KOWLOON GODOWNS TRAMWAYS ORDINANCE, 1897
Title
KOWLOON GODOWNS TRAMWAYS ORDINANCE, 1897
Description
ORINANCE NO. 7 OF 1897.
Kowloon Godowns Tramways
AN ORDINANCE to authorize the Hongkong and Kowloon
wharf and godown company, limited , to lay and main-
tain tramways on certain public roads at kowloon in
this colony,and to confer upon the said Hongkong and
kowloon wharf and godown company, limited, certain
other right, powers, and privileges.
[1st December, 1897.]
WHEREAS the Hongkong and kowloon wharf and godown
company, limited, whose registered office is at no.4 praya
central,victoria,Hongkong,is desirous of laying and maintaining
certain tramways, in addition to those already existing, for the purpose
of removing,storing,loading,and discharging cargo;and whereas the
said Hongkong and kowloon wharf and godown company, limited ,
has applied to the Government of the colony to confer upon it the
necessary powers for carrying out the construction and maintenance of
such tramways by means of an ordinance,and it is expedient that such
powers should be granted to the said Hongkong and Kowloon wharf
and godown company,limited , under and subject to the conditions,
restrictions, and provisions hereinafter contained:
BE it therefore enacted by the Governor of Hongkong , with the advice
and consent of the legislative council thereof, as follows:-
1. this ordinance may be cited as the kowloon godowns tramways
ordinance ,1897.
2.-(1) the Hongkong and kowloon wharf and godown company,
limit (hereinafter called the company), and its assigns may, subject
to the provisions of this ordinance and in accordance with plans and
specifications to be approved by the Governor-in-council from time to
time, lay down, maintain, renew, and remove all or any or either of
the tramways hereinafter mentioned and described, with all proper
signalling arragements, crossings , bridges , passing places ,sidings
junctions, turn-tables ,rails ,and conveniences connected therewith or for
the purposes thereof, and the company and its assigns shall have the
exclusive right to work and use the same:
provided always that such right shall not be deemed to prohibit the
use of the roads whereon such lines may be laid for ordinary traffic at
all times. (2) the tramways authorized by this ordinance are-
tramway No.1-a treble line 857 yards or thereby in length ,
commencing at a point in the praya opposite the northern
boundary of marine lot no.22, thence poceeding southward,
and terminating at a point in the praya aforeasid oppsite the
eastern boundary of marine lot no.9;
tramway No.2.-a double line 913 yards or thereby in length,
commencing at a point in the praya opposite the northern
boundary of marine lot no. 22, thence proceeding eastward
along the road between marince lot no.22 and the rpyal naval
yard to its junction with macdonnell road, thence proceeding
southward along macdonnell road , and terminating at a point
in the prays opposinte the eastern boundary of marine lot
no.9;
tramway No. 3-a dounle line 270 yards or thereby in length ,
commencing at a point in the praya on the line of tramway
no.1, thence proceeing eastward along elgin road , and ter-
minating at a point in the elgin road on the line of tramway
no.2 ; and
tramway No.5-a double line 13 yards or thereby in length ,
commencing at a point in macdonnell road 50 yards or thereby ,
south of the northern boundary of marine lot no. 20 , thence
proceeing in an easterly direction , and terminating at a point
in macdonnell road aforesaid 50 yards or thereby south of the
northern boundary of inland lot no.213:
provided always that were any tramways already existing are included
in the tramways authorized by this ordinance , such tramways already
existing shall , for the purposes of this ordinance, be deemed to have
been authorized by and to come under this ordinance.
3.before the commencement of the ocnstrution of any of the said
ramways not already constructed , the said company or its assigns
shall deposit in the office of the director of public works , for the
approval of the governor-in-council, plans and specifications showing in
detail the mode of construction of the said tramways and roadways or
such of them as the company or its assigns may then be desirous of
constructing, and none of the said tramways shall be commenced until
a notification in writing of such approval as aforesaid has been obtained. 4. where a treble or double line of tramway is hereby authorized to be
laid down, it shall not be compulsory upon the company or its assigns
to lay down a treble or double line, but it or they may , at its or their dis-
cretion, lay down in the first instance a sigle or double line of tramway
in lien, thereof respectively, and may , at the like discretion, from time to
time thereafter convert any then existing line into into a single or double or
treble line, where such double or treble line is authorized by this ordi-
nance.
