TRAMWAY ORDINANCE, 1902

TRAMWAY ORDINANCE, 1902

No. 10 of 1902.

For authorising the construction of a tramway
[14th May, 1902.]

WHEREAS it is desirable to authorise the construction of a tramway
within the Colony of Hongkong:-

1. The Tramway Ordinance, 1902.

2. In this Ordinance,-
' The Government--- means the Governor acting on behalf ol
His Majesty or his assigns, or on behalf of the Government of the
Colony

Department includes the War Departnient, the Admiralty,
and the Hongkong Government :

---The company- means ---The Hongkong Tramway Company,
Limited---:

---The Court---means the S apreme Court:

---Special case--- means a special case stated for the opinion of
the Court under the provisions of any Ordinance relating to Civil
Procedure:

---Road---means means roadway over which the tramway shall pass,
and the roadway of any bridge forining part of or; leading to the.
same

' Section--- means a section (as hereinafter described) of the
tramway

Car includes all cars and trucks used upon the tramway

The works -, or ---the undertaking', mean the works or un-
dertaking of whatever nature herein authorised to be executed.

Construction of Tramway.
3. The company may construct, lay down and maintain, subject
to the provisions of this Ordinance, and in accordance with the
plans which have been deposited as hereinafter mentioned, the
tramway hereinafter described, with all proper electric generating
stations, crossings, passing-places, sidings, Junctions, rails, turn-

As amended by No. 1 of 1912.
As amended by No. 43 of 1912.
As amended bv No. 50 of 1911, No. 1 of 1912, No- 2 of HM2 an(]
No. 43 of 1912 Supp. Sched.
As amended by No. 2 of 1912.





tables, plates, offices, weith-bridges sheds, overhead and other
wires, cables, standards, poles and brackets, pipes and all such other
works and conveniences in connection therewith as the company
may for the purposes thereof, think fit, and may work and use the
same. The company may also generate and use electricity for the
purposes of lighting their own buildings, erections, and premises,
and for any other purposes of their own.

The Tramway authorised by this Ordinance is as follows-

Section No. 1-A single Iffle 122 furlongs 9.12 chains (or there-
abouts) in length, commencing at a point in Catchick Street 50
feet (or thereabouts) cast of the intersection of the centre lines of
Catchick Street and Smithfield, thence passing into and, in
a southerly direction, along SmitEfield to its junction with
Belcher Street, thence into and, in a westerly direction, along
Belcher Street to its junction with Cadogan Street, thence into
and, in a northerly direction, along Cadogan Streef tc its junction
with Catchick Street, and thence into and, in an easterly direction,
along Catchick Street, terminating at the point Miere this Section
is authorised. to commence.

Section No. 2.-A double line 4 miles 3 furlongs 4.5 chains (or
thereabouts) in length, commencing by junction with Section No.
1 at the point where such Section is authorised to terminate, thence
passing, in easterly, north-easterly and southerly directions, along
Catchick Street, Praya Rennedy Town, Des Voeux Road, and Con-
naught Road to the junction of Connau 'c' lit Road with Morrison
Street. From this point Section No. 2 is authorised to divide, one
line passing in a southerly direction along Morilson Street to its
junction with Des Ycoux Road and thence into and, in an easterly
direction, along Des Veeux Road to its Pinction with Cleverly
Street, and the other line passing, in an easterly direction,
along Connaught Road to its junction with Cleverly Street,
and thence into and, in a southerly direction, ~dong Cleverly
Street to its junction with Des Voeux Road. From this point Sec-
tion No. 2 is authorised to pass, in easterly, southerly and north-
easterly directions, along Des Yceux Road, Queen's Road, Arsenal
Street,'Praya East, Yee Wo, Street, and Shau-ki-wan Road,
terminating in that road at a point 50 feet (or thereabouts) from
the north-east corner of.4Inland Lot No. 1,149.





Section No. 3.-A single line 8.5 chains (or thereabouts)
in length, commencing in Prava East by junction with Section
No. 2 at a point 50 feet (or thereabouts) west of the intersection
of the centre lines of Praya East and Tin Lok Lane, thence passing
into and, in a southerly direction, along Tin Lok Lane, and
terminating in Morrison Hill Road at a point 50 feet (or there-
abouts) south of the intersection of the centre lines of Morrison
Hill Road and Sharp Street.

Section No. 4.-A single line 1 furlong 1.5 chains (or there-
abouts) in length, commencing in Praya East by Junction
wit Section N6. 2 at a point .50 feet (or thereabouts) west of the
intersection of the centre lines of Praya East and Bowrington
Road, thence passing into and, in a southerly direction, along
Bowrin',don Boad to its itinction with Sharp Street, thence into
and, in a westerly direction, along Sharp Street and terminating at
the point where Section No. 3 will terminate.

Section No. 5.-A double line 3 furlotigs, .6 chains (or there-
abouts) in length, commencing in Morrison Hill Road by junction
with Sections Nos. 3 and 4 at the point where such Sections will
terminate, thence passing, in a southerly direction, along Morrison
Hill Road and terminating in Wong-Nei-Cliong Road, at a point
50 feet (or thereabouts) north of the northernmost point of the
building known as the Grand Stand.

Section No. 6.-A single line 2 miles 4 furlongs 3.8 chains (or

thereabouts) in length, commencing in Shau-ki-wan Road by
junction with Section No. 2 at the point where such Section will
terminate, thence, passing, in an easterly direction, along Shau-ki-
wan Road and terminating in that road at a point 530 feet
(or thereabouts) northwest from the centre of No. 5 Bridge.

Section No. 7.-A single line (with passing places) 1 mile
2 furlongs 4.5 chains (or thereabouts) in length, commencing
in Shau-ki-wan Road by junction with Section No. 6 at the point
which such Section will terminate, thence passing, in an easterly
direction, along the new road to Shau-ki-wan now being con-
structed in place of a portion of the existing road to Shau-ki-wan,
thence, in an easterly direction, along the existing Shau-ki-wan
Road, and terminating in that road at a point 20 feet or
thereabouts east of the intersection of the centre lines of Wo Hing
Street and Shau-ki-wan Road.





Notwithstanding anything in this Ordinance or the said plans
contained or shown, the company may construct, lay down
and maintain the above Sections, or any of them, in such oth 1 er
positions along the lines of route shown on the said plans as the
Governor-in-Council shall approve.

4. The plans hereinbefore referred to are the plans all dated 9th
April, 1901, and numbered 1 to 4, deposited by the company in
the office of the Director of Public Works.

5. Where a double line of tramway is hereby authorised to be
laid down and has been constructed, it shall be lawful for the com-
pany, with the consent of the Governor-in-Council, to lay down in
lieu thereof a single line of tramway, and, with the like consent,
at any time thereafter to convert such single line into the double
line hereby authorised to be laid down.

6. Subject to the approval of the Goverrior-in-Council the coin-
pany may, in the construction of the above Sections, or any of
them, at their own expense alter the level of, and widen any
bridge, road, street or space along or over which any Section is
hereby authorised to he laid down, and make and construct
all necessary cuttmigs -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 to the satisfaction of the Director of Public Works,
and in such manner as to prevent its being washed by rain into the
harbour.

7. 'Subject to the approval of the Governor-in-Council after
timely . and adequate notification by public advertisement or
otherwise of the intention of the company to apply for such
approval, and after such approval has been confirmed by a resolu-
tion of the Le gislative Council, the company may construct and
maintain, subject to the provisions of this Ordinance, and in
accordance with plans to be previously deposited in the office of the
Director of Public Works, all such lines, crossings, passing places,
sidings, junctions, turn-tables and other works in addition to or
as extensions of those particularly specified in and authorised
by this Ordinance as may be approved of by the Governor-in-
Council, and may work and use the same.

As amended by No. 1 of 1912.
As amended by No. 50 of 1911 and No. 1 of 1912.
As amented by No. 50 of 1911, No. 1 of 1912 and No, 20 of 1912,





8. Subject to the approval of the Director of Public Works as to
the method and position of laying down, the company may
la y down under any public roadway, street, or space, pipes from
any of their generating stations to the sea. The company may
also lay down any such pipes over or under any private land with
the consent of the owner thereof. The company may pump sea
water through any such pipes for the purposes and works of the
tramway, and shall make proper provision, to the satisfaction of
the Director of Public Works, for the return of the surplus sea
water into the sea.

