TRAMWAY ORDINANCE, 1902

TRAMWAY ORDINANCE, 1902

No. 10 of 1902.

An Ordinance for authorising the construction of a tram- 1
way.

[14th May, 1902J.

WHEREAS it is desirable to authorise the construction of a tramway
within the Colony of.Hongkong:-

1. This Ordinance may be cited as the Tramway Ordi-
nance, 1902.

2. In this Ordinance,

(a) .Car includes all cars and trucks used -upon the
ramway.

(b) The company means the Hongkong Tramway
ompany, Limited.

(c) The court means the Supreme Court.

(d). Department includes the War Department, the
Admiralty, and the Hongkong Government.

(e) The Government means the Governor acting on
behalf of, His Majesty or his assigns, or on behalf of the
Government of the Colony.

Road means any roadway over which the tramway
shall pass, and the roadway of any bridge forming part of or
leading to the same.

(g) Section means a section (as hereinafter describedi
,of the tramway.
(h) Special case means a special case stated for the
opinion of the court under the provisions of any Ordinance
relating to Civil Procedure.

(i) The works , or the undertaking , mean the works
or undertaking of whatever nature herein authorised to be
executed..

As amended by Law Rev. Ord., 1924. The powers conferred upon the Governor
by the Praya East Reclamation Ordinance, No. 17 of 1921, are not limited in any
way by this Ordinance, and the rights and powers given by this Ordinance are
not aflected by the fact that the rollte etc. of the tramway may be altered by the
Reclamation. See No. 17 of 1921, S. 16.
t As amended by Law Rev. Ord., 1924,





Construction of tramway.
3. The company may construct, lay down and maintain,
subject to the provisions of this Ordinance, and in accordance
with the plans which have been deposited as hereinafter
mentioned, the tramway hereinafter described, with all
proper electric generating stations, crossings, passing places,
sidings, junctions, rails,. turn-tables, Plates, offices, weigh-
bridges, sheds, overhead and other wires, cables, standards,
poles and brackets, pipes and all such other works and
conveniences in connexion therewith as the company may
for the purposes thereof think fit, and may work and use the
same. The company may also generate and use electricity
for the purposes of lighting its own buildings, erections, and
premises, and for any other purposes of its own.
The tramway authorised by this Ordinance is as follows-
Section No.1.-A single line 2 furlongs 9.12 chains (or
thereabouts) in length, commencing at a point in Catchick
Street fifty feet (or thereabouts) east of the intersection of
the centre lines of Catchick Street and Smithfield, thence
passing into and, in a southerly direction, along Smithfield
to its junction with Belcher Street, thence into. and, in a
westerly direction, along Belcher Street to its junction with
Cadogan Street, thence into and, in a northerly direction,
along Cadogan Street to its junction with Catchick Street,_
and thence into and, in an easterl direction, alon- Catchick
Street,Aerniluating at the point where this Section is autlioris-
ed to commence.

Section No. 2.-A dou.ble line 4 miles 3 furlongs 4.5 chains
(ol- thereabouts) in length, commencing by. junction Tith
Section No. 1 at the point where such Section is authorised
to. terminate, thence passing, in easterly, north-easterly and
soiitliei.ly directions, almig Catchick Street, Praya Kounedy
Town, Des Voeux Road, and Connaught Road to the junction
of Colmailght Road with Morrison Street. From this point
Section No. 2 is authorised to divide, one lone passing in a
southerlydirection along Morrison Street to its junction with
Des Voeux Road and thence into and, in an easterly direction,
along Des Voeux Road to its junction with Cleverly Street,
and the other line.passing, in an easterly direction, along
Connaught Road to its junction with Cleverly Street, and
thence into and, in a. southerly direction, along Cleverly
Street to its junction with Des Voeux Road. From this point
Section No. 2 is authorised to pass, in eastelly, southerly





and north-easterly directions, along Des Voeux Road, Queen's
Road, Arsenal Street, Praya East, Yee Wo Street, and
Shaukiwan Road, terminating in the road at a point fifty
feet (or thereabouts) from the north-east corner of Inland
Lot No.1,149.

Section No.3-A single line 8.5 chains (or thereabouts)
in length, commencing in Praya East by junction with
Section No.2 at a point fifty feet (or thereabouts) west of
the intersection of the centre lines of Praya East and Tin
Lok Lane, thence pasing into and, in a southerly direction,
along Tin Lok Lane, and terninating in Morrison Hill Road
at a point fifty feet (or thereabouts) south of the intersection
of the centre lines of Morrison Hill Road and Sharp Street.

Section No.4-A single line 1 furlong 1.5 chains (or there-
abouts) in length, commencing in Praya East by junction
with Section No.2 at a point fifty feet (or therabouts) west
of the interesection of the centre lines of Praya East and
Bowrington Road, thence passing into and, in a southerly
direction, along Bowrigton Road to its junction with Sharp
Street, thence into and, ina westerly direction, along
Sharp Street and terminating at the point where Section No.
3 will terminate.

Section No.5-A double line 3 furlongs 6 chains (or
thereabouts) in length, commencing in Morrison Hill Road
by junction with Sections Nos.3 and 4 at the point where
such Sections will terminate, thence passing, in a southerly
direction, along Morrision Hill Road and terminating in
Wongneichong Road, at a point fifty feet (or thereabouts)
north of the northernmost point of the bulding known as the
Grand Stand,

Section No.6-A single line 2 miles 4 furlongs 3.8 chains
(or thereabouts) in length, commencing in Shaukiwan Road
by junction with Section No.2 at the point where such
Section will terminate, thence passing, in an easterly direc-
tion, alon gshauKiwan Road and terminating in the road
at a point five hundred and thirty feet (or thereabouts) north-
west from the centre of No.5 Bridge.

Section No.7-A single line (with passing places) 1 mile
2 furlongs 4.5 chains (or thereabouts)in length, commencing
in Shaukiwan Roady by junction with Section No.6 at the
point where such Section will terminate, thence passing, in
an easterly direction, along the new road to Shaukiwan now






being constructed in place of a portion of the existing road
to Shaukiwan, thence, in an easterly direction, along the
existing Shaukiwan Road, and terminating in that road at a
point twenty feet or thereabouts east of the intersection of
the centre lines of Wo Hing Street and Shaukiwan Road.

Notwithstanding anything in this Ordinance or the said
plans contained or shown, the company may construct, lay
down and maintain the above Sections, Or ally of them, in
such other positions along the lines of route shown ou the
said plans as the Governor in Council shall approve.

4. The plans hereinbefore -referred to are the plans all
dated the 9th day of Apilil, 1901, and numbered 1 to 4
deposited by. the company in the office of the Director of Ilublic
Works.

5. Where a double line of tramway is hereby authorised to
be laid down and has been constructed, it shall be lawful for
the company, with the consent of the Governor in Council,
to lav down in lieu thereof a single line of tramway, and, with
the Pike consent, at any time thereafter to convert such single
line into the double line hereby authorised to be laid down.

6. Subject to the approval of the Governor in Council, the
company may, in the construction of the above Sections, or
any oFthem, at its own expense. alter the level of, and widen
any bridge, road, street or space along or ovel. which any
Section is hereby authorised to be laid down, and make and
construct all necessary cuttings and embankments, 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 to the satisfaction of the
Director of Public Works, and in such manner as to prevent
its being washed by rain into the harbour.

. 7. Subject to the approval of the Governor in Council
alter timely and adequate notification by public advertisement
or otherwise of the intention of the 'company to apply for
such approval, and after such approval has been confirmed
by 4 resolution of the Legislative Council, the company may
construct and maintain, subject to the provisions of this
Ordinance, and in accordance with plans to be previously
c leposited in the office of the Director of Public Works, all
such lines, crossings, passing Places, sidings, junctions, turn-
0





tables, and other works in addition to or as extensions of those
particularly specified in and authorised by this Ordinance as,
may be approved of by the Governor in Council, and may
work and use the same.

8. Subject to the approval of the Director of Public Works
as to -the method and position of laying down, the company
may lay down under any public roadway, street, or space,
pipes from any of their generating stations. to the sea. The
company may also lay down any such pipes over or under
any private land with the consent of the owner thereof. The
,company inay pump sea water through any such pipes for
t'he purposes and works of the tramway, and shall make
proper provision, to the satisfaction of the Director of Public
Works; for the return of the surplus sea water into the sea.

