TRAMWAY ORDINANCE

TRAMWAY ORDINANCE

CHAPTER 107.

THE TRAMWAY ORDINANCE.

ARRANGEMENT OF SECTIONS.

Sections. Page
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... 186

2. Interpretation ... ... ... ... ... ... ... ... 186

3. Construction and route of tramway ... ...... ... 186

4. Power to lay single line where double line authorized, and to

reconvert into double line ... ... ... ... ... ... ... ... 187

5. Power to widen bridges, etc . ... ... ... ... ... ... ... ... 188

6. Electricity ... ... ... ... ... ... ... ... .. . ... ... ... 188

7. Power to lay down sea water pipes ... ... ... ... ... ... 188

8. Gauge of tramway ... ... ... ... ... ... ... ... ... ... 188

9. Power to break up roads ... ... ... ... - . ... ... ... ... 188

10. Completion of works, and restoration of road ... ... ... ... 189
11. Further provisions as to construction of tramway ... ... ... 189
12. Repair of roads on which tramway laid ... ... ... 190
13. Maintenance and level of rails ... ... ... ... ... 190
14. Temporary tramways may be made when necessary ... ... ... 190
15. Application of road materials excavated in construction of

works ... ... ... ... ... .... ... ... . ... 191

16. Protection of departments and persons ... ... ... ... ... ... 191
17. Protection of sewers, etc. ... ... ... ... ... ... ... ... ... 193
18. Protection of Government or telegraph cables or lines ... ... 194
19. Rights of departments, etc., to open roads ... ... ... ... ... 194
20. Differences between company and others (other than the

Director) ... ... . 1. . 1 . ... ... ... ... ... ... ... 195

21. Differences between company and Director ... ... ... ... ... 196
22. Tramway not to be opened until certified fit for traffic ... ... 196
23. Procedure when public not afforded full benefit of tramway ... 196
24. Procedure on non-compliance with order ... ... ... ... ... 197
25. Discontinuance of tramway ... ... ... ... ... ... ... ... 197
26. Proceedings in case of insolvency of company ... ... ... ... 198
27. Purchase by Government of tramway ... ... ... ... ... ... 198
28. Motive power ... ... ... ... 1 .. ... ... ... 199
29. Construction of cars ... ... ... ... ... ... ... ... ... ... 199





Sections. Page
30. Powers to authorities to inspect cars, etc . ... ... ... 200
31. Penalty for using electric power contrary to Ordinance ... ... 200
32. Power to make rules ... ... ... ... ... ... ... ... ... ... 200
33. Penalties may be imposed in rules ... ... ... ... ... ... ... 201
34. Wheels and width of cars ... ... ... ... ... ... ... ... ... 201
35. Power to sell ... ... ... ... ... 202
36. Power to lease ... ... ... ... ... ... ... ... ... ... ... 202
37. Power to mortgage ... ... ... ... ... ... ... ... ... ... 202
38. Rights of Government in military emergency ... ... ... ... 203
39. Fares, etc., to be paid in such emergency ... ... ... ... ... 203
40. Postmen and policemen on duty and in uniform free ... ... ... 203
41. Traffic upon tramway ... ... ... ... ... ... ... ... ... 203
42. Company may refuse to carry certain goods ... ... ... ... 203
43. Royalties ... ... ... ... ... ... ... ... ... ... ... ... 203
44. Fares for passengers ... ... ... ... ... ... ... ... ... ... 204
45. Alteration of the rates of fares ... ... ... ... ... ... ... 204
46. Chinese third class passengers ... ... ... ... 205
47. If cars full, company not bound to carry ... ... 20.5
48. Passengers' luggage ... ... ... ... ... ... ... ... ... ... 205
49. Payment of fares ... ... ... ... ... ... ... .. ... ... 205
50. On abandonment, road to be restored ... ... ... ... ... ... 205
51. Breach of provisions of Ordinance, etc . ... ... ... ... ... ... 206
52. Offences concerning car or tramway ... ... ... ... ... ... 206
53. Offences concerning passengers ... ... ... ... ... ... ... 206
54. Power to detain persons who commit offences ... ... ... ... 207
55. Penalty for bringing dangerous goods on tramway ... ... ... 207
56. Penalty for using tramway with flange-wheeled carriages, etc. 207
57. Recovery of fares, etc . ... ... ... ... ... ... ... ... ... 207
58. Fares, etc., to be sued for within six months ... ... ... ... 208
59. Company to be responsible for all damage through its act
or default ... ... ... ... ... ... ... ... ... ... ... 208
60. Right of user of roads only acquired ... ... ... ... ... ... 208
61. Power to police to regulate traffic ... ... ... ... ... ... ... 208
62. Rights of public reserved ... ... ... ... ... ... ... ... ... 208
63. Nuisance ... ... ... .. ... ... ... ... ... ... ... ... 209.
64. Saving of rights of the Crown ... ... ... ... ... ... ... 209





CHAPTER 107.