9. The Sections numbered 1 to 5 shall be constructed, laid down
and maintained as nearly as may be in the middle of the road, and
shall not be so laid that, for a continuous distance of 100 feet or
upwards, a less space. than 9 feet shall intervene between the
outside edge of the footpath on either side of the road and the
nearest part of the car, except where it may be necessary to con-
struct and maintain loops for enabling the cars to pass each other,
or to construct sidings and curves, all which exceptions shall be
subject to the approval in writing of the Director of Public Works.
Provided that the company may lay down a double single line in
any road where the width may not be sufficient to allow a space
of 9 feet on either side. The Sections numbered 6 and 7 shall be
constructed, laid down and maintained in such positions on the
roads along which they are authorised to he laid down as shall be
approved by the Governor-in-Council: Provided that the said last
mentioned Sections niay be so laid that a less space than 9 feet
may intervene between the outside edge of the footpath on either
side of the road, where there is a footpath, or, where there is no
footpath, between the outside edge of the road and the nearest pact
of the tramcar.

10. The tramway shall be constructed on a gauge, of not less
than 3 feet 6 inches in width, and with steel rails, which said rails
shall, before being laid down, be approved by the Director
of Public Works, and shall be laid and maintained in such manner
that the uppermost surface thereof shall be on a level with the
surface of the road.

11. The company for the purpose of making, forming, laying
down, maintaining, renewing, altering, adding to, or removing any

As amended by No. 1 of 1912.
As amended by No. 60 of 1911 and No. 1 of 1912.





Section or any. part thereof respectively, may open and break up
any road subject to the following regulations:-
(1) They shall give to the Director of Public. Works notice of
their intention, specifying the time at which they will begin to
do so, and the.portion of road proposed to be opened or broken up,
such notice to be given 7 days at least before the commencement
of the work.

(2) They shall not open or break up or alter the level of any
road except with the authority, under the superintendence, and to
the satisfaction of the Director of Public Works.

12. When the company have opened or broken up any portion
of any road, they shall be under the following further obligations,
namely :-
(1) They shall, with all convenient speed, complete the work on
account of which they opened or broke up the same, and (subject
to the formation, maintenance, renewal, or alteration of, addition
to, or removal of the tramway) fill in the ground, and make good
the surface, and, to the satisfaction of the Director of Public
Works, restore the road to a good condition.
(2) They shall in the meantime cause the place where the road
is opened or broken up to be fenced and watched, and to be pro-
perly lighted at night.
If the company fail to comply with any of the provisions of this
section they shall, for every offence (without prejudice to the
enforcement of specific performance of the requirenients of this
Ordinance or to any other remedy against theni) be liable,
on summary conviction, to a fine not exceeding 100 dollars, and to
a further fine not exceeding 2,5 dollars for every day during which
any such failure continues after the first day on which such penalty
is incurred.

13. In addition to the requirements of the preceding section, the
company shall, when they give notice as aforesaid to the Director
. of Public Works of their intention to open or break up any road
for any of the purposes aforesaid, lay before the Director of Public
Works a cross section showing the proposed mode of constructing,
laying down,- maintaining, renewing, altering, adding to, or
removing the tramway or works in respect of which they propose

* As amended*by No. 30 of 1911.





to open or break up such road, and a statement of the materials
intended to be used therein; and the company shall not commence
the construction, laying down, maintenance, renewal, alteration
of, addition to, or removal of such tramway or works, or any part
thereof respectively, except for the purpose of necessary repairs,
until such cross section and statement have been approved in
writing by the Director of Public Works, and the work shall be
executed in accordance with such approved cross section and state-
ment and under the superintendence and to the satisfaction of
the Director of Public Works.

14. The company shall, at their own expense, at all times main-
tain and keep in good condition and repair, with such materials and
in such manner as the Director of Public W orks shall direct and
to his satisfaction, so much of any road whereon any tram-
way belonging to the company is laid as lies between the rails of
the tramway and (where a double line of tramway is laid by the
company in any road at a distance of not more than 4 feet from
each other) the portion of the road between the two lines, of
tramway, and in every case so much of the road as extends
18 inches beyond the rails of and on each side of any such tram-
way. Except as aforesaid the company shall not be liable to pay
for the cost of the maintenance or repair of any road whereon the
tramway is laid.

15. The company shall maintain in good condition and repair,
and at their proper level so as not to be a danger or annoyance to
the ordinary traffic, the rails of which the tramway for the. time
being consists, and the substructure upon which the same rest;
and if the Director of Public Works shall at any time alter the
level of any road along or across which the tramway shall be laid,
then the company shall, at their own expense, alter their rails so
that the uppermost surface thereof shall be on a level with the
surface of the road as altered, and if the company make default
in complying with any of the provisions of this section, they shall,
for every offence, be subject, on summary conviction, to a fine not
exceeding 100 dollars and, in case of a continuing offence, to a
further fine not ex ' ceeding 25 dollars for every day after-the first on
which such default continues.

* As amended by No. 1 of 1912.
+ As amended by No. 80 of 1911 and No. 1 of 1912.





16. The company shall keep those portions of the roads which
are occupied by the track of the Sections Nos. 1, 2, 3, 4, and 5
watered to the satisfaction of the Director of Public Works.

17. Where by reason of the execution of any work affecting the
surface or soil of any road along which the tramway is laid, it is
in the opinion of the Director of Public Works, necessary or
expedient temporarily to remove or discontinue the use of such
tramway or any part thereof, the Director of Public Works shall,
before such tramway or any part thereof shall be feniporarily
removed, or the uso thereof discontinued, give to the company 14
days notice at least of the necessity or expediency of Such
temporary removal or discontinuance, and immediately on receipt
of any such notice the company may, subject to such conditions
and rules as the Governor-in-Council may make, construct in the
sanie or any adjacent road, and, subject as aforesald, maintain so
long as necessary a temporary tramway in lieu of the tramway or
part thereof so removed or discontinued, and the road on which
such temporary tramway is laid shall, subject as aforesaid, be
maintained so loner as necessary by the Director of Public Works
at the expense of the company.

18. Any paying, metalling, or material excavated by the com-
pany in the construction of their works from any road under the
control of the Director of Public Works may be applied by theni,
so far as may be necessary, in or towards the reinstating of such
road, provided such paving, metalling or material are, in the
opinion of the Director of Public Works, fit and proper to be used
for -such purpose, and all surplus paving, nietalling or material
not so used shall be the property of the company, and shall
be removed by them with all reasonable diligence.

19. For the purpose of making, forming, laying down, main-
taining, renewing, altering, adding to, or removing the tramway
or any part thereof, the company may, where it is necessary or
appears expedient for the, purpose of preventing frequent interrup-
tion of the traffic by repairs or works in connection with the same,
alter the position of any mains or pipes for the supply of gas or

As amended by No. 50 of 1911.
As amended by No. 2 of 1912.
Asamended by No. 12 of 1910, No. 30 of 1911. No. 50 of 1911,
No. 1 9f 1912, No. 2 of 1912 and No. 21 of 1912.





water, or any tubes, wires, standards, poles, or apparatus for
telegraphic, telephonic, electric lighting, or any other purposes,
subi.ect to the following restrictions:-

(1) Before the company shall alter the position of any such
mains or pipes, tubes, wires, standards, poles, or apparatus they
shall obtain the written assent of the Director of Public Works to
such alteration.

(2) Before laying down the tramway in a road in which
any mains or pipes, tubes, wires, standards, poles or apparatus
may be laid, the company shall, whether they contemplate altering
the position thereof or not, give 7 days notice to the Department
or person to whom they belong of their intention to lay down or
alter the tramway, and shall at the same time deliver a plan of the
proposed work. If it appears that the construction of the tramway
as proposed would endanger any such main or pipe, tube, wire,
standard, pole or apparatus, or interfere with or impede the
supply of water or gas, or the telegraphic, telephonic, electric
lighting, or other communication, such Department or person may
give notice to the company to lower or otherwise alter the
position of the said mains or pipes, tubes, wires, standards, poles
or apparatus in such manner as may be considered necessary; and
any difference as to the necessit therefor shall be settled in
manner provided by this Ordinance for the settlement of differences
between the company and Departments or persons.

