PEAK TRAMWAY ORDINANCE, 1883

PEAK TRAMWAY ORDINANCE, 1883

No. 2 of 1883.

An Ordinance for authorising the construction of the Peak
Tramway. [3rd November, 1883.]

1. This Ordinance may be cited as Peak Tramway Ordi-
nance, 1883.

2. In this Ordinance,
(a) Carriage includes all carriages, cars, and trucks
used upon the tramway.

(b) The company means the persons to whom the
promoters of the undertaking have assigned, with the assent
of the Governor in Council, their reights and privileges in
connection with the construction of the tramway.

(c) The works or the undertaking means the works
or undertaking of whatever ntaure which by this Ordinance
are or is authorised to be executed.

3.-(1) The company may construct and maintain, subject
to the provisions of this Ordinance and in accordance with
the plan which has been deposited as hereinafter mentioned,
the tramway hereinafter described, with all property stations,
crossings, passing places, sidings, junctions, rails, turn-table
plates, offices, weigh-brdges, sheds, works, and conveniences
connected therewith or for the purposes thereof, and may
work and use the same.

* As amended by Law Rev. Ord., 1923.

































(2) the tramway authorised by this Ordinance is a partly
single and partly double line, commencing on the south side
of the south-west boundary of the War Department land at
its junction with Garden Road, thence passing in a southeerly
direction up the hillside to Victoria Gap, crossing over Ken-
nedy and Plantation Roads by means of bridges, and
terminating at Victoria Gap, at a point on the north side of
Farm Lot No. 53: Provided that such alterations as the
company may think fit may be made in the position of the
rail-tracks of the tramway as shown on the plan thereof
deposited by the company in the Public Works Office, so long
as they are within the limits of deviation shown on the said
plan.

4. Subject to the approval of the Governor in Council,
the company may alter the levels of the ground on which the
trammway is laid, make and construct all necessary cuttings
and embankements, bridges, viaducts, culverts, catch- water
drains, and other works, and divert streams: Provided always
that the earth excavated and thrown to waste is disposed of
in such manner as to prevent its being washed down by rain
into the harbour.

5. Subject to the approval of he governor in Council,
after timely and adequate notification by public advertisement
or otherwise of the intention of the company to apply for
such approval, the company may construct and maintain,
subject to the provisions of this Ordinance and in accordance
with plans to be previously depostied in the Public Works
Office, all such crossings, passing places, sidings, juncitions,
turn-tables, and othe works in addition to those particularly
specified in and authorised by this Ordinance as may be
approved by the governor in Council, and may work and
use the same.

6. The tramway shall be constructed on a gauge not
exceeding five feet in width, and with steel rails, which shall,
before being laid down, be approved by the Director of
Public Works.

7.-(1) Where the tramway, or any work connected
therewith, interfers with any sewer, drain, watercourse, or
subway, or in any way affects the sewerage or drainage of
the Colony, the company shall not commence such tramway




































or work until it has given to the Director of Public Works
fourteen days notice in writing of its intention to do so
together with all necessary particulars relating thereto, nor
until the said Director has signified his approval of the same,
unless he does not signify his approval, disapproval, or other
directions within fourteen days after service of the sald notice
and particulars.

(2) The company shall comply with the directions of the
Director of Public Works in tho execution of the said works
and shall provide by new, altered, or substituted works, in
such manner as he may require,, for the proper protection of,
and for preventing injury or impediment to, the sewers and
works hereinbefore referred to by or by reason of the tramway,
and shall save harmless the said Director against the expense
occasioned

(3) All such works shall be done by or under the super-
intedence, of the said Director, at the cost and expense of
the company.

When any new, altered, or substituted work is com-
pleted, the same shall thereafter be as completely under the
control of the said Director, and be maintained by him, as
any othersewers or works.

8. If any difference arises between the comnpany, and the
Director of Public Works with respect to any interference or
control exercised or claimed to be exercised by the company,
or the Director, by virtue of this Ordinance, in relation to
the tramway or any work, or in relation to any work or
proceeding of the said Director, or with respect to the
propriety or the mode of execution of any work relating to
the trmway, or on the question whether any work is such
as ought to satisfy the said Direcior, ot with respect to any
other subject or thing, regulated by or comprised in this
Ordinance, the matter in difference shall (unless otherwise
specially provided, for by this Ordinance) be settled by the
Governor in Council, on the application of eitlier party.

