TRAMWAY ORDINANCE

TRAMWAY ORDINANCE

LAWS OF HONG KONG

TRAMWAY ORDINANCE

CHAPTER 107





CHAPTER 107

TRAMWAY ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1. Short title ............................4
2. Interpretation .........................4

CONSTRUCTION OF TRAMWAY

3. Construction and route of tramway ......5
4. Power to lay single line where double line authorized, and to reconvert into
double line ............................6
5. Power to widen bridges, etc . ..........6
6. Attachment .............................6
7. Electricity ............................7
8. Power to lay down sea water pipes ......7
9. Gauge of tramway .......................7
10.............................Power to break up roads 8
11...................Completion of works, and restoration of road 8
12.................Further provisions as to construction of tramway 9
13......................Repair of roads on which tramway laid 9
14..........................Maintenance and level of rails 9
15...............................Alteration of track 9
16................................Payment for works 10
17..................Temporary tramways may be made when necessary 11
is.........Application of road materials excavated in construction of works 12
19......................Protection of departments and persons 12
20...........................Protection of sewers, etc . 14
21..............Protection of Government or telegraph cables or lines 15
22....................Rights of departments, etc., to open roads 15
23.........Differences between company and others (other than the Director) 16
24.....................Differences between company and Director 16
25.............Tramway not to be opened until certified fit for traffic 17

INSUFFICIENT USER OF TRAMWAY

26.......................................Procedure when public not afforded full benefit of tramway 17
27.......................................Procedure on non-compliance with order 18





Section..................................... Page

DISCONTINUANCE OF TRAMWAY

28............................Discontinuance of tramway 18

INSOLVENCY OF COMPANY

29...................Proceedings in case of insolvency of company 19

PURCHASE OF TRAMWAY

30........................Purchase by Government of tramway 19

MOTIVE POWER

31...................................Motive power 20
32...............................Construction of cars 20
33...................Powers to authorities to inspect cars, etc . 20
34..............Penalty for using electric power contrary to Ordinance 21

35-37. (Repealed) ........................21

RULES

38...................Regulations made by the Governor in Council 21
39............................Rules made by the company 22

WHEELS AND WIDTH OF CARS

40.............................Wheels and width of ears 22

POWER TO SELL

41..................................Power to sell 22

POWER TO LEASE

42..................................Power to lease 23

POWER TO MORTGAGE

43................................Power to mortgage 23

RIGHTS OF GOVERNMENT

44....................Rights of Government in military emergency 24
45....................Fares, etc., to be paid in such emergency 24

46. (Repealed).................................................................................................................
...........................................24





Section.................................... Page

TRAFFIC UPON THE TRAMWAY

47........................................Traffic upon tramway 24
48........................................Company may refuse to carry certain goods 24
49........................................(Repealed) 25

FARES

50........................................Fares for passengers 25
51........................................Alteration of the rates of fares 25
52........................................(Repeated) 25
53........................................If cars full, company not bound to carry 25
54........................................Passengers' luggage 25
55........................................Payment of fares 26
55A.......................................Exemption of hire service and tour service 26
ABANDONMENT OF UNDERTAKING
56........................................On abandonment, road to be restored 26

OFFENCES

57........................................Breach of provisions of Ordinance, etc . 27
58........................................Offences concerning car or tramway 27
59........................................Offences concerning passengers 28
60........................................Power to detain persons who commit offences 28
61........................................Penalty for bringing dangerous goods on tramway 28
62........................................Penalty for using tramway with flange-wheeled carriages, etc . 29
MISCELLANEOUS
63........................................Recovery of fares, charges and fines 29
64........................................Fares etc., to be sued for within 6 months 29
65........................................Company to be responsible for all damage through its act or default 29
66........................................Right of user of roads only acquired 30
67........................................Power to police to regulate traffic 30
68........................................Rights of public reserved 30
69........................................Nuisances 30
70. Saving.........................................................................................................................
..........................................30





CHAPTER 107

TRAMWAY

To authorize the construction of a tramway.

