PEAK TRAMWAY ORDINANCE

PEAK TRAMWAY ORDINANCE

LAWS OF HONG KONG

PEAK TRAMWAY ORDINANCE

CHAPTER 265





CHAPTER 265

PEAK TRAMWAY ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ..........................3

2. Interpretation ................................................................................................................
.............3

2A. Right to run and operate the tramway 3

3. Power to construct and work certain tramways ...................................... 4
4. Power to alter levels of ground, etc . 4
5. Power to make additional crossings, etc . 5
6. (Repealed) ...........................5
7. Protection of sewers, etc . .......... 5

8. Settlement of differences between company and Director 6
9. Discontinuance of tramway by company .6
10. Proceedings in case of insolvency of company 7
11. Purchase by Government of tramway ...7

12. Motive power, etc . .......................................... 8
13. Construction of tramcars ............ 8
14. Design and construction ............. 8
14A. Code of Practice in relation to design 9
14B. Appointment of inspectors .......... 8
14C. General powers of inspectors ....... 9

14D. Secretary for Transport may order that defects be remedied 10
14E. Closure of tramway for safety reasons 11
14F. Closure of tramway for repairs or alterations 11
14G. Offence of interfering with tramway etc . 11

14H. Offence of negligence by employee .......................... 12
is. Regulations ..........................12
1 SA. By-laws ............................13
16. Power to sell undertaking ............ 13
17. Power to let undertaking ............. 14
18. Power to mortgage undertaking ........ 14
19. Right of user by Government .......... 14
20-21A. (Repealed) ................................. 14
22. Fares ................................15
23. Limitation of obligation to carry passengers is





Section Page
24-29. (Repealed) ........................15
30. Service of summons, etc . ............15
31. Form and delivery of notice ..........15
32. Tender of amends .....................16
33. Recovery of fares, etc . .............16
34. Responsibility of company for damage .16
35. (Repealed) ...........................17
36. Saving ...............................17





CHAPTER 265

PEAK TRAMWAY

To authorize the construction of the Peak Tramway.

(Amended 8 of 1912 s. 25)

[3 November 18831

Originally 6of 1883 (Cap. 3041950 Ed.) -18 of 1883,29 of 1901,9 of 1902,14 of 1909,12 of
1910, 13 of 1911, 19 of1911, 50 of 1911, 51 of 1911, 62 of 1911, 63 of 1911, 8 of 1912,
18 of 1923, 5 of 1924, 10 of 1926, 17 of 1935, 27 of 1937, G.N. 671 of 1946, 20 of 1948,
24 of 1950, 4 of 1951, 31 of 1956, 48 of 1972, L.N. 189 of 1972, 66 of 1972, L.N. 241 of
1975, 77 of 1975, L.N. 156 of 1977, L.N. 277 of 1979, L.N. 47 of 1980, L.N. 76 of 1982,
L.N. 222 of 1982, L.N. 298 of 1982, 67 of 1982,13 of 1984, L.N. 127 of 1986,57 of 1986,
R. Ed. 1986,26 of 1989.

1. Short title

This Ordinance may be cited as the Peak Tramway Ordinance.

(Amended 8 of 1912 s. 25; 5 of 1924 s. 6)

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'company' means the Peak Tramways Company Limited; (Amended 10 of 1926s.2)

'tramway' includes cars and trucks used upon the tramway; (Added 26 of 1989s.2)

'works' or 'undertaking' means the works or undertaking of whatever nature which
by this Ordinance are or is authorized to be executed. (Amended 20 of 1948 s.
4)

2A. Right to run and operate the tramway

(1) Upon the payment to the Government by the company of a non

refundable premium of $2,790,000 within 14 days after the commencement of
the Peak Tramway (Amendment) Ordinance 1986 (57 of 1986), the company
shall have the right to run and operate the tramway authorized by this
Ordinance, along the route specified in section 3, for a period of 10 years
commencing on 1 January 1984.
(2) The Secretary for Transport shall-

(a)if within 2 years after the commencement of the Peak Tramway
(Amendment) Ordinance 1986 (57 of 1986) there is produced to him
evidence of a commitment by the company to the carrying out of
approved works for the modernization and improvement of the
tramway and ancillary equipment; and





(b)if such commitment is of a kind and in a form satisfactory to him,

by notice in the Gazette grant to the company the right referred to in subsection (1)
for a further period of 10 years commencing immediately after the expiration of the
first such period.