9. The tramway shall not be opened for public trallic until
the same has been certified to be fit for such traffic by the
Director of Public Works, and the Governor in Council has,
by notification in the Gazette, authorised the same to be
opened for such traffic.


10.-(1) If the company discontinues the working of the
tramway or of any part thereof for the space of six months,
(such discontinuance not being occasioned by circumstances
beyond the control of the company, the want of sufficient
funds not being considered a circumstance beyond its control),
the Governor in Council may, by order, declare that the
powers of the company in respect of such tramway, or the
part thereof so discontinued, shall, from the date of such
order, be at an end, and thereupon the said powers of the
company shall cease and determine, unless the tramway is
purchased by the Government in the manner provided by
the Ordinance.

(2) Where any such order has been made, the Director of
Public Works may, at any time after the espiration of two
months from the date of such order, under the authority of a
certificate to that effect, remove the tramway or part of the
tramway so discontinued, and the company shall pay teh cost
of such removal which shall be certified by the said Director,
and the certificate shall be final and conclusive.

(3) If the company fails to pay the amount so ceertified
within two months after delivery of such certificate or a true
copy thereof, the said Director may, without previous notice
to the company (but without prejudice to any other remedy
which he may have for the recovery of the amount), sell and
dispose of the materials so removed, either by public auction
or private sale, and for such sum and to such person as he
may think fit, and may, out of the proceeds of such sale,
reimburse himself the amount of the cost certified as aforesaid
and of the cost of sale, and the balance, if any, shall be paid
to the company.

11. if is appears to the Governor in Council that the com-
pany is insolvent, so that it is unable to maintain such
tramway or work the same with advatage to the public, the
Governor in Council may inquire into the financial affairs of
the company, and if it appears that the company is so in-
solvent as aforesaid, he may, by order, declare that the
powers of the company shall, at the expiration of six months
from the making of the order, be at an end, and the powers
of the company shall cease and determine at the expiration
of the said period, unless the tramway is purchased by the
government in the manner provided by this Ordinance; and
thererupon the Director of Public Works may remove the

* As amended by Law Rev. Ord., 1923.




























tramway in like manner and subject to the same provisions
as to the payment of the cost of such removal, and to the
same remedy for recovery of such cost, in every respectas in
cases of removal under section.10.

12.-(1) The Governor in Council may, within six months
after the expiration of twenty-eight years from the time
when this company was empowered to construct the traimway,
and within six months after the expiration of every subse-
quent period of 1 seven years or within three months after
any order made by the Governor in Council under section
10 or section 11, by notice in writing require the company
to sell, and thereupon the company shall sell, to the Govern-
ment its undertaking on the terms of paying the then value
(exclusive of any allowance, for past or future profits of, the
undertaking or any compensation for compulsory sale or
other consideration whatsoever) of the tramway, and all lands,
buildings, works, materials, and plant, suitable to and used
for the purposes of its undertaking, such value to be, in cases
of difference, determined upon petition to the court in a
summary way.

(2) When any such sale has been made, all the rights,
powers, and authorities of the company in respect of the
undertaking sold, or, where,any order has been made by the
Governor in Council, under section 10 or section 11, all the
rights, powers, and authorities of the company previous to
the making of such order in respect of the undertaing sold,
shall be transferred to, vested in, and may be exercised by the
Government.

13. The carriages used on the tramway may be moved by
means of locomotive or stationary engines and steel-wire
ropes, or by such other mechanical power as the Governor
in Council may approve.

14. Every carriage used on the tramway shall be so con-
structed as to provide for the safety of passengers and for
their safe entrance to and exit from, and accommodation in
such carriage, and their protection from the machinery used
for drawing or propelling such carriage.

* As amended by Law Rev. Ord., 1923.


15. The Director of Public Works or any officer appointed
for that purpose by te Governor in writing, may inspect
any engine or carriage used by the company and the
machinery therein, and slwo any rope or other machinery of
the tramway and report thereon; and the governor may, by
order, prohibit the use of any such engine, carriage, rope, or
machinery which may be reported to be unsafe or unfit for
use.

