【法规名称】
【法规编号】 79112 什么是编号？
【正 文】
第7页 CAP 107 TRAMWAY ORDINANCE
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[接上页] Cap 107 s 23 Differences between company and others (other than the Director) Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 If any difference arises between the company on the one hand and any department or person (other than the Director) to whom any sewer, drain, tube, wires, standards, poles or apparatus for telegraphic, telephonic, electric lighting or other purposes may belong on the other hand, with respect to any interference or control exercised, or claimed to be exercised, by or on behalf of such department or person, or by the company by virtue of this Ordinance in relation to the tramway or works or in relation to any work or proceeding of such department or person, or with respect to the propriety of or the mode of execution of any work relating to the tramway, or with respect to the amount of any compensation to be made by or to the company, or on the question whether any work is such as ought reasonably to satisfy the department or person concerned, or with respect to any other subject or thing regulated by or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by a special case, or if there are any facts in dispute, by an action, and if any department is a party to such difference such special case may be stated by, or such action may be brought by or against, the chief officer in Hong Kong of such department in the title of his office without naming any individual person. (Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 21 of 1912 s. 5; 17 of 1913 s. 3; 62 of 1999 s. 3) Cap 107 s 24 Differences between company and Director If any difference arises between the company on the one hand and the Director on the other hand with respect to any interference or control exercised or claimed to be exercised by the company or the Director by virtue of this Ordinance in relation to the tramway or works, or in relation to any work or proceeding of the Director or with respect to the propriety of or the mode of execution of any work relating to the tramway, or with respect to the cost of the maintenance or repair of any road along or across which the tramway passes, or with respect to the amount of any compensation to be made by or to the company, or on the question whether any work is such as ought to satisfy the Director, or with respect to any other subject or thing regulated by or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by a special case, or if there are any facts in dispute, by an action. (Amended 17 of 1913 s.4) Cap 107 s 25 Tramway not to be opened until certified fit for traffic Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 Neither the tramway nor any portion thereof shall be opened for public traffic until the same has been certified to be fit for such traffic by the Director of Electrical and Mechanical Services or other officer, who must either be a civil or electrical or mechanical engineer, duly appointed in writing for that purpose by the Chief Executive in Council, and the Chief Executive in Council has, by notification in the Gazette, authorized the same to be opened for such traffic. (Amended 48 of 1962 s. 11; L.N. 76 of 1982; L.N. 298 of 1982; 62 of 1999 s. 3) Cap 107 s 26 Procedure when public not afforded full benefit of tramway Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 INSUFFICIENT USER OF TRAMWAY If it be represented in writing to the Chief Executive in Council by the Commissioner for Transport or by 20 inhabitant ratepayers that the public are not afforded the full benefit of the tramway, the Chief Executive in Council may (if satisfied that prima facie the case is one for inquiry) appoint an officer to inquire into the matter and to hold an inquiry and report thereon, and if the truth of the representation be proved, the Chief Executive in Council may issue an order to the company requiring it to provide such a service of cars as will afford to the public the full benefit of the tramway, and such order may prescribe the number of cars which the company shall run upon the tramway and the mode and times in and at which such cars shall be run. Every such order shall be served upon the company within 48 hours after it has been made, and shall be published in the Gazette next following the making thereof: Provided that the Chief Executive in Council shall, before issuing any such order, be satisfied that under good and economical management the prescribed service will be fairly remunerative to the company; and that, after the company has complied with such order for not less than 30 days, the Chief Executive in Council may on the application of the company revoke or modify any such order. (Amended 50 of 1911; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 33 of 1939 Schedule; 30 of 1967 Schedule; 62 of 1999 s. 3) |
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