5.the tramways authorized by this ordinance shall be constructed
on a gauge not exceeding two feet in width ,and with rails of such
material and type as shall, before being laid down, be approved of by
the director of publice works , and shall be laid and maintained in
sucb manner that the uppermost surface thereof shall be on a level
wiht the surface of the road :prjovided that the Governor-in-council
may from time to time require the company or its assigns to adopt
and apply, at its or their sole cost and charges, such improvement in or
additions to the said tramways and all appliances connected therewith ,
including the movtive pjower and trucks employed thereon, rails,sleeperes,
turn-tables, signalling arrangements, and substructure, as experience
may suggest, having regard to the greater secruity of the public and
advantage jto the ordinary traffic , and the comapny or its assigns
shall , with all reasonable despatch, comply with any order made by the
Governor-in-council for the purpose of carrying out any such improve-
ments .
6. the company and its assigns may from to time , for the
purpose of makiing , forming , laying down , maintaining, renewing,
altering, adding to , or removing any tramway authorized by this
any road, subject to the following regulations:-
(1) the company or its asigns shall give to the director of public
works notice of its or their intention, specifying the time at which
it or they will begin to do so and the portion of road proposed to be
opened or broken up, such notice to be given seven days at least
before the commencement of the work; and
(2) the company or its assigns shall not open or break up or alter the
level of any road, except wiht the authority, under the superin-
tendence, and to the satisfaction of the director of public works.
7-(1) when the company or its assigns has or have opened or
broken up any portion of any road, it or they shall be under the
following futher obligations, namely,-
(a) the company or its assignns shall , with all convenient speed,
complete the work on account fo which it or they opened or broke up the same , (and subject to the formation, maintaining , renewal,
or alteration of , addition to , or removal of the tramway ) fill in
the ground ,and make good the surface, and restore the road ,
to the satisfaction of the director of public works; and
(b) the company or its assigns fail to comply with this sec-
tion , it or they shall for every offence (wihtout prejudice to the enforce-
ment of the specific performance of the requirements of this ordinance or
to any other remedy against it or them ) be liable , on summary convictions ,
to a penalty not exceeding one hundred dollars ,and to a further penalty
not exceeding twenty-five dollars for each day during which any such
failure continues after the first day on which such penalty is incurred.
8.-(1) the company or its assigns shall maintain in good con-
dition and repair,aand at their proper level , so as not to be a danger or
annoyance to the ordinary traffic, the rails of which any of the tram-
way authorized by this ordinance for the time being consist, and
the turn-tables ad other appliances used in connexion with such
tramways , and the substructure upon which the same rest, together
with the roadway between the rails of each tranway and so much
of the roadway as extends outsid the rails of each tramway to a width
of eighteen inches ; and if the director of public works from time to
time or at any time hereafter alters the level of any road , bridge,or
culvert along or across which any fo the said tramways is laid , then and
in such event and so often as the same may happen the company or its
assigns shall , at its or their own expense, alter the rails so that the upper-
most surface thereof shall be on a level with the surface of the road,
bridge , or culvert as altered.
(2) if the company of its assigns makes or make default in complying
with this section , it or they shall for every offence be liable , on summary
conviction ,to a penalty not exceeding twenty-five dollars , and , in cast of
a continuing offence , to a further penalty not exceeding ten dollars for
every day after the first on which such default continues .
9.if , at any time after the comencement of the construction of any of
the tramways authorized by this ordinance , the company or its assigns
fails or fail to proceed therewith for a period of wix months , or , after the
completion thereof , discussor disuse the same or any part therof for six
months ,without affording the governor-in-council some satisfactory
reason for the discontinuance or disuse of such tramway, as the case may
be , it shall be lawful for the governor-in-council to abate and remove the
same , and restore the site to its former condition, at the cost of the
company or its assigns , and the amount of such cost shall be a debt due
to the government and recoverable against the compny or its assigns.
