ROPE COMPANY'S TRAMWAY ORDINANCE, 1901

ROPE COMPANY'S TRAMWAY ORDINANCE, 1901

No. 21 of 1901.

To authorise the Hongkong Rope Manufacturing Company to
construct a Tramway. [15th December, 1901]
WHEREAS the Honakong Rope Maufacturing Company, Limited, is
desirous of constructing a tramway for the purpose of loading and
discharging goods, merchandise, and cargro, and has applied to the
Government to confer upon it the necessar powers for so doing,
and it is expedient that such powers should be granted, under and
subject to the conditions, restrictions, and provisions hereinafter
contained:-
1. The Rope Company's Tramway Ordinance, 1901.

2-(2) The Hongkong Rope Manufacturing Company, Limited,
(hereinafter referred to as ' the company -, which shall include
its assigns) inay construct, lay down, and rnaintain, 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 signalling arrangements,

As amended by No. 1 of 1912.
As arnended by No. 1 of 1912 and No. 21 of 1912.
AS aniended by No. 1 of 1912 and No. 2 of 1912.





crossings, passing places, sidings, junctions, rails, turn-tables,
works, and conveniences, and the company shall have the exclu-
sive right to work and use the same.
(2) The tramway authorised by this Ordinance is as follows:-
A partly single and partly double line commencing at a point
(shown on the said plan) Dear to and to the south of the north-
east corner of Inland Lot -No 906, thence passing (by a curve)
in a northerly direction along Smithfield and across the Prava in
the position shown on the said plan and terminating upon the
wharf intended to be erected in the position shown on the said plan.

3. The plan hereinbefore referred to is the plan dated 17th
October, 1901, and deposited by the company in the office of the
Director of Public Works.

4. The tramway shall be constructed on a gauge of 2 feet
6 inches in width, and with rails of such material and type
as shall, before being laid down, be approved of by the Director
of Public Works, and shall be laid and maiDtained in such manner
that the uppermost surface thereof shall be on a level with
the surface of the road: Provided that the Governor-in-Council
may requife the company to adopt and apply, at its sole cost and
charges, such improvements in or additions to the tramway and
all appliances onnected therewith, including the motive power
and trucks employed thereon, rails, sleepers, turn-tables, signal-
ling arrangements, and sub-structure, as experience may suggest,
having regard to the greater security of the public and advantage
to the ordinary traffic, and the company shall, with all reasonable
despatch, comply with any order made by the Governor-in-Council
for the purpose of carrying out any such iraprovements.

5. The company may, for the purpose of making, forming,
laying down, maintaining, renewing, altering, adding to, or re-
moving the tramway or any part thereof., open and break up any
road, subject to the following regulations:-
(1) the coinpany shall give to the Director of Public Works
notice of its intention, specifying the time at which it will begin
to do so, and the portion of road proposed to be opened.or broken
up, such notice to be given 7 days at least before the commence-
ment of the work; and

As amendpd by No. 1 of 1912 and No. 2 of 1912.
As ainend-ed by No. 60 of 1911 and ',No. 1 of 1912,





(2) the company shall not open or break up or alter the level of
any road except with the authority of the Director of Public Works.

6.-M When the , company has opened or broken up any
portion. of any road, it shall be under the following further
obligations:-
(a) it shall, with all convenient speed, complete the work on
account of which it opened or broke up the same and (subject to
the formation, maintenance, renewal, or alteration of, addition to,
or removal of the tramway) fill in the ground, and inake good the
surface, and restore the road, to the satisfaction of the Director of
Public Works; and
(b) it shall in the meantime cause the place where the road is
opened or broken up to be fenced and watched and. to be properly
lighted from sunset to sunrise..
(2) If the company falls to comply with this section, it shall for
every offence (without prejudice to the enforcement of the specific
,performance of the requirement of this Ordinance or to any other
remedy against it) be liable, on summary conviction, to a fine not
exceeding 100 dollars, and to a further fine not exceeding 25
dollars for each day during which any such failure continues after
the first day on which such penalty is incurred.

7.-(1) The company shall maintain in good condition and
repair, and at their proper level so as not to be a danger or
annoyance to the ordinary traffic, the rails of which the tramway
for the time being consists, and the turn-tables and other appli-
ances used in connexion with the tramway, and the sub-structure
upon which the same rests, together with the roadway between
the rails of the tramway and so inuch of the roadway as extends
18 inches beyond the rails of the tramway, which shall be
laid with such materials and in such manner as the Director of
Public Works may direct; and if the Director of Public Works
alters the level of any road along or across which the tramway is
laid, then and so often as the same may happen the company shall,
at its own expense, alter the rails so that the uppermost surface
thereof shall be on a level with the surface of the road as altered.
(2) If the company makes default in complying with this sec-
tion, it shall for every offence be liable, on summary conviction, to

As amended by No. 30 of 1911, No. 50 of 1911 and No. 1 of 1912.
As amended by No. 80 of 1911 and No. 1 of 1912.





a fine not exceeding 25 dollars and, in case of a continuing ollence,
to a further fine not exceeding 10 dollars for every day after the
first day on which such default continues.

