【法规名称】
【法规编号】 79112 什么是编号？
【正 文】
第4页 CAP 107 TRAMWAY ORDINANCE
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[接上页] (5) The Chief Executive in Council, after considering such application and every objection thereto and submission thereon by the company, may order that the company shall carry out such work as is described in the notice, within such period as is stipulated in such order. (6) If the company fails to comply with the provisions of any such order within such period as is stipulated therein or such greater period as may be allowed by the Chief Executive in Council the company shall be guilty of an offence and shall be liable on summary conviction to a fine of $1000 and to a continuing penalty of $250 for every day, after the date of expiry of such period as was stipulated in the order or such greater period as may have been allowed by the Chief Executive in Council, during which the company has not complied with the provisions of such order. (7) Notwithstanding the provisions of this section, the Director may authorize the company to carry out such alterations to the level or line of any track as the Director may consider to be necessary or desirable and to be minor alterations or realignments, emergency measures or temporary provision. (Added 48 of 1962 s. 9. Amended 62 of 1999 s. 3) Cap 107 s 16 Payment for works Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) When the company has carried out, to the satisfaction of the Director, such work as is the subject of an order made in accordance with the provisions of section 15(5) or a notice given in accordance with the provisions of section 17, the company, subject to the provisions of this section, shall be entitled to be paid, out of the general revenue of Hong Kong, the reasonable cost of carrying out such work. (Amended 62 of 1999 s. 3) (2) If- (a) the work includes the renewal or replacement of apparatus of the company so that the company derives a benefit from the life of new apparatus being longer than the life of the apparatus so renewed or replaced; or (b) by reason of the carrying out of such work the company has received or will receive any other benefit by way of greater efficiency of the running of the tramway system, reduction of wear on cars or tram rails or any other part of the apparatus of the company or by any other way, the amount to be paid to the company shall be reduced by the amount or value of any such benefit. (3) If by reason of the carrying out of such work the company has been or will be put to any greater expense or loss by way of lesser efficiency of the running of the tramway system or increase of wear on cars or tram rails or any other part of the apparatus of the company, the amount to be paid to the company shall be increased by the amount or value of any such additional expense or loss. (4) The amount to be paid to the company shall be such amount as may be agreed between the Director and the company as the reasonable cost of the carrying out of such work, after deduction therefrom and addition thereto of such amounts as may be so agreed as representing the amount or value of such benefits and expenses and losses as are referred to respectively in subsections (2) and (3), or in default of agreement such amount as shall be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap 341). (5) The Director may make payments on account whilst any such work is in progress but such payments on account shall not exceed in total four-fifths of the Director's estimate of the value of work done to the date of each such payment. (Added 48 of 1962 s. 9) Cap 107 s 17 Temporary tramways may be made when necessary Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 Where by reason of the execution of any work affecting the surface or soil of any road along which the tramway is laid, it is in the opinion of the Director necessary or expedient temporarily to remove or discontinue the use of such tramway or any part thereof, the Director shall, before such tramway or any part thereof is temporarily removed or the use thereof discontinued, give to the company one month's notice at least of the necessity or expediency of such temporary removal or discontinuance, and immediately on receipt of any such notice the company may, subject to such conditions and rules as the Chief Executive in Council may make, construct in the same or any adjacent road and, subject as aforesaid, maintain so long as necessary a temporary tramway in lieu of the tramway or part thereof so removed or discontinued, and the provisions of section 13 shall apply until the removal of the temporary tramway. (Amended 50 of 1911 s. 4; 33 of 1939 Schedule; 48 of 1962 s. 10; 62 of 1999 s. 3) Cap 107 s 18 Application of road materials excavated in construction of works Any paving, metalling or material excavated by the company in the construction of its works from any road under the control of the Director may be applied by the company, so far as may be necessary, in or towards the reinstating of such road, provided such paving, metalling or material is in the opinion of the Director fit and proper to be used for such purpose, and all surplus paving, metalling or material not so used shall be the property of the company, and shall be removed by the company with all reasonable diligence. |
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