TRAMWAY ORDINANCE, 1902

TRAMWAY ORDINANCE, 1902

No. 10 of 1902.

An Ordinance,for authorizing the construction. of a tramway.

[23rd.May, 1902.]

[Preamble, rep. Law Revision Ordinance, 1939.]

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

2. In this Ordinance,

(a) 'Car' includes all cars and trucks used upon the
tramway;

(b) 'The company' means Hong Kong Tramways
Limited;

(c) The court means the Supreme Court;

(d) Department ' includes the War Department, the
Admiralty, and the Hong Kong Government;

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

(f) ' Road ' means any. roadway over which the tramway
passes, and the roadway of any bridge forming part of or leading
to the same;

(g) ' Section ' means a section (as hereinafter described)
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 ' means the works
or undertaking of whatever nature herein authorized to be
executed.

The rules formerly contained in Schedule A to this Ordinance have been
transferred to the corresponding volume of the. Regulations of Hong
Kong (1937 edition).
As amended by Law Rev. Ord., 1939.





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 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 authorized 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 easterly direction, along, Catchick Street, terminating at
the point where this Section is authorized to commence;

Section No. 2.-A double line 4 miles 3 furlongs 4.5 chains
(or thereabouts) in length, commencing by junction with
Section No. I at the point where such Section is authorized to
terminate, thence passing, in easterly, north-easterly and southerly
directions, along Catchick Street, Praya Kennedy Town, Des
Voeux Road and Connaught Road to the junction of Connaught
Road with Morrison Street. From this point Section No. 2 is
authorized to divide, one line passing in a southerly direction
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 direc-
tion, along deverly Street to its junction with Des Voeux Road.

As amended by Law Rev. Ord., 1939.





From this point Section No. 2 is authorized to pass, in easterly,
southerly, and north-easterly directions, along Des Voeux Road,
Queen's Road, Arsenal Street, Praya East, Yee Wo Street and
Shaukiwan,Road, terminating in that 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 inter-
section. of the centre lines of Praya East and Tin Lok Lane,
thence passing into'and, in a southerly direction, along Tin Lok
Lane, and terminating 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 thereabouts) west of the
intersection of the centre. lines of Praya East and Bowrington
Road, thence passing into and, in a southerly direction, along
Bowrington Road to its junction with Sharp Street, thence into
and, in a westerly direction,. along, Sharp Street and terminating
at the point where Section No. 3 terminates;

Section No. 5.-A double. line 3 furlongs .6 chains (or
thereabouts) in length, commenting in Morrison Hill Road by
junction with Sections Nos. 3 and 4 at the point. where such
Sections terminate, thence passing, in a southerly direction,
along Morrison Hill Road and terminating in Wongneichong
Road, at a point fifty feet (or thereabouts) north of the northern-
most point of the building* 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
terminates, thence passing, in an easterly direction, along Shau-
kiwan Road and terminating in that 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 Road by junction with Section No. 6 at the point
where such Section terminates, thence passing, in an easterly





direction, along Shaukiwan Road, and to 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 cernstruct, lay
down and maintain the above Sections, or any of them, in such
other positions along the lines of route shown on the said plans
as the Governor in' Council may approve.

4. The plans hereinbefore referred to are the plans all dated
the 9th day of April, 1901, and 'numbered I to 4,.deposited by
the company in the office of the Director of. Public Works.

5. Where a double line of tramway is hereby authorized to
be laid down and has been constructed, it shall be lawful for the
company, with the consent of the Governor in Council, to lay
down in lieu thereof a single line of tramway and, with the like
consent, at any time thereafter to convert such single line into
the double line hereby authorized 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
of them, at its own expense alter the level of and widen any
bridge, road, street or space along or over which any Section
is hereby authorized 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 after
timely and adequate notification by public advertisement or other
wise of the intention of the company to apply for such approval,
and after such approval has been confirmed by a 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. deposited in the office
of the Director of Public Works, all such lines, crossings,
passing places, sidings, junctions, turn-tables and otherworks in.