10. subject to the appoval of the governor-in-council being first
obtained (but not otherwise), the company and its assigns may ,
at any time and from time to time , sell, assign , or absolutely dis-
pose of the said trammways or any part or parts thereof and the rights
conferred by this ordinance to such person ,corporation, or company , by
public auction or private contract or partly by public auction and partly
by private contract, and with , under, subject to such terms and
conditions in all respects as the company or its assigns may think fit,
with power at any such sale to fix a reserve price for or buy in the same ;
and when any such sale , assignment , or absolute disposal has been made ,
all the rights , powers , authorities , obligations, and libilities of the
company and its assigns in respect to the said tramways, or the part
or parts thereof sold , assigned ,or absolutely disposed of , shall be trans-
ferred to and vested in, and may be exercised by , and shall attach to the
person, corporation, or company ot whom the same has or have been sold ,
assigned, or absolutedly disposed of , in like manner as if the said tramways
or part or parts thereof , or the rights hereby conferred , sold , assigned,
or absolutedly disposed of , was or were constructed by such person , cor-
porations , or company under the powers conferred upon him or it by
this ordinance , and in reference to the same he or it shall be deemed
to be the company or its assigns.
11. subject ot the approval of the governor-in-council being first
obtained (but not otherwise) , the ocmpay and its assigns may , at
any time and from time to time , demise the said tramways , together
with the rights, powers , and privileges conferred by this ordinance or
any part or parts thereof , to such person , corporation , or company ,for
such term or terms , or from year to year, or for any less period,
and for suhc rent or rents , and on such terms and conditions in all
respects as the company or its assigns may think fit to adopt, to take
affect either in possession or reversion and either with or without a
premium or premiums as consideration or considerations for such de-
mise or demises.
12. it shall be lawful for the company and its assigns , at any time
and from time to time , to borrow money on mortgage of all or any
part of the said tramways , together with the rights , powers ,and privi-
leges conferred by this ordinance , and for that purpose to assign or
demise , by way of mortgage , all or any portion of the said tramways
to any person ,corporation , or company , and to enter into all such cove-
nants ,provisoes, declarations,and agrrements as the company or its
assigns may think fit and proper. 13. the rights , powers ,and privileges granted by this ordinance to
the company and its assings shall continue in force for twenty years
to be computed from the 23rd day of September,1884 : provided always
that the governor-in-council may form time to time, so often as the
governor-in-council may think it expendient , by order to be published
in the gazette, declare that the duration of such rights , powers ,and
privileges shall be extended for any further term or terms ,not exceeding
ten years at a time , and thereupn such rights , powers and privileges
shall continue in force for such extended period .
14.-(1) on the cessation of the rights , powers, and privileges granted
by this ordinance, it shall be at the option fo the governor-in-council
to purchase the tramways and works authorized by this ordinance from
the company or its assigns for a price which shall be exclusive of any
allowance for past or past or future profits of the undertaking or ay compen-
sation for compulsory sale , to be determined , in case of difference, by two
arbitrators to be nominated one by the governor-in-council and the
other by the company or its assigns ; and ,in case the said arbitrators
cannot agree , by an umpire to be agreed upon between them .
(2) if the governor-in-council does not exercise the option to buy
within one month of such cessation as aforesaid , the company or its
assigns shall, at its or their own expense , remove the said tramways and
works and restore the site thereof to its former condition ,and, in the
event of its or their failure to do so within one ywar of the date of such
cessation ,it shall be lawful for the governor-in-council to abate and
remove the same , and restore the site thereof to its former condition, at
the cost of the company or its assigns, and the amount of such cost
shall be a debt due to the government and recoverable against the
company or its assigns accordingly .
15. nothing in this ordinance shall deemed to alter or affect the
provisions of any enactment for the time being in force conferring powers
upon the director of public works with respect to stopping or otherwise
dealing with streets and roads.
16.nothing in this ordinance , otherwise than as specially enacted
herein , shall be construed to interfere in any way with any existing
rights in or in relation to ay land or any bridge or culvert on or over
which the said tramways are to be constructed or the lands or foreshore
adjoining the same ; and the rights ,powers ,and privileges granted by
this ordinance are so granted , saving and reserving always the rights of
her majesty,and of all bodies polite and corporate, and of all other
persons and those claiming by,from, and under them , except as herein
otherwise provided.
17. it shall be lawful for the company and its assigns from time to
time to make suhc rules and regualtatios as may be necessary for the use
and due maintenance of the said tramways : provided always that no
such rules and regulations, nor any repeal or variation thereof, shall come
into force until the same have been approved by the governor-in-council
and have been published in the gazette.
18. every person who commits a breach of any of the rules and regu-
lations made in pursuance of this ordinance shall, on summary convic-
tion, be liable to a penalty no exceeding fifty dollars.
19. In all proceedings before any court, the rules and regulations in
force for the time being under this ordinance shall be sufficiently proved
by the production of a copy the gazette in which the same are pub-
lished and contained.
