1982 Ed.]
Ferry Services
[CAP. 104
15
(6) A grantee shall not be entitled to compensation in respect of the revocation of a right or franchise under this section.
26. (1) Where a franchise is revoked under section 25, the Government may take possession of any property used or kept by a grantee for the purposes of or in connection with the operation of any ferry service under the franchise so revoked, and such property may be used by the Government, or its nominee, in the operation of such ferry service as the Commissioner thinks fit.
(2) Any property of which possession is taken under subsection (1) may be retained by the Government for such initial period, not exceeding 2 years, as the Governor in Council may direct, and such period may be extended by resolution of the Legislative Council for further successive periods not exceeding 6 months each.
(3) At any time during or upon the expiration of the period, including any extension thereof, referred to in subsection (2), any property of which possession is taken under subsection (1) may be returned to the grantee of the revoked franchise or otherwise disposed of in such manner and upon such terms as the Governor in Council thinks fit, and where any property is disposed of otherwise than by return, the owner shall be entitled to compensation to the extent that the property is not replaced or otherwise compensated for.
(4) Where possession is taken under subsection (1) of any property, the owner shall be entitled to compensation for the use or loss of or damage to such property.
(5) In calculating the amount of compensation payable under subsection (4), the amount of any compensation payable under section 24(3) shall be deducted from such amount.
(6) In this section, "property used or kept by a grantee for the purposes of or in connection with the operation of any ferry service" includes property so used or kept which is also used or kept for any other purposes.
27. (1) If the Government and an owner are unable to agree as to the amount of compensation payable under this Part, either party may refer the matter to arbitration under the Arbitration Ordinance.
(2) In determining the amount of compensation payable, an arbitrator shall have regard to any matter he considers relevant, subject to this Ordinance and to the value of any asset taken over in the operation of a ferry service.
PART VI
FERRY SERVICE LICENCES
Temporary taking by Government of property where franchise has been revoked.
Arbitration.
(Cap. 341)
28. (1) Subject to this Ordinance, the Commissioner may, if he thinks fit, grant to any person a licence to operate a ferry service between such points as are specified in the licence.
1982 Ed.]
Ferry Services
[CAP. 104
15
(6) A grantee shall not be entitled to compensation in respect of the revocation of a right or franchise under this section.
26. (1) where a franchise is revoked under section 25 the Government may take possession of any property used or kept by a grantee for the purposes of or in connexion with the operation of any ferry service under the franchise so revoked and such property may be used by the Government, or its nominee, in the operation of such ferry service as the Commissioner thinks fit.
(2) Any property of which possession is taken under subsec- tion (1) may be retained by the Government for such initial period, not exceeding 2 years, as the Governor in Council may direct and such period may be extended by resolution of the Legislative Council for further successive periods not exceeding 6 months each.
(3) At any time during or upon the expiration of the period, including any extension thereof, referred to in subsection (2), any property of which possession is taken under subsection (1) may be returned to the grantee of the revoked franchise or otherwise disposed of in such manner and upon such terms as the Governor in Council thinks fit and where any property is disposed of otherwise than by return the owner shall be entitled to compensation to the extent that the property is not replaced or otherwise compensated for.
(4) Where possession is taken under subsection (1) of any property, the owner shall be entitled to compensation for the use or loss of or damage to such property.
(5) In calculating the amount of compensation payable under subsection (4), the amount of any compensation payable under section 24(3) shall be deducted from such amount.
(6) In this section "property used or kept by a grantee for the purposes of or in connexion with the operation of any ferry service” includes property so used or kept which is also used or kept for any other purposes.
27. (1) If the Government and an owner are unable to agree as to the amount of compensation payable under this Part, either party may refer the matter to arbitration under the Arbitration Ordinance.
(2) In determining the amount of compensation payable an arbitrator shall have regard to any matter he considers relevant, subject to this Ordinance and to the value of any asset taken over in the operation of a ferry service.
PART VI
FERRY SERVICE LICENCES
Temporary taking by Government of
property where franchise has been revoked.
Arbitration.
(Cap. 341)
28. (1) Subject to this Ordinance, the Commissioner may if Grant of licence. he thinks fit grant to any person a licence to operate a ferry service
between such points as are specified in the licence.
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