(3) The company shall not remove or displace any of the mains
or pipes, valves, syphons, plugs, tubes, wires, standards, poles or
apparatus, or other work belonging to any such Department
or person, or do anything to impede the passage of water or gas,
or the telegraphic, telephonic, electric lighting, or other communi-
cation into or through such mains or pipes, valves, syphons, plugs,
tubes, wires, standards, poles or apparatus, without the consent of
such Department or person, or in any other manner than such
Department or person shall approve, until good and sufficient mains,
pipes, valves, syphons, plugs, tubes, wires, standards, poles or
apparatus, and other works necessary or proper for continuing the
supply of water or gas, or telegraphic, telephonic, electric lighting
or other communication as sufficiently as the same was supplied by
the mains or pipes, valves, syphons, plugs, tubes, wires, standards,
poles or apparatus proposed to be removed or displaced, shall, at the
expense of the company, have been first made and laid down in lieu





thereof and be ready for use to the reasonable satisfaction of the
surveyor or engineer of such Department or person, or, in case of
disagreement between such surveyor or engineer and the company,
in such manner as the Director of Public Works, or other fit and
proper-person specially appointed by the Governor shall direct.

(4) All alterations to be made tinder this section shall be made
with as little detriment and inconvenience to such Department or
person as the circumstances will admit of and tinder the superin-
tendence of such Department or person, or of its or his surveyor or
engineer.

(.5) The company shall not lay down any such mains or pipes,
valves, syphons, plugs, tubes, wires, standards, poles or apparatus
contrary to the provisions of any Ordinance relating to water, gas or
other companies, or to telegraphs.

(6) The company shall make good all damage done by thein to
property. belonging to or controlled by ans such Department or
person, and shall make full compensation to all for any loss
or damage which they may sustain by reason of any interference
with such property or with the private service pipes or wires of any
person supplied by any such Department or person with water or gas
or electric light unless such Department or person shall, by or by
reason of their or his own default, neglect or ornission, have con-
tributed to or assisted in the doing, happening, or bringing about
of such loss or damage.
(7) If by any such operations as aforesaid the company interrupt
the supply of water or gas or electric light in or through any main,
pipe or wire for a period exceeding 12, consecutive hours they shall
be liable to a fine not exceeding 100 dollars for every day or portion
of a day after the expiration of such period of 12) hours during which
such supply shall be so interrupted.

20. When the tramway or any works connected therewith inter-
feres with any sewer, drain, water-course, or sub-way, or in any
way affects the sewerage or drainage of the Colony the company
shall not commence the construction of the tramway or works until
they shall have given to the Director of Public Works 14 days
previous notice in writing of their intention so to do, and shall have
left with such notice all necessary particulars relating thereto, nor
until the Director of Public Works shall have signified his written

' z~. As arnendedoby No. 1 of 1912,





approval of the saine, unless he do not signify his approval, dis-
approval or other directions within 14 days after service of the said
notice and particulars as aforesaid; and the company shall comply
with the directions of the Director of Public Works in the execution
of the said works, and shall provide by new, altered or substituted
works, in such nianner as the Director of Public Works shall re-
quire, for the proper protection of, and for preventing injury or
impediment to the sewers, drains, water-courses, sub-ways, sewer.
age or drainage hereinbefore referred to by or by reason of the tram-
way, and shall save harmless the Director of Public Works against
the expense occasloried thereby; and all such works, shall be done by
or under the, superintendence of the Director of Public Works at the
cost and expense of the company, and when any new, altered, or
substituted works shall be coinpleted by or at the cost or expense of
the conipany tinder this Ordinance, the saine shall thereafter be as
completely tinder the control of the Director of Public Works, and
be maintained by hini, as anv other sewers, dra,Ins, water-courses,
sub-ways, sewerage or drainage.

21. If any cable or line tised for the purpose of'tclegraphic,
telephonic, or electric sigmalling conimimication, now or hereaftei
to be constructed and worked in the Colony by a Government De-
partment or the Eastern Extension Australasia and China Telegraph
Company Limited and the Great Northern Telegraph Company
Limited, & any aerial or subterranean line connected with any
such cable, or the sheathings, coverings or supports of any such
cable or line, shall be injuriously affected by the construction or
working of the undertaking, or by electrolysis or other cause arising
or resulting from the undertaking, the company shall pay the ex-
penses of all such alterations in or additions to such cable, line,
sheatbings, coverings or supports as may be necessary to remedy
such injurious affection. For the purposes of this section a cable or
line shall be deemed to be injuriously affected if telegraphic com-
munication by rneans of such cable or line is, whether through
induction or otherwise, in any manner affected by any act or work
of the company.

22. Nothing in this Ordinance shall take away---orabridge any
power to open or break ul) any road along or across which the tram-

As aniended by No. 32 of 1902 and No. 1 of 1912.
As ameiided by No. 50 of 1911, No. 1 of 1912, No. 2 of 1912 ana
No. 21 of 1912.





way is laid or any other power now vested in any Department or
person for the doing of any matter or thing which such Department
c
or person is authorised to do, but in the exercise of such power all
such Departments or persons shall be subject to the following
restrictions .-

(1) They shall cause as little detriment Or inconvenience to the
company as circumstances admit.

(2) Before they commence any works whereby the traffic on the
tramway will be interrupted they shall (except in cases of urgency,
in which case notice of the commencement of such work shall be
given to the company within 24 hours after such commencement)
give to the conipany and the Director of Public Works notice of
their intention to commence such work, specifying the tinie at
which they will begin to do so, such notice to be given 24 hours at
least before the commencement of the work.

(3) They shall not be liable to pay to the company any compensa-
tion for loss of traffic occasioned thereby, or for the reasonable
exercise of the powers so vested in them as aforesaid.

(4) Whenever for the purpose of enabling them to execute such
works any such Pepartment or person shall so require, the company
shall either stop traffic on that portion of the tramway to which such
notice shall refer, where it would otherwise interfere with such
work, or shore up and secure the same at their own risk and cost
during the execution of the work there : Provided that' such work
.shall always be completed with all reasonable expedition.

(5) Such work so far as it immediately affects the tramway shall
not be executed except under the superintendence of the company,
unless the company do not give such superintendence at the time
specified in the notice for the commencement of the work, or per-
manently discontinue the same during the progress of the work,
and such work shall be executed without cost to and to the reason-
able satisfactiou of the company.

23. If any difference arises between the company on the one hand
and any Department or person (other than the Director of Public
Works) to whom any sewer, drain, tube, wires, standards, poles, or
apparatus for telegraphic, telephonic, electric lighting or other
purposes may belong on the other hand, with respect to any inter-
fererice or control exercised, or claimed to be exercised, by or on

As amended by No. 1 of 1912, No. 2 of 1912 and No. 21 of 1912.





behalf of such Department or person, or by the company by virtue
of this Ordinance in relation to any Section of the tramway or
works or in relation to any work proceeding of such Department or
person, or with respect to the propriety of or the mode of execution
of any work relating to the tramway, or with respect to the amount
of any compensation to be made by or to the company, or on the
question whether any work is such as ought reasonably to satisfy
the Department or person concerned, or with respect to any other
subject or thing regulated by or comprised in the Ordinance, the
matter in difference shall (unless otherwise specially provided for
by this Ordinance) be settled by a special case.

1 24. If any difference arises between the company on the one hand
and the Director of Public Works oil the other band with respect
to any interference or control exercised or claimed to be exercised
by the company or the Director of Public Works by virtue of this
Ordinance in relation to any Section of the tramway or works, or
in relation to any work or proceeding of the Director of Public
Works, or with respect to the propriety of or the mode of execution
of any work relating to the tramway, or with respect to the cost of
the maintenance or repair of any road along or across which the
tramway passes, or with respect to the amount of any compensation
to be made by or to the company, or on the question whether any
work is such as ought to satisfy the Director of Public Works, or
with respect to any other subject or thing regulated by or comprised
in this Ordinance, the matter in difference shall (unless otherwise
specially provided for by this Ordinance) be settled by a special case.

25. Neither the tramway nor any portion thereof shall be opened
for public traffic until the same has been certified to be fit for such
traffic by the Director of Public Works or other officer duly appoint.
ed in writing for that purpose by the. Governor-in-Council, and the
Governor-in-Council has, by notification in the Gazette, authorised
the same to be opened for such traffic.
[s. 26, rep. No. 1 of 1912.]

Insuffictent User of Tramucay
27. If it shall be represented in writing to the Governo-in-Council
by the Director of Public Works or by 20 inhabitant ratepayers that
the public are not afforded the full benefit of the tramway, the

14 * As ainended by No. 1 of 1912 and No. 43 of 1912 Supp. Sched.





