【法规名称】
【法规编号】 68913 什么是编号？
【正 文】
第3页 CAP 265 PEAK TRAMWAY ORDINANCE
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[接上页] (7) No claim for compensation under subsection (5) shall be brought after the expiration of 3 years from the date on which the injury on which the claim is founded was suffered. (8) For the avoidance of doubt it is hereby declared that this section applies to the Crown. (Added 27 of 1992 s. 5) Cap 265 s 8 Settlement of differences between company and Director If any difference arises between the company and the Secretary for the Environment, Transport and Works with respect to any interference or control exercised or claimed to be exercised by the company or the Secretary for the Environment, Transport and Works, by virtue of this Ordinance, in relation to the tramway or any work, or in relation to any work or proceeding of the Secretary for the Environment, Transport and Works, or with respect to the propriety or the mode of execution of any work relating to the tramway, or on the question whether any work is such as ought to satisfy the Secretary for the Environment, Transport and 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 the Chief Executive in Council, on the application of either party. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8; 62 of 1999 s. 3; L.N. 106 of 2002) Cap 265 s 9 Discontinuance of tramway by company (1) If the company discontinues the working of the tramway or of any part thereof for the space of 6 months, (such discontinuance not being occasioned by circumstances beyond the control of the company, the want of sufficient funds not being considered a circumstance beyond its control), the Chief Executive in Council may, by order, declare that the powers of the company in respect of such tramway, or the part thereof so discontinued, shall, from the date of such order, be at an end, and thereupon the said powers of the company shall cease and determine, unless the tramway is purchased by the Government in the manner provided by this Ordinance. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 62 of 1999 s. 3) (2) Where any such order has been made, the Secretary for the Environment, Transport and Works may, at any time after the expiration of 2 months from the date of such order, under the authority of a certificate to that effect, remove the tramway or part of the tramway so discontinued, and the company shall pay the cost of such removal which shall be certified by the Secretary for the Environment, Transport and Works, and the certificate shall be final and conclusive. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 20 of 1948 s. 4) (3) If the company fails to pay the amount so certified within 2 months after delivery of such certificate or a true copy thereof, the Secretary for the Environment, Transport and Works may, without previous notice to the company (but without prejudice to any other remedy which he may have for the recovery of the amount), sell and dispose of the materials so removed, either by public auction or private sale, and for such sum and to such person as he may think fit, and may, out of the proceeds of such sale, reimburse himself the amount of the cost certified as aforesaid and of the cost of sale, and the balance, if any, shall be paid to the company. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8) (Amended L.N. 106 of 2002) Cap 265 s 10 Proceedings in case of insolvency of company If it appears to the Chief Executive in Council that the company is insolvent, so that it is unable to maintain such tramway or work the same with advantage to the public, the Chief Executive in Council may inquire into the financial affairs of the company, and if it appears that the company is so insolvent as aforesaid, he may, by order, declare that the powers of the company shall, at the expiration of 6 months from the making of the order, be at an end, and the powers of the company shall cease and determine at the expiration of the said period, unless the tramway is purchased by the Government in the manner provided by this Ordinance; and thereupon the Secretary for the Environment, Transport and Works may remove the tramway in like manner and subject to the same provisions as to the payment of the cost of such removal, and to the same remedy for recovery of such cost, in every respect as in cases of removal under section 9. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 5 of 1924 s. 8; 20 of 1948 s. 4; 26 of 1989 s. 8; 62 of 1999 s. 3; L.N. 106 of 2002) Cap 265 s 11 Purchase by Government of tramway Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive in Council may, within 3 months after any order made by the Chief Executive in Council under section 9 or 10, by notice in writing require the company to sell, and thereupon the company shall sell, to the Government its undertaking on the terms of paying the then value (exclusive of any allowance for past or future profits of the undertaking or any compensation for compulsory sale or other consideration whatsoever) of the tramway, and all lands, buildings, works, materials, and plant, suitable to and used for the purposes of its undertaking, such value to be, in cases of difference, determined upon petition to the court in a summary way: |
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