(Amended 50 of 1911; 1 of 1912 Schedule)

[23 May 19021

Originally 10 of 1902, (Cap. 107,1950) -32 of 1902,12 of 1910,30 of 1911,50 of 1911,51 of
1911, 1 of 1912, 2 of 1912, 8 of 1912, 20 of 1912, 21 of 1912, 22 of 1912, 43 of 1912, 17
of 1913, G.N.A. 246 of 1913, 34 of 1915, 5 of 1924, 25 of 1937, 33 of 1939, 32 of 1946,
20 of 1948, 9 of 1950, 48 of 1962, R. Ed. 1964, 30 of 1967, 35 of 1969, 54 of 1971, 7 of
1972, 41 of 1972, 48 of 1972, 78 of 1975, L.N. 156 of 1977, L.N. 76 of 1982, L.N. 298 of
1982, 75 of 1982, L.N. 127 of 1986, 9 of 1988

1. Short title

This Ordinance may be cited as the Tramway Ordinance.

(Amended 5 of 1924 s. 6)

2. Interpretation

In this Ordinance, unless the context otherwise requires- (Amended 51

of 1911; 2 of 1912 Schedule)

,,ear' includes all cars and trucks used upon the tramway; (Amended 50 of 1911 s. 4;
1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule)

'company' means Hong Kong Tramways Limited; (Amended 50 of 1911 s. 4; 1 of
1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939
Schedule)

'court' means the High Court; (Amended 50 of 1911 s. 4; ]of 1912 Schedule; 43 of
1912; G.N. 246 of 1913 Supp. Schedule; 92 of 1975 s. 59)

'department' includes The Ministry of Defence (The Navy Department), The
Ministry of Defence (The Army Department), and the Hong Kong Government;
(Amended 50 of 1911; 51 of 1911 s. 4; ]of 1912 Schedule; 2 of 1912
Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule)

'Director' means the Director of Highways; (Added 20 of 1948 s. 4; L.N. 76 of
1982; L.N. 127 of 1986)

'Government' means the Governor acting on behalf of Her Majesty or her assigns,
or on behalf of the Government of the Colony; (Amended 50 of 1911 s. 4; 51 of
1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913
Supp. Schedule)

'road' means any roadway over which the tramway passes, and the roadway of any
bridge forming part of or leading to the same; (Amended 50 of 1911 s. 4; 1 of
1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939
Schedule)





'special case' means a special case stated for the opinion of the court under the
provisions of any enactment relating to civil procedure; (Amended 50 of 1911 s.
4; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 20 of
1948 s. 4)

'works' or 'undertaking' means the works or undertaking of whatever nature herein
authorized to be executed. (Amended50 of 1911 s. 4;51 of 1911;2 of 1912
Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule)

(Amended 50 of 1911; 1 of 1912 Schedule; 9 of 1950 Schedule)

CONSTRUCTION OF
TRAMWAY

3. Construction and route of tramway

(1) The company may construct, lay down and maintain the tramway authorized
by this Ordinance, with all proper electric generating stations, crossings, passing
places, sidings; junctions, rails, turntables; plates, offices, weigh-bridges, sheds,
overhead and other wires, cables, standards, poles and brackets, pipes and all such
other works and conveniences in connection 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 1 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 or 15 or such other plan or set of plans as may be
approved by the Governor in Council and deposited with the Director similarly
signed. (Amended 48 of 1962 s. 2(a) )

(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 may 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
advertisement or otherwise of their intention to apply for such
approval;

(e) such approval shall require confirmation by a resolution of the

Legislative Council.
(Replaced 9 of 1950 Schedule.Amended48of1962s.2(b))





4. Power to lay single fine where double fine authorized,

and to reconvert into double line

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. Power to widen bridges, etc.

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 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.

(Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 20 of 1948 s. 4)

6. Attachment

(1) The company may with the consent of the owner of any house or building
attach thereto such brackets, rosettes, wires and apparatus as may be required for
the efficient working of the tramway.

(2) Where the company is unable to obtain such consent and is of the opinion
that such consent is being unreasonably withheld, the company may apply to the
Director, on notice to the owner, for a certificate that the attachment is essential to
the efficient working of the tramway and the Director, if he is satisfied that the
attachment is so essential, shall issue to the company a certificate under his hand to
that effect.