20. If the company or its assigns fails or fiail to make or vary such
rules and regulation as, in the opinion of the governor-in-council, are
requisite for the protection of the rights of the inhabitants of the colony
or for the public safety, the governor-in-council may make an order, to
be served on the company or its assigns, limiting a time for the
making or varying of such rules and regulaitons, and if such rules and
regulations are not made or varied by teh time prescribed in such order,
the governor-in-council may make or vary suhc rules and regulations,
which, when made or varied and published in the gazette, shall have
the same force and effect as if they were specially enacted herein.
21. The company and its assigns shall from time to time cause to
be painted on boards , or to be printed and attached in large and legible
characters, in English and Chinese, a statement of the rules and
regulations in force , and shall cause such boards containing such
statement to be fixed on some conspicuous part of its or their premises.
A.D. 1897 Ordinance No. 18 of 1897, with Ordinances No. 9 of 1898 and No. 23 of 1900 incorporated. Short title. Power to Hongkong and Kowloon Wharf and Godown Company, Limited, to construct and maintain certain tramways at Kowloon. Deposit of plans before commencement of construction. Power to vary description of line. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails, roads, etc., at their proper level and in good condition. Power for Governor-in-Council to abate and remove tramways in certain events. Power to sell tramways. Power to demise tramways. Power to mortgage tramways. Duration of the Ordinance. Cessation of powers, etc., granted by the Ordinance. Saving of power to stop roads, etc. Saving of existing rights in relation to land, etc. Power to Company to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Power to Governor-in-Council to make rules and regulations in certain events.
Exhibition of rules and regulations.
Kowloon Godowns Tramways
AN ORDINANCE to authorize the Hongkong and Kowloon
wharf and godown company, limited , to lay and main-
tain tramways on certain public roads at kowloon in
this colony,and to confer upon the said Hongkong and
kowloon wharf and godown company, limited, certain
other right, powers, and privileges.
[1st December, 1897.]
WHEREAS the Hongkong and kowloon wharf and godown
company, limited, whose registered office is at no.4 praya
central,victoria,Hongkong,is desirous of laying and maintaining
certain tramways, in addition to those already existing, for the purpose
of removing,storing,loading,and discharging cargo;and whereas the
said Hongkong and kowloon wharf and godown company, limited ,
has applied to the Government of the colony to confer upon it the
necessary powers for carrying out the construction and maintenance of
such tramways by means of an ordinance,and it is expedient that such
powers should be granted to the said Hongkong and Kowloon wharf
and godown company,limited , under and subject to the conditions,
restrictions, and provisions hereinafter contained:
BE it therefore enacted by the Governor of Hongkong , with the advice
and consent of the legislative council thereof, as follows:-
1. this ordinance may be cited as the kowloon godowns tramways
ordinance ,1897.
2.-(1) the Hongkong and kowloon wharf and godown company,
limit (hereinafter called the company), and its assigns may, subject
to the provisions of this ordinance and in accordance with plans and
specifications to be approved by the Governor-in-council from time to
time, lay down, maintain, renew, and remove all or any or either of
the tramways hereinafter mentioned and described, with all proper
signalling arragements, crossings , bridges , passing places ,sidings
junctions, turn-tables ,rails ,and conveniences connected therewith or for
the purposes thereof, and the company and its assigns shall have the
exclusive right to work and use the same:
provided always that such right shall not be deemed to prohibit the
use of the roads whereon such lines may be laid for ordinary traffic at
all times. (2) the tramways authorized by this ordinance are-
tramway No.1-a treble line 857 yards or thereby in length ,
commencing at a point in the praya opposite the northern
boundary of marine lot no.22, thence poceeding southward,
and terminating at a point in the praya aforeasid oppsite the
eastern boundary of marine lot no.9;
tramway No.2.-a double line 913 yards or thereby in length,
commencing at a point in the praya opposite the northern
boundary of marine lot no. 22, thence proceeding eastward
along the road between marince lot no.22 and the rpyal naval
yard to its junction with macdonnell road, thence proceeding
southward along macdonnell road , and terminating at a point
in the prays opposinte the eastern boundary of marine lot
no.9;
tramway No. 3-a dounle line 270 yards or thereby in length ,
commencing at a point in the praya on the line of tramway
no.1, thence proceeing eastward along elgin road , and ter-
minating at a point in the elgin road on the line of tramway
no.2 ; and
tramway No.5-a double line 13 yards or thereby in length ,
commencing at a point in macdonnell road 50 yards or thereby ,
south of the northern boundary of marine lot no. 20 , thence
proceeing in an easterly direction , and terminating at a point
in macdonnell road aforesaid 50 yards or thereby south of the
northern boundary of inland lot no.213:
provided always that were any tramways already existing are included
in the tramways authorized by this ordinance , such tramways already
existing shall , for the purposes of this ordinance, be deemed to have
been authorized by and to come under this ordinance.