9. Sections Nos. 1, 2, 3, 4 and 5 shall be constructed,
laid down and maintained as nearly as may be in the middle
of the road, and shall not be so laid that, for a
continuous distance of one hundred feet or upwards, a less
space than nine feet shall intervene between the outside
edge of the foot-path on either side of the road and the
nearest part of the car, except where it may be necessary to
construct and maintain loops for enabling the cars to pass
each other, or to construct sidings and curves, all which
exceptions shall be subject to the approval in writing of the
Director of Public Works. Provided that the company may
lay down' a double singlo line in any road where the width
may not be sifficient to allow a space of nine feet on either
side. Sections Nos. 6 and 7 shall be constructed,. laid down
and maintained in such positions on the roads along which
they are authorised to be laid down as shall be approved by
the Governor in Council: Provided that the said last-men-
tioned Sections may be so laid that a less space than nine feet
may intervene -between the outside edge of the foot-path on
either. side of the road, where there is a foot-path, or, where
there is no foot-path, between the outside edge of the road
and the nearest part of the tramcar.

10. The tramway shall be constructed on a gauge of not
less than three feet and six inches in width, and with steel
rails, which said rails shall, before being laid down, be
approved by the Director of Public Works, and shall be laid

As amended by Law Rev, Ord., 1924.





and maintained in such manner that the apperniost stirface
thereof shall be on a level with the surface of the road.

11. The company for the purpose of making, forming,
laying down, maintaining, renewing, altering, adding to, or
removing any Section or any part thereof respectively, may
open and break up any road subject to the following
regulations:-

(1) it shall give to the Director of Public Works notice of
its intention, specifying the tinie at which it will being to
do so, and the portion of road proposed to be opened or
broken up, such notice to be given seven daysat least before
.the commencement of the work.

(2) it shall not open or break up or alter the level of any
road except with the authority, under the superintendence,
and to the satisfaction of the Director of Public Works.

12. When the company has opened or broken up any
portion of any road, it shall be under the following further
obligations, namely:-

(1) 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 alteration
of, addition to, or removal of the tramway) fill in the grotind,
and make good the surface, and, to the satisfaction of the
Director of Public Works, restore the road to a good
condition.

(2) it shall in the meantime cause the place where the
road is opened or broken up to be fenced and watched, and
to be properly lighted at night.

If the company fails to comply with any of the provisions
of this section it shall (without prejudice to the enforcement
of specific performance of the requirements of this Ordinance
or to any other remedy against it) be liable to a line not
exceeding one hundred dollars, and to a further fine not
exceeding twenty-five dollars for every day during which
any such failure continues after the first day on which such
penalty is incurred.

As ainanded by Lasy Rev. Ord., P024.





13. In addition to the requirements of section 12, the
company shall, when it gives notice as aforesaid to the
Director of Public Works of its intention to open or break
up any road for any of the purposes aforesaid, lay before the
Director of Public Works a cross section showing the
proposed mode of constructing, laying down, maintaining,
renewing, altering, adding to, or removing the tramway
or works in respect of which it proposes to open or break up
such road, and a statement of the materials intended to be
used therein; and the company shall not commence the
construction, laying down, maintenance, renewal, alteration
of, addition to, or removal of such tramway or works, or any
part thereof respectively, except for the purpose of necessary
repairs, until such cross section and statement have been
approved in writing by the Director of Public Works, and
the work shall be executed in accordance with such approved
cross section and statement, and under the superintendence
and to the satisfaction of the Director of Public Works.

14. The company shall, at its own expense, at all times
maintain and keep in good condition and repair, with stich
materials and in such manner as the Director of Public
WQrks shall direct and to his satisfaction, so much of any
road whereon any tramway belonging to the company is
laid as lies between the rails of the tramway and (where a
double line of tramway is laid by the company in any road
at a distance of not.more than four feet from each other)
the portion of the road between the two lines of tramway,
and in every case so much of the road as extends eighteen
inches beyond the rails of and on each side of any such
tramway. Except. as aforesaid the company shall not be
liable to pay for the cost of the maintenance or repair of any
road whereon the tramway is laid.

15. The company shall maintain in good condition and
repair, and at their proper level so ' as not to he a danger or
annoyance to the ordinary trafilc, the rails of which the
tramway for the time being consists, and the substructure
upon which the same rest; and if the Director of Public
Works shall at any time alter the level of any road along or
across which the tramway shall be laid, then the company
shall, at its own expense, alter its rails so that the uppermost
surface thereof shall be on a. level with the surface of the

As ainendod by Lam, Rey. Ord., 1924,





road as altered, and if the company rnakes default in
complying with any. of the provisions of. this section, it shall
.be liable to a fine not exceeding one hundred dollars, and, in
case of a continuing offence, to a further fine not exceeding
twenty-live dollars for every day after the first on which
such default continues.

16. The company shall keep those portions of the roads
which are occupied by the track of the Sections Nos. 1, 2, 3,
4 and 5 watered to the satisfaction of the Director of Public
Works.

. 17.where by reason ot the execution of any work alfecting
the surface or soil of ally road along which the tramway is
laid, it is, in the opinion of the Director of Public Works,
necessary or expedient temporarily to remove or discontinue
the use of such tramway or any part thereof, the Director of
Public Works shall., before such tramway or any part thereof
shall be temporarily removed, or the use thereof discontinued,
give to the company fourteen days notice at least of the
necessity or expediency of such teniporary removal or
discontinuance, and immediately on receipt of any such notice
the company may, subject to such conditions arid rules as the
Governor in Council may make, construct in the same or any
adjacent road, and, subject as aforesaid, rnaintain so long as
necessary a temporary tramway in lieu of the tramway or
part thereof so removed or discontinued, and the road on
which such temporary tramway is laid shall, subject as
aforesaid, be maintained so long as necessary by the Director
of Public Works at the expense of the company.

18. Any paving, metalling, or material excavated by the
company in the construction of its works from any road under
the control of the Director of Public Works inay be applied
by the. company, so far as may be necessary, in or towards
the reinstating of such road, provided such paving, metalling
or material are, in the opinion of the Director of Public Works,
fit and proper to be used for such purpose, and all surphis,
paving, metalling or material not so used shall be the property
of the company, and shall be removed by the company with
all reasonable diligence.

'19. For the purpose of making forming, laying down,
maintaining, renewing, altering, adding to, or removing the
tralnway or any part thereof, the company may, where it is




necessary of appears expedient for the purpose of preventing
frequent interruption of the traffic by repairs or works in
coonnexion withthe same, alter the position of any mains or
pipes for the supply of gas or water, or any tubes, wires,
standards, poles, or apparatus for telegraphic, telephonic
electric lighting, or any other purposes, subject to the
following restrictions:-

(1) Before the company shall alter the position of any such
mains or pipes, tubes, wires, standards, poles, or aparatus, it
shall obtain the written assent of the Director of Public Works
to such alteration.

(2) Before laying down the tramway in a road in which
any mains or pipes, tubes, wires, standards, poles or apparatus
may be laid, the company shall, whether it contemplates
altering the position thereof or not, give seven days notice to
the Department or person to whom they belong of its intention
to lay down or alter the tramway, and shall at the same time
deliver a plan of the proposed work. If it appears that the
construction of the tramway as propsed would endanger
any such main or pipe, tube,wire standard, pole or apparatus,
or interfere withor impede the supply of water or gas, or the
telegraphic, telephonic, electric lighting, or other com-
munication, such Department or person may give notice to
the company to lower or otherwise alter the position of the
said mains or pipes, tubes, wires, standards, poles or apparatus
in such manner as may be considered necessary; and any
difference as to the nexessity therefor shall be settled in
manner provided by this Ordinance for the settlement of
difference between the company and Departments or persons.

3) The company shall not remove or displace any of the
mains or pipes, valves, syphons, plugs, tubes, wires, standards,
po;es or apparatus, or other work belonging to any such
Department or person, or do. anything to impede the passage
of water or gas, or the telegraphic, telephonic, electric lighting,
or other communication into or through such mains or pipes,
valves, syphons, plugs, tubes, wires, standards, poles or
apparatus, without the consent of such Department or person,
or in any other manner than such Department or person shall
approve, until good and sufficient mains, pipes, valves,
syphons, plugs, tubes, wires, standards, poles or apparatus,
and other works necessary or proper for continuing the supply
of water or gas, or, telegraphic, telephonic, electric lighting
or other communication as sufficiently as the same was





supplied by the mains or pipes, valves, syphons, plugs, tube S,
wires, standards, poles or apparatus proposed to be removed
or displaced, shall, at the expense of the compaity, have been
first made and laid down in lieu thereo and be ready for

use to the reasonable satisfaction of the surveyor or engineer
of such Department or person, or, in case of disagreement
between such surveyor or engineer and the company, in
such manner as the Director of Public Works, or other fit
and proper person specially appointed by the Governor
shall direct.