(3) For the purposes of subsection (2) 'approved works' means works
approved by the Secretary for Transport.

(4) The right conferred by subsections (1) and (2) shall be subject to this
Ordinance.

(Added57of 1986s. 2)

3. Power to construct and work certain tramways

(1) The company may construct and maintain, subject to the provisions of this
Ordinance and in accordance with the plan which has been deposited as hereinafter
mentioned, the tramway hereinafter described, with all proper stations, crossings,
passing places, sidings, junctions, rails, turn-tables, plates, offices, weighbridges,
sheds, works, and conveniences connected therewith or for the purposes thereof,
and may work and use the same. (Amended 51 of 1911; 63 of 1911 Schedule; 8 of
1912 s. 25)

(2) The tramway authorized by this Ordinance is a partly single and partly
double line, commencing from the southwest boundary of Inland Lot 7977, thence
passing in a southerly direction up the hillside, crossing over Kennedy Road by
means of a bridge and under Macdonnell Road, Magazine Gap Road and May Road
Bridges to the terminus at Victoria Gap terminating on the boundary of Rural
Building Lots 768, 762 and 858, as shown on plan No. MH2528b dated 23 September
1985 deposited in the Land Office, Victoria and signed on behalf of the Director of
Lands and on behalf of the company:

Provided that such alteration as the company thinks fit may be made to the
position of the rail-tracks of the tramway as shown on the said plan so long as they
are within the limits of deviation shown on the said plan. (Replaced 57 of 1986s.3)

4. Power to alter levels of ground etc.

Subject to the approval of the Secretary for Transport, the company may alter
the levels of the ground on which the tramway is laid, 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 in such
manner as to prevent its being washed down by rain into the harbour.

(Amended50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911
Schedule; 8 of 1912 s. 25; 26 of 1989 s. 7)





5. Power to make additional crossings, etc.

Subject to the approval of the Secretary for Transport, after timely and adequate
notification by public advertisement or otherwise of the intention of the company to
apply for such approval, the company may construct and maintain, subject to the
provisions of this Ordinance and in accordance with plans to be previously
deposited with the Secretary for Transport, all such crossings, passing places,
sidings, junctions, turn-tables, and other works in addition to those particularly
specified in and authorized by this Ordinance as may be approved by the Secretary
for Transport, and may work and use the same.

(Amended50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of
1948 s. 4; 26 of 1989 ss. 7 & 8)

6.(Repealed 26 of1989 s.]])

7. Protection of sewers, etc.

(1) Where the tramway, or any work connected therewith, interferes with any
sewer, drain, watercourse, or subway, or in any way affects sewerage or drainage,
the company shall not commence such tramway or work until it has given to the
Secretary for Transport 14 days' notice in writing of its intention to do so together
with all necessary particulars relating thereto, nor until the Secretary for Transport
has signified his 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. (Amended50 of 1911; 51 of 1911 S. 4; 62 of 1911 Schedule; 63 of 1911
Schedule; 20 of 1948 s. 4; 57 of 1986 s. 4; 26 of 1989 ss. 3 & 8)

(2) The company shall comply with the directions of the Secretary for Transport
in the execution of the said works and shall provide by new, altered, or substituted
works, in such manner as he may require, for the proper protection of, and for
preventing injury or impediment to, the sewers and works hereinbefore referred to by
or by reason of the tramway, and shall save harmless the Secretary for Transport
against the expense occasioned thereby. (Amended50 of 1911; 51 of 1911; 62 of
1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s.
8)

