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[接上页] Provided that, if on any such land the company shall have erected any building, or any portion of a building, for purposes other than its undertaking, such land and the whole of such building shall be deemed to be included in the undertaking unless the Chief Executive in Council by notice in writing declares that such land and building shall be excluded from the sale. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 17 of 1935 s. 2; 20 of 1948 s. 4; 57 of 1986 s. 5) (2) When any such sale has been made, all the rights, powers, and authorities of the company in respect of the undertaking sold, or, where any order has been made by the Chief Executive in Council under section 9 or 10, all the rights, powers, and authorities of the company previous to the making of such order in respect of the undertaking sold, shall be transferred to, vested in, and may be exercised by the Government. (Amended 5 of 1924 s. 8) (Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 62 of 1999 s. 3) Cap 265 s 12 Motive power, etc. The tramcars, motive power, machinery, and apparatus of any kind whatsoever, used on or for the tramway shall be subject to the approval of the Secretary for the Environment, Transport and Works, and no tramcar, motive power, machinery, or apparatus, which has been disapproved by the Secretary for the Environment, Transport and Works shall be used on or for the tramway. (Replaced 10 of 1926 s. 3. Amended 20 of 1948 s. 4; 26 of 1989 ss. 7, 9 & 10; L.N. 106 of 2002) Cap 265 s 13 Construction of tramcars Every tramcar 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 tramcar, and their protection from the machinery used for drawing or propelling such tramcar. (Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 9) Cap 265 s 14 Design and construction The design and construction of the tramway shall be in accordance with any Code of Practice issued from time to time under section 14A and shall have regard to the safety of all persons using, operating or being in the vicinity of the tramway. (Replaced 26 of 1989 s. 4) Cap 265 s 14A Code of Practice in relation to design The Director of Electrical and Mechanical Services may issue from time to time a Code of Practice dealing with the design and construction of the tramway and notify the issue thereof in the Gazette. (Added 26 of 1989 s. 4) Cap 265 s 14B Appointment of inspectors (1) The Secretary for the Environment, Transport and Works may in writing appoint any person to be an inspector for the purposes of this section and section 14C. (Amended L.N. 106 of 2002) (2) An inspector who is not a public officer may be paid, as a fee for his services, such amount as the Financial Secretary thinks fit. (3) The powers conferred by section 14C or by regulations made under section 15 shall be exercised by an inspector only- (a) for the purpose of testing and examining the tramway following the carrying out of work thereon; or (b) for the purpose of ensuring the safety of the tramway or any part thereof; or (c) where an inspector is directed to investigate an accident on any part of the tramway under such regulations, for the purpose of carrying out such investigation.(4) Where an inspector exercises any power under this Ordinance, he shall produce evidence of his identity, and of his appointment, to any person who requests him to do so. (5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers under this Ordinance. (Added 26 of 1989 s. 4) Cap 265 s 14C General powers of inspectors (1) An inspector may at all reasonable times- (a) enter upon premises to which this subsection applies; (b) carry out on premises to which this subsection applies, or on any machinery, plant or equipment thereon, such tests and inspections as he considers necessary in the exercise of his powers under section 14B(3); (c) require any person to whom this subsection applies- (i) to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection carried out under section 14B(3) or paragraph (b) of this subsection; (ii) to provide the inspector with such information relating to the tramway or any machinery, plant or equipment connected with the tramway as the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose;(d) make copies of any document produced to him pursuant to paragraph (c)(ii).(2) Subsection (1) applies to- (a) the tramway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the tramway; and (b) any employee of the company, any contractor or subcontractor mentioned in paragraph (a) and any employee of such a contractor or subcontractor.(3) Any person who- (a) without lawful excuse, fails to comply with a requirement made under subsection (1)(c); |