(4) All alterations to be made under this section shall be
niade with as little detriment and inconvenience to such
Department or person as the circumstances will admit of
and under the superintendence of such Department or
person, or of its or his surveyor or engineer.
(5) The company shall not lay down any such mains or
pipes, valves, syphons, plugs, tubes, wires, standards, poles
or apparatus contrary to the provisions of any Ordinance
relating to water, gas or other companies, or to telegraphs.

(6) The company shall make good all damage done by it
to property belonging to or controlled by any such Depart-
ment or person, and shall make full compensation to all
parties for any loss or damage which they may sxistain by
reason of any interference with such property or with the
private service pipes or wires of any person supplied by
any such Department or person with water or gas or electric
light unless such Department or person shall, by or by
reason of their or his own default, neglect or omission, have
contributed to or asisisted in the doing, happening, or
bringing about of such loss or damage.
(7) If by any such operations as aforesaid the company
interrupts the supply of water or gas or electric light in or
thrpugh any main, pipe or wire for a period exceeding
twelve consecutive hours, it shall be liable to a fine not
exceeding one hundred dollars for every day or portion of
a day after the expiration of such period of twelve hours
during which such supply shall be so interrupted.

20. When the tramway or any works connected therewith
interferes with any sewer, drain, watercourse, or subway,
or in any way affects the sewerage or drainage of the Colony
the company shall not commence the construction of the
tramway or works until it shall have given to the Director






of Public Works fourteen days previous notice in writing
of its intention so to do, and shall have left with such notice
all necessary particulars relating thereto, nor until the
Director of Public Works shall have signified his written
approval of the same unless he does not signify his approval,
disapproval or other directions within fourteen days after
service of the said notice and particulars as aforesaid ; and
the company shall comply with the directions of the Director
of Public Works in the execution of the said works, and
shall provide by new, altered orsubstituted works, in such
,manner as the Director of Public Works shall require, for
the proper protection of, and for preventing injury or
impediment to the sewers, drains, watercourses, subways,
sewerage or draina e hereinbefore referred to by or by

reason of the tramwav, and shall save harinless the Director
of Public Works against the expense occasioned thereby;
and all such works shall be done by or undel. the superin-
tendence of the' Director of Public Works at the cost and
,expense of the company, and when any new, altered, or
substituted works shall be completed by or at the cost or
expense of the company under this Ordinance, the same
shall thereafter be as completely under the control of the
Director of Public Works, and be maintained by hun, as any
other sewers, drains, watercourses, subways, sewerage or
drainage.

21. If any cable or line used for the purpose of tele-
graphic, telephonic, or electric signalling communication,
now or hereafter to be constructed aild worked in the Colony
by a Government Department or the Eastern Extension
Australasia and China Telegraph Company Limited and
the. Great Northern Telegraph Company Limited, or any
terial or subterranean line connected with any such cable,
,or the sheathings, coverings or supports of any such Qable
or line, shall be injuriously affected by the construction
or working of the undertaking, or, by electrolysis or other
cause arising or resulting from the undertaking, the com-
pany shall pay the expenses of all such alterations in or
additions to such cable, line, sheathings, coverings or
,supports 'as may be necessary to remedy such injurious
affection. For the purposes of this section a cable or line
-shall be deemed to be injuriously affected if telegraphic,

As-amendediby No. 17 of 1913,





telephonic or electric communication by means of such
cable or line is, whether through induction or otherwise, in
any manner affected by any act or work of the company.

22. Nothing in this Ordinance shall take away or abridge
any power to open or break up any road along or across
which the tramway is laid or any other power now vested in
any Department or person for the doing of any matter or
thing which such Department or person is authorised to do,
but in the exercise of such power all sneh Departnients or
persons shall be subject to the following restrictions:-
(1) They shall cause as little detriment or inconvenience
to the-company as circumstances admit.,
(2) Before they commence any works whereby the traffic
on the tramway will be interrupted they shall (except in cases
of urgency, in which case notice of the commencement of
such work shall be given to the company within twenty-four
hours after such commencement) give to. the company and
the Director of Public Works notice of their intention to
commence such work, specifying the time at which they will
begin to do so, such notice to be given twenty-four hours at
least before the commencement of the work.

(3) They shall not be liable to pay to the company any
compensation for loss of traffic occasioned thereby, or for
the reasonable exercise of the powers so vested in them as
aforesaid.
(4) Whenever for the purpose of enabling them to execute
such works any such Department or person shall so require,
the company shall either stop traffic on that portion of the
tramway to which such notice shall refer, where it would
otherwise interfere with such work, or shore up and secure
the same at its own risk and cost during the execution of the
work there: Provided that such work shall always be
completed with. all reasonable expedition.
(5) Such work so far as it immediately affects the tramway
shall not be executed except under the superintendence of
the company, unless the company does not give such superin-
tendence at the time specified in the notice for the commence-
ment of the work, or permanently discontinues the same
during the progress of the work, and such work shall bo
executed without cost to and to the reasonable satisfaction of
the company.





23. If any difference arises between the company on the
one hand and any Department or person (other than the
Director of Public Works) to whom any sewer, drain, tube,
wires, standards, poles, or apparaturs for telegraphic, tele-
phonic, electric lighting or other purposes may belong onthe
other hand, with respect to any interference or control
exercised, or claimed to be exercised, by or on behalf of such
'Department or person, or by the company by virtue of this
Ordinance in relation to any Section of the tramway or works
or in relation to any work or proceeding of such Department
or person, or with respect to the propriety of or the mode of
execution of any work relating to the* tramway, or with
respect to the amount of any compensation to be made by or
to the company, or on the question whether any work is such
as ought reasonably to satisfy the Department or person
. concerned, or with respect to any other subject or thing
regulated by or comprised in the Ordinance, the matter in
difference shall (unless otherwise specially provided for by this
Ordinance) be settled by a special case, or, if there are any
facts in dispute, by an action, and if any Department is
a party to such difference, such special case may be stated
by, or such action may be brought by or against, the chief
officer in the Colony of such Department in the title of his
office without naming any individual person

24. If any difference arises between the company on the
one hand and the Director of Public Works on the other
hand with respect to any interference or control exercised or
claimed to be exercised by the company or the Director of
Public Works by virtue of this Ordinance in relation - to any
Section of the tramway or works, or in relation to any work
or proceeding of the Director of Public Works, or with
respect to the propriety of or the mode of execution of any
work relating to the tramway, or withrespect to the cost of
the maintenance or repair of any road along or across which
'the tramway passes, or with respect to the amomit of any
compensation to be made by or to the company, or on the
question'whether any work is such as ought to satisfy the
Director of Public Works, or 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 a special case,
or, if there are any facts in dispute, by an action.

As amended by No. 17 of 1913.





25. Neither the tramway nor any portion. thereof shall be
opened for public traffic until the same has -been certified to
be fit for such. traffie by the Director of Public Works or
other officer duly appointed in writing for that purpose by
the Governor in Council, and the Governor in Council has,
by notification in the Gazette, authorised the saine to be
opened for such traffic.

[s. 26, rep. No. 1 of 1912.]

Insufficient user of tramwary.

27. If it shall be represented in writing to the Governor
in Council by the Director of Public Works or by twenty
inhabitant ratepayers that the public are not afforded the full
benefit of the tramway, the Governor in Council may (if satisfied
that prima^ facie the case is one for inquiry) appoint an
officer to inquire into the matter and to hold an inquiry and
report thereon, and, if the truth of the representation shall
be proved, the Governor in Council may issue an order to
the company, requiring it to provide such a service of cars
as will afford to the public the full benefit of the tramway,
and such order may prescribe the number of cars which the
company shall run upon the tramway, and the mode and
times in and at which such cars shall be Tun. Every such
order shall be served upon the company within forty-eight
hours after it shall have been made, and shall be published
in the Gazette next following the making thereof. Provided
that the Governor in. Council shall, before, issuing any such
order, be satisfied that under good and economical manage-
ment the prescribed service will be fairly remunerative to
the company; and that, after the company shall. flave com-
plied with such order for not less than thirtly days, the
Governor in Council may on the application ofthe company
revoke or modify any such order.