(3) All such works shall be done by or under the superintendence of the
Secretary for Transport, at the cost and expense of the company. (Amended 51 of
1911 s. 4; 20 of 1948 s. 4)

(4) When any new, altered, or substituted work is completed, the same shall
thereafter be as completely under the control of the Secretary for Transport, and be
maintained by him, as any other sewers or works. (Amended50 of 1911; 51 of 1911
s. 4; 62 of 1911 Schedule; 20 of 1948 s. 4)

(Amended 8 of 1912 s. 25; 26 of 1989 s. 8)





8. Settlement of differences between

company and Director

If any difference arises between the company and the Secretary for Transport
with respect to any interference or control exercised or claimed to be exercised by the
company or the Secretary for Transport, by virtue of this Ordinance, in relation to the
tramway or any work, or in relation to any work or proceeding of the Secretary for
Transport, or with respect to the propriety or the mode of execution of any work
relating to the tramway, or on the question whether any work is such as ought to
satisfy the Secretary for Transport, 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 the Governor in
Council, on the application of either party.

(Amended50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911
Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8)

9. Discontinuance of tramway by company

(1) 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, the want of sufficient funds not
being considered a circumstance beyond its control), the Governor in Council may,
by order, declare that the powers of the company in respect of such tramway, or the
part thereof so discontinued, shall, from the date of such order, be at an end, and
thereupon the said powers of the company shall cease and determine, unless the
tramway is purchased by the Government in the manner provided by this Ordinance.
(Amended50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8
of 1912 s. 25)

(2) Where any such order has been made, the Secretary for Transport 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, remove the tramway or part of the tramway so
discontinued, and the company shall pay the cost of such removal which shall be
certified by the Secretary for Transport, and the certificate shall be final and
conclusive. (Amended50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911
Schedule; 20 of 1948 s. 4)

(3) If the company fails to pay the amount so certified within 2 months after
delivery of such certificate or a true copy thereof, the Secretary for Transport may,
without 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
so removed, either by public auction or private sale, 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, shall be paid to the
company. (Amended50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911
Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8)

10. 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 such 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 it
appears that the company is so insolvent as aforesaid, he 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 tramway is purchased by the Government in
the manner provided by this Ordinance; and thereupon the Secretary for Transport
may remove the tramway in like manner and subject to the same provisions as to the
payment of the cost of such removal, and to the same remedy for recovery of such
cost, in every respect as in cases of removal under section 9.

(Amended50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911
Schedule; 8 of 1912 s. 25; 5 of 1924 s. 8; 20 of 1948 s. 4; 26 of 1989 s. 8)

11. Purchase by Government of tramway

(1) The Governor in Council may, within 3 months after any order made by the
Governor in Council under section 9 or 10, by notice in writing require the company
to sell, and thereupon the company shall sell, to the Government its undertaking on
the terms of paying the then value (exclusive of any allowance for past or future
profits of the undertaking or any compensation for compulsory sale or other
consideration whatsoever) of the tramway, and all lands, buildings, works, materials,
and plant, suitable to and used for the purposes of its undertaking, such value to be,
in cases of difference, determined upon petition to the court in a summary way:

Provided that, if on any such land the company shall have erected any building,
or any portion of a building, for purposes other than its undertaking, such land and
the whole of such building shall be deemed to be included in the undertaking unless
the Governor in Council by notice in writing declares that such land and building
shall be excluded from the sale. (Amended50 of 1911; 51 of 1911; 62 of 1911 Schedule;
63 of 1911 Schedule; 8 of 1912 s. 25; 17 of 1935 s. 2; 20 of 1948 s. 4; 57 of 1986 s. 5)

(2) When any such sale has been made, all the rights, powers, and authorities
of the company in respect of the undertaking sold, or, where any order has been
made by the Governor in Council under section 9 or 10,





all the rights, powers, and authorities of the company previous to the making of such
order in respect of the undertaking sold, shall be transferred to, vested in, and may
be exercised by the Government. (Amended 5 of 1924 s. 8)

(Amended 8 of 1912 s. 25; 20 of 1948 s. 4)

12. Motive power, etc.

The tramcars, motive power, machinery, and apparatus of any kind whatsoever,
used on or for the tramway shall be subject to the approval of the Secretary for
Transport, and no tramcar, motive power, machinery, or apparatus, which has been
disapproved by the Secretary for Transport shall be used on or for the tramway.

