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To authorize the construction of a tramway. (Amended 50 of 1911; 1 of 1912 Schedule) [23 May 1902] (Originally 10 of 1902 (Cap 107 1950)) Cap 107 s 1 Short title This Ordinance may be cited as the Tramway Ordinance. (Amended 5 of 1924 s.6) Cap 107 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 In this Ordinance, unless the context otherwise requires- (Amended 51 of 1911; 2 of 1912 Schedule) "car" (电车厢) includes all cars and trucks used upon the tramway; (Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule) "company" (公司) means Hong Kong Tramways Limited; (Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939 Schedule) "court" (法院) means the Court of First Instance; (Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 92 of 1975 s. 59; 62 of 1999 s. 3) "department" (部门) includes The Ministry of Defence (The Navy Department), The Ministry of Defence (The Army Department), and the Hong Kong Government; (Amended 50 of 1911; 51 of 1911 s. 4; 1 of 1912 Schedule; 2 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule) "Director" (署长) means the Director of Highways; (Added 20 of 1948 s. 4. Amended L.N. 76 of 1982; L.N. 127 of 1986) "road" (道路) means any roadway over which the tramway passes, and the roadway of any bridge forming part of or leading to the same; (Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939 Schedule) "special case" (特别案件呈述) means a special case stated for the opinion of the court under the provisions of any enactment relating to civil procedure; (Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 20 of 1948 s. 4) "works" (工程、工程设施) or "undertaking" (业务) means the works or undertaking of whatever nature herein authorized to be executed. (Amended 50 of 1911 s. 4; 51 of 1911; 2 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule) (Amended 50 of 1911; 1 of 1912 Schedule; 9 of 1950 Schedule; 62 of 1999 s. 3) Cap 107 s 3 Construction and route of tramway Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 CONSTRUCTION OF TRAMWAY (1) The company may construct, lay down and maintain the tramway authorized by this Ordinance, with all proper electric generating stations, crossings, passing places, sidings, junctions, rails, turntables, plates, offices, weigh-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. (2) The tramway authorized by this Ordinance is the tramway delineated on a plan or set of plans deposited with the Director and signed by him and on behalf of the company and dated 1 March 1950, together with such additions, extensions and amendments as may be approved by the Chief Executive in Council or otherwise pursuant to this section or section 4 or 15 or such other plan or set of plans as may be approved by the Chief Executive in Council and deposited with the Director similarly signed. (Amended 48 of 1962 s. 2(a)) (3) The company may construct, lay down and maintain the said tramway in such other positions along the lines of route shown on the said plan or set of plans as the Chief Executive in Council may approve. (4) The company may construct, lay down and maintain as additions to or as extensions of such tramway all such lines, crossings, passing places, sidings, junctions, turntables and other works as the Chief Executive in Council may approve, subject however to the following conditions- (a) plans thereof shall previously be deposited in the office of the Director; (b) the company shall give timely and adequate notification by public advertisement or otherwise of their intention to apply for such approval; (c) such approval shall require confirmation by a resolution of the Legislative Council. (Replaced 9 of 1950 Schedule. Amended 48 of 1962 s. 2(b); 62 of 1999 s. 3) Cap 107 s 4 Power to lay single line where double line authorized, and to reconvert into double line Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 Where a double line of tramway is hereby authorized to be laid down and has been constructed, it shall be lawful for the company, with the consent of the Chief Executive 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 authorized to be laid down. (Amended 62 of 1999 s. 3) Cap 107 s 5 Power to widen bridges, etc. Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 Subject to the approval of the Chief Executive in Council, the company may, in the construction of the tramway at its own expense alter the level of and widen any bridge, road, street or space along or over which the tramway is hereby authorized to be laid down, and make and construct all necessary cuttings and embankments, bridges, viaducts, culverts, catch-water drains and other works, and divert streams: |