TRAMWAY.

To authorize the construction of a tramway.

[23rd May, 1902.]

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

2. In this Ordinance

'car' includes all cars and trucks used upon the tramway;

'company' means Hong Kong Trarnways Limited;

'court' means the Supreme Court;

'Department' includes the War Department, the and the Hong Kong
Government;

'Director' means the Director of Public Works

'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 passes, and the
roadway of any bridge forming part of or leading to the same;

'special case' means a special case stated for the opinion of the
court under the provisions of any enactment relating to civil
procedure;

'works' or 'undertaking' means the works or undertaking of whatever
nature herein authorized to bc execuled.

Construction of tramway

3. (1) The company may construct, lay clown and maintain the
tramway authorized by this Ordinance, 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.





(2) The tramway authorized by, this Ordinance is the tramway
delineated on a plan or set of plans deposited with the Director and
signed by him and on behalf of the company and dated the 1st day of
March, 1950, together with such additions, extensions and
amendments as may be approved by the Governor in Council or
otherwise pursuant to this section or section 4.

(3) The company may construct, lay down and maintain the said
tramway in such other positions along the lines of route shown on the
said plan or set of plans as the Governor in Council may approve.

(4) The company rnay construct, lay down and maintain as
additions to or as extensions of such tramway all such lines, crossings,
passing places, sidings, junctions, turntables and other works as the
Governor in Council may approve, subject however to the following
conditions

(a)plans thereof shall previously be deposited in the office of
the Director;

(b)the company shall give timely and adequate notification by
public advertisernent or otherwise. of their intention to apply
for such approval ;

(c)such approval shall require confirmation by a resolution of
the Legislative Council.

(5) Notwithstanding subsections (3) and (4) if ill the opinion of
the Director alterations to the track of such tramway are necessary and
can bc considered minor realignments emergency measures or
temporary provisions, he may in his discretion permit such alterations
either permanently or temporarily by notice in writing to the company
without further reference to the Governor in Council or Legislative
Council.

4. 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.





5.Subject to the approval of the Governor in Council,
the company may, in the construction of the tramway at its
own expense alter the level of and widen any bridge, road,
street or space along or over which the tramway 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, and in such manner as to prevent its being washed
by rain into the harbour.

6. The company may generate and use electricity for the purposes
of lighting its own buildings, erections and premises and for any other
purposes of its own.

7. Subject to the approval of the Director 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 tranway, and shall make proper provision, to
the satisfaction of the Director, for the return of the surplus sea water into
the sea.

8.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 and shall bc laid and maintained in such
manner that the uppermost surface thereof shall be on a
level with the surface of the road.

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

(a) it shall give to the Director 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; (b) it shall not open or break up or alter the lever of
any road except with the authority, under the
superintendence and to the satisfaction of the
Director.

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

(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, to the satisfaction of the Director,
restore the road to a good condition;

(b) it shal 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 of one
hundred dollars, and in case of a continuing offence to a
further fine to twenty-five dollars for every day after the first
on which the default continues.

11. In addition to the requirements of section 10, the
company shall, when it gives notice as aforesaid to the
Director of its intention to open or break up any road for
any of the purposes aforesaid, lay before the Director 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 pro-
poses 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 statment have been approved in writing by the
Director; 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.




12. 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 may direct and
to his satisfaction, so much of any road whereon any tram-
way 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.

13. 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 ordinanry traffic, the rails of which the
tramway for the time being consists, and the substructure
upon which the same rest; and if the Director 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 rail 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 of one hundred twenty-
five dollars for every day after the first on which such default
continues.

14. 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 necessry
or expedient temporarily to remove or discontinue the use of
such tramway or any part thereof, the Director 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 su
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
discontinued, and the road on which such temporary tramway




is laid shall, subject as aforesaid, be maintained so long
as necessary by the Director at the expense of the com-
pany.