28. If for the period of three months after the service of
such order the company shall fail or neglect to comply there-
with, the tramway shall be deemed to be a tramway to which
all the provisions of this Ordinance relating to the discon-
tinuance of the tramway after proof of such discontinnance
shall apply, and it may be dealt with accordingly.





Discontinuance of tramicay.
29. If the company discontinues the working of the tram-
way or of any part thereof for the space of six months (such
discontinuance not being occasioned by circumstances
beyond the control of the company, for which purpose the
want of sufficient funds shall not be considered a circum-
stance beyond its control) and such discontinuance is proved
to the satisfaction of the Governor in Council, the Governor
in Council may by order declare that the powers of the
company in respect of the tramway or the part thereof so
discontinued shall froin the date of such order be at an end,
and thereupon the powers of the company shall cease and
determine, unless the same are purchased bY the Govern-
ment in manner by this Ordinance provided. W1wre and
such order has been made the Director of Public Works
may, at any time after the expiration of two months from.
the date of such order, under the authority of a certificate to
that effect of the Governor in Council, remove the tramway
or part of the tramway so discontinued, and the company
shall pay to the Director of Public Works the cost of such
removal and of the making good of the road by the Director
of Public Works, such cost to be certified by him, and his
certificate shall be final and conclusive, and if the company
fails to pay the ainount so certified within two inonths after
delivery to it of such certificate or a true copy thereof, the
Director. of Public Works may (without any previous notice
to the company but without prejudice to any other remedy
,vhich *he may have for the recovery of the amount) sell and
dispose of the materials of the trainway or part of the tram-
way removed, either by public auction or private contract
and for such sum and to such person as lie may think, fit,
and may out ofthe 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, of the proceeds of sale shall
'be paid to the company.
Insolvency of contpany.
30. If it appears to the Governor in Council that the
company is insolvent, so that it is unable to maintain the
tramway or work the same with advantage to the public, the
Governor in Council may inquire into the. financial affairs of
the company, and, if satisfied that the company is so in-
solvent as aforesaid., may by order declare that the powers
of the company shall, at the expiration of six months frorn
As ainended by Laiv Rev. Ord., 1924.





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 sal-ne are purchased by the Govern-
ment in manner by this Ordinance provided, and thereupon
the Director of Public Works may remove the tramway in
like manner and. subject to the same provisions as to the
payment of the costs of such removal and to the same remedy
.for recovery of such costs in every respect as in cases of
removal lunder section 29

Purchase of trainway.

31. The Governor in Council may at the expiration of
fifty years from the date of the commencement of this Ordi-
nance, or at the expiration of any subsequent period of five
years, or at the expiration 6f three months after the making
of any order under section 29 or section 30, on giving to the
company a notice in writing in manner following:-
(a) at least six months notice prior to the expiration of
such fifty years ;
(b) at least six months notice prior to the expiration of
any such subsequent period of five years;
(c) at least two months notice prior to the expiration of
such three months-
require the company to sell and thereupon the company shall
sell to the Government its undertaking, and all lands, build-
ings, works, materials and plant of the company suitable to
and used by the company for the purposes of its undertaking,
for and in consideration of the then value of the same:
Provided that the value aforesaid shall be deemed to be the
fair value at the time of the purchase, due regard being had
to the cost of construction less depreciation, and to the then
nature, condition and state of repair of the buildings, works,
materials and plant, and to the fact that they are in such a
condition and state of repair as to be ready for immediate
working, and to the suitability of the same for the purposes
of the undertaking, but without any addition in respect of
compulsory purchase, or of goodwill, or of any profits which
might have been made from the undertaking, or of any
similar considerations. in case of difference, such value as
aforesaid shall be determined by a special case. When any
such sale has be-en made and completed all the rights, powers

As amended by Law Rev, Ord., 1924,





and authorities of the company in respect of the premises,
sold,. or, where any order has been made by the Governor in
Council under section 29 or section 30 all the rights, powers
and authorities of the company previous to the making of
such order in respect of the premises sold shall be transferred
to and vested in and may be exercised by the Government.

Motive power.

82. Th cars used on the tramway shall be moved by
electric power conveyed by means of a bare overhead wire
and the rails of the tramway: Provided always that the
exercise of the powers by this section conferred with respect
to the use of electric power shall be subject to the rules set
forth in Schedule A, and to any rules which may be added
thereto or substituted therefor fly any order which the
Governor in Council may make for securing to the public all
reasonable protection against danger in the exercise of the'
powers hereby conferred with respect to the use of electric
power on the tramway. In the event of the company being
unable at any time to move the cars by electric power the
cars may temporarily be moved by aninial power.

38. Every motor car and trailer car used on the tramway
shall be so constructed as to provide for the safety of
passengers and for their safe entrance to and exit from and
accommodation in such car and their protection from the
machinery used for drawing or propelling such car.

34. The Director of Public Works, or any officer appointed
for that purpose by the Governor in writing, may inspect any
car used on the tramway, and the machinery therein, and
any wires or other machinery of the company, and report
thereon, and the Governor may (after receiving from the
company and considering its report on the matter) by order
prohibit the use of any such car wires or machinery as may
be determined to be unsafe or -unfit for -use.

35. The company or any person using electric power on
the tramway contrary to the provisions of this Ordinance, or
to any of the rules set forth in Schedule A, or to any rule
added thereto or substituted therefor as aforesaid, shall be
subject to a fine not exceeding twenty-five dollars, and also

As amended by Law Rev, Ord., 1924.





in the case of a continuing offence to a further fine not
exceeding ten dollars for every day after the first during
which such offence continues.

Rules.

36.-(1) Subject to the provisions of this Ordinance, it
shall be lawful for the Governor in Council to inake rules
for any of hte following purposes:-

(a) for regulating the working of the tramway

(b) for regulating the use of the warning apparatus affixed
to the cars;

(c) for providing that the cars shall be brought to a stand
at such places and in such cases of impending danger as the
Governor in Council may deem proper for securing safety;


(d) for regulating the entrance to, exit from, and accom-
modation in the cars, and the protection of passengers froni
the machinery of any car -used on the tramway

(e) for regulating the rate of speed of the cars : Provided
that the speed as regards Sections Nos. 1, 2, 3, 4 and 5 shall
not (unless another rate be authorised by the. Governor in
,Council under the authority of this paragraph) exceed the rate
of 15 miles an hour, and, as regards Sections Nos. 6 and 7 , shall
not exceed the rate of 20 miles an hour, and that no cars
may pass through movable facing points at a pace exceeding
the rate of 4 miles an hour;

for the stopping of cars using the tramway;

(g) fox-providing for the due publicity of all rules relating
to the tramway by exhibition thereof in conspicuous places; (h) fol. providing for the safet of the public in all cases

in which it shall appear to the Governor in Council that such
safety is, or is likely to be, endangered or imperilled.
(2) Subject to, the provisions of this Ordinance and to its
furnishing to the Governor in Council a true copy of every
rule which it proposes to make one month at least before
the same is made, or such period less than one month as the
Governor in Council may agree to, it shall be lawful for the
company to make rules-

As amended by No. 34 of 1915 and Law Rev, Ord., 1924.





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

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

(3) Rules made by the Governor in Council or by the
company shall come into operation one month after their
publication in the Gazette, or within such shorter period
after thier publication in the Gazette as the Governor in
Council may order.

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

Wheels and width of cars.

38. The company may use on the tramway cars with
..flange-wheels, or wheels suitable only to run on the rails of
the tramway, and, subject to this Ordinance, the company
shall have the exclusive use of the tramway for cars with
flange-wheels or other wheels suitable only to run on the
said rails, and no car used on the tramway shall exceed six
feet and six inches in width.

Power to sell.

39. Subject to the approval of the Governor in Council,
the company may sell or assign the whole of its undertaking
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 termsand conditions in all
respects, as the company shall think fit, with power at any
such sale to fix a reserve price for, or buy in the same; and
when any such sale or as . signment has been made and
completedall the rights, powers, authorities, obligations and
liabilities of the company in respect to the undertaking shall
be transferred to, vested in and may be exercised by and
shall attach to the person to whom the same have been sold
or assigned, in like manner as if the undertaking had been
constructed by such person under the powers conferred upon
him by this Ordinance, and in reference to the sarne he shall.





be deemed to be the company and to be subject in all respects
to the provisions of this Ordinance and to any order or rules
made hereunder: Provided that the company may at any
time sell or assign any land, machinery, property, chattel or
effect which is not required for the efficient maintenance
and working of its undertaking.