Governor-in-Council may (if satisfied that prima facie the case is one
for enquiry) appoint an officer to enquire into the matter and to hold
an enquiry and report thereon, and, if the truth of the representation
shall be proved, the Governor-in- Council may issue an order to the
company, requiring it to provide such a service of cars as will
afford to the public the full benefit of the tramway, and such order
may prescribe the number of cars which the company shall run
upon the tramway, and the mode and times in and at which such
cars shall be run. Every such order shall be served upon the com-
pany within 48 hours after it shall have been irlade, and shall be
published in the Gazette next following the making thereof. Pro-
vided that the Governor-in- Council shall, before issuing any such
order, be satisfied that under good and economical management the
prescribed service will be fairly remunerative to the company; and
that, after the company shall have complied with such order for not
less than 30 days, the Governor-in-Council may on the application
of the company revoke or modify any such order.

28. If for the period of 3 months after the service of such order
the company shall fail or neglect to comply therewith, the tramway
shall be deemed to be a tramway to which all the provisions of this
Ordinance relating to the discontinuance of the tramway after proof
of such discontinuance shall apply, and it may be dealt with
accordingly.

Discontinuance of Tramway.
29. If the company discontinue the working of the tramway or
of any part thereof for the space of 6 months (such discontinuance
not being occasioned by circumstances beyond the control of the
company, for which purpose the want of sufficient funds shall not
be considered a circumstance beyond its control) and such dis-
continuance is proved to the satisfaction of the Governor-in-Council,
the Governor-in-Council may by order declare that the powers of
the company in respect of the tramway or the part thereof so dis-
continued shall from the date of such order be at an end, and
thereupon the powers of the company shall cease and determine,
unless the same are purchased by the Government in manner by
this Ordinance provided. Where any such order has been made the
Director of Public Works may, at any time after the expiration of

As amended by No. 1 of 1912.
Asamended by No. 50 of 1911, No. 1 of 1912, No. 2 of 1912,
No. 21 of 1912 and No. 4.3 of 1912 Supp, Sched,
-0 -





2 months from the date of such order, under the authority of a
certificate to that effect of the Governor-in-Council, remove the
tramway or part of the tramway so discontinued, and the company
shall pay to the Director of Public Works the cost of such removal
and of the making good of the road by the Director of Public Works,
such cost to be certified by him, and his certificate shall be final and
conclusive, and if the company fall to pay the amount so certified
within 2 months after delivery to it of such certificate or a true
copy thereof, the Director of Public Works may (without any
previous notice to the company but without prejudice to any other
remedy which lie may have for the recovery of the amount) sell and
dispose of the materials of the tramway or part of the tramway
removed, either by public auction or private contract and for such
sum and to such person as he may think fit, and may out of the
proceeds of such sale reimburse himself the amount of the cost
certified as aforesaid, and of the cost of sale, and the balance, if any,
of the proceeds of sale shall be paid to the company,.

Insolvency of Company

30. If it appears to the governor-in-council that the company is
insolvent, so that it is unable to maintain the tramwya or work the
same with advantage to the public, the Governor-in-Council maly
enquire into the financial affairs of the company, and, if satisfied
that the company is so insolvent as aloresaid, may by order declare
that the powers of the company shall, at the expiration of 6 month 3
from the making of the order, be at an end, and the powers of the
company shall cease and determine at the expiration of the said
period unless the same are prchased by the Government in manner
by this Ordinance provided, and thereupon the Director of Public
Works may remove the tramway in like manner and subject to the
same provisions as to the payment of the costs of such removal and
to the same remedy for recovery of such costs in every respect as in
cases of removal under the preceding section.

Purchase of Tranavoy.
31. The Governor-in-Council may at the expiration of 50 years
from 1he date of the comnienceinent of this Ordinance, or at the
expiration of any subsequent period of 5 years, or at the expiration

As alnended by No. 1 of 1912 and No. 43 of 1912 Supp. Sched.
As aluended b-y No, 1 of 1912.





of 3 months after the making of any order under either of the two
preceding sections, on giving to the company a notice in writing in
manner following :-
(a.) at least 6 months' notice prior to the expiration of such 50
years ;
(b) at least 6 months' notice prior to the expiration of any such
subsequent period of 5 years;
(c) at least 2 months' notice prior to the expiration of such 3
months---
require the company to sell and thereupon the company shall
sell to the Government their undertaking, and all lands, build-
ings, works, materials and plant of the company suitable to and
used by the company for the purposes of their undertaking, for and
in consideration of the then value of the sa-nie. Provided that the
value aforesaid shall be deemed to be the fair value at the. time of
the -purchase, due regard being had to the cost of construction less
depreciation, ' and to the then nature, condition and state of repair
of the buildings, works, materials and plant, and to the fact that
they are in such a condition and state ol repair as to be ready for
immediate workimi, and to the suitability of the same for the pur-
poses of the undertaking, but without any addition in respect of
compulsory purchase, or of goodwill, or of any profits which might
have been made from the undertaking, or of any similar considera-
tions. In case of difference, such value as aforesald shall be deter-
mined by a special case. When any such sale has been made and
completed all the rights, powers an~ authorities of the company in
respect of the premises sold, or, where any order has been made by
the Governor-in-Council under either of the two preceding sections,
all the rights, powers and authorities of the company previous to the
making of such order in respect of the premises sold shall be trans-
ferred to and vested in and may be exercised by the Government.

Motive Power.
32. The cars used on the tramway shall be moved by electric
power conveyed by means of a bare overhead wire and the rails of
the tramway. Provided always that the exercise of the powers by
this section conferred with respect to the use of electric power shall
be subject to the rules set forth in schedule A, and to any rules which
may be added thereto or substituted therefor by any order which the
Governor-in-Council may make for securing to the public all reason-

As amended by 'No. 50 of 1911 and No. 1 of 1912.





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

33. Every motor car and trailer car used on the tramway shall be
so constructed as to provide for the safety of passengers and for their
safe entrance to and exit from and accommodation in such car and
their protection from the machinery used for drawing or propelling
such car.

34. The Director of Public Works, or any officer appointed for
that purpose by the Governor in writing, inay inspect ally car used
on the tramway, and the machinery therein, and any wires or other
machinery of the company, and report thereon, and the Governor
may (after receiving from the company and considering their report
on the matter) by, order prohibit the use of any such car wires or
machinery as may be determined to he unsafe or unfit for use.

35. The company or any person using electric power on the tram-
way contrary to the provisions of this Ordinance, or to any of the
rules set forth in schedule A, or to any rule added thereto or sub-
stituted therefor as aforesaid, shall for every such offence be subject
to a fine not exceeding 225 dollars, and also in the case of a continuing
offence to a further fine not exceeding 10 dollars for evenr day after
the first during which such offence continues.

Rules.

36. Subject to the provisions of this Ordinance, the Governor-in-
Council may make rules with regard to the tramway for regulating
the working of the tramway as well as for any of the following
purposes
for regulating the use of the warning apparatus affixed to the cars;
for providing that the cars shall be brought to a stand at such
places and in such cases of impending danger as the governor-in-
Council may deem proper for securing safety;

As amended by No. 12 of 1910 and No. 50 of 1911.
As amended by No. 30 of 1911 and No. 50 of 1911.
As amended by No. 50 of 1911, No. 1 of 1912, No. 2 of 1912 and*
No. 8 of 1912.





for regulating the entrance to, exit from, and accommodation in
the cars, and the protection of passengers from the, machinery of any
car used on the tramway;
for regulating the rate of speed of the cars : Provided that the
speed as regards Sections Nos. ---1, 2, 3, 4 and .5 shall not (unless
another rate be authorised by the Governor-in-Council under the
authority of this clause) exceed the rate of 10 miles ai-i. hour, and,
as regards Sectio.Ds Nos. 6 and 7, shall not exceed the rate of 1,5
miles ari hour, and that no cars may ~ass through inovable facing
points at a pace exceeding the rate of 4 miles an honr : Provided
also that, as regards Sections Nos. 1, 2, 3, 4 and .5 the Governor-
in-Council may, if he shall think fit so to do, authorise the maxumum
rate of speed to be Mereased to a. rato, not exceeding the rate of 121
miles an hour;
for the stopping ol cars using the tramway;
for providing for the due publicity of all rules relating to the tram-
way by exhibition thereof in conspicuous places:
for providing for the safety of the public in all cases in which it
shall appear to the Governor-in-Council that such safety is, or is
likely to be, endangered or imperilled.