For a list of extensions and additions under this section, see the Retula-
tions of Hong Kong (1937 edition).





addition to or as extensions of those particularly specified in and
authorized by this Ordinance as may be approved 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 its 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 may pump
sea water through any such pipes for the 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 ihat, for a continuous distance
of one hundred feet or upwards, a less space than nine feet
intervenes 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 interlacing lines instead of double lines in any
road where the width may not be sufficient to allow a space of
nine feet on either side. Sections Nos.. 6 and 7 shall be con-
structed, laid down and maintained in such positions on the
roads along which they are authorized to be laid down as,may
be approved by the Governor in Council: Provided that the
said last-mentioned 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 shall, before being laid down, be approved' by the
Director of Public Works and shall be laid and maintained

As amended by,Law Rev. Ord., 1939,





in such manner that the uppermost surface 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-

(i) it shall give to the Director of Public Works notice of
its intention, specifying the time at which it will begin to do so,
and the portion of road proposed to be opened or broken up, such
notice to be given seven days at 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,
narnely-

(i) 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, 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 fine not exceerding
one hundred dollars, and. in case of a continuing offence to a
fuither fine not.exceeding twenty five dollars for every day after
the first on which the default continues.

13. In addition to the requirements of section 12, the com-
pany 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

As amended by Law Rev. Ord., 1939.





Works a cross section showing the proposed mode of construct-
ing, Iaying 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 com-
mence 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 he 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 such
materials and in such manner as the Director of Public Works
may 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, the lines being not more
than four feet apart) 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 be a danger or
annoyance to the ordinary traffic, 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 at any
time alters the level of any road along or across which the
tramway is laid, then the company shall,'at its own expense,
alter its rails so that the uppermost surface thereof is on
a level with the surface of the road as, altered, and if the
company makes 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-five dollars for every day after the
first on which such default continues.

As amended by Law Rev. Ord., 1939.





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

17. Where by reason of the execution of any work affecting
the surface or soil of any 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 is temporarily
removed or the use thereof discontinued, give to the company
fourteen days' notice at least of the necessity or expediency of
such temporary removal or discontinuance, and immediately on
receipt of any such notice the company may, subject to such
conditions and rules as the Governor in Council may make,
construct in the same or any adjacent road and, subject as
aforesaid, maintain so long as necessary a temporary tramway
in lieu of the tramway or part thereof so removed or dis-
continued, and the road on which 'such temporary tramway is
laid shall, subject as aforesaid, be maintained so long as neces-
sary 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 may be applied by
tile' company, so far as may be necessary, in or towards the
reinstating of such road, provided such paving, metalling or
material is in the opinion of the Director of Public Works fit
and proper to be used for such purpose, and all surplus paving,
metalling or material not so'used shall.be the property of the
company, and shall be removed by the company with all reason-
able diligence.

19. For the purpose of. making, forming, laying dQwn, main-
taining, renewing, altering, adding to or removing the tramway
or any part thereof, the company may, where it is necessary or
appears expedient for the purpose of preventing frequent inter-
ruption of the traffic by repairs or works in connexion with the
same, alter the position of any mains or pipes for the supply
of gas or water, or any tubes, wires, standards, poles or

As amended by Law Rev. Ord., 1939.





apparatus, for telegraphic, telephonic, electric lighting or any
other purposes, subject to the following restrictions-

(1) Before altering the position of any such mains or pipes,
tubes, wires, standards, poles or apparatus the company 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 err 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 proposed would endanger any
such main or pipe, tube, wire, standard, pole or apparatus, or
interfere with or impede the' supply of water or gas, or the
telegraphic, telephonic, electric lighting or other communica-
tion, 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
necessity therefor shall be settled in manner provided by this
Ordinance for the settlement of differences between the company
and departments or persons.

(3) The company shall not remove or displace any of the
mains or pipes, valves, siphons, plugs, tubes, wires, standards,
poles or apparatus, or other work belonging to any such depart-
ment . 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,
siphons, 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 may approve, until
good and'sufficient mains, pipes, valves, siphons, 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 efficiently as the same was supplied by the mains or
pipes, valves, siphons, plugs, tubes, wires, standards, poles or
apparatus proposed to be removed or displaced, have at the
expense of the company been first made and laid down





in lieu thereof and are 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
may direct.

(4) All 'alterations to be made under this section shall be
made with as little detriment and inconvenience to such depart-
ment or person as the circumstances admit 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, siphons, plugs, tubes, wires, standaras, 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 department
or person, and shall make full compensation to all parties for
any loss or damage which they may sustain 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, by or by reason of its or- his own default, neglect
or omission, has contributed to or assisted 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
through 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 is so interrupted.