Power to lease.
40. Subject to the approval of the Governor in Council,
the company may demise or let the whole of its undertaking
to such person, for such terin of years or from year to year
or for any less period, and for such relit and upon such terms
and conditions in all respects as the company shall think fit.
to take effect either in possession or at some future date, and
either with or without a premium as a consideration for such
demise; and when any such demise or letting has been made
the lessee shall be subject in all respects to the provisions of
this Ordinance and to any order or rules made hereunder:
Provided that the company may at any time demise or let
any land, machinery, property, chattel or effect which is not
required for the efficient maintenance and working of its
undertaking.

Power to mortgage.
41. Subject to the approval of the Governor in Council,
it shall be lawful for the company to borrow, money on
mortgage of the whole of its undertaking, and for that
purpose to assign or demise by way of mortgage all its
lands, messuages or tenements, erections, buildings, works,
rolling stock, plant, machinery, chattels and effects, to any
person ' and to enter into all such covenants, provisos,
.declarations and agreements as the company shall think fit
or proper, and any mortgagee in possession shall be subject
.in all respects to the provisions of this Ordinance and to
any order or rules made hereunder.

Rights of Government.
42. The Governor in Council may by order direct that
precedence. over the company and all other persons in the
user of the tramway, or any part thereof, be taken for
defensive or military purposes, or for the passage of troops
and war material, on giving to. the company before, each
occasion of such user three clear days notice, when
practicable.





43. The Governor in Council shall direct the payment to
the company for such user as aforesaid of. such fares and
charges as shall be agreed on, or, if no agreement shall be
come to, then the amount of the fares and charges to be
paid shall be determined upon a special case.

44. Postmen and policemen in the service of the Govern-
ment on duty and in uniform shall be carried free of charge.

Traffic upon the tramway.
45. The tramway may be used for the purpose of convey-
ing passengers, animals, goods, merchandise, commodities,
minerals and parcels.

46. 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 any animals, goods,
merchandise, commodities, minerals or parcels.

Royalties to Government.
47.-(1) The company shall not be required to pay any
royalty for ten years after the tramway has been opened for
public traffic, but in consideration of the rights, powers and
authorities hereby granted or conferred, the company
thereafter shall pay to the Government the following
royalties :-

(a) from and after the expiration of the said ten years,
for the period of twenty-five years, five per cent. per annum
of the, , profits ;

(b)..after the said period of twenty-five years has expired
and for so long as. the company shall exercise their said
rights, powers and authorities, twenty-five per cent. per
annum of the profits.
For the purposes of this section profits shall be the. gross
takings of the company less working expenses, and such
working expenses shall not be deemed to include any
interest or dividends upon any moneys borrowed for the
purposes of the company.

. (2). Any person appointed by the Government as auditor
for the purpose may at all reasonable times inspect the
books, papers and vouchers of the company and take notes
therefrom.





(3) In the event of any dispute arising 'between the
Government and the company as to what is, for the purposes
of this section, the correct amount of the profits of the
company. in any particular year, such amount shall be.
determined upon a special case.

Fares and charges

48. The company may demand and take for every
passenger travelling upon the tramway or any portion
thereof, fares not exceeding the following rates :-
(1) from or to the point where Section No. 1 is authorised
to commence to or from the General Post Office, for an),
distance, for a first class passenger fifteen cents, for a second
class passenger ten cents, aild for a third class passenger
five cents
(2) 'from or to the General Post Office to or from the point
in Shaukiwan Road where Section No. 2 is authorised to
terminate, or to or from the. point in Wongneichong Road
where section No. 5 is authorised to terminate, for any
distance, for a first class passenger fifteen cents, for a
second class passenger ten cents, and for a third class
passenger five cents;

(3) from or to the point in Shaukiwan Road where Section
No. 6 is authorised to commence to or from the point in
Shaukiwan Road where Section No. 7 is authorised to ter-
minate, for any distance, for a first class passenger twenty
cents, for a second class passenger fifteen cents, and for a
third class passenger five cents.

A list printed in the English and Chinese languages of all
the fares and charges authorised to be taken shall be exhibited
in a conspicuous place at the offices of the company, and
inside every car -used upon the tramway: Provided that if
there be any Variation between the English and Chinese
prints of the said list, the English print thereof shall prevail.

49.-(1) The company shall during such period prior to
the hour of 7 a.m. and subsequent to the hour of 5 p.m. as
shall be prescribed by by-laws to be made under the provisions
of this section carry as passengers on all cars running during
such period at fares not exceeding two cents for a single

AS amended by No. 34 of 1915.
As amended by No. 17 of 1913 and Law Rev, Ord,, 1924.





journey all bona^ fide workmen who reside outside of the City
of Victoria who produce to the conductor of the car work-
.men's tickets, purchased under the provisions of sub-section

(2) The workmen's tickets referred to in sub-section (1)
shall only be sold to bona^ fide workmen residing outside
the City of Victoria. Such sale shall be made under such
conditions as shall be prescribed by by-laws to be made
under the provisions of this section.

(3) The company shall during the period referred to in
sub-section (1) maintain a service of cars adequate for the
carriage of all workmen who may hold workmen's tickets
under the provisions of this section and for the carriage of
ordinary passengers.

(4) It shall be lawful for the company to make and the
-company shall make by-laws providing for-

(a) the persons who shall be entitled to be classed as
bond fide workmen;
(b) the place or places where workmen's tickets may be
purchased

(c) the conditions under which workmen's tickets may be
purchased;

(d) the evidence which shall be produced to shew that
any person producing a workman's ticket is the person to
Whom the same has been sold;

(e) the period in the morning and evening during which
such workmen's tickets shall be available;

(f) the length of a journey which shall constitute a single
journey within the provisions of sub-section (1) ;

(g). the prevention of the use of a worknian's ticket by a
,person other than the workman to whom it was sold; and

(h) penalties for the infringement of any by-law made
hereunder: Provided that no such penalty shall exceed the
sum of ten dollars in respect of a single offence.
(5) All by-laws made by the company under the provisions 1
of this section shall be submitted to the Governor in Council
for approval and, if so approved, shall come into operation
,one month after the date of their publication in the Gazette.





(6) If any complaint is made to the Governor in Council
that the service of cars provided by the company in accord-
ance with the provisions of sub-section (3) is inadeqiiate for
the purposes of this section, the Governor in Council shall
have power to inquire into such complaint and, after hearing
the company or its representative in regard thereto, may, if
satisfied of suel inadequacy, regulate such service in such
manner as may- in the opinion of the Governor in Council be
necessary to render the same adequate for the purposes of
this section.
(7) The company may from time to time cancel, alter or
add to any by-laws made by it under the provisions of this
section. Any such cancellation, alteration, or addition shall
be submitted to the Governor in Council for approval and, if
approved, shall come into operation one month after the date
of their publication in the Gazette.

(8) In the event of the company failing to make by-laws or
making by-laws under the provisions of this section which
shall not be approved by the Governor in Council, it shall be
lawful for the Governor in Council to make all such by-laws
as may be required under the provisions of this section, and
any such by-law so made shall be of like force and eflect as
if made by the company under the provisions of this section.

50. Separate cars or separate accommodation shall be
provided by the company for Chinese third class passengers.

51. The company shall not be bound to find accommoda-
tion for any :passenger in or on any car in or on which the
accommodation is fully taken up, notwithstanding that such
passenger may have purchased a ticket entitling him to
travel upon thoe tramway.
[s. 52, rep. No. 34 of 1915.]

53. No passenger may take on the tramway personal
luggage other than small hand-baskets, bags, or parcels, no
one of which shall exceed sixteen pounds in weight, or one
cubic foot in measurement. All such personal luggage
shall be carried by hand, and at the responsibility of the
passenger, and shall not occupy any part of a seat, nor be
of a form or description to annoy or inconvenience other
passengers.
As amended by No. 34 of 1915.





54. The company may dernalid and take in respect of
any animals, goods, merchandise, commodities, minerals or
parcels conveyed by them on the tramway, except as is 'by
Ordinance specially provided, charges not exceeding
specified in Schedule B, subject to the rules therein
ined.

55. The said fares and charges shall be paid to such
persons and at such place and in such manner as the
charges, appoint.

Abandonment of undertaking.