(3) The company may serve on the owner a copy of such certificate and a copy
of this section and, on the expiry of one month from the date of such service, if there
shall be no appeal in accordance with the provisions of subsection (4), the company
may enter upon the premises at any reasonable time, during the hours of daylight
and make such attachment. subject nevertheless to the payment to the owner of
such compensation as may be agreed between the company and the owner, or, in
default of agreement, such compensation as may be determined by arbitration in
accordance with the provisions of the Arbitration Ordinance (Cap. 341).

(4) If an owner is aggrieved by the issue of a certificate in accordance with the
provisions of subsection (2), he may, at any time during such period of





one month as is referred to in subsection (3) on notice to the company, appeal
by petition to the Governor in Council and on such appeal, the Governor in
Council, after hearing the Director, may confirm or revoke such certificate.
(5) No consent of an owner, decision of the Director or compensation
payable in accordance with the provisions of subsection (3) shall have effect
after that owner ceases to be the owner of the house or building in question but
no attachments fixed under the provisions of this section shall be removed other
than by or with the consent of the company until the expiration of 3 months
after any subsequent owner has given to the company notice in writing
requiring the attachments to be removed and where such notice is given the
provisions of subsections (3) and (4) shall apply as if such owner has
unreasonably withheld his consent in the first instance.
(6) An owner may require the company to remove temporarily the
attachments where necessary during any reconstruction or repair to his house
or building.

(7) For the purpose of this section, 'owner' means the person whose
name is registered in the Land Office as the owner or holder of the land on
which the house or building in question is built and any registered mortgagee of
such land.
(Added 48 of 1962 s. 3)

7. Electricity

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.
(Replaced 9 of 1950 Schedule)

8. Power to lay down sea water pipes

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 tramway, and shall make proper provision,
to the satisfaction of the Director, for the return of the surplus sea water into
the sea.
(Amended 50 of 1911; 1 of 1912 Schedule)

9. Gauge of tramway

The tramway shall be constructed on a gauge of not less than 1 m in width,
and with steel rails which shall, before being laid down, be approved by the





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

(Amended 33 of 1939 Schedule; L.N. 156 of 1977)

10. Power to break up roads

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-
(Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 20 of 1948 s. 4)

(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 7 days at least before
the commencement of the work:

Provided that the Director, if he is satisfied that it is not practical
owing to the urgency of the work for the company to give such
notice, may permit the company to give such lesser period of notice
as he may consider practicable; (Added 48 of 1962s.4)

(b)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.

11. Completion of works, and restoration of road

When the company has opened or broken up any 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 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 of 51,000, and in
case of a continuing offence to a further fine of $250 for every day after the first on
which the default continues. (Amended 30 of 1911 s. 10; 5 of 1924 s. 13 & Schedule; 33 of
1939 Schedule; 48 of 1962 s. 5)





12. Further provisions as to construction of tramway

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, if so required by him, a cross
section showing the proposed mode of constructing, laying down, maintaining,
renewing, altering, adding to or removing the tramway or works in respect of which it
proposes to open or break up such road, and a statement of the materials intended to
be used therein; and the company shall not commence the construction, laying
down, maintenance, renewal, alteration of, addition to or removal of such tramway or
works, or any part thereof respectively, except for the purpose of necessary repairs,
until the required cross section and statement, if any, have been approved by the
Director; and the work shall be executed under the superintendence and to the
satisfaction of the Director, and where there are an approved cross section and
statement in accordance therewith.

(Amended 5 of 1924 s. 8; 48 of 1962 s. 6)

13. Repair of roads on which tramway laid

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 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 1.5
m apart) the portion of the road between the two lines of tramway, and in every case
so much of the road as extends 0.5 m from the running edge of the table of each rail
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.

(Amended 50 of 1911; 1 of 1912 Schedule; 33 of 1939 Schedule; 48 of
1962 s. 7; L.N. 156 of 1977)

14. Maintenance and level of rails

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.