15. Any paving, metalling or material excavated by the
company in the construction of its works from any road under
the control of the Director may 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 is
in the opinion of the Director 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 conipany, and
shall be removed by the company with all reasonable
diligence.

16. For the purpose of making, forming, laying down, maintaining,
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 interruption 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 apparatus for telegraphic, telephonic, electric
lighting or any other purposes, subject to the following restrictions

(i) 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 to such alteration;

(ii) 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 proposed would endagner 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 communication, 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 nianner 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;

(iii) 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
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,
siphons, plugs, tubes, wires, standards, poles or apparatus,
without the consent of such department or person, or in any other
nianner 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 or other fit and proper person specially appointed by, the
Governor may direct.

(iv) all alterations to be made under this section shall be
made with as little detriment and inconvenience to such
department or person as the circumstances admit and under the
superintendence of such department or person or of its or his
surveyor or engineer;

(v) the company shall not lay down any such mains or pipes, valves,
siphons, plugs, tubes, wires, standards, poles or apparatus contrary to the
provisions of any Ordinance relating to water, gas or other companies, or
to telegraphs;





(vi) 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
oiomission, has contributed to or assisted in the doing, happening
or bringing about of such loss or damage;

(vii) 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 line of 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.

17. If the trarnway or any works connected therewith
interfere with any sewer, drain, watercourse or subway, or in
any way affect the sewerage or drainage of the Colony the
conipany shall not commence the construction of the tramway
or works until it has given to the Director fourteen days'
previous notice in writing of its intention so to do, and has
left with such notice all necessary particulars relating thereto,
nor until the Director 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 in the execu-
tion of the said works, and shall provide by new, altered or
substituted works, in such manner as the Director may
require, for the proper protection of and for preventing injury
or impediment to the sewers, drains, watercourses, subways,
sewerage or drainage hereinbefore referred to by or by reason
of the tramway, and shall save harmless the Director against
the expense occasioned thereby; and all such works shall be
done by or under the superintendence of the Director at the
cost and expense of the company, and when any new, altered
or substituted works are cornpleted 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,





and be maintained by him as any other sewers, drains, water-
courses, subways, sewerage or drainage.

18. If any cable or line used for the purpose of telegraphic, telephonic or
electric signalling communication, now or hereafter to be constructed and worked
in the Colony by a Government 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
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 shal pay the expenses of al 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, 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.

19. 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 authorize to do, but in the exercise of such power all such
departments and persons shall be subject to the following

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

(ii) 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 conipany within twenty-four hours after such
commencement) give to the company and the Director notice of
their intention to commence such work, specifying the time at
which the), will begin to do so, such notice to be given twenty-
four hours at least before the commencement of the work;





(iii) 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 theirt as aforesaid ;

(iv) whenever for the purpose of facilitating such work anv
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 ;

(v) such work so far as it immediately affects the tramway
shall not be executed except under the superintendence of the
company, unless the conipany does not give such
superintendence 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.


20. If any difference arises between the company on the one hand
and any department or person (other than the Director) to whom any
sewer, drain, tube, wires, standards, poles or apparatus for telegraphic,
telephonic, electric lighting or other put-poses 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
conipany by virtue of this Ordinance in relation to 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 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 ill the Colony Of such
department in the title of his office without naming any
individual person.

21. If any difference arises between the company on the
one hand and the Director on the other hand with respect to
any interference or control exercised or claimed to be exercised
by the company or the Director by virtue of this
Ordinance in relation to the tramway or works or in relation
to any work or proceeding of the Director 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, 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.

22. 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 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.

Insufficient user of tramway.

23. if it be represented in writing to the Governor in
Council by the Director 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 Gazelte 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 days,
the Governor in Council may on the application of the com-
pany revoke or modify any such order.

24. 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

25. If the company discontinues the working of the tramway or of
any part thereof for the space of six months (such discontinuance not
being occasioned by circumstances beyond the control of the
conipany, 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, shall cease and determine,
unless the same are purchased by the Governnient in manner by, this
Ordinance provided. Where any such order has been made the Director
may, at any time after the expiration of two months frorn 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 the cost of
such removal and of the making good of the road by the Director, 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 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 sale shall be paid to the company.

Insolvency of company.

26. 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 io 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 and 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 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 26.

