【法规名称】
【法规编号】 79112 什么是编号？
【正 文】
第2页 CAP 107 TRAMWAY ORDINANCE
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[接上页] Provided that the earth excavated and thrown to waste is disposed of to the satisfaction of the Director, and in such manner as to prevent its being washed by rain into the harbour. (Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 20 of 1948 s. 4; 62 of 1999 s. 3) Cap 107 s 6 Attachment Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The company may with the consent of the owner of any house or building attach thereto such brackets, rosettes, wires and apparatus as may be required for the efficient working of the tramway. (2) Where the company is unable to obtain such consent and is of the opinion that such consent is being unreasonably withheld, the company may apply to the Director, on notice to the owner, for a certificate that the attachment is essential to the efficient working of the tramway and the Director, if he is satisfied that the attachment is so essential, shall issue to the company a certificate under his hand to that effect. (3) The company may serve on the owner a copy of such certificate and a copy of this section and, on the expiry of one month from the date of such service, if there shall be no appeal in accordance with the provisions of subsection (4), the company may enter upon the premises at any reasonable time, during the hours of daylight and make such attachment, subject nevertheless to the payment to the owner of such compensation as may be agreed between the company and the owner, or, in default of agreement, such compensation as may be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap 341). (4) If an owner is aggrieved by the issue of a certificate in accordance with the provisions of subsection (2), he may, at any time during such period of one month as is referred to in subsection (3) on notice to the company, appeal by petition to the Chief Executive in Council and on such appeal, the Chief Executive in Council, after hearing the Director, may confirm or revoke such certificate. (Amended 62 of 1999 s. 3) (5) No consent of an owner, decision of the Director or compensation payable in accordance with the provisions of subsection (3) shall have effect after that owner ceases to be the owner of the house or building in question but no attachments fixed under the provisions of this section shall be removed other than by or with the consent of the company until the expiration of 3 months after any subsequent owner has given to the company notice in writing requiring the attachments to be removed and where such notice is given the provisions of subsections (3) and (4) shall apply as if such owner has unreasonably withheld his consent in the first instance. (6) An owner may require the company to remove temporarily the attachments where necessary during any reconstruction or repair to his house or building. (7) For the purpose of this section, "owner" (拥有人) means the person whose name is registered in the Land Registry as the owner or holder of the land on which the house or building in question is built and any registered mortgagee of such land. (Amended 8 of 1993 s. 2) (Added 48 of 1962 s. 3) Cap 107 s 7 Electricity The company may generate and use electricity for the purposes of lighting its own buildings, erections and premises and for any other purposes of its own. (Replaced 9 of 1950 Schedule) Cap 107 s 8 Power to lay down sea water pipes Subject to the approval of the Director as to the method and position of laying down, the company may lay down under any public roadway, street or space pipes from any of its 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, for the return of the surplus sea water into the sea. (Amended 50 of 1911; 1 of 1912 Schedule) Cap 107 s 9 Gauge of tramway The tramway shall be constructed on a gauge of not less than 1 m in width, and with steel rails which shall, before being laid down, be approved by the Director any shall be laid and maintained in such manner that the uppermost surface thereof shall be on a level with the surface of the road. (Amended 33 of 1939 Schedule; L.N. 156 of 1977) Cap 107 s 10 Power to break up roads The company for the purpose of making, forming, laying down, maintaining, renewing, altering, adding to or removing the tramway or any part thereof respectively, may open and break up any road subject to the following regulations- (Amended 50 of 1911 s.4; 1 of 1912 Schedule; 20 of 1948 s.4) (a) it shall give to the Director notice of its intention, specifying the time at which it will begin to do so, and the portion of road proposed to be opened or broken up, such notice to be given seven days at least before the commencement of the work: Provided that the Director, if he is satisfied that it is not practical owing to the urgency of the work for the company to give such notice, may permit the company to give such lesser period of notice as he may consider practicable; (Added 48 of 1962 s.4) (b) it 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. |
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