without the Transfer of permission of the Governor in Council first granted and obtained. licence.