20. If the tramway or any works connected. therewith inter-
fere with any sewer, drain, watercourse or subway, or in any
way affect the sewerage or drainage of the Colony the company
shall not commence the construction of the tramway or works
until it has given to the Director of Public Works fourteen days'
previous notice in writing of its intention so to do, and has left

As amended by Law Rev. Ord. 1939.





with such notice all necessary particulars relating thereto, nor
until the Director of Public Works has 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 or substituted works, in such manner as the Director of
Public Works may require, for the proper protection of and
for preventing.injury or impediment to the sewers, drains, water-
courses, subways, sewerage or drainage hereinbefore referred to
by or by reason of the tramway, and shall save harmless the
Director of Public Works against the expense occasioned,
thereby; and all such works shall be done by or under the
superintendence of the Director of Public Works at the cost
and expense of the company, and when any new, altered or
substituted works are 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 him, as any other sewers, drains, water-
courses, subways, sewerage or drainage.

21. If any cable or line used Par the purpose of telegraphic,
telephonic or electric signalling communication, now or here-
after to be constructed and worked in the Colony by a Govern-
ment department, by Cable and Wireless Limited or by the
Great Northern Telegraph Company Limited, or any aerial
or subterranean line connected with any such cable, or the
sheathings, coverings or supports' of any such cable or line,
be injuriously affected by the construction or working of the
undertaking, or by electrolysis or other cause arising or resulting
from the undertaking, the company shall pay the expenses of
all such alterations in or additions to such cable, line, sheath-
ings, 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,
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 ar abridge
any power to open or break up any road along or across which

As amended by Law Rev. Ord., 1939.





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 authorized to do, but in the exercise
of such power all such departments and persons shall be subject
to the following restrictions-

( i ) they shall cause as little detriment or inconvenience to
the company as circumstances admit;

(2) before they -commence any work 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 facilitating such work any
such department or person so requires, the company shall either,
stop traffic on that portion of the tramway to which such notice
refers, where such traffic would otherwise interfere with such
work, or shore up and secure such. portion of the tramway 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 superintend-
ence at the time specified ' in the notice for the commencement
of the work or permanently discontinues the same during the
progress of the work, and such work shall be 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 apparatus for telegraphic, telephonic, electric
lighting or other purposes may belong on the 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 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, 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 companyor 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 with respect to the cost of the maintenance or repair of any
road along or across which the tramway passes, 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
to satisfy the Director of Public Works, or with respect to any
other subject or thing regulated by or comprised in this Ordin-
ance, 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.

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 traffic 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', authorized the same to be opened for
such traffic.
[S. 26, rep. No. 1 Of 1912.]





Insufficient user of tramwdy.

27. If it 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 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 run. Every such order shall be served upon the
company within forty-eight hours after it has 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 management the prescribed service ' will be fairly
remunerative to the company; and that, after the company has
complied with such order for not less than thirty daysi the
Governor in Council may on the application of the company
revoke or modify any such order.

28. If for.the period of three months after the - service of
such order the company fails or neglects, to comply therewith,
the tramway shall be deemed to be a tramway to which all the
provisions of this Ordinance relating to the discontinuance of
the tramway after proof of such discontinuance shall apply, and
it may be dealt with accordingly.

Discontinuance of tramway.

29. If the.company discontinues themorking of the tramway
or of any part thereof foy the space of six months. (such dis-
continuance not being occasioned by circumstances beyond the
control of the company, for which purpose the want of sufficient
funds shall not be considered a circumstance 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 from the date of such
order be at an end, and thereupon the powers of the company

As amended by` Law Rev. Ord., 1939.





shall cease and determine, unless the same are purchased by the
Government in manner by this Ordinance provided. Where
any 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 amount
so certified within two months 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 which he may have for the
recovery of the amount) sell and dispose of the materials of the
tramway or part of the.,tramway removed, either by public
auction or private contract and for such sum and to such
person as he may think fit, and may out of the proceeds of
such sale reimburse himself the amount of the cost certified as
aforesaid and of. the. cost of sale, and the balance, if any, of the
proceeds.of sate shall be paid to the company.

Insolvency of compitny.