Subject to the provisions of theis Ordinance and to their furnishing
to the Governor-in-Council a true copy of every rule which they
propose to make one month at least before the same is made, the
company may make rules-
for preventing the cpmmission of any nuisance in or upon any car
or in or agalnst any preinises belonging to theni
for regtt)atitig the travelling in or upon any car belonging to them.


Rules made by the Governor-in-Couneil or by the conipany shall
come into force one month after their publication In the Gazette.

37. Any such rule may impose fines for offences against the came
not exceeding 10 dollars for each offence, with or without further
penalties for continuing offencen not exceeding for any continuing
offence 5 dollars for every day dtiring which the offence continues.

Wheels and Width of Cars.
38. The company may rise, on the tramway cars with flange-
wheels, or wheels suitable only to run on the rails of the tramway,

* As aiixen&i,.d by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912.





and, subject to this Ordinance, the company shall have the exclusive
use of the tramway for cars with flange-wheels or other wheels suit.
able only to run on the said rails, and no car used on the tramw ay
shall exceed 6 feet 6 inches in width.

Power to Sell.

49. Subject to the approval of the Giovernor-in-Council, the com
pany may sell or assign the whole oil their undertaking to such
person, by public auction or private contract, or partly by public
auction and partly by ivate contract, and with, under and subject

to such terms and conditions in all respects, as the company shall
think fit, with power at any such sale to fix a reserve price for, or
buy in the saine; and when any such sale,.or assignment has been
inade and completed all the rights, powers, autborities, obligations
and liabilities of the company in respect to the undertaking shall be
transferred to, vested in and may be exercised by and shall attach
to the person to whorn the sanie have been sold or assigned, in like

wanner as if teh undertaking had been constructed by such person
tinder the powers conferred upon film by this Ordinance, and in
reference to tbe sarne he shall be deemed to be the company and to
be. subject in all respects to the provisions of this Ordinance and to
any order or rules made hereunder. Provided that the company may
at any time sell or assign any land, machinery, property, chattel or

effect which is not required lot. the efficient maintenance and work-
ing of its undertaking.

Power to Lease.

40. Subject to the approval of the, Governor-in-Council, Ihe
company may demise or let the whole of their undertaking to such
person, for such term of years or from year to year or for any Jess
period, and for such rent and upon such terms and conditions in
all respects as the company shall tbink fit, to take effect either in
possession or at soine future date. and either with or without a
premium as a consideration for such demise; and when any such
demise or letting has been made the lessee shall be subject in all
respects to the provisions of. this Ordinance and to any ordei or
rules made hereunder. Provided that the company- may at any

As amended by No. 1 of 1912, No. 2 of 1912, No. 22 of 1912 and
No. 43 of 1912 Supp. Sched.
As amended by No. 50 of 1911, No. 1 of 1912 and No. 43 of 191g
Supp. Sched.





tline dernise, or let any land, machinery, property, chattel or effect
which is not required for the efficient maintenance and working
of its undertaking.

Power to Mortgage.
41. Subject to the approval of the Governor-in-Council, it shall
be lawful for the company to borrow money on mortgage of the
whole of its undertaking, and for that purpose to assign or
demise by way of mortgage all its lands, messuages or tene-
ments, erections, buildings, works, rolling stock, plant, machinery,
chattels and effects, to any person, and to enter into all such
covenants, provisoes, declarations and agreements as the company
shall think fit or proper, and any mortgagee in possession shall be
subject in all respects to the provisions of this OrdinaDee and to
any order or rules made hereunder.

Rights of Governinent.
42. The. Governor-in-Council may by order direct that precedence
over the company and all other persons in the user of the tramway,
or any part thereof, be taken for defensive or military purposes, or
for the passage of troops and war material, on giving to the coni-
pany before each occasion of such user 3 clear days' notice, when
practicable.

43. The Governor-in-Council shall direct the payment to the
company for such user as aforesaid of such fares and charges as
shall be agreed on, or, if no agreement shall be come to, then the
amount of the fares and charges to be paid shall be determined upon
a special case.

44. Postmen and policemen in the service of the Governinent o
duty and in uniform shall be carried free of charge.

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

416. Save and except passengers' lug age not exceeding 16

pounds in weight or 1 cubic. foot in measurement, the company
shall not be bound to carry any animals, goods, merchandise, com-
modities, minerals or parcels.

As ameudelft by No. 1 of 1912 and No. 48 of 1912 Supp. Sched.
As arnended by No. 1 of 1912.





Royalties to Governnient.
47.-(1) The company shall not be required to pay any royalty
for 10 years after the tramway has been opened for public traffic,
but in consideration of the rights, powers and authorities hereby
granted or conferred, the company thereafter shall pay to the
Government the following royalties:-
(a.) from and after the expiration of the said 10 years, for the
period of 25 years, 5 per cent. per annum of the profits
(b) after the said period of 2.5 years has expired and for so long
as the company shall exercise their said rights, powers and authori-
ties, 25 per cent. per annum of the profits.
For the purposes of this section profits shall be the gross takings
of the conipany less working expenses, and such working expenses
shall not be deemed to include any interest or dividends upon any
nioneys borrowed for the purposes of the company.
(2) Any person appointed by the Government as auditor for the
purpose may at all reasonable tlines inspect the books, papers and
vouchers of the company and take notes therefrom.
(3) In the event of any dispute arising between the Government
and the company as to what is, for the purposes of this section, the
correct amount of the profits of the company in any particular year,
such amount shall be determined upon a special case.

Fares and Charges.
48. The company may demand and take for every passenger
t'ravelling upon the trainway or any portion thereof, fares ot ex-

ceeding the following rates:-
(i) from or to the point where Section No. 1 is authorised
to commence to or from the General Post Office, for any distance,
for a 1st class passenger 15 cents, for a 2nd class passenger
10 cents, and for a 3rd class passenger .5 cents;
(ii) from or to the G'eneral Post Office to or from the point in
Shau-ki-wan Road where Section No. 2 is authorised to terminate, or
to or from the Point in Wong Nel Cliong Road where section No.
5 is authorised to terminate, for any distance, for a 1st class
passenger 15 cents, for any class passenger 10 cents, and for a,
3rd class passenger 5 cents;



As amended by No. 50 of 1911 and No. 1 of 1912.
Supp. Sched.





(iii) frorn or to the point in Shau-ki-wan Road where Section No.
6 is authorised to commence to or from the point in Shau-ki-wan
Road where Section No. 7 is authorised to terminate, for any dis-
tance, for a Ist class passenger 20 cents, for a 2nd class passenger
1.5 cents, and for a 3rd class passenger 5 cents.

A list printed in the English and Chinese languages of all the
fares and charges authorised to be taken shall be exhibited in a
conspicuous place at the offices of the. company, and inside and
outside every car used upon the tramway: Provided that if there
be any variation between the English and Chinese prints of the
said list the English print thereof shall prevail.

49. The company shall at all times after the tramway shall have
been opened for public traffic run on the tramway such number of
cars as may be fixed by resolution of the legislative each
way every morning and evening in the week, at such hours
not being later than 7 a.m. nor earlier than -5.30 p.m. respectively,
as the company shall think most convenient for artizans, mechanics
and daily labourers, at fares not exceeding 2 cents for the single
journey and 3 cents for the return iourney : Provided that in case
any complaint shall be made to the G overnor-in- Council of
the hours appointed by the company for the running of such cars
the Governor-in-Council shall have power by order to fix and
regulate the same.

50. Separate cars or separate accommodation shall be provided
by the company for Chinese 3rd class passengers.

51. If the cars shall during any journey contain their authorised
complement of passengers, the company shall not be bound to find
accommodation for any other passenger, notwithstanding that such
other passenger may have purchased a ticket entitling him to travel
upon the tramway.

52. No passenger shall speak to the driver ol any car whilst such
driver is on duty.

53. No passenger may take on the tramway personal luggage
other than small hand-baskets, bags, or parcels, no one of which
shall exceed 16 pounds in weight, or 1 cubic foot in measurement.

As anriended by No. 51 of 1911 and No. 1 of 1912.
f As aniendei by No. 50 of 1911.
& As araendea by No. 2 of 1912.





All such personal luggage shall be carried by band, and at
the responsibility of the passenger, and shall not occupy any part of
a seat, nor be of a form or description to annoy or inconvenience
other passengers.