(Amended 48 of 1962 s. 8)

15. Alteration of track

(1) If the Director is of the opinion that it is necessary or desirable, to enable him
to carry out any works in any road or for the better regulation of traffic in any road,
including any road over which no tramway passes, that the





company should alter or move its track on any road, he may serve on the company
not less than one month's notice in writing of his intention to apply to the Governor
in Council for an order under this section.

(2) A notice served in accordance with the provisions of this section shall
specify

(a) the work which the Director considers necessary or desirable; and

(b) the time by which such work should be carried out.

(3) If the company

(a) objects to such application;

(b)is of the opinion that the cost of carrying out such work would exceed
the amount which, in accordance with the provisions of section 17,
would be wholly payable by the company; or

(c)is of the opinion that it would not be practicable to carry out such
work within the time stipulated in the notice,

the company may, within such period of one month, give to the Director notice of
such objection or opinion together with, in the case of a submission in accordance
with the provisions of paragraph (b), an estimate of the cost of carrying out such
work.

(4) The Governor in Council shall consider every application under this section
and every objection thereto or other submission thereon made by the company and
shall afford the company an opportunity of being heard by an authorized officer of
the company or by counsel or solicitor.

(5) The Governor in Council, after considering such application and every
objection thereto and submission thereon by the company, may order that the
company shall carry out such work as is described in the notice, within such period
as is stipulated in such order.

(6) If the company fails to comply with the provisions of any such order within
such period as is stipulated therein or such greater period as may be allowed by the
Governor in Council the company shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,000 and to a continuing penalty of $250 for every
day, after the date of expiry of such period as was stipulated in the order or such
greater period as may have been allowed by the Governor in Council, during which
the company has not complied with the provisions of such order.

(7) Notwithstanding the provisions of this section, the Director may authorize
the company to carry out such alterations to the level or line of any track as the
Director may consider to be necessary or desirable and to be minor alterations or
realignments. emergency measures or temporary provision.

(Added 48 of 1962 s. 9)

16. Payment for works

(1) When the company has carried out, to the satisfaction of the Director, such
work as is the subject of an order made in accordance with the provisions





of section 15(5) or a notice given in accordance with the provisions of section
17, the company, subject to the provisions of this section, shall be entitled to be
paid, out of the general revenue of the Colony, the reasonable cost of carrying
out such work.
(2) If-
(a)the work includes the renewal or replacement of apparatus of the
company so that the company derives a benefit from the life of
new apparatus being longer than the life of the apparatus so
renewed or replaced; or
(b)by reason of the carrying out of such work the company has
received or will receive any other benefit by way of greater
efficiency of the running of the tramway system, reduction of
wear on cars or tram rails or any other part of the apparatus of
the company or by any other way,
the amount to be paid to the company shall be reduced by the amount or value
of any such benefit.
(3) If by reason of the carrying out of such work the company has been or
will be put to any greater expense or loss by way of lesser efficiency of the
running of the tramway system or increase of wear on cars or tram rails or any
other part of the apparatus of the company, the amount to be paid to the
company shall be increased by the amount or value of any such additional
expense or loss.
(4) The amount to be paid to the company shall be such amount as may
be agreed between the Director and the company as the reasonable cost of the
carrying out of such work, after deduction therefrom and addition thereto of
such amounts as may be so agreed as representing the amount or value of such
benefits and expenses and losses as are referred to respectively in subsections (2)
and (3), or in default of agreement such amount as shall be determined by
arbitration in accordance with the provisions of the Arbitration Ordinance
(Cap. 341).
(5) The Director may make payments on account whilst any such work is
in progress but such payments on account shall not exceed in total four-fifths of
the Director's estimate of the value of work done to the date of each such
payment.
(Added 48 of 1962 s. 9)

17. Temporary tramways may be made when necessary

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
necessary 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 one month's 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 discontinued, and the provisions of section 13 shall apply
until the removal of the temporary tramway.

(Amended 50 of 1911 s. 4; 33 of 1939 Schedule; 48 of 1962 s. 10)

18.Application of road materials excavated in construction of works

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 company, and shall be removed
by the company with all reasonable diligence.