16.-(1) subject to the provisions of this Ordinance, it shall
be lawful for the governor in Council to make rules for any
of the following purposes:-

(a) for regulating the working and control of the tramway;
(b) for regulating the use of the warningn apparaturs affixed
to the engines or used in any other way;
(c) for regulating the emission of smoke or steam from
the engines;
(d) for providing that engines and carriages shall be
brought to a stand at such places, and in such acases of im-
pending danger, as may be deemed proper for securing
safety;
(e) for regulating the entrance to, exit from, and accom-
modation in the carriages and the protection of passsengers
from the machinery of any engine used for drawing or pro-
pelling such carriages;
(f) for regulating the rate of speed of the engines and
carriages: Provided that the speed shall not exceed the rate
of ten miles an hour, and that no engine or carriage may
pass through movable facing points at a pace exceeding the
rate of four miles an hour;
(g) for the stopping of carriages using the tramways;
(h) for proving for the due publicity of all rules and
by-laws relating to the tramway, by exhibition therrof in
conspicuous place; and
(i) for providing for the safety of the public in all cases
in which it may appear that such safety is or is likely to be
endangered orimperilled.
(2) Subject to this ORdinance, it shall be lawful for the
company to make by-laws-

* As amended by Law Am. Ord., 1923.






















(a) for preventing the commission of any nuisance in or
upon any carriage, or in or against any premises belonging
to the company; and

(b) for regulating the travelling in or upon any carriage
belonging to the company.

(3) Rules made by the Governor in Council, and by-laws
made by the company, shall come into operation one month
after their publication in the Gazette.

17. Any such rule or by-law may impose fines for offences
against the same, not exceeding ten dollars for each offence,
with or without fines for continuing offences, not exceeding
for any continuing offence five dollars for every day during
which the offence continues.

18.-(1) Subject to the approval of the governor in Council
the company may sell or assign its undertaking, or any part
thereof, to such person, by public auction or private contract
or partly by public auction and partly by private contract,
and with, under, and subject to such terms and condiftions
in all respects, as the company may think fit, with power at
any such sale to fix a reserve price for or buy in the same.

(2) When any such sale, or assignment has been made, all
the rights, powers, authorities, obligations, and liabilities of
the company in respect to the undertaking, or part thereof,
sold or assigned, shall be transferred to, vested in, and may
be exercised by, and shall attach to, the person to whom the
same has been sold or assigned, in like manner as if the
unertaking, or part thereof, sold or assigned, was constructed
by such person under the powers conferred by thssssis Ordinance,
and in reference to the same he shall be deemed to be the
company.

19. Subject to the approval of the goveernor in Council,
the company may demise its undertaking, or any part thereof,
to such person and for such term, and on such conditions, in
all respects as the company may think fit, to take effect either
in possession or at some futrue date, and either with or
without a premium as a consideration for such demise.

* As amended by Law Am. Ord., 1923.


























20. It shall be lawful for the company to borrow money
on mortgage of all or any part of its underrtaking, and for
that purpose to assign or demise by way of mortgage all or
any portion of its lands, messuages, or tenements, erections,
buildings, works, rolling stock, plant, machinery, chattels,
and effects to any person, and to enter into all such covenatns,
provisos, declarations, and agreements, as the company may
think fit.

21. the governor in Council may, by order, direct that
precedence over the company and all other persons in the
user of the tramway be taken for defensivd or military pur-
poses or for the passage of troops and war material, on giving
to the company, on each occasion of such user, three clear
days notice, and shall direct the payment to the company
therfor of such tolls as amy be agreed on. If no agreement
is come to, then the amount of such tools shall be determined
upon petition to the court in a sumamry way.

22. save and except passengers' luggage not exceeding
sixteen pounds in weight or one cubic foot in measurement,
the company shall not be bound to carry andy animals, goods,
merchandise, mineral,s or parcel.

23.-(1) the company may demand and take the tolls
specified in the Schedule, whichshall be paid to such persons,
and at such places, and in such manner as the company may,
by notice annexed to the list of tolls, appoint.