56. If the company abandons its undertaking or any part
thereof and takes up the tramway or any portion thereof, it
shall, with all convenient speed, and in all cases within
eight weeks at the inost (unless the Director of Public
,Works otherwise consents in writing) fill. in the ground and
make good the surface, and, to the satisfaction of the
Director, of Public Works, restore the portion of the road
upon which the tramway, or such portion thereof as shall be
,abandoned, was Jaid, to a good condition, and shall. clear
away surplus paving or metalling material or rubbish
occasioned by such work, and shall in the meantime cause
the place where the road is opened or broken up to be
fanced and wateched and to be poroperly lighted at night:
Provided that if the company fails to comply with the
provisions of this section the Director of Public Works may
at any time, after seven days notice to the company, remove
the tramway and do the work necessary for the restoration
of the road to the extent provided for in this section, and
the expense incurred by him in so doing shal be repaid by
the company.

Offences.

57. Every person who contravenes any of the provisions
of this Ordinance for which no penalty is specially provided,
or wilfully obstructs any person acting under the authority
of the company in the lawful exercise of any of the powers
hereby conferred, or defaces or destroys any mark made for
the purpsoe of setting out the line of the tramway, or


As arhended by Law Rev. Ord., 1924.





damages or destroys any property of the company, shall
be liable to a fine not exceeding five hundred dollars.

58. Every person who wilfiffly . and without lawful
excuse------

(1) interferes with, renioves, or. alters, any part of the
trainway, or of the'works connected therewith ; or
(2) places or throws any stone, dirt, wood, refuse, or other
material on any pA.rt of the tramway ; or

(3) does,'or causes to be done, anything in such manner
as to obstruct any car 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 proceedings by way of
indictment or otherwise to which he may be subject) to a.
fine not exceedlug one thousand dollars, and in default of
payment to imprisonment for any term not exceedingg twelve
Months.

59. Every person- who,--
(1) while travelling or after having travelled in any car,
avoids or attempts to avoid payment of his fare; or
(2) having paid his fare for a certain distance, knowingly
and wilfully proceeds in any ,such car beyond such distance
and does not pay or tender the additional fare for the
additional distance, or attempts to avoid payment thereof;
or
(3) knowingly or wilfully refuses or neglects, on arriving
at.the point to which he has paid his fare, to quit such car,
shall be liable to a fine not exceeding ten dollars.

60. It shall be lawful for any officer or servant of the
company, and for any person called by him to his assistance,
to seize any person whom. such officer or servant may have
reasonable grounds for believing to have committed any
offence against this Ordinance or against any rule made
thereunder,, and to detain such person. until he can be

As amended by Law Rev. 0 rd, 1 C4.
As amended by No. 34 of 191.5.





handed over to a police officer, and any police officer to
whom any person is so handed over shall detain any such
person until he can conveniently be brought before a
magistrate: Provided that it shall be lawful for any police
officer in his discretion to release such person upon being
furnished by such person with his true name and true
address in the Colony.

61. No person shall be entitled to carry or to require to
be carried on the tramway any dangerous goods as defined
by the Dangerotis Goods Ordinance, 1873, and every porson
who sends by the tramway any such goods without distinctly
marking their nature on the ouiside 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 line
not exceeding one hundred dollars, and it shall 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.

62. Every person who (except under the authority of
this Ordinance) uses the tramway with carriages, cars or
vehicles having flange-wheels or other wheels suitable to
.run on the rail of the tramway, shall be liable to a fine not
exceeding one hundred dollars.
[ss. 63, 64, 65, 66, 67, 68 and 69, rep. No. 8 of 1912.1

Miscellaneous.
70. Every fare, charge, penalty or forfeiture imposed
by this Ordinance the recovery of which is not otherwise
provided for, may be recovered before a magistrate, and on
complaint being made to a magistrato he shall issue a sum
,mons requiring the party complained against to appear before
any niag15trate at a lime and place to be named in such snin
mons, and every such summons shall be served on the party
.offending either in person or by leaving the same with some
inmate athis usual or last-known place of abode, and, upon
the appearance of the party complained against, or, in his
absence, after proof of the due service of such summons, it
shall be lawful for any magistrate to proceed to the hearing
of the complaint although no information in writing shall

0 As amended by Law Rev. Ord., 1924,





have been exhibited before him, and, upon proof of the,
offence, it shall be lawful for such magistrate to convict
the offender and to order him to pay such fare, charge,
penalty or forfeiture, as well as such costs attending the
conviction, as he shall think fit.

71. If forthwith, upon any such adjudication as aforesaid,
the amount of the fare, charge, penalty or forfeiture, and
of such costs as aforesaid be not paid, the amount thereof
shall be levied by distress, and any magistrate shall issue his
warrant of distress accordingly. The said amount shall be
levied by distress and sale of the goods and chattels of the
party liable to pay the same, and the overplus arising from
the sale of such goods and chattels, after satisfying the
amount due and the expenses of the distress and sale, shall
be returned on demand to the party whose goods have been
distrained.

72. The magistrate by whom any such penalty or forfei-
hre shall be imposed may, where the application thereof is
not otherwise provided for, award one moiety thereof to the
informer or party prosecuting or complaining.

73. No distress levied, by virtue of this Ordinance shall
be.deemed unlawful, nol. shall any party makino. the same be
deemed a trespasser, on account of any defect or want of
form in the summons, conviction, warrant of distress or other
proceeding relating thereto, not shall such. party be deemed
a trespasser ab initio on account of any. irregulatity after-
wards committed by him, but all persons aggrieved by such
defect or irregularity may recover full satisfaction for the
special damage in a civil action.

74. No person shall be liable to the paynlent of any fare,
charge, penalty or forfeiture imposed by virtue of this Ordi-
liance for any offence. made cognizable before a magistrate
-unless the complaint respecting such offence shall have been
made before such magistrate within six months next after
the commission of such offence.

75.-(1) It shall be lawful for any magistrate to summon
any person to appear before him or any other magistrate as
a witness in any matter in which a magistrate has jurisdic-

As araended by Law Rev. Ord., 1924,





tion -under the provisions of *this Ordinance, at a time and
lace mentioned in such summons, and to administer to him
an oath to testify the truth in such matter.

'(2) Every person who,-

(a) having . been so summoned, reftises or neglects, witliont,
reasonable exciise, to appear it the time and place appointed
for that purpose, having been paid or tendered a reasonable
sum for his expenses; or

(b) having so appeared, refuses to be examined upon oath
or to give evidence before such magistrate,

shall be liable.to a fine not exceeding fifty dollars.

'76. The magistrate before. whom any person shall be
convicted of any ofience against this Ordinance may cause
the conviction to be drawn up according to the form in

77.No roceeding before a magistrate in purstlance of
this Ordinance shall be quashed or vacated for want of form
or removed by certiorart or otherwise into the court.

78. Every party who feels aggrieved by any determination
or adjudication of any magistrate with respect to any fare
charge, penalty or forfeiture under the provisions of this
Ordinance, may appeal under the provisions of and in man-
mer provided by any Ordinance relating to appeals from a
magistrate.

79. The company shall be answerable for all accidents,
mages and injuries ha ' ppening through its act or default,
through the act or default of any person in its employ-
ment by reason or in consequence of any of its works or
cars, and shall save harmless all Departments, and persons.
collectively and individually, and their officers and servants,
from all damages and costs in respect of such accidents,
,damages and injuries.



80. Notwithstanding anything in this Ordinance contained,
the company shall not acquire any right other than that of
user of the roads along or across which the trainway is laid.

As amended by Law Rev. Ord., 1924.





81. Nothing in this Ordinande shall limit the powers of
the police to. regulate the passage of any traffic along or
across any public road along or across which the tramway is
laid down, and the police may exercise their powers as well
on as off the tramway, and with respect as well to the traffic
of ' the company as to the traffic of other persons, and in
particular nothing in this Ordinance shall limit the power of
the Captain Superintendent of Police under any Ordinance
to make regulations with reference to traffic.

82. Nothing in this Ordinance shall take away or abridge
the right of the public to pass along or across eveTy ol, any
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 flange-wheels suitable only to run on
the rail of the tramway.

83. The powers and privileges given by this Ordinance

are so given saving and reserving always the rights of His
Majesty, and of those claiming by, from, or under him.

84. Nothing in this Ordinance shall exonerate the company
from any indictment, action or other proceedings for nuisance
in the event of any nuisance being caused or permitted by it.

SCHEDULE A. [ss. 32 and 35,1

RULES,

In the following rules

Current means an electric current exceeding o ne- thou sand th part of
one ampere.