54. The company may demand and take in respect of any
animals, goods, merchandise, commodities, minerals or parcels
conveyed by them on the tramway, except as is by this Ordinance
specially provided, charges not exceeding those specified in sche-
dule B, subject to the rules therein contained.

55. The said fares and charges shall be paid to such persons and
at such place and in such manner as the company may, by notice
annexed to the list of fares and charges, appoint.

Abandonment of Undertaking.
56. If the company abandon its undertaking or any part
thereof and take up the tramway or any portion thereof it shall,
with all convenient speed, and in all cases within 8 weeks at the
most (unless the Director of Public Works otherwise consents in
writing) fill in the ground and make good the stiri'ace, and, to the
satisfaction of tile Director of Public Works, restore the portion
of the road upon which the tramway, or such portion thereof as
shall be abandoned, was laid, to a good condition, and shall clear
away surfJus paying or metalling material or rubbish occasioned
by such work, and shall in the meantime cause the place where the
road is ope-ned or broken tip to be fenced and watched and to be
properly lighted at night : Provided that iE the company fall to
comply with the provisions ol this section the Director of Public.
Works may at any time, after 7 days notice to the company, remove
the tramway and do the work necessary for the restoration of the
road to the extent provided for in this section, and the expense
incurred by him in so doing shall be revald by the company.

Offences.

57. If any person infringes any of the provisions of this Ordi-
nance, or wilfully obstructs any person acting under the authority
of the company in the lawful exercise of any of the powers hereby
conferred, or defaces or destroys any mark made for tE6 purpose of

* As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1
f.As amended by -No. 50 of 1911, No. 1 of 1912, No. 2 of 191
No. 43 of 1912 Supp. Sched.
As amended by No. 80 of 1911 and No. 1 of 1912.





setting out the line of the tramway, or damages or destroys any
property of the company, he shall for every such offence be liable
to a fine not exceeding 500 dollars.

58. If any person without lawful excuse wilfully does any of the
following things, namely:-
(a) interferes with, removes, or alters, any part of the tramway,
or of the works connected therewith ; or

(b) places or throws any stone, dirt, wood, reftise, or other
material on any part of the tramway; or
(c) does, or causes to be done, anything in such inanner as to
obstruct any car using the trainway, or to endanoer the lives
of persons therein, or tbereon ; or
(d) knowingly aids or assists in the doing of any of sch things

he shall for every such offence be liable (in addition to any pro-
ceedings by way of indictment or otherwise to lie may be
subject) to a fine riot exceeding 1,000 dollan, and in default,
of payment to imprisonment for any terni not exceeding 1.2
months.

59. If any person travelling, or having travelled in any car,
avoids or attempts to avoid payment of his fare, or if any person,
having paid his fare for a certain distance, knowingly and wilfully
proceeds in any such car beyond such distance, and does not pay
or tender the additional fare for the additional distance, or attempts
to avoid payment, thereof, or if any person knowingly or wilfully
rell-1ses or neglects, on arriving at the point to which he has paid
his fare, to quit such car, every such person shall for every such
offence be liable to a fine not exceeding 10 dollars.

60. It shall be lawful for any officer or servant of the company
and any person called by him to his assistance to seize and detain
any person discovered either in, or immediately after, committing
or attempting to commit any offence against the preceding section,
and whose name or residence is unknown to such officer or servant,
until such person can be handed over to an officer of police for safe
custody.

* As aniended by No. 30 of 1911, No. 1 of 1912 and No. 8 of 1912.
+ As srnended by No. 30 of 1911.
As amendel by No. 51 of 1911 aDd No. 2 of 1912.





61. No person shall be entitled to carry or to require to be carried
on the tramway any dangerous goods as defined by Ordinance No.
1 of 1873, and if any person send by the tramway any such goods
without distinctly marking their Dature on the outside of the
Yessel 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, lie shall be liable to a fine not
exceeding 100 dollars for every such offence, and it shall be lawful
for the company to refuse to take any parcel that it may, suspect
to contain any such dangerous goods or require the same to
be opened to ascertain the fact.

62. If any person (except under the authority of this Ordinance)
uses the trarnway with carriages, cars or vehicles having flange-
wheels, or other wheels suitable to run on the rail of the tramway,
such person shall for every such offence be liable to a fine
not exceeding 100 dollars.

[ss. 63 to 69~, rep. No. 8 of 1912.]

Miscellaneous.
70. Every fare, charge, pena,Ity or forfeiture imposed by this Ordi-
nance the recovery of which is not otherwise provided for, may be
recovered before a Magistrate, and on complaint beinle, inade to a
Magistrate he shall issue a summons requiring the party complained
against to appear before any Magistrate at a time and place to be
named in such summons, and every such summons shall be served
on the party offending either in person or by leaving the same with
some inmate at his usual or last known place of abode, and upon
the appearance of the party complained against., or, in his absence,
after proof of the due service of such summons, it shall be lawful
for any Magistrate to proceed to the hearing of the complaint
although no information in writing shall have been exhibited
before him, and, upon proof of the offence, it shall be lawful for
such Magistrate to convict the offender and to order him to pay
such fare, charge, penalty or forfeiture, as well as such costs
attending the conviction, as he shall think fit.

71. If forthwith, upon any such adjudication as aforesaid, the
amount of the fare, charge, penalty or forfeiture, and of such costs

Asaniended by No. 30 of 1911, No. 1 of 1912, No. 2 of 1912 and
No. 43 of 1912 Supp. Sched.
As atnended bv No. 30 of 1911.
As ainended by' No. 1 of 1912 and No. 2 of 1912.





as aforesaid be not paid, the amount thereof shall be levied
by distress, and any Magistrate shall issue his warrant of distress
aceirdingly. The said amount shail be levied by distress and sale
of the goods and chattels of the party liable to pay the same, and
the overplus arising from the sale of such goods and chattels, after
satisfying the amount due and the expenses of the distress and
sale, shall be returned on demand to the party whose (foods have
been distrained.

72. The Magistrate by virtue any such penalty or forfelture shall A
be imposed may, where the application thereof is not otherwise
provided for, award one moiety thereof to the informer or party
prosecuting or complaining.

73. No distress levied by virtue of theis ordinanece shall be deemed
unlawful, nor shall any party making the same be deenied a.
trespasser, on account of any defect or want of forin in the sum-
mons, conviction, warrant of distress or other proceeding relating
thereto, nor shall such partY be deemed a tres 1 passer ab inition on
account of any irregularity afterwards cominitted by hini, but all
persons aggrieved by such defect or irregularit mav recover full

satisfaction for the special damage in a civil action.

74. No person shall be liable to the payment of any fare, charge,
penalty or forfeiture imposed by virtue of this Ordinance for any
offence made cognizable before a-Magistrate unless the complaint
respecting such offence shall have been made before such Magistrate
within 6 months next after the commission n of stich offence.


75. It shall be lawful for any Magistrate to summon any person

to appear before him or any other Magistrate as a witness in any
matter in which a Magistrate has jurisdiction under the provisions
of this Ordinance, at a time and place. mentioned in such
summons, and to administer to him an oath to testify the truth in
such matter, and if any person so summoned shall, without
reasonable excuse, refuse or neglect, to appear at the time and place
appointed.for that purpose, having been paid or tendered a reason
able sum for his expenses, or if any person appearing shall refuse

As amended by No. 1 of 1912.
+ As amended by No. 2 of 1912.
As amendedlby No. 30 of 1911 and No. 2 of 1912.





to be examined upon oath or to give evidence before such Magis-
trate, every such person shall be liable to a fine not exceeding 50
dollars for every such offence.

76. The Magistrate before whorn, any person shall be convicted
of any offence against this Ordinance may cause the conviction to
be drawn up according to the forin in schedule C.

77. No proceeding before a Magistrate in pursuance of this Or-
dinance shall be quashed or vacated for mrant of form or removed
by certiorari or otherwise into the Court.

78. If any party shall feel aggrieved by any determination or
adjudication of any Magistrate with respect to any fare, charge,
penalty or forfeiture under the provisions of this Ordinance, such
party may appeal under the provisions of and in manner provided
by any Ordinance relating to appeals from a Magistrate.

79. The company shall be, answerable for all accidents, damages
and injuries happening throngh its act or default, or throngb the
act or default of any person in its employment, by reason or in
consequence of any of its works or car and shall save harmless
all Departments, and persons collectively and individually, and
their officers and servants, from all damages and costs in respect of
such accidents damages and injuries.

