CO129-555-1 Hong Kong Tramways Ltd.- petition 10-7-1935 - 4-10-1935 — Page 82

127

12P

No. 10 of 1902.

19

18

Penalty for

power con- trary to Ordinance.

No. 10 of 1902.

TRAMWAY.

thereon, and the Governor may (after receiving from the company and considering its report on the matter) by order prohibit the use of such car wires or machinery as may be determined to be unsafe or unfit for use.

any

35. The company or any person using electric power on using electric the tramway contrary to the provisions of this Ordinance, or to any of the rules set forth in Schedule A, or to any rule added thereto or substituted therefor as aforesaid, shall be Schedule A. subject to a fine not exceeding twenty-five dollars, and also in the case of a continuing offence to a further fine not exceeding ten dollars for every day after the first during which such offence continues.

Rules.

t

*

Rules,

36. (1) Subject to the provisions of this Ordinance, it shall be lawful for the Governor in Council to make rules for any of the following purposes :-

(a) for regulating the working of the tramway;

(b) for regulating the use of the warning apparatus affixed to the cars;

(c) for providing that the cars shall be brought to a stand at such places and in such cases of impending danger as the Governor in Council may deem proper for securing safety;

(d) for regulating the entrance to, exit from, and accom- modation in the cars, and the protection of passengers from the machinery of any car used on the tramway;

Provided

(e) for regulating the rate of speed of the cars : that the speed as regards Sections Nos. 1, 2, 3, 4 and 5 shall not (unless another rate be authorised by the Governor in Council under the authority of this paragraph) exceed the rate of 15 miles an hour, and, as regards Sections Nos. 6 and 7, shall not exceed the rate of 20 miles an hour, and that no cars may pass through movable facing points at a pace exceeding the rate of 4 miles an hour;

(f) for the stopping of cars using the tramway;

(g) for providing for the due publicity of all rules relating to the tramway by exhibition thereof in conspicuous places; and

* As amended by Law Rev. Ord., 1924.

† As amended by No. 34 of 1915 and Law Rev. Ord., 1924.

TRAMWAY.

(h) for providing for the safety of the public in all cases in which it shall appear to the Governor in Council that such safety is, or is likely to be, endangered or imperilled.

(2) Subject to the provisions of this Ordinance and to its furnishing to the Governor in Council a true copy of every rule which it proposes to make one month at least before the same is made, or such period less than one month as the Governor in Council may agree to, it shall be lawful for the company to make rules-

(a) for preventing the commission of any nuisance in or upon any car or in or against any premises belonging to the

company; and

(b) for regulating the travelling in or upon any car belonging to the company.

(3) Rules made by the Governor in Council or by the company shall come into operation one month after their publication in the Gazette, or within such shorter period after their publication in the Gazette as the Governor in Council may order.

be imposed in rules.

37. Any such rule may impose fines for offences against Penalties may the same not exceeding ten dollars for each offence, with or without further penalties for continuing offences not exceeding for any continuing offence five dollars for every day during which the offence continues.

Wheels and width of cars.

38. The company may use on the tramway cars with Wheels and flange-wheels, or wheels suitable only to run on the rails of width of cars. the tramway, and, subject to this Ordinance, the company shall have the exclusive use of the tramway for cars with flange-wheels or other wheels suitable only to run on the said rails, and no car used on the tramway shall exceed six feet and six inches in width.

Power to sell.

39. Subject to the approval of the Governor in Council, Power to sell. the company may sell or assign the whole of its undertaking to such person, by public auction or private contract, or partly by public auction and partly by private contract, and with, under and subject to such terms and conditions in all respects, as the company shall think fit, with power at any