(Replaced 10 of 1926 s. 3. Amended 20 of 1948 s. 4; 26 of 1989 ss. 7,
9 & 10)

13. Construction of tramcars

Every tramcar 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 tramcar, and their protection from the machinery used for
drawing or propelling such tramcar.

(Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 9)

14. Design and construction

The design and construction of the tramway shall be in accordance with any
Code of Practice issued from time to time under section 14A and shall have regard to
the safety of all persons using, operating or being in the vicinity of the tramway.

(Replaced 26 of 1989 s. 4)

14A. Code of Practice in relation to design

The Director of Electrical and Mechanical Services may issue from time to time
a Code of Practice dealing with the design and construction of the tramway and
notify the issue thereof in the Gazette.

(Added 26 of 1989 s. 4)

14B. Appointment of inspectors

(1) The Secretary for Transport may in writing appoint any person to be an
inspector for the purposes of this section and section 14C.





(2) An inspector who is not a public officer may be paid, as a fee for his
services, such amount as the Financial Secretary thinks fit.

(3) The powers conferred by section 14C or by regulations made under section
15 shall be exercised by an inspector only

(a)for the purpose of testing and examining the tramway following the
carrying out of work thereon; or

(b)for the purpose of ensuring the safety of the tramway or any part
thereof;or

(c)where an inspector is directed to investigate an accident on any part
of the tramway under such regulations, for the purpose of carrying out
such investigation.

(4) Mffiere an inspector exercises any power under this Ordinance, he shall
produce evidence of his identity, and of his appointment, to any person who
requests him to do so.

(5) An inspector may take with him such persons as he reasonably requires to
assist him in the exercise of his powers under this Ordinance.

(Added 26 of 1989 s. 4)

14C. General powers of inspectors

(1) An inspector may at all reasonable times-

(a) enter upon premises to which this subsection applies;

(b)carry out on premises to which this subsection applies, or on any
machinery, plant or equipment thereon, such tests and inspections as
he considers necessary in the exercise of his powers under section
14B(3);

(c) require any person to whom this subsection applies-

(i) to do anything which the inspector reasonably considers to be
necessary for facilitating any test or inspection carried out
under section 14B(3) or paragraph (b) of this subsection;

(ii)to provide the inspector with such information relating to the
tramway or any machinery, plant or equipment connected with
the tramway as the inspector may specify, and to answer any
question or produce for inspection any document which is
necessary for that purpose;

(d)make copies of any document produced to him pursuant to paragraph
(a)(ii).

(2) Subsection (1) applies to

(a)the tramway premises and the premises of any contractor or
subcontractor who is carrying out or has carried out any work on the
tramway; and

(b)any employee of the company, any contractor or subcontractor
mentioned in paragraph (a) and any employee of such a contractor or
subcontractor.