30. If it appears to the Governor in Council that the com-
pany 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 insolvent as aforesaid,
may by order declare that the powers of the company shall,
at the expiration of six months from the making of the order
be at an end, and the powers of the company shall cease an~
determine at the expiration of the said period unless the same
are purchased by the Government 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 under section 29.

Purchase of tramway.

-31. The Governor in Council may at the expiration of fifty
years from the 23rd day of May, 1902, or at the expiration of





any subsequent period of five years, or at the, expiration of 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, buildings, 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, duo regard being hdd 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 been made,and completed,all
the rights, powers 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.

32. The 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

As amended by Law Rev. Ord., 1939.





electric power shall be subject to any rules 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 tram-
way. 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 animal power.

33. 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 prohiblit 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 under section 32, shall be subject to a fine
not exceeding twenty-five dollars, and also 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 make rules for any of
the 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;

As amended by Law Rev. Ord., 1939.





(d) for regulating the entrance to, exit from and .'accom-
modation in the cars, and the protection of passengers from 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 authorized 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) for providing for the due publicity of all rules relating
to the tramway by exhibition thereof in conspicuous places;
and

(h) for providing for the safety, of the public in' all cases
in which it appears to the Governor in Council that such safety
is or is likely to be endangered.

(2) Subject to the provisions of this Ordinance and td the
furnishing to the Governor in Council of a true copy of every
proposed rule 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 rtiles-

(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 belong-
ing to the company.

(3) Rules made by the Governor in Council or by the com-
pany shall come into operation one month after their publication
in the Gazette, or within such shorter period after their
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 wi th 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 terms and conditions in all respects, as the
company thinks fit, with power at any such sale to fix a
reserve price for or buy in the same; and when any such sale
or assignment has been made and completed all the rights,
powers, authorities, obligations and liabilities of the company
in respect of 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 same 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 term of years or from year to year or
for any less period, and for such rent and upon such terms and
conditions in all respects, as the company thinks 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 Ordin-
ance and to any order or rules made hereunder: Provided that

As amended by Law Rev. Ord., 1939.





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 moAey 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, buildiAgs, works, rolling stock, plant,
machinery, chattels and effects, to any person, and to enter into
all such covenants, provisos, declarations and agreerrients as
the company thinks 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, when practicable, three clear days'
notice before each occasion of such user.

43. The Governor in Council shall direct the payment to
the company for such user as aforsaid of Such fares and
charges as may be agreed one or if no agreement 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 conveying.
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, mer-
chandise' commodities, minerals or parcels.

As amended by Law Rev. Ord., 1939.





Royalties to Government.

47.-(1) In consideration of the rights, powers and,author-
ities hereby granted or conferred, the company shall pay to the
Government the following royalties-

(a) from and after the 22nd day of September, 1914, for
the period of twenty-five years-five per cent per annum of the
profits;

(b) from and after the 22nd day of September, 1939, and
for so long as the company exercisesits 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 work-
ing 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 Govern.
ment 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 authorized
to commence to or from the Geneyal Post Office, for any dis-
tance-for a first class passenger fifteen cents, for a second class
passenger ten cents and for a third class passenger five cents;

As amended by Law Rev. Ord., 1939.





(2) from or to the General Post Office to or from the point
in Shaukiwan Road where Section No. 2 is authorized to
terminate, or to or from the point in Wongneichong Road
where Section No. 5 is authorized to terminate, for any dis-
tance-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 authorized to commence to or from the point in
Shaukiwan Road where Section No. 7 is authorized to terminate,
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 authorized 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 before the
hour of 7 a.m. and after the hour of 5 p.m. as may be pre-
scribed bv bv-laws 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 journey all bona fide
workmen who reside outside the city of Victoria and produce
to the conductor of the car workmen's tickets purchased under
the provisions of sub-section (2).

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

(3) The company shall during the period referred to in
sub-section (i) 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 compary to make and the
company shall make by-laws providing for-

As amended by Law Rev. Ord., 1939.





(a) the persons entitled to be classed as bona 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 to be produced to show 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 are available;

(f) the length of a journey which constitutes a single journey
within the provisions of sub-section (i)

(g) the prevention of the use of a workman'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 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 accordance
with the provisions of sub-section (3) is inadequate 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 such 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 its 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 are
not 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 effect as if made by
the company under the provisions of this section.