(Amended 51 of 1911; 2 of 1912 Schedule; 33 of 1939 Schedule)

19. Protection of departments and persons

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 connection 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(Amended 50 of 1911 s. 4)

(a)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; (Amended 33 of 1939
Schedule)

(b)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 7 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 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 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
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; (Amended50 of 1911 s. 4;51 of 1911; 1 of
1912 Schedule; 2 of 1912 Schedule; 21 of 1912 s. 5)

(e)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 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 or other fit and proper person specially appointed by the
Governor may direct; (Amended 12 of 1910 s. 2; 50 of 1911; 1 of
1912 Schedule; 33 of 1939 Schedule)

(d)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;

(Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912
Schedule; 33 of 1939 Schedule)

(e)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; (Amended 50 of 1911; 1 of
1912 Schedule)

(f)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;
(Amended 50 of 1911; 1 of 1912 Schedule; 33 of 1939 Schedule)

(g)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 12 consecutive hours, it shall be liable to a
fine of 5100 for every day or portion of a day after the expiration of
such period of 12 hours during which such supply is so interrupted.
(Amended 30 of 1911 s. 10; 33 of 1939 Schedule)

20. Protection of sewers, etc.

If the tramway 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 company shall not commence the construction of the tramway or works until it
has given to the Director 14 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 14 days after service of the said
notice and particulars as aforesaid; and the company shall comply with the directions
of the Director in the execution 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 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, and be maintained by him, as any other sewers, drains,
watercourses, subways, sewerage or drainage.

(Amended 50 of 1911; 1 of 1912 Schedule; 33 of 1939 Schedule)





21. Protection of Government or telegraph cables or lines

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 or by Cable and Wireless 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, 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.

(Amended 32 of 1902 s. 1; 50 of 1911; 1 of 1912 Schedule; 17 of 1913 s. 2;
33 of 1939 Schedule)

22. Rights of departments, etc., to open roads

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 authorized to do, but in the exercise of such power all such
departments and persons shall be subject to the following restrictions- (Amended 50
of 1911 s. 4; 1 of 1912 Schedule; 21 of 1912 s. 5; 33 of 1939 Schedule)

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

(b)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 24 hours after such commencement) give to the
company and the Director notice of their intention to commence such
work, specifying the time at which they will begin to do so, such
notice to be given 24 hours at least before the commencement of the
work; (Amended 33 of 1939 Schedule)

(e)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;

(d)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; (Replaced 33 of 1939 Schedule)
(e)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 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. (Amended 50 of 1911;
51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule)

23. Differences between company and
others (other than the Director)

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 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 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 concemed, 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.
(Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912
Schedule; 21 of 1912 s. 5; 17 of 1913 s. 3)

24. Differences between company and Director

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.

(Amended 17 of 1913 s. 4)

25. Tramway not to be opened until certified fit for traffic

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 Electrical
and Mechanical Services or other officer, who must either be a civil or electrical or
mechanical engineer, 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.

(Amended 48 of 1962 s. 11; L.N. 76 of 1982; L.N. 298 of 1982)

INSUFFICIENT USER OF
TRAMWAY

26. Procedure when public not afforded

full benefit of tramway

If it be represented in writing to the Governor in Council by the Commissioner
for Transport or by 20 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 48 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 30 days, the Governor in





Council may on the application of the company revoke or modify any such
order.
(Amended 50 of 1911; 1 of 1912 Schedule; 43 of 1912; G.N.A. 246 of
1913 Supp. Schedule; 33 of 1939 Schedule; 30 of 1967 Schedule)

27. Procedure on non-compliance with order
If for the period of 3 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.
(Amended 50 of 1911; 1 of 1912 Schedule; 33 of 1939 Schedule)

DISCONTINUANCE OF TRAMWAY

28. Discontinuance of tramway
If the company discontinues the working of the tramway or of any part
thereof for the space of 6 months (such discontinuance not being occasioned by
circumstances beyond the control of the company, for which purpose the want
of sufficient funds shall not be considered a 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
Government in manner by this Ordinance provided. Where any such order has
been made the Director may, at any time after the expiration of 2 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 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 2 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.
(Amended 50 of 1911 s. 4; 51 of 1911; 1 of 1912 Schedule; 2 of 1912
Schedule; 21 of 1912 s. 5; 43 of 1912; G.N. 246 of 1913 Supp. Schedule)