80. Notwithstanding anything in this Ordinance contained the

company shall not acquire any right other than that of user of the
roads along or across which they lay the tramway.

81. Nothing in this Ordinance shall limit the powers of the police
to regulate the passage of any traffic along or across any public
road along or across which the tran-iway is laid down, and the police
may exercise their powers as well on as off the tramway, and with
respect as well to the traffic of the company as to the traffic
of other persons, and in particular nothing in this Ordinance shall
limit the power of the Captain Superintendent of Police under any
Ordinance to make regulations with reference to traffic.

'82. Nothing in this Ordinance shall take away or abridge the
riglit'of the public to pass along or across every or any part of any

* As amended by No. 50 of 1911.
+ As amended by No. 1 of 1912.
As amended by No. lof 1912 aDd No. 43 of 1912 Supp. Sehed.





public road along or across which the tramway is laid, whether on
or oIT the tramway, with carriages, cars, or vehicles not hav-
ing flange wheels or wheels suitable only to run on the rail of the
tran-iway.

83. The powers and privileges given by this OrdinanCe are

so given saving and reserving always the rights of His majesty, and

of those claiming by, from, or tinder him.

84. Nothing in this Ordinance shall exonerate the company frorn
atiy itidletinent, uction ot. other proceedings for muisance in the
event of any nuisance being caused or permitted by it,

SCHEDULE A.
RULES
In the following rules,-
'energy' means electrical energy:
'generator' means the dynameo or dyamos ro other electrical ap-
paratus used for the generation of energy;


motor--- iticans any electric motor carried on a car and used for
the conversion of energy:
c,
pipe--- means any Yas or water pipe, or other metallic pipe, struc-
tiwe, or substance

1, wire---niewis any wire or apparatus used for telegraphic, telephonic,
electrical signalling or other similar purposes:
11 current--- ineans an electric current exceeding one. thousaildth part
of one ampere.
1. Any dynamo used as a generator shall be of such pattern and con-
struction as to be capable of producing a continuotis current without
appreciable pulsation.
2. One of the two conductors used for transmitting energy from the
(Yenerator to the motors shall be in every case insulated frorn earth, and
is hereinafter referred to as the ---line -; the other may be uisulated
throughout, or may be uninsulated in such parts and to such extent as
is provided in the following rules, and is hereinafter referred to as the
1, return.---

As arnended by No. 1 of 1912.
4s arnended by No. 50 of 1911,





3. Where any rails, on which cars run, or any conductors laid between
or within 3 feet of such rails, form any part of a return such part may
be uninsulated. All other returns or parts of a return shall be in-
sulated, unless of suefi sectional area as will reduce the difference of
potential between the end's of the uninsulated portion of the return
below the limit laid down in rule 7,

4. When any uninsulated conductor laid betsveen or within 3 feet of
the rails forms any part of a return, it shall be electrically connected
to the rails at distanceg apart not exceeding 100 feet by means of copper

strips having a sectional area of ai, least one-sixteenth of a square inch,
or by other rneans of equal conductivity.

5. When any part of a return is uninsulabed it shall be connected
with the negative terminal of the generator, and in such case the
ne-ative terminal of tile generator shall also be directl connected,

through the current indicator hereinafter mentioned, to two separate
earth connections which shall be placed not less than 20 yards apart.
Provided that in place of such -0so earth connections the company l-nay
make one connection to a main for water supply of not less than 3
inches internal dianleter, with the consent of the owern thereof and
of the person supplyingAhe water, and provided that where, froin the
nature of the soil or for other reasons, the companv can show to the
satisfaction of an inspecting officer of the Goveriin~eiit that the earth
connections hereffl. specified cannot be, constructed and maintained
without undue expense, the provisilions of this rule shall not apply. The
earth connections referred to in this rule shall be constructed, laid, and
maintained so as to secure electrica contact with the general mass of
earth, and so that an electro-motive force, not exceedina 4 volts, shall
suffice to produce a current of at least 2 amperes frow one earth con-
nection to the other throuAl the earth, and a test shall be made at
least once in every month to ascertain whether this requirement is
complied with. No portion of either Parth connection shall be placed
within 6 feet of any pipe except a main foi svater supply of not less
than 3 inches inter7ial diaincter which is inetallically con~ected to the.
earth connections with the consents hereiDbefore specified.
6. When the return is partly or entirel ' v uninsulated the company
shall in the construction and maintenance of the tramwya-(a) so
separate the uninsulated return from the general mass of earth, and
from any pipe in the vicinity- (b) so connect together the several lengths
of the rails: (.c) adopt such mean., for reducing the difference produced
by the current between the potential of the uninsulated return at any
other poinll: and (d) so mainflain the efficiency of the'earth connections
specified in the preceding rules, as to fulfil the following conditions,
viz. :-

(i) that the current passing from the earth connections through the
indicator to the generator shall not at any time exceed eithera amperes
per mile of single tramway line, or 5 per cent. of the total current out-

put of the station.
(ii) that if at any time and at any place a test be made by connecting
a galvanometer oi other current-indicator to the uninsulated return to
any pipe in' the vicinity, it shall always be possible to reverse the





direction of any current indicated by interposing a battery of 3
Leclanche cells connected in series if the direction of the current is
from the return to the pipe, or by interposing one Leclanche cell if the
direction of the current is from the pipe to tile return.

In order to provide a coliGilluous indication that the condition (i) is
complied with, the ccpmpany shaii place in a conspicuous position a
suitable properly connected and correctly niarked currentAndicator, and
shall keep it connected during the whole time that the line is charged,

The owner of ally such pipe inay require the company to permit him
at reasonable times and intervals to ascertain by test that the condi-
tions specified in (ii) are complied with as regards his pipe.

7, When the return is partly or entirely uninsulated a continuous
record shall be kept by the company of the diderence of potential
duriii,y the working of the tramway between the points of tile un-
insulated return furthest from and nearest to the generating station. If
at any time such dificrence of pollential exceeds the limit of 7 volts,
the company shall take immediate steps to reduce it below that limit.

8. Every electrical connection with any pipe shall be so arran-ed as
to admit of easy examination, and shall be tested by tile company at
least once in every 3 months.

. 9. Every line and every insulated return or part of a return except
any feeder shall be constructed in sections not exceeding olle half of a
inile in length, and ineans shall be provided for insulating each such
section for purposes of testing'

10. The insulation of the line and of the. return when insulated, and
of all -feeders and other conductors, shall be so maintained that the
leakage current shall not exceed one hundredth of all ampere per mile
of tramway.The leakage current shall be ascertained daily before or
after the hours of running when the line is fully charged. If at any
time it should be found that thecurrent exceeds one half of
all ampere per mile of tramway the leak shall be localised and removed
as soon as practicable and the running of the cars shall be stopped

unless the leak is localised and removed witbin 24 hours. Provided
that where both line and return are placed within a conduit this regula-
tion shall.not apply.
11. The insulation resistance of all continuously insulated cables used
for lines, for insulated returns, for feeders, or for other purposes, and
laid below the surface of the ground, shall not be permitted to fall be-
low the equivalent of 10 riegolirns for a length of one mile. A test of
the insulation resistance of all such cables shall be made at least once
in each month.

12. Where in any case in any part of the tramway the line is erected
overhead and the return is laid on or under the grou'nd, and where any
wires have been erected or laid before the construction of the tramwav
in the same or nearly the same direction as such part of the tramwa~
the company shall, of required so to do by the owners of such wires or
any of them, permit sujh owners to insert and maintain in the. com-
pany's line one or more induction-coils or other apparatus approved by





the company for the purpose of preventing disturbance by electric induc-

tion. In any case in which the company withhold their approval of
any such apparatus the owners may appeal to the Governor-in-Council,
who may, if he thinks fit, dispense with such approval.
13. Any insulated return shall be placed parallel to and at a distance
not exceeding 3 feet from the line when tile line and return are both
erected overhead, or 18 inches when they are both laid underground.
14. In the disposition, connections, and working of feeders the com-
pany shall take all reasonable precautions to avoid injurious inter-
ference with ally existing wires.
15. The company shall so construct and maintain their system as to
secure good contact between the motors Ad the line and return
respectively.
16. The company shall adopt the best means available to prevent the
occurrence of under sparkin at the rubbing or rolling contacts in any
place and in the construction and use of their generator and motors.