(2) a list, printed in the English and Chinese languages,
of all the tolls authorised to be taken shall be exhibited in a
conspicuous place at the offices of the company and inside
each of the carriages used upon the tramway: Provided that
if there is any variation between the English and Chinese
prints of the said list, the English print shall prevail.

24. If the carriages during any journey contain their
authorised complement of passengers, the company shall not
be bound to find accommodation for any other passenger,
notwithstanding that he may have purchased a ticket entitling
him to travel on the tramway.




























25. Every person who wilfully obstructs any person acting
under the authority of the company in the lawful exercise of
any of the powers, hereby conferred, or damages or destroys
any property of the company, shall be liable to a fine not
exceeding twenty-five dollars.

26. Every person who wilfully and without lawful
excuse-

(1) interferes with, removes, or alter any part of the tram-
way or of the works connected therewith; or

(2) places or throws any stones, dirt, wood, refuse, or other
materials on any part of the tramway; or

(3) does or causes to be done anything in such manner as
to obstruct any carriage using the tramway or to endanger
the lives of persons therein or thereon; or

(4) knowingly aids or assists in the doing of any of such
things, shall be liable (in addition to any proceeding by way
of indictment or otherwise to which he may be subject) to
a fine not exceeding twenty-five dollars.

27. Every person who-
(1) while travelling or having travelled in any
avoids or attempts to avoid payment of his fare; or

(2) havilig paid his fare for a certain distance, knowingly
and wilfully proceeds in any carriage beyond such distance
and does not pay the additional fare for the additional
distance, or attempts to avoid payment thereof; or

(3) knowingly and wilfully refuses or neglects, on arriving
at the point to which he has paid his fare, to quit any
carriage,
shall be liable to a fine not exceeding ten dollars.

28. Every passenger shall, on request by any officer or
servant of the company, either produce, and if so requested-
deliver up, a ticket showing that his fare , or pay
from the place whence lie started, or give the officer
or servant his name and address ; andin case of default he
shall be liable to a fine not exceeding ten dollars.

* As amended by Law Rev. Ord., 1923.
+ As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.
+ As amended by Law Am. Ord., 1923.


29. It shall be lawful for any officer or servant of the
company and all persons called by him to his assistance, to
seize, anh detain any person discovered either in or im-
mediately after committing or attempting to commit any such
offence as is mentioned in sections 27 and 28 and whose name
or residence is unknown to such officer or servant, until such
person can be conveniently taken to a police station for safe
custody and detained until he is discharged by due course of
law.

30. No person shall be entitled to carry or to require to
be carried on the tramway any dangerous goods as defined
by the Dangerous Goods Ordinance, 1873; and every person
who sends by the tramway any such goods, without distinctly
marking their nature, on the outside of the vessel or package
containing the same, or otherwise giving notice in writing
to the book-keeper or other servant with whom the same are
left, at the time of such sending, shall be liable to a fine
not exceeding one hundred dollars. It shall further be
lawful for the company to refuse to take any parcel that it
may suspect to contain any such dangerous goods or require
the same to be opened to ascertain the fact.

31. Any summons, writ, or other proceeding, required to
be served on the company may be served by the same being
left at, or sent by post directed to, the principal office of the
company, or being given or sent by post directed to the,
secretary, or, in case there is no secretary, the solicitor of
the company.

32. With respect to notices, and to the delivery thereof
by or to the company, the following provisions shall have
effect.
(1) every notice shall be in writing; and

(2) a notice to be delivered by or to the company to or by
any other company or person may be delivered by being left
at the office of such otlier company or person, or at the then
present or then last-known place of abode or residence of
such person, or of his ostensible agent, or of other the agent
who pays the rents, rates, and taxes payable in respect of the
property of such person, or by being affixed on some con-
spicuous part of any lands afected or intened to be affected

* As amended by Law Rev. Ord., 1923.
+ As amended by Law Rev. Ord.l, 1923, and Law Am. Ord., 1923.












by such notice, or ty being left at the, office of the company,
as the case may be, or by being sent by post in a registered
letter addressed, as the case may be, to the clerk or secretary
of such other company at its principal office, or to such
person at his then present or then last-known place of abode
or residence or at bis office or business premises, or by being
so sent by post addressed to the ostensible agent or agents
of such person, or other the agent or agents aforesaid, or to
the clerk or secretary of the company at its principal office.

