1967 Ed.]
Emergency (Principal) Regulations.
[CAP. 241
and had been declared under such paragraph (1) to be a controlled undertaking and sub-paragraphs (b) and (c) of that paragraph shall apply accordingly.
(3) Where the right to make charges in connexion with the carrying on of any undertaking with respect to which an order may be made under this regulation is limited by law, any order so made in relation to that undertaking may authorize the undertakers to make in that connexion charges in excess of, or in addition to, or otherwise varying from, those which they would otherwise be authorized to make.
(4) A competent authority, if it appears to that authority to be necessary so to do in the public interest, may, subject to any general or special instructions of the Governor, carry on the whole or any part of any existing undertaking, or may authorize any person to carry on the whole or any part of any existing undertaking, in accordance with any instructions of the competent authority; and while by virtue of this paragraph a competent authority or a person so authorized is carrying on the whole or any part of any undertaking-
(a) the said authority or person shall be deemed to be acting as the agent of the undertakers, except that the undertakers shall not have any right to control the carrying on of the undertaking or part of the undertaking; and
(b) the undertakers shall not be bound, or, as the case may be, shall not in respect of such matters as may be specified by order of the competent authority be bound, by any obligation or limitation imposed on the undertakers by or by virtue of any Ordinance or other instrument determining their functions.
(5) A competent authority may, to such extent and subject to such restrictions as it thinks proper, delegate all or any of its functions under this regulation to any specified persons or class of persons.
(6) For the avoidance of doubt, it is hereby declared that the powers conferred by this regulation may be exercised as respects any undertaking whether or not the undertaking has been declared to be a controlled undertaking and that paragraph (2) authorizes the making of any such orders or the giving of any such directions as are therein mentioned in relation to any undertaking, notwithstanding that the undertaking is being carried on under paragraph (4) by a person authorized in that behalf by the competent authority. The powers contained in paragraph (1) of regulating or prohibiting the movement of articles shall include the power to regulate and prohibit the importation and exportation of articles into and out of the Colony.
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[Subsidiary]
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Page 56
1967 Ed.]
Emergency (Principal) Regulations.
[CAP. 241
and had been declared under such paragraph (1) to be a con- trolled undertaking and sub-paragraphs (b) and (c) of that para- graph shall apply accordingly.
(3) Where the right to make charges in connexion with the carrying on of any undertaking with respect to which an order may be made under this regulation is limited by law, any order so made in relation to that undertaking may authorize the under- takers to make in that connexion charges in excess of, or in addition to, or otherwise varying from, those which they would otherwise be authorized to make.
(4) A competent authority, if it appears to that authority to be necessary so to do in the public interest, may, subject to any general or special instructions of the Governor, carry on the whole or any part of any existing undertaking, or may authorize any person to carry on the whole or any part of any existing undertaking, in accordance with any instructions of the competent authority; and while by virtue of this paragraph a competent authority or a person so authorized is carrying on the whole or any part of any undertaking-
(a) the said authority or person shall be deemed to be acting as the agent of the undertakers, except that the undertakers shall not have any right to control the carrying on of the undertaking or part of the under- taking; and
(b) the undertakers shall not be bound, or, as the case may be, shall not in respect of such matters as may be speci- fied by order of the competent authority be bound, by any obligation or limitation imposed on the undertakers by or by virtue of any Ordinance or other instrument determining their functions.
(5) A competent authority may, to such extent and subject to such restrictions as it thinks proper, delegate all or any of its functions under this regulation to any specified persons or class of persons.
(6) For the avoidance of doubt, it is hereby declared that the powers conferred by this regulation may be exercised as respects any undertaking whether or not the undertaking has been de- clared to be a controlled undertaking and that paragraph (2) authorizes the making of any such orders or the giving of any such directions as are therein mentioned in relation to any under- taking, notwithstanding that the undertaking is being carried on under paragraph (4) by a person authorized in that behalf by the competent authority. The powers contained in paragraph (1) of regulating or prohibiting the movement of articles shall include the power to regulate and prohibit the importation and exporta- tion of articles into and out of the Colony.
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[Subsidiary]
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