(3) Any person who-
(a)without lawful excuse, fails to comply with a requirement made
under subsection (1)(c);
(b)furnishes to an inspector acting under subsection (1)(c) in-
formation that is false or misleading in a material particular;
(c)obstructs an inspector in the exercise of his powers under sub-
section (1),
commits an offence and is liable to a fine of $5,000 and to imprisonment for 6
months.
(4) Where a person is charged with contravening any of the provisions of
subsection (3), it shall not be a defence to the charge that compliance with a
requirement under subsection (1)(c) would tend to expose that person to any
other proceedings for a criminal ofrence; but nothing done in compliance with a
requirement under subsection (1)(c) shall be admissible in evidence in such
other proceedings.
(Added 26 of 1989 s. 4)
14D.Secretary for Transport may order
that defects he remedied

(1) Where in the opinion of the Secretary for Transport-
(a)the condition of any part of the tramway or of any machinery,
plant or equipment of such part;
(b)the manner in which the tramway or any part thereof is being
operated,
is such as to cause, or to be likely to cause, a risk of injury to any person, the
Secretary for Transport may direct the company to carry out such work, or to
take such steps, as he may specify in the order to ensure that the condition of
the tramway, or of the part or the machinery, plant or equipment in question,
or the manner of operation will cease to constitute such a risk.
(2) A direction under subsection (1) shall be in writing and may specify
the date before which the company shall commence to carry out the specified
work or take the specified steps and the date by which the same shall be
completed.
(3) If the company fails without reasonable excuse to comply with a
direction under this section the company commits an offence and is liable to a
fine of $100,000 and to a further fine of $10,000 for each day during which the
failure to comply with the direction has continued.
(4) A copy of a document which purports to be a direction signed by the
Secretary for Transport for the purposes of subsection (1)~-
(a)shall be admitted in evidence in proceedings for an offence under
subsection (3) on its production without further proof., and





(b)shall be sufficient evidence of the opinion of the Secretary for
Transport.

(Added 26 of 1989 s. 4)

14E. Closure of tramway for safety reasons

(1) The company shall close or partially close the tramway to the use of the
public, if so required by notice in writing by the Secretary for Transport whenever
the Secretary for Transport is not satisfied that the tramway is in safe working order,
and is of opinion that any further operation of the tramway would be, or would likely
to be, dangerous.

(2) If the Secretary for Transport is not satisfied that the tramway is in safe
working order, and is of opinion that no immediate danger will arise from further
operation of the tramway, he may, by notice in writing, require the company to put
the tramway in safe working order to his satisfaction within a period specified in
such notice.

(3) Upon expiration of the period specified under subsection (2), if the tramway
has not been put in safe working order to his satisfaction, the Secretary for
Transport may, by notice in writing, direct the company to close or partially close
the tramway to the use of the public.

(4) Whenever the tramway is directed to be closed or partially closed under this
section the tramway or such part thereof thereby affected shall not thereafter be
operated for the use of the public without the written consent of the Secretary for
Transport.

(Added 26 of 1989 s. 4)

14F. Closure of tramway for repairs or alterations

(1) The company may close or partially close the tramway to the use of the
public whenever necessary to enable any repairs or alterations to be effected to the
tramway.

(2) The company shall forthwith notify the Secretary for Transport of any
closure or partial closure under subsection (1).

(Added 26 of 1989 s. 4)

14G. Offence of interfering with tramway etc.

(1) A person commits an offence if he wilfully

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

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

(c)does or causes to be done anything in such manner as to obstruct
any person using the tramway; or





(d)does or omits to do anything in relation to the tramway that
endangers or is likely to endanger the safety of any person
travelling or being upon the tramway.
(2) Any person who commits an offence under subsection (1) is liable to a
fine of $5,000 and to imprisonment for 6 months.
(Added 26 of 1989 s. 4)

14H. Offence of negligence by employee

(1) An employee of the company commits an offence if, in connection
with his employment, he negligently does or omits to do anything in relation to
the condition or operation of any part of the tramway that endangers or is
likely to endanger the safety of any person travelling or being upon the
tramway.
(2) An employee who commits an offence under subsection (1) is liable to
a fine of $5,000 and to imprisonment for 6 months.
(3) For the purposes of subsection (1) negligence is the failure to exercise
such care or skill as a reasonable employee in the situation would exercise.
(Added 26 of 1989 s. 4)

