PEAK TRAMWAY ORDINANCE, 1883

PEAK TRAMWAY ORDINANCE, 1883

No. 2 of 1882.
For authorising the construction of the Peak Tramway.
[3rd November,1883.]
1. The Peak Tramway Ordinance, 1883.






2. In this Ordinance,-
'The company' means the persons to whom the promoters of
the undertaking have assigned, with the assent of the Governor-in-
Council, their rights and privileges in connection with the construc-
tion of the tramway:
'Carriage' includes all carriages, cars, and trucks used upon
the tramway:
'The works' or 'the undertaking' means the works or under-
taking of whatever nature which by this Ordinance are or is
authorised to be executed.

3.-(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, weigh-
brIdges, sheds,and conveniencesn connected therewith or for
the purposes thereof, and may work and use the same.
(2) The tramway authorised by this Ordinance is a partly single
and partly double line, commencing on the south side of the south-
west boundary of the War Department land at its junction with
Garden Road, thence passing in a southerly direction up the hill-
side to Victoria Gap, crossing over Kennedy and Plantation Roads
by means of bridges, and terminating at Victoria Gap, at a point
on the north side of Farm Lot No. 53 : Provided that such altera-
tions as the company may think fit may be made in the position
of the rail-tracks of the tramway as shown on the plan thereof
deposited by the company in the Public Works Office, so long as
they are within the limits of deviation shown on the said plan.

4. Subject to the upproval of the Governor-in-Council, the com-
pany way alter the levels of the ground on which the traillway is
laid, make and construct all necessary cuttings and embankments,
bridges, viaducts, culverts, catch-water drains, and other works,
and divert streams: Provided always that the earth excavated and
thrown to waste is disposed of in such manner as to prevent its
being washed down by rain into the harbour.





5. Subject to the approval of the Governor-in- Council, after
timely and adequate notification by public advertisement or other-
wise of the intention of the company to apply for such approval,
the company may construct and maintain, subject to the provisions
of this Ordinance and in accordance with plans to be previously
deposited in the Public Works Office, all such crossings, passing
places, sidings, junctions, turn-tables, and other works in addition
to those, particularly specified in and withorised by this Ordinance

as may be approved by the Governor-in-Council, and may work
and use the same.

16. The tramway shall be constructed on a gauge not exceeding
5 feet in width, and with steel rails, which shall, before, being laid
down, be approved by the Director of Public Works.

17-(1) Where the tramway, or any work connected therewith,
interferes with any sewer, drain, water-cotirse, or sub-way, or in
any way affects the sewerage or drainage of the Colony, the com-
pany shall not commence such tramway or work until it has given
to the Director of Public Works 14 days notice in writing of its
intention to do so togetber with all necessary particulars relating
thereto, nor until the said Director 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.
(2) The company shall comply with the directions of the Direc-
tor of Public Works in the exectition 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 re-
ferred to by or by reason of the tramway, and shall save harmless
the said Director against the expense occasioned thereby.
(3) All such works shall be done by or under the superintendence
of the said Director, at the cost and expense of the company.
(4) When any new, altered, or substituted work is completed
the same shall thereafter be as completely under the control of the
said Director, and be maintained by him, as any other sewers or
works.






8. If any difference arises between the company and the Direc-
tor of Public Works with respect to any interference or control
exercised or claimed to be exercised by, the company or the Direc-
tor, by virtue of this Ordinance, in relation to the tramway or any
work, or in relation to any work or proceeding of the said Director,
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 said 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 the Governor-in-
Council, on the application of either party.

9. The tramway shall not be opened for public traffic until the
same has been certified to be fit for such traffic by the Director of
Public Works, and the Governor-in-Council has, by notificatlon in
the Gazette, authorised the saine to he opened for such traffic.

10.-(1) If the company discontinues the working of the tram-
way or of any part, thereof for the space of 6 months, (such
discontinuance not being occasioned by circunistances 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.
(2) Where any such order has been made, the Director of
Public Works way, at any time after the expiration of 12 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 dis-
continued, and the company shall pay the, cost of such removal
which shall be certified by the said Director, and the certificate
shall be final and conclusive.
(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 said Director 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 suction or private sale,and for such sum
and to such person as he may think fit, and may,out of the pro-
ceeds 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.

11. 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 expira-
tion 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 Director of Public Works may remove the tramway
in like manner and sunject to the same provisions as to the pay-
ment 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
the last section.

12-(1) The Governor-in-Council may, within 6 months after
the expiration of 28 years from the time when the company was
empowered to construct the tramway,and within 6 months after
the expiration of every subsequent period of 7 years, or within 3
months after any order made by the Governor-in-Council under
either of the last two sections, 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 under-
taking or any compensation for compulsory sale or other considera-
tion 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.
(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 either of the last two sections, 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.