17. In working the cars the current shall be varied as required by

means of a rheostat containincy at least 20 sectin or by some other

equally efficient method of gradually varying resistance.
18. The company 'shall, so far as may be applicable to their systern
of working, keep records as specifiedThese records shall, if
and when required, be forwarded for the information of the Governor
in-Council.

Duily Records.
Number ol ears running
Maximum working current.
Maximum working pressure.
Maximull current from the earth connections (vide rule 6 (i).).
Leakage current (vide rule 10).
Fall of potential ill return (vide rule 7).

Monthly Records.
Condition of earth connections (vide rule 5).
Insulation resistance of insulated cables (vide rule 11).

Quarterly Records
Conductance of joints to pipes (vide rule

Occasional Records.
Any test made under the provisions of rule 6 (ii).
Localisation and removal of leakage, stating tine occupied.

Particulars of any abnormal occurrence affecting the electric working
of the tramway.

* M aniended by No. 2 of 1912.





SCHEDULE 13.

CHARGES FOR ANIMALS, GOODS, &C.

Animals.
Forevery horse, mule, or other beast of dratiglit or
For every ox, cow, bull or head of cattle, per head

For every calf, pig, sheep, dog, or other small animal,



Per mile.

........................ 12 cents.
......... 12 ,

Goods and Minerals.
For all coals, coke, culm, charcoal, cannel, limestone,
chalk, lime, salt, sand, fire clay, cinders, dung,
compost and all sorts of manure, and all undressed
materials for the repair of public roads or highways,
per ton
For all iron, iron ore, pig iron, bar. iron, rod iron, sheet
iron, hoop iron, plates of iron, slabs, billets and rolled
iron, bricks, slags and stone, stones for building,
pitching and payin ',, tiles, slates and clay (except fire
clay), and for wrought iron not otherwise specially
cla~sed herein, and for heavy iron castin 7, including
railway chairs, per ton ...........20
For all sugar, grain, corn, flour, hides, dve-woods,
0 1
earthenware, timber and metals (except iron), nails,
anvils, vices and chains, and for light iron castings,
per ton ............................................................
Forcotton and other wools, drugs (except opium), and
manufactured goods, and all other wares, mer-
chandise, fish, articles, matters or things, per ton ...
Foropium, perchest ..............................................

20 ,

20 ,

30
20

Small Parcels.
For every parcel not exceeding 7 pounds in weight, each
Forany parcel exceeding 7 pounds and not exceeding
14 pounds in weight, each .................................
For any parcel exceeding 14 pounds and not exceeding
28pounds in weight, each .............

For any parcel exceeding 28 pounds and not exceeding

56 pounds in weight, each .20
For any parcel exceeding 56 pounds in weight, such sums
as the company may think fit.

5

11







10 ',

15 ',

Provided always that articles sent in large aggregate quantities,
although made up in separate parcels such as bags of sugar, coffee,
meal, and the like, shall not he deemed small parcels, but that term
shall apply only to single parcels in separate packages.





Rules as to the Charges mentioned in this Schedule.
A fraction of a mile beyond an integral number of miles shall be
deemed a mile.
For a fraction of a ton tile company may demand and take charges
according to the number of the quarters of a ton in such fraction, and
if there be a fraction of a quarter of a ton such fraction shall be deemed
a quarter of a ton.
With respect to all articles except stone and timber, the weight shall
be determined accordin. to the usual avoirdupois weight.

With respect to stone and timber, 14 cubic feet of stone, 50 cubic feet
of China fir or Singapore cedar, and 40 feet of any other timber, shall
be deemed one toll weight, and so in proportlon for any smaller
quantity.

SCHEDULE C.

Fortn of Conviction.

Hongkong to writ.
Be it remembered that on the dav of
Our Lord 19

('4. B.)

in the year of
is convicted before (C.D.)
a Magistrate for the Colony of Hongkong.
[here describe the offence generally and the time and place when and wherc committed,'
contrary to the Tramway Ordinance, 1902.

Given under my hand and seal the day and year first above written.

C.D.
Short title. Interpretation. [cf.No.3 of 1901.] Construction and route of tramway. Plans. Power to lay single line where double line authorised,and to reconvert into double line. Power to widen bridges,etc. Power to make additional crossings,etc. Power to lay down seawater pipes. Position of Sections in road. Gauge of tramway. Power to break up roads. Completion of works,and rein-statement of road. Further provisions as to construction of tramway. Repair of roads on which tramway laid. Maintenance and level of rails. Roads to be watered. Temporary tramways may be made when necessary. Application of road materials excavated in construction of works. Protection of Departments and persons. Protection of sewers,etc. Protection of Government or telegraph cables or lines. Rights of Departments,etc.,to open roads. Differences between company and others (other than the Director of Public Works). Differences between company and Director of Public Works. Tramway not tobe opened until certified fit for traffic. Procedure when public not afforded full benefit or tramway. Procedure on non-compliance with order. Discontinuance of tramway. Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power. Construction of cars. Powers ot Authorities to inspect cars,etc. Penalty for using electric power contrary to Ordinance. Rules. Penalties may be imposed in rules. Wheels and width of cars. Power to sell. Power to lease. Power to mortgage. Rights of Government in military emergency. Fares,etc.,to be paid in such emergency. Postmen and policemen on duty and in uniform free. Traffic upon tramway. Company not bound to carry animals or goods. Royalties. Fares for passengers. Cheap fares for labouring classes. Separate car for Chinese third class passengers. If cars full,company not bound to carry. Passengers not to speak to driver. Passengers' luggage. Charges for animals and goods. Payment of fares and charges. On abandonment,road to be reinstated. Breach of provisions of Ordinance,etc. Further offences. Further offences. Power to temporarily seize offender. Penalty for bringing dangerous goods on tramway. Penalty for using tramway with flange-wheeled carriages,etc. Recovery of fares,etc. Distress. Application of penalties. Distress not unlawful for want of form. Fares,etc., to be sued for within 6 months. Power to summon witnesses. Form of conviction. Proceedings not to be quashed for want of form. Appeal. Cf.No.3 of 1890. Company to be responsible for all damage through its act or default. Right of useer of roads only acquired. Power to police to regulate traffic. Rights of public reserved. Reservation of rights of the Crown. Company not exempted from proceedings for nuisance.

Short title. Interpretation. [cf.No.3 of 1901.] Construction and route of tramway. Plans. Power to lay single line where double line authorised,and to reconvert into double line. Power to widen bridges,etc. Power to make additional crossings,etc. Power to lay down seawater pipes. Position of Sections in road. Gauge of tramway. Power to break up roads. Completion of works,and rein-statement of road. Further provisions as to construction of tramway. Repair of roads on which tramway laid. Maintenance and level of rails. Roads to be watered. Temporary tramways may be made when necessary. Application of road materials excavated in construction of works. Protection of Departments and persons. Protection of sewers,etc. Protection of Government or telegraph cables or lines. Rights of Departments,etc.,to open roads. Differences between company and others (other than the Director of Public Works). Differences between company and Director of Public Works. Tramway not tobe opened until certified fit for traffic. Procedure when public not afforded full benefit or tramway. Procedure on non-compliance with order. Discontinuance of tramway. Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power. Construction of cars. Powers ot Authorities to inspect cars,etc. Penalty for using electric power contrary to Ordinance. Rules. Penalties may be imposed in rules. Wheels and width of cars. Power to sell. Power to lease. Power to mortgage. Rights of Government in military emergency. Fares,etc.,to be paid in such emergency. Postmen and policemen on duty and in uniform free. Traffic upon tramway. Company not bound to carry animals or goods. Royalties. Fares for passengers. Cheap fares for labouring classes. Separate car for Chinese third class passengers. If cars full,company not bound to carry. Passengers not to speak to driver. Passengers' luggage. Charges for animals and goods. Payment of fares and charges. On abandonment,road to be reinstated. Breach of provisions of Ordinance,etc. Further offences. Further offences. Power to temporarily seize offender. Penalty for bringing dangerous goods on tramway. Penalty for using tramway with flange-wheeled carriages,etc. Recovery of fares,etc. Distress. Application of penalties. Distress not unlawful for want of form. Fares,etc., to be sued for within 6 months. Power to summon witnesses. Form of conviction. Proceedings not to be quashed for want of form. Appeal. Cf.No.3 of 1890. Company to be responsible for all damage through its act or default. Right of useer of roads only acquired. Power to police to regulate traffic. Rights of public reserved. Reservation of rights of the Crown. Company not exempted from proceedings for nuisance.

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1912

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