ROPE COMPANY'S TRAMWAY ORDINANCE, 1901

ROPE COMPANY'S TRAMWAY ORDINANCE, 1901

No. 21 of 1901
An Ordinance to authorise tlic lIongkong Rope Manufactur-
ing Company to construct a tramway.
[15th December, 1901.]

WHEREAS the Hongkong Rope Mamifacturing Company, Limited, is
desirous of constructing a tramway for the.purpose of loading and
discharging goods, merchandise, and cargo, and has applied to the
Government to confer upon it the necessary powers for so doing,
and it is expedient that such powers should be granted, under and
subject to the conditions, restrictions, and provisions hereinafter
contained

1. This Ordinance inay be cited as the Rope Company's
Tramway Ordinance, 1901.

2.-(1) The Hongkong Rope Manufacturing Company,
Limited, (hereinafter referred to as the company, which shall
include its assigns) may construct, lay down, and maintain,
subject to the provisions of this Ordinance and in accordance
with the plan which has been deposited as hereinafter men-
tioned, the tramway hereinafter. described, with all proper
signalling arrangements, crossings, passing places, sidings,
junctions, rails, turn-tables, works, and conveniences, and
the company shall have the exclusive right to work and use
the same.

(2) The tramway authorised by this Ordinance is as
follows:-A partly single and partly double line coininencing
at a point (shown on the said plan) near to and to the south
of the north-ea-t corner of Inland IM No. 906, thence passing
(by a curve) in a northerly direction along Smithfield and
across the Praya in the position shown on the said plan and
terminating upon the wharf intended to be erected in the
position shown on the said plan.

As ainended by Law Rev. Ord., 1924.





3. The plan hereinbefore referred to is the plan dated the
17th day of October, 1901, and deposited by the company in
the office of the Director of Public Worhs.

4. The tramway shall be constructed on a gauge of two
feet and six inches in width, and with rails of such material
and type as shall, before being laid down, be approved of
by the Director of Public Works, and shall be laid and
maintained in such manner that the uppermost surface
thereof shall be on a level with the surface of the road:
Provided that the Governor in Council may require the
company to adopt and apply, at its sole cost and charges,
such improvements in or additions to the tramway and all
appliances connected therewith, including the motive powel.
and trucks employed thereon, rails, sleepers, turn-tables,
signalling arrangements, and substructure, as experience
may suggest, having regard to the greater security of the
public and advantage to the ordinary traffic, and the company
shall, with all reasonable despatch, comply with any order
made by the Governor in Council for the purpose of carrying
out any such improvements.

5. The company may, for the purpose of making, forming,
laying down, maintaining, renewing, altering, adding to, or
removing the tramway or any part thereof, open and break
up any road, subject to the following regulations:-
(1) the company shall give to the Director of Public Works
notice'of its intention, specifying the time at which it will
begin to do so, and the portion of road proposed to be
opened or broken tip, such notice to be given seven clays at
least before the commencement of the work; and

(2) the company shall not open or break up or alter the
level of any road except with the authority of the Director
Of Public Works.

6.-(1) When the company has opened or broken -up any
portion of any road, it shall be under the followlug further
obligations:-

(a) it shall, with all convenient speed, complete the work
on account of which it opened or broke up the same and
(subject to the formation, maintenance, renewal, or altera-

As aniended by Lnw ltel,. Ord., 1924.





ion of, addition to, or removal of the tramway) fill in the
ground ' and inake good the surface, and restore the road, to
the satisfaction of the Director of Public Works and

(b) it shall in the meantime cause the place where the
road is opened or broken up to be fenced and watched and
be properly lighted from sunset to sunrise.

(2) If the company fails to comply with this section, it
Mall (without prejudice to the enforcement of the specific
erformance of the, requirements of this Ordinance or to any
other remedy against it) be liable upon summary conviction
b a fine not exceeding one hundred dollars, and to a further
fine not exceeding twenty-five dollars for each day during
hich any such failure continues after the first day on
which such penalty is incurred.

7.-(1) The company shall maintain in good condition and
repair, and at their proper level so as not to be a danger or
annoyance to the ordinary traffic, the rails of which the
tramway for the time being consists, and the turn-tables and
other appliances used in connexion with the tramway, and
the substructure upon which the same rests, together with
the roadway between the rails of the tramway and so much of
the tramway, which shall be laid with such materials and in
such manner as the Director of Public Works may direct;
and if the Director of Public Works alters the level of any
road along or across which the tramway is laid, then and so
often as the same may happen the company shall, at its own
expense, alter the rails so that the uppermost surface thereof
shall be on a level with the surface of the road as altered.

(2) If the company makes default in complying with this
section, it shall upon summary conviction be liable to a fine
not exceeding twenty-five dollars and, in case of a continu-
ing offence, to a further fine not exceeding ten dollars for
every day after the first day on which such default continues.

8. If the company disuses the tramway or any part
thereof for six months, without affording the Governor in
Council some satisfactory reason, it shall be lawful for the
Governor in the Council to abate and remove the same and
restore the site to its former condition, at the cost of the
As amended by Law Rev. Ord., 1924,





company, and the amount of such cost shall be a debt due
to the Government and shall be recoverable against the
company.

9.-(1) Subject to the approval of the Governor in
Council, the company may sell or assign the tramway or any
part thereof, and the rights conferred by this Ordinance,
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 conditions in all
respects as the company may think fit, with power at any
such sale to fix a reserve 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 tramway or part thereof
sold or assigned, shall be transferred to, vested in, and may
be exercised by and shall attach to the person to whorn the
sarne has been sold or assigned, in like manner as if the
tratriway or part thereof sold or assigned was constructed
by such person tinder powers conferred upon him by this
Ordinance, and in reference to the same he shall be deeined
to be the company.

