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THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 21, 1930.
regulations, or at any time during the subsistence 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 same without any addition in respect of goodwill, compulsory purchase, ex- pectation or possibility of renewal, or of any profits which might have been made from the undertaking: Provided that if such notice is given during the subsistence of the li- cence, the amount payable for the ferry vessels, materials, plant, and equipment shall be not less than the original value of the same when acquired by the licensee less an allowance is respect of reasonable wear and tear. In the case of difference, the value shall be determined by arbitration.
ARBITRATION.
39. Every arbitration under these regulations shall be heard and determined by a board of arbitrators which shall in each case consist of three members and be constituted in manner following:-
(i.) The chairman of the board shall be such judge as the judges may mutu-
ally arrange.
(i.) The two other members of the board shall consist of one member to be nominated by the Governor and the other by the licensee: Provided always that the member nominated by the Governor may be any mem- ber of the Colonial Civil Service.
(iii) Notice in writing of the nomination by the Governor of a member of the board shall be forthwith given to the licensee and shall be published in the Gazette, and if he does not nominate a member of the board within seven days from the date of such publication, it shall be lawful for the chairman to nominate and appoint any person, other than a member of the Colonial Civil Service, on behalf of such owner.
40.--(1.) The constitution of any board shall be notified in the Gazette and within 14 days from such notification it shall commence its sittings at such time and place as the chairman may appoint.
(2.) The Governor may appoint some person to act as clerk to a board and the Governor in Council shall determine his remuneration.
(3.) The remuneration of any member of a board shall be at a rate according to the amount of work, the time occupied, and the magnitude of the interests involved, and shall be determined in each case by the chairman at the conclusion of the arbitra- tion: Provided that nothing herein shall authorise the payment of remuneration to a pub- lie servant who is not permitted to receive remuneration as a member of a board.
TEMPORARY LICENCES.
41. Notwithstanding anything contained in these regulations, it shall be lawful for the Harbour Master to grant a temporary licence, subject to such conditions as he may think fit, for the maintenance of any ferry during such period as may be required for the steps necessary for the issuing of a regular licence as contemplated by these re- gulations.
NON-PAYMENT OF RENT OR ROYALTY.
42. If a licensee of any ferry, in respect of which rent or royalty is payable, fails to pay any instalment of the rent or royalty when due, it shall be lawful for the Governor in Council by order to declare that the powers and privileges of the licensee in respect of the said ferry shall, upon a date specified in the said order, cease and determine; and all the said powers and privileges of the said licensee shall absolutely cease and determine at midnight on the said date.
COUNCIL CHAMBER,
20th November, 1930.
D. W. TRATMAN,
Clerk of Councils.
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