ROPE COMPANY'S TRAMWAY ORDINANCE, 1901

ROPE COMPANY'S TRAMWAY ORDINANCE, 1901

No. 21 of 1901.
An Ordinance to authorize the Hong Kong Rope
Manufacturing Company to construct a tramway.

[15th December, 1901.]

WHEREAS the Hong Kong Rope Manufacturing 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, drid it is
expedient that such powers should be granted, under and
subject to the conditions', restrictions and provisions
hereinafter contained

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

2.-(1) The Hong Kong 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 mentioned,

Enacted in pursuance of an order of the Lords Commissioners of the
Treasury Aated 6th December, 1900





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 authorized by this Ordinance is as
follows-

A partly single and partly double line commencing at
a point (shown on the said plan) near to and.to the south of
the north-east corner of Inland.Lot 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.

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 Works..

4. The tramway shall be constructed on a gauge of two feet
and six inches in idth, and with rails of such material and type

as shall, before being laid down, be approved 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 power and trucks employed thereon, rails, sleepers, turn-
tables, signalling arrangements and substructure, as experience
may suggest, hnving 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-
(i) the company shall give to the Directorof 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 up, such notice to be given seven,days 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 following 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 alteration.of, addition
to or removal of the tramway) fill in the ground, and make
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 to be
properly lighted from sunset to sunrise.
(2) If the company fails to comply with this section, it shall
(without prejudice to the enforcement of the specific perfor-
mance of the requirements of this Ordinance or to any other
remedy against it) be liable upon summary conviction to a fine
not exceeding one hundred dollars, and to a further fine not
exceeding twenty-five dollars for each day during which 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 tram-
way for the time being consists, and the turn-tables and other
appliances used in connexion with the tramway, and.the sub-
structure upon which the same rests, together with the roadway
between the. rails of the 'tramway and so much of the roadway
as extends eighteen inches beyond the 'rails 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 ihe 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 continuing 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 Council to abate and remove the same and
restore the site to its former condition, at the cost of the 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 contact, 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 whom the same has
been sold or assigned, in like manner as if the tramway or part thereof sold'or
assigned was constructed'by such'person under power conferred upon him
by this Ordinance, and in reference to the same he shall be deemed 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 money 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, mortgage all or any portion of
the tramway to any person, and to enter into all such covenants,
provisos, declarations and agreements as the compauy 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 Governor in 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.

13. 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 until the 15th day of December, 1938.,
Provided that. nothing in this section shall be deemed to ' affect or
curtail the power given to the Governor in Council, by the proviso to
the said section, to extend the duration of such rights, powers and
privileges.

14.-(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 tramway and works authorized by this
Ordinance from the company for a price which shall be exclusive of
any allowance for past or future profits of the undertaking or any
compensation 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 month of such cessation as aforesaid, 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. of the company,
and the amount

* As amended by Law Rev. Ord., 1919,





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

15. 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.

16. Nothing in this Ordinance, or in any order made thereunder, shall
take away or abridge the 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 tramwav.

17. The powers and privileges given by this Ordinance are so given
saving and reserving always the rights of His Majesty) and those claiming
by, from or under him, 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 1891,
repealed by No. 10 Of *1931. -

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

Nos. 8 and 9 of 1902, repealed by No. 8 Of 1912

As amended by Law Rev. Ord, 1939.
[Originally No. 36 of 1901. Law Rev. Ord., 1939.] Short title. Power to Hong Kong Rope Manufacturing Company to construct tramway. Plan of tramway. Gauge of tramway. Power to company to break up road, etc. Completion of work and restoration of road. Penalty for not maintaining rails, road, 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 same. 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. Law Rev. Ord., 1939.] Short title. Power to Hong Kong Rope Manufacturing Company to construct tramway. Plan of tramway. Gauge of tramway. Power to company to break up road, etc. Completion of work and restoration of road. Penalty for not maintaining rails, road, 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 same. 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/1479

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