CAP. 269]
Telephone
(1989 Ed.
(4) Upon any such taking over and purchase and at all times thereafter the company shall on demand execute and do all such assurances and things as may be reasonably required by the Government for assuring and vesting the undertaking in the Government or as it may direct.
(5) The undertaking so taken over as aforesaid shall as soon as reasonably possible be paid for by the Government in accordance with the then condition and value thereof.
(6) Upon any such taking over the Government shall not be compelled to purchase any plant, apparatus, machinery or any other property whatsoever of the company which is then obsolete or unserviceable.
(7) Upon any such taking over nothing shall be paid for or allowed in respect of the goodwill of the company's undertaking or for any loss of estimated profits resultant on such taking over, or for any profits whatever except up to and including the date of such taking over.
(8) The Government shall pay to the company interest at the rate of 8 per cent per annum upon the amount of the purchase money from the date of taking over until the date of payment.
35. Concession is not transferable and is exclusive
The concession is personal to the company, and the company shall not, without the previous written consent of the Governor in Council, assign, transfer, mortgage, charge, lease or otherwise dispose of the concession or the benefit thereof or of any part thereof or of its undertaking or any part thereof to any other person or grant any sub-licence in respect of the concession; and the Government shall not during the continuance of the concession permit any person other than the company to place or maintain telephone lines or telephone wires or cables within the Colony or the waters thereof, except in the case of the following telephone lines, namely-
(a) all telephone lines whatsoever which were bona fide in operation on 26 June 1925;
(b) such telephone lines as may be constructed or maintained by the Government or by Her Majesty's Government in the United Kingdom;
(c) telephone lines constructed or maintained by Cable and Wireless (Hong Kong) Limited, in accordance with its agreement with or any licence from the Government or Her Majesty's Government in the United Kingdom or any modification or renewal thereof; and (Amended 70 of 1981 s. 5)
(d) such telephone lines as may be installed and maintained by any person solely for the private use of such person in his business: Provided that it shall be lawful for the Governor in Council or such person as he may authorize in that behalf, at any time during the 5 years preceding the
Page 16
14
CAP. 269]
Telephone
(1989 Ed.
(4) Upon any such taking over and purchase and at all times thereafter the company shall on demand execute and do all such assurances and things as may be reasonably required by the Government for assuring and vesting the undertaking in the Government or as it may direct.
(5) The undertaking so taken over as aforesaid shall as soon as reasonably possible be paid for by the Government in accordance with the then condition and value thereof.
(6) Upon any such taking over the Government shall not be compelled to purchase any plant, apparatus, machinery or any other property whatsoever of the company which is then obsolete or unserviceable.
(7) Upon any such taking over nothing shall be paid for or allowed in respect of the goodwill of the company's undertaking or for any loss of estimated profits resultant on such taking over, or for any profits whatever except up to and including the date of such taking over.
(8) The Government shall pay to the company interest at the rate of 8 per cent per annum upon the amount of the purchase money from the date of taking over until the date of payment.
35. Concession is not transferable and is exclusive
The concession is personal to the company, and the company shall not, without the previous written consent of the Governor in Council, assign, transfer, mortgage, charge, lease or otherwise dispose of the concession or the benefit thereof or of any part thereof or of its undertaking or any part thereof to any other person or grant any sub-licence in respect of the concession; and the Government shall not during the continuance of the concession permit any person other than the company to place or maintain telephone lines or telephone wires or cables within the Colony or the waters thereof, except in the case of the following telephone lines, namely-
(a) all telephone lines whatsoever which were bona fide in operation
on 26 June 1925;
(b) such telephone lines as may be constructed or maintained by the Government or by Her Majesty's Government in the United Kingdom;
(c) telephone lines constructed or maintained by Cable and Wireless (Hong Kong) Limited, in accordance with its agreement with or any licence from the Government or Her Majesty's Government in the United Kingdom or any modification or renewal thereof; and (Amended 70 of 1981 s. 5)
(d) such telephone lines as may be installed and maintained by any
person solely for the private use of such person in his business: Provided that it shall be lawful for the Governor in Council or such person as he may authorize in that behalf, at any time during the 5 years preceding the
1Page 16
1989 Ed.]
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