541206-1905-Tramway-Bill — Page 9

THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.

to the same provisions as to the payment of the costs of such removal and to the same remedy for recovery of such costs in every respect as in cases of removal under the immediately preceding section,

Purchase of Tramway.

tramway.

[23] [27.] The Governor in Commeil may at the expiration of Purchase [twenty-one] [one hundred and fifty] years from the date of the commen-

by Govern- ment of cement of this Ordinance, or at the expiration of any sub- [seern] sequent period of [five] years, or at the expiration of three mouths after the making of any order by the Governor in Council under either of the two immediately preceding sections, on giving to the Promoter a notice in writing of the intention of the Governor in Council so to do in manner following, that is to say :-

[twenty-one]

[seren]

(a.) at least six months' notice prior to the expiration

of such [one hunderd and fifty] years :

(b.) at least six months' notice prior to the expiration

of any such subsequent period of [five] years; (c.) at least two months' notice prior to the expiration

of such three months,

require the Promoter to sell anil thereupon the Promoter shall sell to the Government his undertaking, and all lands, building, works, materials and plant of the Promoter snita- ble to and used by the Promoter for the purposes of his un- dertaking, for and in consideration of the then value of the same. Provided that the value aforesaid shall be deemed to be the fair value at the time of the purchase, due regard being had to the cost of construction less depreciation, and to the then nature, condition and state of repair of the build- ings, works, materials and plaut, and to the fact that they are in such a condition and state of repair as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking, but without any addi- tion in respect of compulsory purchase, or of goodwill, or of any profits which might have been made from the under- taking or of any similar cousiderations. In case of differ- ence, such value as aforesaid shall be determined by a special case. When any such sale has been made and completed all the rights, powers and authorities of the Promoter in respect of the premises sold, or, where any order has been made by the Governor in Council under either of the two immediately preceding sections, all the rights, powers and authorities of the Promoter previous to the making of such order in respect of the premises sold shall be transferred to and vested in and may be exercised by the Governinent.

[or by such other menus as may be approved by the Governor in Council.]

Motive Power.

cars.

[24] [28] The cars used on the tramway may, subject to Motive

the provisions of this Ordinance, be moved by means of a power of stationary steam engine, [or stationary steam engines,] or by electrical power conveyed by wires to stationary ma- chinery actuated by dynamos, and steel-wire rope [or ropes.] Provided always that the exercise of the powers by this section conferred shall be subject to any rules which the Governor in Council may make from time to time as and when he may think fit, for securing to the public all rea- sonable protection against danger in the exercise of the powers hereby conferred with respect to the use of the tramway.

[25] [29.] Every car used on the tramway shall be so con- Construe-

structed as to provide for the safety of passengers and for tion of ears, their safe entrance to and exit from and accommodation in such ear and their protection from the machinery used for drawing or propelling such car.

[26.] [30.] The Director of Public Works, or any [officer or Powers to [person] officers] appointed [for that purpose by the Governor in Authorities [by him Council in writing,] may, from time to time, inspect any to inspect

car used on the tramway, and any wires, ropes or machinery cars, etc. of the Promoter and report thereon, and the Governor iu Council may [(after receiving from the Promoter and con- sidering his report on the matter)] by order prohibit the use of any such car, wires, ropes or machinery as may be determined to be unsafe or unfit for use.

[thereafter]

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