8. If the company disuses the tramway or any part thereof for
6 months, without affording the Governor-in-Council some satis-
factory reason, it shall be lawful for the Governor-in-Council to
abate and remove the same and restore the site to its former con-
dition at the cost of the company, and the amount of such cost
shall be a debt due to the Government and shall be recoverable
against the company.

9.-(1) Subject to the approval of the Governor-in-Council, the
company may sell or assign the tramway'or any part thereof, and
the rights conferred by this Ordinance, 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 sate to fix a reserve 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 tramway 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 tramway or part thereof sold
or assigned was constructed by such person under powers conferred
upon him by this Ordinance, and in reference to the same he shall
be deemed to be the company.

10. Subject to the approval of the Governor-in-Council the com-
pany may demise the tramway or any part thereof, together with
the rights, powers, and privileges conferred by this Ordinance, to
such person, for such term of years or from year to year,-or for any
less period, and for such rent and on such terms and conditions in
all respects as the company may think fit to adopt, to take effect
either in possession or reversion, and either with or without a pre-
mium as a consideration for such demise.

11. It shall be lawful for the company to borrow money
on mortgage of all or any part of the tramway and of the rights,

As amended by No. 19 of 1911 and No. 1 of 1912.
As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.
As am nd d b N . 60 of 1911 and No. 1 of 1912.
e y 10
4s anlen?ed by No. 1 of 1912.





powers, and privileges conferred by this Ordinance, and for that
purpose to assign or demise by way of niortgage all.or any portion
of the trarnway to any person, and to enter into all such
covenants, provisoes, declarations, and agreements as the company
may think fit and proper.

12. The rights, powers, and privileges granted by this Ordinance
to the company and its assigns shall continue lit force for 10 years,
to be computed from 15th December, 1901 : Provided always that
the Governor-in-Council may, so often as he may think expedient,
by order to be published in the Gazette, declare that the duration
of such rights, powers, and privileges shail be extended for any
further term not exceeding 10 years at a tline, and thereupon such
rights, powers, and privileges shall coiitiniie in force for such
extended period.

11-(1) On the cessation of the rights, powers, and privileges
granted by this Ordinance, it shall be at the option of the
Governor-in-Councit to purchase the trainway and works authorised
by this Ordinance from the company for a price which shall
be exclusive of any allowance for past or future profits of the
undertaking or any compensation for coniptilsory sale, to be deter-
mined, in case of digerence, by two arbitrators to be nominated
one by tile Governor-in-Council and the other by the company,
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
shall, at its own expense, remove the trainway and works and res-
tore the site thereof to its former condition, and, lit the event of
its failure, to do so within one year of the date of such cessation,
it shall be lawful for the Goverlior-in-Councll to abate and remove
the same and restore the site the,eof to its former condition, at
the cost of the company, and the amount of such cost shall be a
debt due to the Government and shall be recoverable 3gainst the
company accordingly.

14. Nothing in this Ordinance shall be deemed to alter or afEect
the provisions of any enactment conferring power upon the

Asamended by No. 50 of 1911 and No. 2 of. 1912. The rights,
powers and privileges referred to in this section were revived
retrospectively by Ordinance in 1913.
't~s amended by So. 1 of 1912.






Director of Public Works to stop or otherwise deal with traffic along
streets or roa ds or to block up or otherwise deal with streets or
roads, for the purpose of carrying out works of a public nature.

15. Nothing in this Ordinance, or in any order made thereunder,
shall take away or abridge the right of the public to pass along or
across every part of any public road along or across which the
tramway is laid, whether on or od the tramway, with carriages,
cars, or vehicles not having wheels suitable only to run on the rails
of the tramway.

16. The powers and privileges given by this Ordinance are so
given saying and reserving always the rights of His Majesty, and
those claiming by, from, or under him, except as is herein other-
wise provided.


* As aineiicfed by No. 1 of 1912.
Short title. Powewr to Hongkong Rope Manufacturing Company to construct tramway. Plan of tramway. Gauge of tramway. Power to company to break up road,etc. Completion of work and re-instatement of road. Penalty for not maintaining rails,roads,etc.,at proper level and in good condition. Power for Governor-in-Council to abate and remove works in certain events. Power to sell tramway. Power to demise tramway. Power to mortgage tramway. Duration of Ordinance. Cessation of powers of company. Saving of power to stop or divert traffic,etc. Reservation of rights of public. Reservation of rights of the Crown.

Short title. Powewr to Hongkong Rope Manufacturing Company to construct tramway. Plan of tramway. Gauge of tramway. Power to company to break up road,etc. Completion of work and re-instatement of road. Penalty for not maintaining rails,roads,etc.,at proper level and in good condition. Power for Governor-in-Council to abate and remove works in certain events. Power to sell tramway. Power to demise tramway. Power to mortgage tramway. Duration of Ordinance. Cessation of powers of company. Saving of power to stop or divert traffic,etc. Reservation of rights of public. Reservation of rights of the Crown.

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