Purchase of trainway.

27. 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 2.5 or 26, 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;

(e)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 under-
taking, 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 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 25 or 26 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

28. The cars used on the tramway shall be moved by
electric power conveyed by means of a bare overbead 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 any rules
which the Governor in Council may make for securing to
the public all reasonabl protection against danger in the
exercise of the power hereby conferred with respect to the
use of electric power on the tramway. In the event of the
company bring unable at any time to move the cars by
electric power the cars may temporarily by moved by animal
power.

29. 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.





30. The Director, 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 it report on the matter) by order prohibit the
use of any such car, wires or machinery as may be deter-
mined to be unsafe or unfit for use.

31. 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 28, shall be subject to a fine of twenty-five dollars,
and also in the case of a continaing offence to a further fine of ten
dollars for every day after the first during which such offence
continues.

Rules.

32. (1) The Governor in Council may, make rules-

(a) regulating the working of the, tramway;

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

(c)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)regulating the entrance to, exit from and accomodation in the
cars, and the protection of passengers from the machinery of
any car used on the tramway;

(e)regulating the rate of speed of the cars : Provided that the
speed on the portions of the route west of Causeway Road
shall not (unless another rate be authorized by the Governor
in Council under the authority of this paragraph exceed the
rate of fifteen miles per hour, and in Causeway Road and on
the portion of the route east thereof shall not exceed the rate
of twenty miles per hour : Provided





also that no cars may pass through movable facing points at
a speed exceeding the rate of four miles per hour;

(f) for the stopping of cars using the tramway;

(g)providing for the due publicity of all rules relating to the
tramway by exhibition thereof in conspicuous places; and

(h)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 to 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 rules

(a)for preventing the commission of any nuisance in or upon any
car or in or agaiast 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
their publication in the Gazette as the Governor in Council
may order.

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

Wheels and width of cars.

34. 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 wheel 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.

35. 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 trans-
ferred 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 its 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.

36. 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 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.

37. Subject to the approval of the Governor in Council, it shall be
lawful for the conipany to borrow motley 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 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.

38. 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.


39. The Governor in Council shall direct the payment
to the company for such user as aforesaid of such fares and
charges as may be agreed on, 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.

40. 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

41. The tramway may be used for the purpose of
conveying passengers, animals, goods, merchandise, commodities
minerals and parcels.

42. Save and except passengers' luggage riot 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

43. (1) In consideration of the rights, powers and authorities
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 exercises its said rights, powers and
authoriities-twenty-five per cent per annuin 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 on 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.

44. (1) The company may demand and take for every passenger
travelling upon the tramway or any portion thereof fares not exceeding
the following rates--

From any point on. the First class-twenty cents,
tramway to the terminus
indicated on the car. Third class-ten cents.

(2) A list printed in the English and Chinese languages
of all the fares for the time being 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.

45. (1) Subject to the consent of the Governor in Council it shall
be lawful for the company to alter the rates of fares for the time being
authorized in respect of the whole or any portion of the tramway.





(2) Any such alteration shall come into force one
month after its publication in the Gazette or within such
shorter period after such publication as the Governor in
Council may order.

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

47. The company shall not bc bound to find accommo-
dation 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 the tramway.

48. 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.

49. The authorized fares 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, appoint.

Abandonment of undertaking

50. If the comnpany 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 most
(unless the Director otherwise consents in writing), fill in the ground
and make good the surface and restore to the satisfaction of the
Director 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 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 fenced and watched and to be properly
lighted at night : Provided that if the conipany fails to comply with the
provisions of this section the Director 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.

51. Any, person who commits any offence 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 of five hundred dollars.

52. Any person who wilfully and without lawful excuse

(a)interferes with, removes or alters any part of the tramway or
of the works connected therewith ; or

(b)places or throws any stone, dirt, wood, refuse or other
material on any part of the tramway; or

(c)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

(d)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 of one thousand dollars and in default of payment to
imprisonment for twelve months.

53. Any person who-

(a)while travelling or after having travelled in any car, avoids or
attempts to avoid payment of his fare; or

(b)having paid his fare for a certain distance, knowingly and
wilfully proceeds in ariv 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





(c)knowingly or wilfully refuses or neglects, on
arriving at the point to whichlie has paid his fare,
to quit such car,
shall be liable to a fine of one hundred dollars.

54. 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 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. narne and true address in the
Colony.