* Energy means electrical energy.
c

* Generator means the dynamo or dynamos or otber electrical apparatus
used. for the generation of energy.

Motor means any electric motor carried on a car and used for the
conversion.of energy.

'Pipe means any gas or water pipe, or other metallic pipe, structure,
or substance.

Wire means any wire or apparatus used for telegraphic, telephonic,
electrical signalling,,or other similar purposes.






1. Any dynamo used as a generator sball be of such pattern and con-
struction as to be capable of producing a continuotis current without
appreciable pulsation.

2. One of the two conductors used for transmitting energy from the
generator to the motors shall be in every case insulated front earth, and is
hereinafter referred to as the ,line; the other may be insulated
throughout, or may be uninsulated in such parts and to sucli extent as is
provided in the following rules, and is hereinafter referred to as the
return

3. Where any rails, on which cars run, or any conductors laid between
or within three feet of such rails, form any part of a return such part may
be uninsulalted. All other returns or parts of a return shall be insulated,
unless of such sectional area as will reduce the difference of potential
betiveen the ends of the uninsulated portion of the return below the limit
laid down in rule 7.

4. When any uninsulated conductor laid between or within three feet of
the. rails forms any part of a return, it shall be electrically connected to the
rails at distances apart not exceeding one hundred feet by means of copper
strips having a sectional 'area of at,least one-sixteenth of a square inch, ot.
by other means of equal conductivity.

5. When ally part of a return is uninsulated, it shall be connected with
the negative terminal of the generator, and in such case, the negative
terminal of the g~nerator shall also he directly connected, through the
current indicator hereinafter mentioned, to two separate eartli connexions
which shall be placed not less than twenty yards apart: Provided that in
place of such two earth connexions the company may Make one connexion
to a main for water supply of not less than three inches internal diameter,
with, the consent of the owner thereof and of the person supplying the

.water, and provided that where, front the nature of the soil or for other
reasons the company can show to the satisfaction of an inspecting officer
of the Government that the earth connexions herein specified cannot bc
constructed and mainthined without undue expense, the provisions of this
rule shall not apply. The earth connexions referred to in this rule shall
he constructed, laid, and maintained so as to secure electrical contact witb
the general mass of earth, and so that an electro-motive force, not exceeding
four volts, shall suffice to produce a current of at least two amperes from
one earth cennexion to the other. through the earth, and a test shall be
made. at least once', in every. month to ascertain whether this requirement is
complied with. No portion of either earth connexion shall be placed
within six feet of any pipe except a main for water supply qf not. less
than three internal diameter which is metallically connected to tile
earth connexion with the consents hereinbefore specified.

6. When the return is partly or entirely uninsulated the company shall
in the construction and maintenance of the tramway- (a)so separate the
upinsulated return from the general muss of earth, anti from ally pipe in
the vicinity : (b) so connect together the several lengths of the rails :
(c) adopt such means for reducing the dilferetace produced by the current
between the potential of the uninsulated return at any other point . and
(d) so maintain the efficieney ofAhe enrth connexions specified in the
precedign rules, as to fulfil the following conditions, viz:-




(i) that the current passing from the earth connexions through the
indicator to the generator shall not at any time exceed either two amperes
per mile of single tramway line, or five pet. cent. of the total eurrent out,-
put, of the station.

(ii) that if at any tinic and lit any place a test be made by connecting a

galvanometer or other current-indicator to the uninsulated return to ally
pipe in the vicinity, it shall always be possible to reverse the direction of
ally current indicated hy interposing a battery of three Leclanche cells
connected ill series if the direction of the current is from the return to the
pipe, or by interposing one Leclanche cell if the direction of the Current is
from the pipe to the return.

In order to provide a continuotis indication that the condition (i) is
complied with, the corriphtly shall place in a conspicuous position a suitable
properly connected and correctly marked current-indicator, and shall keep it
connected during the whole time that the line is charged.

The othere of any such pipe may require the company to permit him at
reasonable times and intervals to ascertain by test that the conditions
specified in (ii) are complied with as regards his pipe.

7. When the return is partly or entirely uninsulated a continuous record
shall be kept hy the company cif the difference 'of potential during. the
ivorking of the tramway Rtween the points of the uninsulated return
furthest from and nearest to the trenerating station. If at any time Such
difference of potential exceeds the limit of seven volts, the company shall
take immediate steps to reduce it, below that limit.

8. Every electrical connexion with any pipe shall be so arranged as to
adinit. of easy examirintion, and shall be tested by the company at least
otice in every three months.

9. Every line and every insulated return or part of a return except any
feeder shall be consiructed in sections not, exceeding one-half of mile in
len-th, and means shall be provided for insulating each such section for
purposes of testin,-.

10. The insulation of the line and of the return when insulated, null of
a11 feeders and other conductors shall be so maintained that the leakage
current shall not exceed one-hundredth of an ampere per mile of tramway.

The leakage current shalt be ascertained daily before or after the hours of
running when the line is fully charged. If it any tirne it should be found
that the leakage current exceeds one-half of' in ampere pet. inile of
tramsyny, the leak sliall be localised and rernoved us soon as practicable and
the running of the cars shall be stopped unless the leak is localised and
removed within twenty-four hours . Provided that. where hoth line
and return tire placed within a conduit this regulation shall not apply, '

11. The insulation resistance of all continuously insulated cables used
for lines, for insulated returns, for feeders ol. for other purposes, and laid
below the surface of tile ground, shall not be permitted to fall below the
equivalent of ten megolims for a length of one mile. A test of the insula-
tion resistance of all such cables shall be niade at least once in each month.

12. Where in. any case in any part of the tramway the line is erected
overhead and the return is laid on or under the ground, and where any
wires have been erected or laid before the construction of the trarnway in





the same or nearly the sarne direction as such part of the tramway, the
company shall, if required so to do by the owners of such wires or any of
them permit such owners to insert avid maintain in the company's line one
the purpose or other apparatus approved by the company for
in which the company witholds its approval of any such apparatus the
owners may appeal to the Governor in Council, who may, if be thinks fit,

13. Any return shall be placed parallel to and at a distance
not exceeding three feet from the line when the line and return are both
erected overhead, or eighteen inches when they are both laid underground.
14. In the disposition, connexions, and working of feeders tile company
shall take all reasonable precautioins to avoid injurious interference with
any existing wires.
15. The company shall so construct and maintain their system as to
secure good contact between the motors and the line and return respectively.
16. The company shall adopt the best means available to prevent the
occurrence of undue sparking at the rubbing rolling contacts in all place
and in the construction and lise of their generator and motors.
17. lu working the cars the current shall be varied as required by
means of a rheostat containing at least twenty sections or by some other
equally efficient method of gradually varying resistance.
18. The company shall, so far as may be applicable to their system of
working, keep records as specified below. These records shall, if and when
required, be forwarded for the information of the Governor in Council.

Daily 9,eeoi.ds,
Number of cars running.
Maximum workina current.
Maximum working pressure.
Maximum current from the earth connexions (vide rule 6 (i)).
Leakage current (vide rule 10).
Full of potential in returen (vide rule 7).

Monthly records.
Condition of earth connexions (vide rule 5).
Insulation resistance of insulated cables (vide rule 11).

QuarteAy records,
Conductance of joints to pipes (vide rule 8).

Occasional i.ecords.
Ally test made under the provisions of rule 6 (ii).
Localisation and removal of leakage, stating time occupi (1.
Particulars of any abnormal occurrence affecting the electric working of
the tramway.





T
SCHEDULE B. 54.]

CHARGES FOR ANIMALS, GOODS, &C.

Animals. Per mile.

For every horse, raule, or other beast of draught ot. burden,
per head .........................12cents,
For every ox, cow, bull ot, licail of cattle, pet. head 12 17
For every calf, piu, sheep, dog, ot. other sinall animal, pet.
head .............................10 15

Goods and minerals.

For all coals, coke, culin, charcoal, cannel, limestone, chalk,
linte, salt, sand, fire clay, chiders, dung, compost, and all
sorts of manure, told all undressed mawrials for the re-
pair of public roads or highways, per ton 20

For all iron, iron ore, pig-iron, bar-iron, rod-iron, sheet-iron.
hoop-iron, plates of iron, slabs, billets and rolled iron.
bricks, slags and stone, stones for building, pitehing and
paving, tiles, slates and clay fire clay), tuld for
wrought-itron not otherwies specially classed hercin,
aud for heavy iron castings, including railway chnirs,
per ton ..........................2o

For all sugar, grain, corn, flour, hides, dye-woods' carth-

enware, timber and Metals (except iron), nails, anvils,
vices and chains, and for light iron castings, per ton 20

For cotton and other wools, drup (except opium), and

manufactured goods, and all other wares, merchandise,
fish, articles, matters ot. things, per ton 30
Z5
For opium, pet. chest .............20

Small parcels.