10. Subject to the approval of the Governor in Council,
the. company may demise the tramway or any part thereof,
together with the rights, powers,, and privileges conferred
by this Ordinance, to such person, for such term of years or
from year to year, or for any less period, and for such rent
and on such terms and conditions in all respects as the
company may think fit to adopt, to take effect either in
possession or reversion, and either with or without a
premium as a consideration for such demise.

11, It shall be lawful for the company to borrow inoney
on mortgage of all or any part of the tramway and of the
rights, powers, and privileges conferred by this Ordinance,
and for that purpose to assign or demise by way of mort-
gage all. or any portion of the tramway to any person, and
to enter into all such covenants, provisos, declarations, and
agreements as the company may think fit and proper.





12. The rights, powers, and privileges granted by this
Ordinance to the company and its assigns shall continue in
force for ten years, to be computed from the 15th day of
December, 1901: Provided always that the Governorin
Council may, so often as he may think expedient,by order
to be published in the Gazette, declare that the duration of
such rights, powers, and privileges shall be extended for
any further period not exceeding ten years at a time,, and
thereupon such rights, powers, and privileges shall continue
in force for such extended period.

12A. NOtwithstanding anything in section 12 to the
contrary, the rights, powers and privileges granted by this
Ordinance shall be deemed not to have expired but to have
been and to be in full force and effect and so to continue
up till the 15th day of December, 1913: Provided that
nothing in this section shall be deemed to affect or curtail
to power given to the Governor in Council, by the proviso
powers and privileges.

13.-(1) On the cessation of the rights, powers, and
privileges granted by this Ordinance, it, shall be at the
Option of the Governor in Council to purchase the tram way
d works authorised by this Ordinance from the company
price which shall be exclusive of any allowance for
or future profits of the undertaking or any compensa-
for compulsory sale, to be determined, in case of
difference, by two arbitrators to be nominated one by the
Governor in Council 'and the other by the company, and,
in case the.said arbitrators cannot agree, by an umpire to
be agreed upon between them.

(2) If the Governor in Council does not exercise the
option to buy within one mouth of such cessation as afore-
said, the, company shall, at its own expense, remove the
tramway and works and restore the site thereof to its former
condition, and, in the event of its failure to do so within
one year of the date of such cessation, it shall be lawful for
the Governor in Council to abate and remove the same and
restore the site thereof to its former condition, at the cost

As adended. by Law Rev. Ord., 1924.
t As amended by No. 11 of 1913 and Laiv Rev. Ord., 1924. See also G. Ns. Xros.
222 of 1913 and 441 of 1923, which extend the duration of the rights, powers,
and privileges until the 15th December, 1924.





of the company, and the amount of such cost shall be a
debt due to the Government and shall be recoverable against
the company accordingly.

14. Nothing in this Ordinance shall be deemed to alter or
affect the provisions of any enactment conferring power
upon the Director of Public Works to stop or otherwise deal
with traffic along streets or roads or to block up or otherwise*
deal with streets or roads for the purpose of carrying out
works of a public nature.

15. Nothing- in this Ordinance, or in any order made,
thereunder, shall take away or abridge th& right of the public
to pass along or across every part of any public road along
or across which the tramway is laid, whether on or off the
tramway, with carriages, cars, or vehicles not having wheels
suitable only to run on the rails of the tramway.

16. The powers and privileges given hy this Ordinance
are so given saving and reserving always the rights of His
Majesty, and those claiming by, from, or under Lim, except
as is herein otherwise provided.

1902.

No.1 of 1902, repealed by No.1 of 1903.

No.2 of 1902, repealed by No.45 of 1902

No.3 of 1902, incorporated in No.1 of 1871

No.4 of 1902, repealed by No.34 of 1910

No.5 of 1902, repealed by No.43 of 1902

No.6 of 1902, incorporated in No.7 of 1981

No.7 of 1902, incorporated in No.4 of 1873

No.8 of 1902 and No.9 of 1902, repealed by
No.8 of 1912
[Originally No.36 of 1901. No. 11 of 1913. Law Rev. Ord.,j 1924.] Short title. Power to Hongkong Rope Manufacturing Compnay to construct tramway. Plan of tramway. Gauge of tramway. Power to company to break up road, etc. Completion of work and restoration of raod. Penalty for not maintaining rails, roads, etc., at proper level and in good condition. Power for Governor in Council to abate and remove works in certain events. Power to sell tramway. Power to demise tramway. Power to mortgage tramway. Duration of rights, powers and privileges granted by Ordinance. Continuation of the saem. Cessation of powers of company. Saving of power to stop or divert traffic. Reservation of rights of public. Saving of rights of the Crown.

[Originally No.36 of 1901. No. 11 of 1913. Law Rev. Ord.,j 1924.] Short title. Power to Hongkong Rope Manufacturing Compnay to construct tramway. Plan of tramway. Gauge of tramway. Power to company to break up road, etc. Completion of work and restoration of raod. Penalty for not maintaining rails, roads, etc., at proper level and in good condition. Power for Governor in Council to abate and remove works in certain events. Power to sell tramway. Power to demise tramway. Power to mortgage tramway. Duration of rights, powers and privileges granted by Ordinance. Continuation of the saem. Cessation of powers of company. Saving of power to stop or divert traffic. Reservation of rights of public. Saving of rights of the Crown.

https://oelawhk.lib.hku.hk/items/show/1203

1923

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No. 21 of 1901

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