895
(4) On any alteration of the fares and charges by the Governor in Council as men- tioned in paragraph 4 (4) the royalties (if any) shall be adjusted and shall be the same percentage or percentages of the fares and charges as the percentage or percentages current during the said three years. No alteration of the fares or charges as aforesaid shall affect the fixed monthly rent or sum, or any percentage of profits to be paid by the licensee to Government. No alteration as aforesaid shall give rise to any claim by the licensee.
(5) All reasonable facilities, including inspection of books, and ticket, turnstile, weigh- ing and other records and facilities for Government checking clerks, and full and complete statements showing the computations of the royalties or percentage of profits, as the case may be, due to the Government, shall be provided by the licensee as may be required by the Colonial Treasurer.
DEPOSIT BY TENDERERS,
6. Every tenderer must deposit with the Colonial Treasurer the sum of $1,000 and - the deposit receipt must be forwarded to the Colonial Secretary with the tender. The respective deposits will be returned to the unsuccessful tenderers in accordance with the Ferries Regulations.
SECURITY.
7. The security to be furnished by the successful tenderer within fourteen days after the posting to him of notice of acceptance of his tender shall be $50,000, either in cash or approved Bank Deposit or securities as the Colonial Treasurer may direct and approve. On furnishing such security as aforesaid, but not otherwise, the deposit of $1,000 made by the successful tenderer will be returned to him.
THE FERRIES ORDINANCE AND REGULATIONS.
8. The grant of a licence to the successful tenderer is under and subject to the Ferries Ordinance, 1917, and the regulations for the time being and from time to time in force thereunder. The Ferries Regulations now in force are set out in Government Notification No. 695 in the Gazette of the 21st November, 1930; these may be seen at the Colonial Secretary's Office.
SPECIAL PROVISION.
9. 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 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 con- sequent upon any such order as aforesaid shall be determined by a board of arbitrators con- stituted in the manner provided in regulation 39 of the Ferries Regulations.
GENERAL PROVISIONS AS TO TENDERS.
10.--(1) Every tender must contain an address in the Colony to which communica- tions to the tenderer with reference to his tender may be posted.
(2) Forms of tender may be obtained on application at the Colonial Secretary's Office.
(3) The forms will include a statement as to fitness and capability of the tenderer to maintain the service; No tender will be accepted unless the tenderer represents, if an indivi- dual that he is a British subject, and if a firm or company that the majority of the partners or directorate are British subjects, and in any case that the management and the staff or an effective majority thereof to the satisfaction of the Governor in Council, are or will be British subjects; that the control will be within the Colony and essentially British; that at all times and in all circumstances (including any and every emergency) the Government
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