INSOLVENCY OF COMPANY

29. Proceedings in case of insolvency of company

If it appears to the Governor in Council that the company is insolvent, so that it
is unable to maintain the tramway or work the same with advantage to the public, the
Governor in Council may inquire into the financial affairs of the company, and if
satisfied that the company is so insolvent as aforesaid, may by order declare that the
powers of the company shall, at the expiration of 6 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 28.

(Amended 50 of 1911; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913
Supp. Schedule; 5 of 1924 s. 8)

PURCHASE OF TRAMWAY

30. Purchase by Government of tramway

The Governor in Council may at the expiration of 50 years from 23 May 1902, or
at the expiration of any subsequent period of 5 years, or at the expiration of 3
months after the making of any order under section 28 or 29, on giving to the
company a notice in writing in manner following- (Amended50 of 1911; 1 of 1912
Schedule; 5 of 1924 s. 8; 33 of 1939 Schedule)

(a) at least 6 months' notice prior to the expiration of such 50 years;

(b)at least 6 months' notice prior to the expiration of any such
subsequent period of 5 years;

(c) at least 2 months' notice prior to the expiration of such 3 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, 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 28 or 29 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 maybe exercised by the Government.
(Amended 50 of 1911; ]of 1912 Schedule; 5 of 1924 s. 8)

MOTIVE POWER

31. Motive power

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 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 reasonable protection against danger
in the exercise of the powers hereby conferred with respect to the use of electric
power on the tramway. In the event of the company being unable at any time to
move the cars by electric power the cars may temporarily be moved by animal,
mechanical or other power.

(Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 33 of 1939 Schedule; 48 of
1962s.13)

32. Construction of cars

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.

33. Powers to authorities to inspect cars, etc.

The Director of Electrical and Mechanical Services, or any officer, who must
either be a civil or electrical or mechanical engineer, appointed for that purpose by
the Governor in writing, may inspect any car used on the tramway and the machinery
therein and any wires or other machinery of the company and report thereon, and the
Governor may (after receiving from the company





and considering its report on the matter) by order prohibit the use of any such
car, wires or machinery as may be determined to be unsafe or unfit for use.
(Amended 12 of 1910 s. 1; 50 of 1911 s. 4; 48 of 1962 s. 14; L.N. 76 of
1982; L.N. 298 of 1982)

34. Penalty for using electric power contrary to Ordinance

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 3 1, shall
be subject to a fine of $250, and also in the case of a continuing offence to a
further fine of $100 for every day after the first during which such offence
continues.
(Amended 30 of 1911 s. 10; 50 of 1911 s. 4; 5 of 1924 s. 9; 33 of 1939
Schedule; 48 of 1962 s. 15)

35-37. (Repealed 75 of 1982 s. 114)

RULES

38. Regulations made by the Governor in Council

(1) The Governor in Council may by regulation provide for-
(a)the construction of new cars and other apparatus of the tramway
and the maintenance and cleanliness of cars and apparatus of the
tramway used in connection with its public service;
(b) the safety of passengers and of other persons travelling on cars;
(c) the speed at which a car may be driven;
(d) the use of warning apparatus on cars;
(e) the licensing of drivers and conductors of cars;
(f) the use of electric power on the tramway;
(g) the provision of stopping places for cars;
(h)the issue of a certificate in accordance with the provisions of
section 6 and any appeal against such issue;
(i)the application to cars and to drivers of cars and to the company
and to any other person, with such modification as may be
necessary, of any regulations made in accordance with the
provisions of the Road Traffic Ordinance (Cap. 374), other than
regulations relating to the construction and maintenance of
vehicles;
(j)the general control of the use of cars on a road and: the carrying
of passengers and other persons therein.
(2) Any regulation made under this section may provide that a
contravention thereof shall be an offence and may prescribe punishment and





penalties for such offence not exceeding a fine of $1,000 and imprisonment for 6
months and a continuing penalty not exceeding $100 for every day during
which the offence continues.
(Replaced 48 of 1962 s. 17)