13. The carriages used on the tramway rnay be moved by means
of locomotive or stationary engines and steel-wire ropes, or by such
other mechanical power as the Governor-in-Council may approve.

14. Every carriage vised on the trainway 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 carriage, and their
protection from the machinery used for drawing or propelling such
carriage.

15. The Director of Public Works or any officer appointed for
that purpose by the Governor in writing, may inspect any engine
or carriage used by the company and the machinery: therein, and
also any rope or other machinery of the tramway and report
thereon ; and the Governor may, by order, prohibit the use of
any such engine, carriage, rope, or machincry which may be re-
ported to be unsafe or unfit for use.

16-(1) Subject to this Ordinance, the Govern or-in-Council
may make regulations withto the working and control of
the tramway as well as for any of the following purposes:-
(a) for regulating the use of the warning apparatus affixed to
the engines or used in any other way
(b) for regulating the emission of smoke or steam from the
engines;
(c) for providing that engines and carriages shall be brought to
a stand at such places, and in such cases of impending danger, as
may be deemed proper for securing safety;
(d) for regulating the entrance to, exit from, and accommoda-
tion in the carriages and the protection of passengers from the
machinery of any engine used for drawing or propelling such
carriages;






(e) for regulating the rate of speed of the engines and carriages
provided that the speed shall not exceed the rale of 10 miles all
hoiw, and that no engine or carriage may pass through movable
facing points at a pace exceeding the rate of 4 miles an hour;
(f) for the stopping of carriages using the tramway;
(g) for providing for the due publicity of all regulations and by-
laws relating to the tramway, by exhibition thereof in conspicuous
places ; and
(h) for providing for the safety of the public in all cases in which
it may appear that such safety is or is likely to be endangered or
imperilled.
(2) Subject to this Ordinance, the company may make by-
laws-
(a) for preventing the commission of any nuisance in or upon
any carriage, or in or against any premises belonging to the com-
pany ; and
(b) for regulating the travelling in or upon any carriage belong-
ing to the company.

(3) Regulations made by the Governor-in-Council, and by-laws
made by the company, shall come into force one month after their
publication in the Gazette.

17. Any such regulation or by-law may impose fines for offences
against the same, not exceeding 10 dollars for each offence, with
or without fines for continuing offences, not exceeding for any
continuing offence 5 dollars for every day during which the offence
continues; but all by-laws shall be so framed as to allow in every
case part only of the maximum penalty being ordered to be paid.

18.-(1)Subject to the approval of the Governor-in-Council the
company may sell or assign its undertakill,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 resepcts,as the
company may think fit, with power at any such sale to fix a reserve
price for or buy in the same.
(2) When any such sale, or assignment has been made, all the
rights, powers, authorities, obligations, and liabilities of the com-







pany 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, 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.

19. Subject to the approval of the Governor-in-Coyncil, 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.

20. It shall be lawfol 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, messnages, or tenements, erections, buildings, works, roll-
ing stock, plant, machinery, chattels, and effects to any person,
and to enter into all such covenants, provisoes, declarations, and
agreements, as the company inay think fit.

21. The Governor-in-Council may, by order, direct that pre-
cederice 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 tolls as may be

agreed on. If no agreement is come to, then the amount of such
tolls shall be determined upon petition to the Court in a summary
way.

22. Save and except passengers' luggage not exceeding 16
pounds in weight or one cubic foot in measurement, the company
shall not be bound to carry any animals, goods, merchandisc,
minerals, or parcels.

23.-(1) The company may demand and take the tolls specified
in the schedule, shall be paid to such persons, and at such






places; and in such manner as the company may, by notice annexed
to the list of tolls, appoint.
(2) A list, printed in the English and Chinese languages, of all
the tolls authorised to be taken shall be exhibited in a conspicuous
place at the offices of the company and inside each of the carriages
used upon the tramway: Provided that if there is any variation
between the English and Chinese prints of the, list, the
English print shall prevail.

24. If the carriages during any journey contain their authorised
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 tram-
way.

25. Every person who wilfully obstructs an person acting under
the authority of the company in the lawful exercise of any of the
powers hereby conferred, or damages or destroys any property of
the company, shall for every such offence be liable to a fine not
exceeding 25 dollars.

26. Every person who, without lawful excuse,wilfully does any
of the following things:-
(1) interferes with, removes, or alters any part of the trainway
or of the works connected therewith, or
(2) places or throws any stones, dirt, wood, refuse, or other
materials on any part of the tramway; or
(3) does or causes to be done anything in such manner as to
obstruct any using the tramway or to endanger the lives
of persons therein or thereon ; or
(4) knowingly aids or assists in the doing of any of such things,
shall for every such offence be liable (in addition to any proceedings
by way of indictment or otherwise to which he may be subject) to
a fine not exceeding 25 dollars.

