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[接上页] (Replaced 48 of 1962 s. 18) Cap 107 s 40 Wheels and width of cars WHEELS AND WIDTH OF CARS The company may use on the tramway cars with flange-wheels or wheels suitable only to run on the rails of the tramway and, subject to this Ordinance, the company shall have the exclusive use of the tramway for cars with flange-wheels or other wheel suitable only to run on the said rails, and no car used on the tramway shall exceed 2 m in width exclusive of any driver's observation mirror. (Amended 48 of 1962 s.19; L.N. 156 of 1977) Cap 107 s 41 Power to sell Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 POWER TO SELL Subject to the approval of the Chief Executive in Council, the company may sell or assign the whole of its undertaking to such person, by public auction or private contract or partly by public auction and partly by private contract, and with, under and subject to such terms and conditions in all respects, as the company thinks fit, with power at any such sale to fix a reserve price for or buy in the same; and when any such sale or assignment has been made and completed all the rights, powers, authorities, obligations and liabilities of the company in respect of the undertaking shall be transferred to, vested in and may be exercised by and shall attach to the person to whom the same have been sold or assigned, in like manner as if the undertaking had been constructed by such person under the powers conferred upon him by this Ordinance, and in reference to the same 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 thereunder: Provided that the company may at any time sell or assign any land, machinery, property, chattel or effect which is not required for the efficient maintenance and working of its undertaking. (Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 22 of 1912; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939 Schedule; 62 of 1999 s. 3) Cap 107 s 42 Power to lease Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 POWER TO LEASE Subject to the approval of the Chief Executive in Council, the company may demise or let the whole of its undertaking to such person, for such term of years or from year to year or for any less period, and for such rent and upon such terms and conditions in all respects, as the company thinks fit, to take effect either in possession or at some 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 order or rules made thereunder: Provided that the company may at any time demise or let any land, machinery, property, chattel or effect which is not required for the efficient maintenance and working of its undertaking. (Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 43 of 1912 Supp. Schedule; G.N. 246 of 1913; 33 of 1939 Schedule; 62 of 1999 s. 3) Cap 107 s 43 Power to mortgage Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 POWER TO MORTGAGE Subject to the approval of the Chief Executive 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 of demise by way of mortgage all its lands, messuages or tenements, erections, buildings, works, rolling stock, plant, machinery, chattels and effects, to any person, and to enter into all such covenants, provisos, declarations and agreements as the company thinks fit or proper, and any mortgagee in possession shall be subject in all respects to the provisions of this Ordinance and to any order or rules made thereunder. (Amended 50 of 1911; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939 Schedule; 62 of 1999 s. 3) Cap 107 s 44 Rights of Government in military emergency Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 RIGHTS OF GOVERNMENT The Chief Executive 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 company, when practicable, 3 clear days' notice before each occasion of such user. (Amended 50 of 1911; 1 of 1912 Schedule; 33 of 1939 Schedule; 62 of 1999 s. 3) Cap 107 s 45 Fares, etc., to be paid in such emergency Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 The Chief Executive in Council shall direct the payment to the company for such user as aforesaid of such fares and charges as may be agreed on, or if no agreement be come to, then the amount of the fares and charges to be paid shall be determined upon a special case. (Amended 33 of 1939 Schedule; 62 of 1999 s. 3) Cap 107 s 46 (Repealed 7 of 1972 s. 2) |