12201-1909-Ordinances-passed-and-assented-to--Companies-Local-Registers-Amendment-No-20 — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, JULY 16, 1909.

9. The railway administration may for the purpose of Alteration of exercising the powers conferred on it by this Ordinance pipes wires alter the level or position of any pipe, conduit, drain, and drains. electric wire or post provided that it shall give reasonable notice of its intention to do so to the person or persons under whose control such pipe conduit drain electric wire or post is. The railway administration shall execute the work to the reasonable satisfaction of such person or persons.

10.-1.) The Governor-in-Council may authorize the Temporary railway administration in case of any slip or other accident entry upon happening or being apprehended to any cutting embank- land for re-

pairing or ment or other work under the control of the railway preventing administration to enter upon any lands adjoining its railway accident. for the purpose of repairing or preventing the accident and to do all such works as may be necessary for the purpose.

(2.) In case of necessity the railway administration may Power to enter upon the lands and do the works aforesaid without enter lands. having the previous sanction of the Governor-in-Council but in such a case shall within seventy-two hours after such entry make a report to the Governor-in-Conucil speci- fying the nature of the accident or apprehended accident and of the works necessary to be done and the power con- ferred on the railway administration by this sub-section shall cease and determine if the Governor-in-Council after considering the report considers that the exercise of the power is not necessary for the public safety,

11. The railway administration shall make and maintain Maintenance for the accommodation of the owners and occupiers of lands of crossings adjoining any railway,

bridges arches

tunnels

(a.) convenient crossings, bridges, arches, culverts, culverts

and passages over, under, or by the sides of, or passages leading to or from such railway for the purpose drains and of making good any interruptions caused by the water- railway to the use of the lands through which courses. such railway is made; and

(b.) arches, tunnels, culverts, drains, water-courses, or other passages over, or under, or by the sides of the railway for the purpose of conveying water at all times as freely from or to such lands as before the making of such railway or as nearly as may be.

Provided that :-

accomoda- tion works.

(c.) The railway administration shall not be re- Exception

quired to make any accommodation works in with such a mamer as would prevent or obstruct the regard to working or using of the railway or to make any accommodation works with respect to which the occupiers of the land have agreed to receive and have been paid compensation or to make any accommodation works with respect to which the owners or occupiers have made no representations during the time that the section of the railway affected was in course of construction,

(d.) Where the railway administration has provided Compulsion

suitable accommodation for the crossing of a to provide road or stream and the road or stream is after- other wards diverted by the act or neglect of the accommoda- person having the control thereof the railway crossing of a administration shall not be compelled to pro- road or vide other accommodation for the crossing of stream the road or stream.

tion for the

where road or stream diverted.

12. No action or suit shall be brought or maintained Limitation against the Crown or against the railway administration or of action for against any person for compensation or for any loss or compensa-

tion. damage resulting to any person by reason of the con- struction of any railway works, but if any person considers bimself to be entitled to compensation in respect of any land or property adjoining a railway or of any interest therein which has in his opinion been injuriously affected by the construction of such works he may, if no agreement has been come to between himself and the railway adminis- tration, forward to the Colonial Secretary a claim for compensation which claim shall be determined in the follow- ing manner

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