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

51. The company shall not be bound to find accommodation
for any passenger in or on any car in or on which the accom-
modation is fully taken up, notwithstanding that such passenger
may have purchased a ticket entitling him to travel upon the
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.

54. The company may demand and take in respect of any
animals, goods, merchandise, commodities, minerals or parcels
conveyed by it on the tramway, except as is by this Ordinance
specially provided, charges not exceeding those specified in the
Schedule subject to the rules therein contained.

55. The said fares and charges shall be paid to such persons
and at such place and in such manner as the company may, by
notice annexed to the list of fares and 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

As amended by Law Rev. Ord., 1939.





at the most (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 is abandoned was laid, to a good
condition, and shall clear away surplus paving or metalling
matetial or rubbish occasioned by such work, and 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: 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 shall be repaid by the company.

Offences.

57. Every person who commits any ollence against 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 purpose
of setting out the line of the tramway, or damages or destroys
any property of the company, shall be liable to a fine not
exceeding five hundred dollars.

58. Every person who wilfully and without lawful excuse-

(1) interferes with, removes or alters any part of the tram-
way or of the works connected therewith ; or
(2) places or throws any stone, dirt, wood, refuse or other
material on any part 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 indict-
rnent or otherwise to which he way be subject) to a fine not

As amended by Law Rev. Ord., 1939.
See No. 10 of 1886, Second Schedule.





exceeding one thousand dollars and in. default of payment to
imprisonment for any term not exceeding 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 rulemade thereunder, and
to detain such person until he can be 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
virtue of the Dangerous Goods Ordinance, 1873, or any Ordin-
ance amending or substituted for the same, and every person who
sends by the tramway any such goods without distinctly marking
their nature on the outside of the vessel or package containing
the same, or otherwise giving notice in writing to, the book-
keeper or other servant with whom the same are left, at the
time of such sending, shall be liable to a fine not exceeding one
hundred dollars, 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.

As amended by Law Rev. Ord., 1939.





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
rails 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.]

Miscellaneous.

70. Every fare, charge, fine or forfeiture imposed by this
Ordinance or any rule or by-law made thereunder, the recovery
of which is not otherwise provided for, may be recovered before
a magistrate, and the provisions of the Magistrates Ordinance,
1932, shall apply to every proceeding before, and every order
by, a magistrate under this section.

[ss. 71, 72 and 73, rep. Law Revision Ordinance, 1939.]

74. No person shall be liable to the payment of any fare,
charge, fine or forfeiture imposed by virtue of this Ordinance
for any offence made cognizable before a magistrate unless the
complaint respecting such offence has been made before such
magistrate within six months next after the commission of such
offence.

[ss. 75, 76, 17 and 78, rep. Law Revision Ordinance,
1939.]

79. The company shall be answerable for all accidents,
damages and injuries happening through its act or default, or
through the act or default of any person in its employment, by
reason or in consequence of any of its works or cars, and shall
save harmless all departments, and persons collectively and
individu ally, and their officers and servants, from all damages
and costs in respect of such accidents, damages and injuries.

80. Notwithstanding anything in this Ordinance, the com-
pany shall not acquire any right other than that of user of the
roads along or across which the tramway is laid.

81. Nothing in this Ordinance 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, and the

* As amended by Law Rev. Ord., 1939.





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 Commissioner 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 every or 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
rails 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 these 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. [s. 54.]

CHARGES FOR ANIMALS, GOODS, ETC.

Animals.
Per mile.
For every horse, mule or other beast of draught or
burden, per head .................. 12 cents
For every ox, cow, bull or head of cattle, per head 12
For every calf, pig, sheep, dog or other small animal,
per head . ................ ..10

Goods and minerals.

For all coals, coke, culm, charcoal, cannel, limestone,
chalk, lime, salt, sand, fire-clay, cinders, dung,
compost and all sorts of manure, and all undressed
materials for the repair of public roads or
highways, per ton ...............20

As amended by Law Rev. Ord., 1939. Formerly Schedule B. Schedule A
transferred to Regulations. Schedule C, rep. Law Rev. Ord., 1939.