15. Regulations

(1) The Governor in Council may make regulations for all or any of the
following matters-
(a) controlling and regulating the maintenance and operation of the
tramway and providing for safe systems of operation;
(b) providing for the approval by the Secretary for Transport of the
carrying out of work on the tramway;
(c) regulating the carrying out of any work on the tramway;
(d) providing for the inspection, examination and testing of the
tramway and work being carried out thereon including-
(i) the control by the Secretary for Transport, of the
employment by the company of any person or class of
person, in connection with the carrying out of work on the
tramway or, the maintenance and operation of the tramway
and the imposition of duties on the company and on any
such person or class of person for the purpose of such
control;
(ii) the keeping by the company of records and logs;
(iii)the supply by the company, of information relating to the
tramway;
(iv)the display by the company, of notices relating to the
tramway; and
(v) the reporting of accidents and investigations thereof;





(e)providing for the safety of persons using or being in the vicinity
of, or employed in the operation and maintenance of, the
tramway; and
(f) providing for the better carrying into effect of this Ordinance.
(2) Regulations made under this section may provide that a contravention
of any specified provisions shall be an offence and may prescribe a penalty
therefor not exceeding a fine of $50,000 and imprisonment for 2 years, and in
the case of a continuing offence, a further fine of $1,000 for each day on which
the ofrence continues.
(Replaced 26 of 1989 s. 5)

15A. By-laws

(1) The company may, with the approval of the Legislative Council, make
by-laws-
(a) regulating the conduct of persons travelling or being in or upon
~ the tramway; and
(b)for the prevention of annoyance to persons travelling or being in
or upon the tramway.
(2) The following provisions shall apply to by-laws made under
subsection (1)-
(a)any by-law so made may provide that a contravention of
specified provisions thereof shall be an offence and may prescribe
penalties therefor not exceeding a fine of 55,000 and im-
prisonment for 6 months;
(b)prosecutions for offences under any by-law so made may be
brought in the name of the company;
(e)the company shall cause to be printed copies of all by-laws so
made which shall be kept at its principal office and be available
for sale to any person at a reasonable cost.
(Added 26 of 1989 s. 5)

16. Power to sell undertaking

(1) Subject to the approval of the Governor in Council the company may
sell or assign its undertaking, or any part thereof, 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 may think fit, with power at any such sale to fix a
reserve price for or buy in the same. (Amended50 of 1911; 51 of 1911; 62 of
1911 Schedule; 63 of 1911 Schedule)
(2) When any such sale or assignment has been made, all the rights,
powers, authorities, obligations, and liabilities of the company in respect to the





undertaking, or part thereof, sold or assigned, shall be transferred to , vested in,
and may be exercised by, and shall attach to, the person to whom the same has
been sold or assigned, in like manner as if the undertaking, or part thereof, sold
or assigned, was constructed by such person under the powers conferred by this
Ordinance, and in reference to the same he shall be deemed to be the company.
(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)
(Amended 8 of 1912 s. 25; 20 of 1948 s. 4)

17. Power to let undertaking

Subject to the approval of the Governor in Council, the company may
demise its undertaking, or any part thereof, to such person and for such term,
and on such conditions, in all respects as the company may think fit, to take
effect either in possession or at some future date, and either with or without a
premium as a consideration for such demise.
(Amended50 of 1911; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948
s.4)

18. Power to mortgage undertaking

It shall be lawful for the company to borrow money on mortgage of all or
any part of its undertaking, and for that purpose to assign or demise by way of
mortgage all or any portion of 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 may think fit.
(Amended50 of 1911; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948
s.4)

19. Right of user by Government

The Governor in Council may, by order, direct that precedence over the
company and all other persons in the user of the tramway be taken for
defensive or military purposes or for the passage of troops and war material, on
giving to the company, on each occasion of such user, 3 clear days' notice, and
shall direct the payment to the company therefor of such fares as may be agreed
on. If no agreement is come to, then the amount of such fares shall be
determined upon petition to the court in a summary way.
(Amended50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911
Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 57 of 1986 s. 6)

20. (Repealed 26 of1989 s.]])