55. 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
Ordinance 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 of 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.

56. Any 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 of
one hundred dollars.

Miscellaneous

57. Every fare, charge, fine er 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, shall apply to every proceeding
before, and every order by, a magistrate under this
section.

58. No person shall be liable to the payment of any
fare, charge, fine or forfeiture imposed by, virtue of this
Ordinancefor 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.

59. 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 individually and their officers and
servants, from an damages and costs in respect of such accidents,
damages and injuries.

60. Notwithstanding Anything in this Ordinance, the company shall
not acquire any right other than that of user of the roads along or
across which the tramway is laid.

61. 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 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.

62, 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.





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

64. Nothing in this Ordinance shall affect or be deerned to affect
the rights of His Majesty the King, His Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except
such as are mentioned in this Ordinance aiid those claiming by from or
under them.
Originally 10 of 1902. Fraser 10 of 1902. 32 of 1946. 9 of 1950. Short title. Interpretation. 9 of 1950, Schedule. Construction and route of tramway. 9 of 1950, Schedule. power to lay single line where double line authorized, and to reconvert into double line. Power to widen bridges, etc. Electricity. 9 of 1950, Schedule. Power to lay down sea water pipes. 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. Temporary tramways may be made when necessary. Application of road materials excavated in construction of works. Protection of departments and persons. [s. 16 cont.] Protection of sewers, etc. [s. 17 cont.] Protection of Government or telegraph cables or lines. Rights of departments, etc., to open roads. Differences between company and others (other than the Director). [s. 20 cont.] Differences between company and Director. 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. [s. 25 cont.] Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power. Construction of cars. Powers to authorities to inspect cars, etc. Penalty for using electric power contrary to Ordinance. Rules. 9 of 1950, Schedule. Penalize may be imposed in rules. 32 of 1946, s. 2. 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. [s. 43 cont.] Fares for passengers. 32 of 1946, s. 3. Alteration of the rates of fares. 32 of 1946, s. 4. Chinese third class passengers. If cars full, company not bound to carry. Passengers' luggage. Payment of fares. 32 of 1946, s. 6. On abandonment, road to be restored. [s. 50 cont.] Breach of provisions of Ordinance, etc. Offences concerning car or tramway. Offences concerning passengers. 32 of 1946, s. 7. Power to detain persons who commit offences. Penalty for bringing dangerous goods on tramway. (1 of 1873.) Penalty for using tramway with flange-wheeled carriages, etc. Recovery of fares, etc. [s. 57 cont.] (Cap. 227.) 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. Rights of public reserved, Nuisances. Saving of rights of the Crown.

Originally 10 of 1902. Fraser 10 of 1902. 32 of 1946. 9 of 1950. Short title. Interpretation. 9 of 1950, Schedule. Construction and route of tramway. 9 of 1950, Schedule. power to lay single line where double line authorized, and to reconvert into double line. Power to widen bridges, etc. Electricity. 9 of 1950, Schedule. Power to lay down sea water pipes. 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. Temporary tramways may be made when necessary. Application of road materials excavated in construction of works. Protection of departments and persons. [s. 16 cont.] Protection of sewers, etc. [s. 17 cont.] Protection of Government or telegraph cables or lines. Rights of departments, etc., to open roads. Differences between company and others (other than the Director). [s. 20 cont.] Differences between company and Director. 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. [s. 25 cont.] Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power. Construction of cars. Powers to authorities to inspect cars, etc. Penalty for using electric power contrary to Ordinance. Rules. 9 of 1950, Schedule. Penalize may be imposed in rules. 32 of 1946, s. 2. 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. [s. 43 cont.] Fares for passengers. 32 of 1946, s. 3. Alteration of the rates of fares. 32 of 1946, s. 4. Chinese third class passengers. If cars full, company not bound to carry. Passengers' luggage. Payment of fares. 32 of 1946, s. 6. On abandonment, road to be restored. [s. 50 cont.] Breach of provisions of Ordinance, etc. Offences concerning car or tramway. Offences concerning passengers. 32 of 1946, s. 7. Power to detain persons who commit offences. Penalty for bringing dangerous goods on tramway. (1 of 1873.) Penalty for using tramway with flange-wheeled carriages, etc. Recovery of fares, etc. [s. 57 cont.] (Cap. 227.) 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. Rights of public reserved, Nuisances. Saving of rights of the Crown.

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