3.before the commencement of the ocnstrution of any of the said
ramways not already constructed , the said company or its assigns
shall deposit in the office of the director of public works , for the
approval of the governor-in-council, plans and specifications showing in
detail the mode of construction of the said tramways and roadways or
such of them as the company or its assigns may then be desirous of
constructing, and none of the said tramways shall be commenced until
a notification in writing of such approval as aforesaid has been obtained. 4. where a treble or double line of tramway is hereby authorized to be
laid down, it shall not be compulsory upon the company or its assigns
to lay down a treble or double line, but it or they may , at its or their dis-
cretion, lay down in the first instance a sigle or double line of tramway
in lien, thereof respectively, and may , at the like discretion, from time to
time thereafter convert any then existing line into into a single or double or
treble line, where such double or treble line is authorized by this ordi-
nance.
5.the tramways authorized by this ordinance shall be constructed
on a gauge not exceeding two feet in width ,and with rails of such
material and type as shall, before being laid down, be approved of by
the director of publice works , and shall be laid and maintained in
sucb manner that the uppermost surface thereof shall be on a level
wiht the surface of the road :prjovided that the Governor-in-council
may from time to time require the company or its assigns to adopt
and apply, at its or their sole cost and charges, such improvement in or
additions to the said tramways and all appliances connected therewith ,
including the movtive pjower and trucks employed thereon, rails,sleeperes,
turn-tables, signalling arrangements, and substructure, as experience
may suggest, having regard to the greater secruity of the public and
advantage jto the ordinary traffic , and the comapny or its assigns
shall , with all reasonable despatch, comply with any order made by the
Governor-in-council for the purpose of carrying out any such improve-
ments .
6. the company and its assigns may from to time , for the
purpose of makiing , forming , laying down , maintaining, renewing,
altering, adding to , or removing any tramway authorized by this
any road, subject to the following regulations:-
(1) the company or its asigns shall give to the director of public
works notice of its or their intention, specifying the time at which
it or they will begin to do so and the portion of road proposed to be
opened or broken up, such notice to be given seven days at least
before the commencement of the work; and
(2) the company or its assigns shall not open or break up or alter the
level of any road, except wiht the authority, under the superin-
tendence, and to the satisfaction of the director of public works.
7-(1) when the company or its assigns has or have opened or
broken up any portion of any road, it or they shall be under the
following futher obligations, namely,-
(a) the company or its assignns shall , with all convenient speed,
complete the work on account fo which it or they opened or broke up the same , (and subject to the formation, maintaining , renewal,
or alteration of , addition to , or removal of the tramway ) fill in
the ground ,and make good the surface, and restore the road ,
to the satisfaction of the director of public works; and
(b) the company or its assigns fail to comply with this sec-
tion , it or they shall for every offence (wihtout prejudice to the enforce-
ment of the specific performance of the requirements of this ordinance or
to any other remedy against it or them ) be liable , on summary convictions ,
to a penalty not exceeding one hundred dollars ,and to a further penalty
not exceeding twenty-five dollars for each day during which any such
failure continues after the first day on which such penalty is incurred.
8.-(1) the company or its assigns shall maintain in good con-
dition and repair,aand at their proper level , so as not to be a danger or
annoyance to the ordinary traffic, the rails of which any of the tram-
way authorized by this ordinance for the time being consist, and
the turn-tables ad other appliances used in connexion with such
tramways , and the substructure upon which the same rest, together
with the roadway between the rails of each tranway and so much
of the roadway as extends outsid the rails of each tramway to a width
of eighteen inches ; and if the director of public works from time to
time or at any time hereafter alters the level of any road , bridge,or
culvert along or across which any fo the said tramways is laid , then and
in such event and so often as the same may happen the company or its
assigns shall , at its or their own expense, alter the rails so that the upper-
most surface thereof shall be on a level with the surface of the road,
bridge , or culvert as altered.