39. Rules made by the company

(1) The company, with the approval of the Governor in Council, may
make rules providing for-
(a)the prevention of the commission of any nuisance in or upon any
car or in or against any premises belonging to the company;
(b)the control of the conduct of passengers on a car and persons
attempting to board or leave a car;
(c)the issue of tickets, including season tickets, their inspection on a
car and the general control thereof;
(d)the disposal of lost property found on a car or on any premises of
the company;
(e)any other matter, relating to the running of the tramway, which
is necessary to be prescribed or provided for.
(2) Any rule made under this section may provide that a contravention
thereof shall be an offence and may prescribe punishment and penalties for such
offence not exceeding a fine of $1,000 and imprisonment for 6 months.
(Replaced 48 of 1962 s. 18)

WHEELS AND WIDTH OF CARS

40. Wheels and width of cars

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 2 m in width exclusive of any driver's
observation mirror.
(Amended 48 of 1962 s. 19; L.N. 156 of 1977)

POWER TO SELL

41. Power to sell

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
thereunder:
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.
(Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912
Schedule; 22 of 1912; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of
1939 Schedule)

POWER TO LEASE

42. Power to lease

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 thereunder:
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.
(Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of
1913 Supp. Schedule; 33 of 1939 Schedule)

POWER TO MORTGAGE

43. Power to mortgage

Subject to the approval of the Governor in Council, it shall be lawful for
the company to borrow money on mortgage of the whole of its undertaking,
and for that purpose to assign or demise by way of mortgage all its lands,





messuages or tenements, erections, buildings, works, rolling stock, plant, machinery,
chattels and effects, to any person, and to enter into all such covenants, provisos,
declarations and agreements as the company 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 thereunder.

(Amended 50 of 1911; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913
Supp. Schedule; 33 of 1939 Schedule)

RIGHTS OF GOVERNMENT

44. Rights of Government in military emergency

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, 3 clear days' notice before each occasion
of such user.

(Amended 50 of 1911; 1 of 1912 Schedule; 33 of 1939 Schedule)

45. Fares, etc., to be paid in such emergency

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.

(Amended 33 of 1939 Schedule)

46. (Repealed 7 of 1972 s. 2)

TRAFFIC UPON THE TRAMWAY

47. Traffic upon tramway

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

48. Company may refuse to carry certain goods

Save and except passengers' luggage not exceeding 7 kg in mass or 30 in
volume, the company shall not be bound to carry any animals, goods, merchandise,
commodities, minerals or parcels.

(Amended 50 of 1911; 1 of 1912 Schedule; L.N. 156 of 1977)





49. (Repealed 78 of 1975 s. 2)

FARES

50. Fares for passengers

(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 tramway to the 1 Thirty cents*.

terminus indicated on the car.

(Amended 41 of 1972 s. 2; 78 of 1975 s. 3) (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.

(Replaced 32 of 1946s. 3. Amended20 of 1948s.4)

51. Alteration of the rates of fares

(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.

(Replaced 32 of 1946 s. 4)

52. (Repealed 41 of 1972 s. 3)

53. If cars full, company not bound to carry

The company shall not be bound to find accommodation 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.

(Replaced 34 of 1915 s. 4)

54. Passengers' luggage

No passenger may take on the tramway personal luggage other than small hand-
baskets, bags or parcels, no one of which shall exceed 7 kg in mass or 30 1

* For new rates----See Tramway Ordinance (Alteration of Fares) Notice (Cap. 107 sub.
leg.)





in volume. 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.
(Amended 51 of 1911; 2 of 1912 Schedule; L.N. 156 of 1977)

55. Payment of fares

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.
(Replaced 32 of 1946 s. 6. Amended 20 of 1948 s. 4)

