56250-1918-Ferries-Regulations — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, MAY 31, 1918.

INSUFFICIENT USER OF A FERRY.

30. If it shall be represented in writing to the Governor in Council by the Harbour Master or by 50 inhabitant rate-payers that the public are not afforded the full benefit of a ferry, the Governor in Council may (if satisfied that prima facie the case is one for enquiry) appoint a person to enquire into the matter and report thereon, and if the truth of the representation shall be proved the Governor in Council may issue an order to the licenseo requiring him to provide such a service as will afford to the public the full benefit of the ferry and such order may prescribe the number of ferry vessels which the licensee shall run and the times at which they shall be run. Every such order shall be posted to the licensee at his last known address and published in the Gazette: Provided that the Governor in Council shall before issuing any such order be satisfied that under good and economical management the prescribed service will be fairly remunerative to the licensee; and that, after the licensee shall have complied with such order for not less than 30 days the Governor in Council may on the application of the licensee revoke or modify any such order.

31. If for the period of three months after the posting of such order and its publica- tion in the Gazette the licensee shall fail or neglect to comply therewith the ferry shall be deemed to have been discontinued and shall be dealt with accordingly.

DISCONTINUANCE OF A FERRY,

32.--(1.) If in the opinion of the Governor in Council the licensee shall have discon- tinued the working of the ferry or any part thereof for a period of fourteen days the Governor in Council may by order declare that the powers and privileges of the licensee in respect of the ferry or part thereof so discontinued shall from the date of the order be at an end and thereupon all the powers and privileges of the said license in respect of the said ferry or part thereof shall cease and deterinine.

(2.) If in the opinion of the Governor in Council the licensee shall have discontinued the working of the ferry or any part thereof for any period whatsoever it shall be lawful for the Governor in Council notwithstanding the existence of such licence to make such arrange- ments as he may think fit in the public interest for the temporary maintenance of such ferry or part thereof.

(3.) Any net loss incurred by or on behalf of the Government in consequence of the making of any such arrangement as is contemplated in paragraph (2) of this regulation shall be recoverable by the Government from the licensee.

(4.) The fact that any such arrangement as is contemplated in paragraph (2) of this regulation has been made shall not prevent the running of the period of fourteen days referred to in paragraph (1) of this regulation.

(5.) This regulation shall not apply to any discontinuance which in the opinion of the Governor in Council is due to circumstances beyond the control of the licensee, but the want of sufficient funds shall not for the purpose of this regulation be deemed to be a circumstance beyond the control of the licensee.

INSOLVENCY OF THE LICENSEE.

33. If it appears to the Governor in Council that the licensee is insolvent so that he is unable to maintain his ferry or any part thereof or to work the same with advantage to the public, the Governor in Council may enquire into the financial affairs of the licensee and if satisfied that the licensee is so insolvent as aforesaid may by order declare that the powers and privileges of the licensee shall at the expiration of three months from the making of the order be at an end and the powers and privileges of the licensed shall cease and deter- mine at the expiration of the said period.

PURCHASE OF FERRIES.

34. The Governor in Council may, at the expiration of the term of the licence, or on the determination of the powers and privileges of the licensee under the foregoing regula- tions, or at any time during the term of the licence on giving six months notice in the Gazette, require the licensee to sell and thereupon the licensee shall sell to the Government his undertaking and all ferry vessels, materials, plant, and equipment suitable to and used by the licensee for the undertaking for and in consideration of the then value of the

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