21. (Repealed 57of 1986s. 7)





21A. (Repealed 57of 1986s. 7)

22. Fares

(1) Subject to subsection (2), the company may charge such fares for the use of
the tramway as it may fix from time to time, which shall be paid to such persons, at
such places, and in such manner as the company may, by notice annexed to the list
of fares exhibited under subsection (3), appoint.

(2) If any person applies for a monthly ticket for the use of the tramway, the
company shall issue the monthly ticket and the charge for the monthly ticket shall
not exceed 25 times the standard fare for a full distance single journey. (Replaced 26 of
1989 s. 6)

(3) A list, printed in the English and Chinese languages, of all the fares to be
charged and the monthly ticket charge shall be exhibited in a conspicuous place at
the offices of the company and inside each tramcar used upon the tramway.

(Replaced 57 of 1986 s. 8; 26 of 1989 s. 9)

23. Limitation of obligation to carry passengers

If the tramcars during any journey contain their authorized complement of
passengers, the company shall not be bound to find accommodation for any other
passenger, notwithstanding that he may have purchased a ticket entitling him to
travel on the tramway.

(Amended50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911
Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4,-26 of 1989 s. 10)

24-29. (Repealed 26 of 1989 s. 11)

30. Service of summons, etc.

Any summons, writ, or other proceeding required to be served on the company
may be served by the same being left at, or sent by post directed to, the principal
office of the company, or being given or sent by post directed to the secretary, or, in
case there is no secretary, the solicitor of the company.

(Amended50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911
Schedule; 8 of 1912 s. 25,.20 of 1948 s. 4)

31. Form and delivery of notice

With respect to notices, and to the delivery thereof by or to the company, the
following provisions shall have effect

(a) every notice shall be in writing; and





(b)a notice to be delivered by or to the company to or by any other
company or person may be delivered by being left at the office of such
other company or person, or at the then present or then last-known
place of abode or residence of such person, or of his ostensible agent,
or of other the agent who pays the rents, rates, and taxes payable in
respect of the property of such person, or by being affixed on some
conspicuous part of any lands affected or intended to be affected by
such notice, or by being left at the office of the company, as the case
may be, or by being sent by post in a registered letter addressed, as
the case may be, to the clerk or secretary of such other company at its
principal office, or to such person at his then present or then last-
known place of abode or residence or at his office or business
premises, or by being so sent by post addressed to the ostensible
agent or agents of such person, or other the agent or agents aforesaid,
or to the clerk or secretary of the company at its principal office.

(Amended50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of
1948s.4)

32. Tender of amends

(1) If any party has committed any irregularity, trespass or other wrongful
proceeding in the execution of this Ordinance or by virtue of any power or authority
hereby given, and if, before action brought in respect thereof, such party makes
tender of sufficient amends to the party injured, such last-mentioned party shall not
recover in any such action.

(2) If no such tender has been made, it shall be lawful for the defendant, by
leave of the court wherein such action is pending, at any time before answer filed, to
pay into court such sum of money as he may think fit, and thereupon such
proceedings shall be had as in other cases where defendants are allowed to pay
money into court. (Amended 51 of 1911; 63 of 1911 Schedule)

(Amended 8 of 1912 s. 25; 20 of 1948 s. 4)

33. Recovery of fares, etc.

Any fare, or penalty imposed by this Ordinance, the recovery of which is not
otherwise provided for, may be recovered before a magistrate.

(Amended50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911
Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 57 of 1986 s. 10)

34. Responsibility of company for damage

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
tramcars, and shall save harmless all other companies or bodies, collectively
and individually, their officers and servants, from all damages and cost in
respect of such accidents, damages, and injuries.
(Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 10)

35. (Repealed 57of 1986s.]])

36. Saying

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 4 of 1951 Schedule)

https://oelawhk.lib.hku.hk/items/show/3042

1964

v17

265

18