55A. Exemption of hire service and tour service

(1) Sections 50, 51 and 55 shall not apply to a tramway service that is a
hire service or a tour service.
(2) The maximum number of cars that may be used at any time to operate
a tour service shall be subject to the approval in writing of the Commissioner
for Transport.
(3) On every car used on a tour service, the fare payable shall be displayed
conspicuously on the front and near side of the car in English and Chinese so as
to be easily visible to intending passengers before boarding.
(4) For the purposes of this section-
(a)'designated tram stop' means a place designated as a tram stop
in accordance with regulations made under section 38;
(b)'hire service' means a service for the carriage of passengers
where a person hires a car for a period subject to payment;
(c)'tour service' means a service for the carriage of passengers at
separate fares from one designated tram stop to another such
stop on the route of a car which-
(i) is designed for the purpose of sightseeing by the passengers;
(ii) is conspicuously marked 'tour tram' in English and
Chinese; and
(iii) has an entry gate operated by a conductor.
(Added 9 of 1988 s. 2)

ABANDONMENT OF UNDERTAKING

56. On abandonment, road to he restored

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 8 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 paying 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 company fails to comply with the provisions of this
section the Director may at any time, after 7 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.
(Amended 50 of 1911 s. 4; 51 of 1911; 1 of 1912 Schedule; 2 of 1912
Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939
Schedule)

OFFENCES

57. Breach of provisions of Ordinance, etc.

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, shall be liable to a fine of $500.
(Amended 30 of 1911 s. 10; 50 of 1911; 1 of 1912 Schedule; 5 of 1924
Schedule; 33 of 1939 Schedule; 48 of 1972 s. 4)

58. Offences concerning car or tramway

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 $1,000 and in default of
payment to imprisonment for 12 months.
(Amended 30 of 1911 s. 10; 50 of 1911; 1 of 1912 Schedule; 8 of 1912
s. 62; 5 of 1924 Schedule)





59. Offences concerning passengers

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 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

(c)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 of $ 100.
(Replaced 5 of 1924 Schedule. Amended32of 1946s. 7)

60. Power to detain persons who commit offences

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 name and true
address in the Colony.

(Replaced 34 of 1915 s. 6)

61. Penalty for bringing dangerous goods on tramway

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 (Cap.
295), 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 $100, 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.

(Amended 30 of 1911 s. 10; 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912
Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 5 of 1924 s. 13 & Schedule;
33 of 1939 Schedule)





62. Penalty for using tramway with
flange-wheeled carriages, etc.

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 5100.

(Amended 30 of 1911 s. 10; 5 of 1924 Schedule)

MISCELLANEOUS

63. Recovery of fares, charges and fines

(1) Every fare or charge imposed by this Ordinance or any rule or bylaw made
thereunder, the recovery of which is not otherwise provided for, may be recovered in
the District Court as a civil debt.

(2) Every fine imposed by this Ordinance or any rule or bylaw made hereunder,
the recovery of which is not otherwise provided for, may be recovered before a
magistrate, and the provisions of the Magistrates Ordinance (Cap. 227) shall apply
to every proceeding before, and every order by, a magistrate under this subsection.

(Replaced 35 of 1969 Schedule)

64. Fares etc., to be sued for within 6 months

No person shall be liable to the payment of any fare, charge or fine imposed by
virtue of this Ordinance or any rule or bylaw made thereunder unless proceedings
for the recovery of the same shall have been commenced within 6 months.

(Replaced 35 of 1969 Schedule)

65. Company to be responsible for all damage

through its act or default

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 all damages and costs in respect of such accidents,
damages and injuries.

(Amended 50 of 1911; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913
Supp. Schedule)





66. Right of user of roads only acquired

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.
(Amended 5 of 1924 Schedule; 33 of 1939 Schedule)

67. Power to police to regulate traffic

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.
(Amended 50 of 1911; 1 of 1912 Schedule; 33 of 1939 Schedule)

68. Rights of public reserved

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.
(Amended 50 of 1911; 1 of 1912 Schedule)

69. Nuisances

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.
(Amended 50 of 1911; 1 of 1912 Schedule)

70. Saving

Nothing in this Ordinance shall affect or be deemed to affect the rights of
Her Majesty the Queen, Her 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 and those claiming by, from or under them.
(Replaced 20 of 1948 s. 4)

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