For all iron, iron ore, pig-iron, bar-iron, rod-iron, sheet-
iron, hoop-iron, plates of iron, slabs, billets and
rolled iron, bricks, slag and stone, stones for
building, pitching and paving, tiles, slates and clay
(except fire-clay), and for wrought-iron not other-
wise specially classed herein, and for heavy iron
castings, including railway chairs, per ton 20 cents
For all sugar, grain, corn, flour, hides, dye-woods,
earthenware, timber and metals (exedpt iron).,
nails, anvils, vices and chains, and for light iron
castings, per ton ..................20
For cotton and other wools, drugs and manufactured
goods, and all other wares, merchandise, fish,
articles, matters or things, per ton 30

Small parcels.

For every parcel not exceeding 7-pounds in weight 5
For every parcel exceeding 7 pounds and not exceeding
14 pounds in weight ................10
For every parcel exceeding 14 pounds and not exceeding
28 pounds in weight ................15

For every parcel exceeding ' pounds and not exceeding
56 pounds in weight .......... 20

For any parcel exceeding 56 pounds in weight-such
sum as the company may think fit:

Provided always that articles sent in large aggregate quantities,
although made 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.

For 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 feet of any other timber,
shall be deemed one ton weight, and so in proportion for any smaller
quantity.
[Originally No. 10 of 1902. No. 25 of 1937. Law Rev. Ord., 1939.] 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 authorized, and to reconvert into double line. Power 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. Repair 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 materials excavated in construction of works. Protection of departments and persons. [s. 19 contd.] Protection of sewers, 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.) Differences 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. Purchase by Government. to tramway. Motive power. Construction of cars. Powers to authorities to inspect cars, etc. Penalty for using electric power contrary to Ordinance. 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 policemen on duty and in uniform free. Traffic upon tramway. Company may refuse to carry certain goods. Royalties. Fares for passengers. Cheap tickets for workmen. Workmen's tickets; conditions of sale. Workmen's car service to be adequate for ordinary traffic as well as for workmen. Company to make by-laws as to Governor in Council to have power to make by-laws in certain circumstances. Separate car for Chinese third class passengers. If cars full, company not bound to carry. Passengers' luggage. Charges for animals and goods. Schedule. Payment of fares and charges. On abandonment, road to be restored. Breach of provisions of Ordinance, etc. Further offences. Further offences. Power to detain persons who commit offences. Penalty for being dangerous goods on tramway. Ordinance No. 1 of 1873. Penalty for using tramway with flange-wheeled carriages, etc. recovery of fares, etc. Ordinance No. 41 of 1932. Fares, etc., to be sued for within six months. Company to be responsible for all damage through its act or default. Right of user of roads only acquired. power to police to regulate traffic. Rights of public reserved. Saving of rights of the Crown. Company not exempted from proceedings for nuisance. [Schedule, contd.]

[Originally No. 10 of 1902. No. 25 of 1937. Law Rev. Ord., 1939.] 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 authorized, and to reconvert into double line. Power 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. Repair 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 materials excavated in construction of works. Protection of departments and persons. [s. 19 contd.] Protection of sewers, 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.) Differences 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. Purchase by Government. to tramway. Motive power. Construction of cars. Powers to authorities to inspect cars, etc. Penalty for using electric power contrary to Ordinance. 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 policemen on duty and in uniform free. Traffic upon tramway. Company may refuse to carry certain goods. Royalties. Fares for passengers. Cheap tickets for workmen. Workmen's tickets; conditions of sale. Workmen's car service to be adequate for ordinary traffic as well as for workmen. Company to make by-laws as to Governor in Council to have power to make by-laws in certain circumstances. Separate car for Chinese third class passengers. If cars full, company not bound to carry. Passengers' luggage. Charges for animals and goods. Schedule. Payment of fares and charges. On abandonment, road to be restored. Breach of provisions of Ordinance, etc. Further offences. Further offences. Power to detain persons who commit offences. Penalty for being dangerous goods on tramway. Ordinance No. 1 of 1873. Penalty for using tramway with flange-wheeled carriages, etc. recovery of fares, etc. Ordinance No. 41 of 1932. Fares, etc., to be sued for within six months. Company to be responsible for all damage through its act or default. Right of user of roads only acquired. power to police to regulate traffic. Rights of public reserved. Saving of rights of the Crown. Company not exempted from proceedings for nuisance. [Schedule, contd.]

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