(2) if the company of its assigns makes or make default in complying
with this section , it or they shall for every offence be liable , on summary
conviction ,to a penalty not exceeding twenty-five dollars , and , in cast of
a continuing offence , to a further penalty not exceeding ten dollars for
every day after the first on which such default continues .
9.if , at any time after the comencement of the construction of any of
the tramways authorized by this ordinance , the company or its assigns
fails or fail to proceed therewith for a period of wix months , or , after the
completion thereof , discussor disuse the same or any part therof for six
months ,without affording the governor-in-council some satisfactory
reason for the discontinuance or disuse of such tramway, as the case may
be , it shall be lawful for the governor-in-council to abate and remove the
same , and restore the site to its former condition, at the cost of the
company or its assigns , and the amount of such cost shall be a debt due
to the government and recoverable against the compny or its assigns.
10. subject to the appoval of the governor-in-council being first
obtained (but not otherwise), the company and its assigns may ,
at any time and from time to time , sell, assign , or absolutely dis-
pose of the said trammways or any part or parts thereof and the rights
conferred by this ordinance to such person ,corporation, or company , by
public auction or private contract or partly by public auction and partly
by private contract, and with , under, subject to such terms and
conditions in all respects as the company or its assigns may think fit,
with power at any such sale to fix a reserve price for or buy in the same ;
and when any such sale , assignment , or absolute disposal has been made ,
all the rights , powers , authorities , obligations, and libilities of the
company and its assigns in respect to the said tramways, or the part
or parts thereof sold , assigned ,or absolutely disposed of , shall be trans-
ferred to and vested in, and may be exercised by , and shall attach to the
person, corporation, or company ot whom the same has or have been sold ,
assigned, or absolutedly disposed of , in like manner as if the said tramways
or part or parts thereof , or the rights hereby conferred , sold , assigned,
or absolutedly disposed of , was or were constructed by such person , cor-
porations , or company under the powers conferred upon him or it by
this ordinance , and in reference to the same he or it shall be deemed
to be the company or its assigns.
11. subject ot the approval of the governor-in-council being first
obtained (but not otherwise) , the ocmpay and its assigns may , at
any time and from time to time , demise the said tramways , together
with the rights, powers , and privileges conferred by this ordinance or
any part or parts thereof , to such person , corporation , or company ,for
such term or terms , or from year to year, or for any less period,
and for suhc rent or rents , and on such terms and conditions in all
respects as the company or its assigns may think fit to adopt, to take
affect either in possession or reversion and either with or without a
premium or premiums as consideration or considerations for such de-
mise or demises.
12. it shall be lawful for the company and its assigns , at any time
and from time to time , to borrow money on mortgage of all or any
part of the said tramways , together with the rights , powers ,and privi-
leges conferred by this ordinance , and for that purpose to assign or
demise , by way of mortgage , all or any portion of the said tramways
to any person ,corporation , or company , and to enter into all such cove-
nants ,provisoes, declarations,and agrrements as the company or its
assigns may think fit and proper. 13. the rights , powers ,and privileges granted by this ordinance to
the company and its assings shall continue in force for twenty years
to be computed from the 23rd day of September,1884 : provided always
that the governor-in-council may form time to time, so often as the
governor-in-council may think it expendient , by order to be published
in the gazette, declare that the duration of such rights , powers ,and
privileges shall be extended for any further term or terms ,not exceeding
ten years at a time , and thereupn such rights , powers and privileges
shall continue in force for such extended period .
14.-(1) on the cessation of the rights , powers, and privileges granted
by this ordinance, it shall be at the option fo the governor-in-council
to purchase the tramways and works authorized by this ordinance from
the company or its assigns for a price which shall be exclusive of any
allowance for past or past or future profits of the undertaking or ay compen-
sation for compulsory sale , to be determined , in case of difference, by two
arbitrators to be nominated one by the governor-in-council and the
other by the company or its assigns ; and ,in case the said arbitrators
cannot agree , by an umpire to be agreed upon between them .
(2) if the governor-in-council does not exercise the option to buy
within one month of such cessation as aforesaid , the company or its
assigns shall, at its or their own expense , remove the said tramways and
works and restore the site thereof to its former condition ,and, in the
event of its or their failure to do so within one ywar of the date of such
cessation ,it shall be lawful for the governor-in-council to abate and
remove the same , and restore the site thereof to its former condition, at
the cost of the company or its assigns, and the amount of such cost
shall be a debt due to the government and recoverable against the
company or its assigns accordingly .