27. Every person who-
(1)while travelling or having travelled in any carriage ,avoids
or attempts to avoid payment of his fare; or
(2) having paid his fare for a certain distance knowingly and
wilfully proceeds in any carriage beyond such distance and does





not pay the additional fare for the additional distance, or attempts
to avoid payment thereof, or
(3) knowingly and wilfully refuses or neglects, on arriving at
the point to which he has paid his fare, to quit any carriage,
shall, for every such offence, be liable to a fine not exceeding 10
dollars.

28. Every passenger shall, on request by any officer or servant

of the company, either produce, and, if so requested deliver up, a
ticket showing that his fare is paid, or pay his fare from, the place
whence he started, or give the officer or servant his name and
address ; and in ease of default he shall be liable on summary con-
viction to a fine not exceeding 10 dollars.

29. lt shall be lawfull for any officer or servant of the collipally,
and all persons called by him to his assistance, to seize and detain
any person discovered either in or immediately after committing
or attempting to commit any such offence as is mentioned in the
last two sections, and whose name of residence is unknown to such
officer of servant, until such penson can be conveniently taken to
a police station for safe custody and detained until he is discharged
by due course of law.

30. No person shall be entitled to carry or to require to be
carried on the tramway any dangerous goods as defined by Ordi-
nance No. 1 of 1873; and if any person 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, he shall, for every
such offence, be liable to a fine not exceeding 100 dollars. It shall
further be lawful for the company to refuse to take any parcel that
it may suspect to contain any sneh dangerous goods or require the
same to be opened to ascertain the fact.


31. 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.






32. With respect to notices, and to the delivery thereof by or to
the company, the following provisions shall have effect
(1) every notice shall be in writing; and

(2) 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 bv beino, affixed on some conspicuous part of any lands affected
or intended to be agected 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.

33.-(1) If any parly has committed any irregularity, trespass
or other wrongful procceeding 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.
34. Every toll, or penalty imposed by this Ordinance, the re-
Covery of which is not otherwise provided for, may be recovered
before a Magistrate.
35. 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 carriages, and shall have harm-
less all other companies or bodWs, collectively and individually,
their officers and servants, from all damages and costs in respect
of such accidents, damages, and injuries.

36. Notwithstanding anything in this Ordinance, the company

and any persons using the tramway shall be subject and liable to
the provisions of any general Ordinance now in force or which may
hereafter be passed relating to tramways, or by which any tax or
duty may be granted or imposed for or in respect of tramways or
the passengers or traffic conveyed thereon,and to any condition,
regulation or restriction which may be imposed on the use of
tramways, or on the use on tramways of animal power, steam
power, or any mechanical power, by any such general Ordinance
as aforesaid.
37. The powers and privileges given by this Ordinance are so

given saving and reserving always the rights of His Majesty.


SCHEDULE.
TABLE or TOLLS. [s. 23.]
1. For every passenger travelling on the tramway or any part
thereof,-
(1) as a first class passenger, any sum not exceeding 30cents
(2) as a second class passenger, 20
(3) as a third class passenger, 10
2.For every small animal,per head 10
3.For parcels not exceeding 7 lb. in weight,each 5
exceeding 7 lb. and not exceeding 14 lb. 10
14 lb. 28 lb. 15
28 lb. 56 lb. 20
56 lb. in weight,such sum as the
company may think fit.
The weight shall be determined according to the usual avoirdupois
weight.
Short title. Interpretation of terms. Power to construct and work certain tramways. Power to alter levels of ground, etc. Power to make additional crossings, etc. Gauge. Protection of sewers, etc. Settlement of differences between company and Director of Public Works. Opening of tramway for traffic. Discontinuance of tramway by company. Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power. Construction of carriages. Inspection of engines, etc. Regulations and by-laws. Penalties in regulations or by-laws. Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Tolls. Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. [See No. 2 of 1865 s. 30A and No. 6 of 1865 s. 27A.] Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare, [52 & 53 Vict.c. 57, s. 5.] Detention of offender. Penalty for bringing dangerous goods on tramway. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Reservation of rights of the Crown.

Short title. Interpretation of terms. Power to construct and work certain tramways. Power to alter levels of ground, etc. Power to make additional crossings, etc. Gauge. Protection of sewers, etc. Settlement of differences between company and Director of Public Works. Opening of tramway for traffic. Discontinuance of tramway by company. Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power. Construction of carriages. Inspection of engines, etc. Regulations and by-laws. Penalties in regulations or by-laws. Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Tolls. Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. [See No. 2 of 1865 s. 30A and No. 6 of 1865 s. 27A.] Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare, [52 & 53 Vict.c. 57, s. 5.] Detention of offender. Penalty for bringing dangerous goods on tramway. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Reservation of rights of the Crown.

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