541206-1905-Tramway-Bill — Page 7

THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.

[this]

[16.]

[17]

his behalf, or by the Promoter by virtue of this Ordinance in relation to any section of the tramway or works or in relation to any work or proceeding of such Department, Com- pany, persons or person, or with respect to the propriety of or the mode of execution of any work relating to the tram- way, or with respect to the amount of any compensation to be made by or to the Promoter or on the question whether any work is such as ought reasonably to satisfy the Depart- meut, Company, persons or person concerned, or with respect to any other subject or thing regulated by or comprised in [the] Ordinance, the matter in difference shall (unless other- wise specially provided for by this Ordinance) be settled by a special case.

[20.] If any difference arises between the Promoter on Difference the one hand and the Director of Public Works on the between other hand with respect to any interference or control Promoter

and Director exercised or claimed to be exercised by the Promoter or the of Public Director of Public Works by virtue of this Ordinance in Works, relation to [any section of] the tramway or works, or in relation to any work or procceding of the Director of Public Works, or with respect to the propriety of or the mode of execution of any work relating to the tramway, [or with respect to the cost of the maintenance or repair of any road along or across which the tramway passes,] or with respect to the amount of any compensation to be made by or to the Promoter, or on the question whether any work is such as ought to satisfy the Director of Public Works, or with respect to any other subject or thing regulated by or com- prised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by a special case.

certified fit

[21,] Neither the tramway nor any portion thereof shall be Tramway opened for public traffic until the same has been certified to not to be be fit for such traffie by the Director of Public Works or opened until other officer duly appointed in writing for that purpose by for traffic. the Governor in Council, and the Governor in Council bas, by notification in the Gazette, authorized the same to be opened for such traffic.

Cesser of Powers in certain events.

[18.] [22.] If the Promoter does not, within five years from the Cesser of commencement of this Ordinance, complete and open for powers in enblic traffic the whole of the tramway hereby authorized: certain

[19.]

or

if within one year from such commencement the con- struction of the tramway is not, in the opinion of the Governor in Council, substantially commenced; or if the construction of the tramway after it has been commenced is suspended without a reason sufficient, in the opinion of the Governor in Council, to warrant such suspension,

the powers hereby given to the Promoter for constructing the tramway shall cease to be exercised, unless the time be prolonged by the Governor in Council. As to such. portion however of the tramway as is then completed the Governor in Council may permit the said powers to continue and to be exercised if he shall think fir, but failing such permission the same shall cease to be exercised, and where such per- mission is withheld then so much of the tramway as is then completed shall be deemed to be a tramway to which all the provisions of this Ordinance relating to the discontinuance of the tramway after proof of such discontinuance shall apply and may be dealt with accordingly A notice pub- lished by the Governor in Council in the Gazette declaring that the tramway has not been completed and opened for public traffic, or that the construction of the tramway has not been substantially commenced within the time aforesaid, or that such construction has been suspended without sufficient reason, shall be conelnsive evidence for the pur- poses of this section of such non-completion, nou-commence- ment or suspension.

Insufficient User of Tramway.

events,

[23.] If at any time after the tramway shall have been Procedure for three years opened for public traffic it shall be repre- when public sented in writing to the Governor in Council by the Director not afforded of Public Works or by twenty inhabitant ratepayers of the of tramway.

full benefit Colony of Hongkong that the public are not afforded the full benefit of the tramway, the Governor in Council may (if satisfied that primâ facie the case is one for eaquiry)

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