15. nothing in this ordinance shall deemed to alter or affect the
provisions of any enactment for the time being in force conferring powers
upon the director of public works with respect to stopping or otherwise
dealing with streets and roads.
16.nothing in this ordinance , otherwise than as specially enacted
herein , shall be construed to interfere in any way with any existing
rights in or in relation to ay land or any bridge or culvert on or over
which the said tramways are to be constructed or the lands or foreshore
adjoining the same ; and the rights ,powers ,and privileges granted by
this ordinance are so granted , saving and reserving always the rights of
her majesty,and of all bodies polite and corporate, and of all other
persons and those claiming by,from, and under them , except as herein
otherwise provided.
17. it shall be lawful for the company and its assigns from time to
time to make suhc rules and regualtatios as may be necessary for the use
and due maintenance of the said tramways : provided always that no
such rules and regulations, nor any repeal or variation thereof, shall come
into force until the same have been approved by the governor-in-council
and have been published in the gazette.
18. every person who commits a breach of any of the rules and regu-
lations made in pursuance of this ordinance shall, on summary convic-
tion, be liable to a penalty no exceeding fifty dollars.
19. In all proceedings before any court, the rules and regulations in
force for the time being under this ordinance shall be sufficiently proved
by the production of a copy the gazette in which the same are pub-
lished and contained.
20. If the company or its assigns fails or fiail to make or vary such
rules and regulation as, in the opinion of the governor-in-council, are
requisite for the protection of the rights of the inhabitants of the colony
or for the public safety, the governor-in-council may make an order, to
be served on the company or its assigns, limiting a time for the
making or varying of such rules and regulaitons, and if such rules and
regulations are not made or varied by teh time prescribed in such order,
the governor-in-council may make or vary suhc rules and regulations,
which, when made or varied and published in the gazette, shall have
the same force and effect as if they were specially enacted herein.
21. The company and its assigns shall from time to time cause to
be painted on boards , or to be printed and attached in large and legible
characters, in English and Chinese, a statement of the rules and
regulations in force , and shall cause such boards containing such
statement to be fixed on some conspicuous part of its or their premises.
A.D. 1897 Ordinance No. 18 of 1897, with Ordinances No. 9 of 1898 and No. 23 of 1900 incorporated. Short title. Power to Hongkong and Kowloon Wharf and Godown Company, Limited, to construct and maintain certain tramways at Kowloon. Deposit of plans before commencement of construction. Power to vary description of line. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails, roads, etc., at their proper level and in good condition. Power for Governor-in-Council to abate and remove tramways in certain events. Power to sell tramways. Power to demise tramways. Power to mortgage tramways. Duration of the Ordinance. Cessation of powers, etc., granted by the Ordinance. Saving of power to stop roads, etc. Saving of existing rights in relation to land, etc. Power to Company to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Power to Governor-in-Council to make rules and regulations in certain events.
Exhibition of rules and regulations.
Abstract
A.D. 1897 Ordinance No. 18 of 1897, with Ordinances No. 9 of 1898 and No. 23 of 1900 incorporated. Short title. Power to Hongkong and Kowloon Wharf and Godown Company, Limited, to construct and maintain certain tramways at Kowloon. Deposit of plans before commencement of construction. Power to vary description of line. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails, roads, etc., at their proper level and in good condition. Power for Governor-in-Council to abate and remove tramways in certain events. Power to sell tramways. Power to demise tramways. Power to mortgage tramways. Duration of the Ordinance. Cessation of powers, etc., granted by the Ordinance. Saving of power to stop roads, etc. Saving of existing rights in relation to land, etc. Power to Company to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Power to Governor-in-Council to make rules and regulations in certain events.
Exhibition of rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Power to Governor-in-Council to make rules and regulations in certain events.
Exhibition of rules and regulations.
Identifier
https://oelawhk.lib.hku.hk/items/show/702
Edition
1901
Volume
v2
Cap / Ordinance No.
No. 7 of 1897
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“KOWLOON GODOWNS TRAMWAYS ORDINANCE, 1897,” Historical Laws of Hong Kong Online, accessed November 20, 2024, https://oelawhk.lib.hku.hk/items/show/702.