33.-(1) If any party has committed any irregularity,
trespass or other wrongful proceeding in the exectition of
this Ordinance or by virtue of any power or authority hereby
given, and if, before action brought in respect thereof, such.
party makes tender of sufficient amends to the part injured,
such last-mentioned party shall as in other cases where defendants
action.

(2) If no such tender has bGIen made, it shall be lawful
for the defendant, by leave of the court wherein such action
is pending, at any time before answer filed, to pay into court
such such of money as he may think ht, and thereupon such
proceedings shall be had as in other cases where defendants
are allowed to pay money into court.

34. Every toll, or penalty imposed by this Ordinance, the
recovery of which is not otherwise provided for, may be re-
covered before a magistrate.

35. The company shall be answerable for all accidents,
damages, and injuries happening through its act or default,
or through the act or default of any person in its employ-
ment, by reason or in consequence of any of its works or
carriages, and shall save harmless all other companies or
bodies, collectively and individually, their officers and
servants, from all damages and costs in respect or such
accidents, damages, and injuries.

36. Notwithstanding anything in this Ordinailce, the
company and any persons using the trainway shall lie subject
and liable to the provisions of any general Ordinance now
in force or which may hereafter be passed relating to tram-
ways, or by which any tax or duty may be granted or im-
posed for or in respect of tramways or the passengers or
traffic conveyed thereon, and to any condition, regulation or


restriction which may be imposed on the use of tramways,
or on the use tramways of animal power, steam power,
or any mechanical power, by any such general Ordinance as
aforesaid.

37. The powers and privileges given by this Ordinance
are so given saving and reserving always the rights of His
Majesty.


SCHEDULE.

TABLE OF TOLLS. [s.23.]

1. For every passenger travelling on the tramway or any part
thereof,-

(1) as a first class passenger, any sum not exceeding ..... 30 cents.
(2) as a second class passenger, ..... 20
(3) as a third class passenger, ..... 10

2. For every small animal, pe head .................. 10

3. For parcels not exceeding 7 lb. in weight, each ......... 5
exceeding 7 lb. and not exceeding 14 lb. ......... 10
14 lb. 28 lb. ......... 15
28 lb. 56 lb. ......... 20
56 lb. in weight, such sum as the
company may think fit.

The weight shall be determined according to the usual avoirdupois
weight.
[Originally No. 6 of 1883. Law Rev. Ord., 1924.] Short title. Interpretation. Power to construct and work certain tramways. Power to alter levels of ground, etc. Power to make additional crossings, etc. Gauge. Protection of sewers, etc. Settlement of differences between company and Director of Public Works. Opening of tramway for traffic. Discontinuance of tramway by company. Proceedings in case of insolvency of company. Puchase by Government of tramway. Motive power. Construction of carriages. Inspection of engines, etc. Rules and by-laws. Penalties in rules or by-laws. Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Tolls. Schedule. Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. [cf. No. 2 of 1865, s. 30A, and No. 6 of 1865, s. 27A.] Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare. 52 & 53 Vict.c. 57, s. 5. Detention of offender. Penalty for bringing dangerous goods on tramway. Ordinance No. 1 of 1873. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Reservation of rights of the Crown.

[Originally No. 6 of 1883. Law Rev. Ord., 1924.] Short title. Interpretation. Power to construct and work certain tramways. Power to alter levels of ground, etc. Power to make additional crossings, etc. Gauge. Protection of sewers, etc. Settlement of differences between company and Director of Public Works. Opening of tramway for traffic. Discontinuance of tramway by company. Proceedings in case of insolvency of company. Puchase by Government of tramway. Motive power. Construction of carriages. Inspection of engines, etc. Rules and by-laws. Penalties in rules or by-laws. Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Tolls. Schedule. Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. [cf. No. 2 of 1865, s. 30A, and No. 6 of 1865, s. 27A.] Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare. 52 & 53 Vict.c. 57, s. 5. Detention of offender. Penalty for bringing dangerous goods on tramway. Ordinance No. 1 of 1873. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Reservation of rights of the Crown.

https://oelawhk.lib.hku.hk/items/show/1102

1923

v1

265

No. 2 of 1883

12