1964_FERRY_SERVICES_ORDINANCE — Page 8

1982 Ed.]

Ferry Services

[CAP. 104

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grantee under this section in respect of the performance of his functions as such additional director.

11. It shall be a condition of any franchise that the grantee shall not permit any alteration to its memorandum or articles of association without the approval of the Governor.

Grantee not to alter memorandum or articles without Governor's approval.

PART IV

OPERATION AND CONTROL OF FRANCHISED SERVICES

12. (1) A grantee shall, at all times during the franchise period, maintain to the satisfaction of the Commissioner a proper and efficient ferry service.

(2) Without prejudice to the generality of subsection (1), the grantee shall not be treated for any of the purposes of this Ordinance as maintaining a proper and efficient ferry service unless it provides every service authorized by its franchise or under this Ordinance and maintains and operates every such service in accord- ance with its franchise, this Ordinance and any direction, specifica- tion or requirement under its franchise or this Ordinance or under any plan in force under section 22 relating to the future operations of the grantee.

by

13. (1) Subject to this section. the Governor in Council may be notice in writing to the grantee authorize it, before the expiration of such period as may be specified in the notice, to-

(a) alter a franchised service in the manner specified in the notice, whether by way of increasing or reducing the number of points of call, or otherwise;

(b) operate a new ferry service under the franchise between

such points of call as may be specified in the notice.

(2) Where under subsection (1) the Governor in Council authorizes a grantee to operate a new ferry service, he may confer on the grantee the exclusive right to operate such service.

(3) The grantee shall operate a new ferry service or an altered franchised service authorized under this section in accordance with the authorization.

(4) The period referred to in subsection (1) shall be-

(a) in the case of a notice given under paragraph (a) thereof,

not less than 6 months; and

(b) in the case of a notice given under paragraph (b) thereof,

not less than 12 months.

(5) The Governor in Council shall not give an authorization under subsection (1) unless the grantee agrees in writing to the proposal.

Grantee to maintain proper

service.

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Alteration of services and provision of new services.