For every parcel not exceeding 7 pounds in weight, cach 5


For any parcel exceeding 7 pounds and not exceeding 14
n 11
pounds in weight, each ...........10
C
For any parcel exceeding 14 pounds and not exceeding
28 pounds in weight, each ........15
For any parcel exceeding 28 pounds and not exceeding
56 pounds in weight each ......20

For any parcel exceeding 56 pounds in weight, such sum us
the company )nay think fit.





Provided always that articles sent in large aggregate quantities, although

rna,Ie up in separate parcels such as bags of sugar, coffee, meal, and the
like, shall not be deemed small parcels, but that term shall apply only to
single parcels in separate packages.

Rules as to the charges mentioned in this Schedule

A fraction of a mile beyond an integral number of miles shall be deemed
a mile.

Tor a fraction of a ton the company may demand and take charges
according to the number of the quarters of a ton in such fraction, and if
there be a fraction of a quarter of a ton such fraction shall be deemed a
quarter of a ton.

With respect to all articles except stone and timber, the weight shall be
determined according to the usual avoirdupois weight.

With respect to stone and timber, 14 cubic feet of stone, 50 cubic feet of'
China fir or Singapore cedar, and 40 fact. of any other timber, shall be
deemed one ton weight, and so in proportion for any smaller quantity.

SCHEDULE C. Is. 76.]

Forin, of conviction.
llongkong Lo wiL.

13c it rellicuffiered 11:11, oil Llic day of in the
year of Our Lord, 10 (A. B.) is convicted
1)efore (C.D.) a ma-istrate f& the
Colony of Hongkong. [here describel the offence generully and the time
and plape when and where committed] contrary to the Tramway Ordi-
hance, 1902.

Given undor my hand and seal the day and year first above written.



No. 11 of 1902 incorporated in No. 15 of 1901.

No. 12 of 1902, repealed by No. 15 of 1908.

No. 13 of 1902, repealed by No. 8 of 1912.

No. 14 of 1902, repealed by No. 10 of 1903.

incorporated i To. 7 of 1875.
No. 15 of 1902
No. 16 of 1902 and No. 17 of 1902 repealed by
No. 8 of 1912.
[Originally No.10 of 1902. No.17 of 1913. No. 34 of 1915. Law Rev. Ord., 1924.] Short title. Interpretation. [cf. No. 3 of 1901.] Construction and route of tramway. [s. 3 contd.] Plans. Power to lay single line where double line authorised, and to reconvert into double line. Powe to widen bridges, etc. Power to make additional crossings, etc. Power to lay down sea water pipes. Position of Sections in road. Gauge of tramway. Power to break up roads. Completion of works, and restoration of road. Further provisions as to construction of tramway. Respair of roads on which tramway laid. Maintenance and level of rails. Roads to be watered. Temporary tramways may be made when necessary. Application of road materiuals excavated in construction of works. Protection of Departments and persons. [s. 19 contd.] Protection of sewer, etc. Protection of Government or telegraph cables or lines. Rights of Departments, etc., to open roads. Differences between company and others (other than the Director of Public Works). Difference between company and Director of Public Works. Tramway not to be opened until certified fit for traffic. Procedure when public not afforded full benefit of tramway. Procedure on non-compliance with order. Discontinuance of tramway. Proceedings in case of insolvency of company. Purchases by Government of tramway. Motive power. Schedule A. Construction of cars. Powers to authorities to inspect cars, etc. Penalty for using electric power contrary to Ordinance. Schedule A. Rules. Penalties may be imposed in rules. Wheels and width of cars. Power to sell. Power to lease. Power to mortgage. Rights of Government in military emergency. fares , etc, to be paid in such emergency . Postmen and policemejn jon duty and in unform free. Traffic upon tramway . Company may refuse to carry certain goods. Royaleis . fares for passengers. Cheap tickets for workmen. workmen's tickets; conditions of sle . Workmen;s car service to be adequate for ordinary traffic as well as for workmen . Company to make by-laws as to definition of workmen and sale and issue of tickets. By-laws to be approved by the governor in council . if service inadequate, governor in council to have power, after inquiry , to rerctify inadequacy . Company to have power to amend by-laws or by-laws made it not approved by governor in council , governor in council to have power to make by-laws. Separate car for chinese third class passengers. if cars full, company not bound to carry . passengers' luggage. charges for animas and goods . Schedule B. payment of sares and charges. On abandonment , road to be restored . Breach of provisions of ordinance , etc. further offences . [cf. No . 10 of 1886.] futher offences : power to detain persons who commit offences . penalty for bringing dangerous goods on tramway. Ordinance no. 1 of 1873. Penalty for using tramway with flangewheeled carrages, etc. recovery of fares, etc. distress. Application of penalties . Distrees not unlawful for want of form ,. Fares , etc, to be sued for within six months. Powerto summon witnesses. form of conviction schedule C. proccedings not to be quashed for want of form appeal . [[cf. No. 3 of 1890.] company to be responsible fro all damage through its act or default. Right of user fo roads only acquired. power to police to regulate traffice. Rights fo public reserved. Saving of rights of the crown . Company not exempted from proceedings for nuisance.

[Originally No.10 of 1902. No.17 of 1913. No. 34 of 1915. Law Rev. Ord., 1924.] Short title. Interpretation. [cf. No. 3 of 1901.] Construction and route of tramway. [s. 3 contd.] Plans. Power to lay single line where double line authorised, and to reconvert into double line. Powe to widen bridges, etc. Power to make additional crossings, etc. Power to lay down sea water pipes. Position of Sections in road. Gauge of tramway. Power to break up roads. Completion of works, and restoration of road. Further provisions as to construction of tramway. Respair of roads on which tramway laid. Maintenance and level of rails. Roads to be watered. Temporary tramways may be made when necessary. Application of road materiuals excavated in construction of works. Protection of Departments and persons. [s. 19 contd.] Protection of sewer, etc. Protection of Government or telegraph cables or lines. Rights of Departments, etc., to open roads. Differences between company and others (other than the Director of Public Works). Difference between company and Director of Public Works. Tramway not to be opened until certified fit for traffic. Procedure when public not afforded full benefit of tramway. Procedure on non-compliance with order. Discontinuance of tramway. Proceedings in case of insolvency of company. Purchases by Government of tramway. Motive power. Schedule A. Construction of cars. Powers to authorities to inspect cars, etc. Penalty for using electric power contrary to Ordinance. Schedule A. Rules. Penalties may be imposed in rules. Wheels and width of cars. Power to sell. Power to lease. Power to mortgage. Rights of Government in military emergency. fares , etc, to be paid in such emergency . Postmen and policemejn jon duty and in unform free. Traffic upon tramway . Company may refuse to carry certain goods. Royaleis . fares for passengers. Cheap tickets for workmen. workmen's tickets; conditions of sle . Workmen;s car service to be adequate for ordinary traffic as well as for workmen . Company to make by-laws as to definition of workmen and sale and issue of tickets. By-laws to be approved by the governor in council . if service inadequate, governor in council to have power, after inquiry , to rerctify inadequacy . Company to have power to amend by-laws or by-laws made it not approved by governor in council , governor in council to have power to make by-laws. Separate car for chinese third class passengers. if cars full, company not bound to carry . passengers' luggage. charges for animas and goods . Schedule B. payment of sares and charges. On abandonment , road to be restored . Breach of provisions of ordinance , etc. further offences . [cf. No . 10 of 1886.] futher offences : power to detain persons who commit offences . penalty for bringing dangerous goods on tramway. Ordinance no. 1 of 1873. Penalty for using tramway with flangewheeled carrages, etc. recovery of fares, etc. distress. Application of penalties . Distrees not unlawful for want of form ,. Fares , etc, to be sued for within six months. Powerto summon witnesses. form of conviction schedule C. proccedings not to be quashed for want of form appeal . [[cf. No. 3 of 1890.] company to be responsible fro all damage through its act or default. Right of user fo roads only acquired. power to police to regulate traffice. Rights fo public reserved. Saving of rights of the crown . Company not exempted from proceedings for nuisance.

https://oelawhk.lib.hku.hk/items/show/1204

1923

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