【法规名称】
【法规编号】 79112 什么是编号？
【正 文】
第8页 CAP 107 TRAMWAY ORDINANCE
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[接上页] Cap 107 s 27 Procedure on non-compliance with order If for the period of three months after the service of such order the company fails or neglects to comply therewith, the tramway shall be deemed to be a tramway to which all the provisions of this Ordinance relating to the discontinuance of the tramway after proof of such discontinuance shall apply, and it may be dealt with accordingly. (Amended 50 of 1911; 1 of 1912 Schedule; 33 of 1939 Schedule) Cap 107 s 28 Discontinuance of tramway Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 DISCONTINUANCE OF TRAMWAY If the company discontinues the working of the tramway or of any part thereof for the space of 6 months (such discontinuance not being occasioned by circumstances beyond the control of the company, for which purpose the want of sufficient funds shall not be considered a circumstance beyond its control) and such discontinuance is proved to the satisfaction of the Chief Executive in Council, the Chief Executive in Council may by order declare that the powers of the company in respect of the tramway or the part thereof so discontinued shall from the date of such order be at an end, and thereupon the powers of the company shall cease and determine, unless the same are purchased by the Government in manner by this Ordinance provided. Where any such order has been made the Director may, at any time after the expiration of 2 months from the date of such order, under the authority of a certificate to that effect of the Chief Executive in Council, remove the tramway or part of the tramway so discontinued, and the company shall pay to the Director the cost of such removal and of the making good of the road by the Director, such cost to be certified by him, and his certificate shall be final and conclusive, and if the company fails to pay the amount so certified within 2 months after delivery to it of such certificate or a true copy thereof, the Director may (without any previous notice to the company but without prejudice to any other remedy which he may have for the recovery of the amount) sell and dispose of the materials of the tramway or part of the tramway removed, either by public auction or private contract and for such sum and to such person as he may think fit, and may out of the proceeds of such sale reimburse himself the amount of the cost certified as aforesaid and of the cost of sale, and the balance, if any, of the proceeds of sale shall be paid to the company. (Amended 50 of 1911 s. 4; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 21 of 1912 s. 5; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 62 of 1999 s. 3) Cap 107 s 29 Proceedings in case of insolvency of company Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 INSOLVENCY OF COMPANY If it appears to the Chief Executive in Council that the company is insolvent, so that it is unable to maintain the tramway or work the same with advantage to the public, the Chief Executive in Council may inquire into the financial affairs of the company, and if satisfied that the company is so insolvent as aforesaid, may by order declare that the powers of the company shall, at the expiration of 6 months from the making of the order, be at an end, and the powers of the company shall cease and determine at the expiration of the said period unless the same are purchased by the Government in manner by this Ordinance provided, and thereupon the Director may remove the tramway in like manner and subject to the same provisions as to the payment of the costs of such removal and to the same remedy for recovery of such costs in every respect as in cases of removal under section 28. (Amended 50 of 1911; 1 of 1912 Schedule; 43 of 1912; G.N. 246 of 1913 Supp. Schedule; 5 of 1924 s. 8; 62 of 1999 s. 3) Cap 107 s 30 Purchase by Government of tramway Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 PURCHASE OF TRAMWAY The Chief Executive in Council may at the expiration of 50 years from 23 May 1902, or at the expiration of any subsequent period of 5 years, or at the expiration of 3 months after the making of any order under section 28 or 29, of giving to the company a notice in writing in manner following- (Amended 50 of 1911; 1 of 1912 Schedule; 5 of 1924 s. 8; 33 of 1939 Schedule) (a) at least 6 months' notice prior to the expiration of such 50 years; (b) at least 6 months' notice prior to the expiration of any such subsequent period of 5 years; (c) at least 2 months' notice prior to the expiration of such 3 months, require the company to sell and thereupon the company shall sell to the Government its undertaking, and all lands, buildings, works, materials and plant of the company suitable to and used by the company for the purposes of its undertaking, for and in consideration of the then value of the same: Provided that the value aforesaid shall be deemed to be the fair value at the time of the purchase, due regard being had to the cost of construction less depreciation, and to the then nature, condition and state of repair of the buildings, works, materials and plant, and to the fact that they are in such a condition and state of repair as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking, but without any addition in respect of compulsory purchase, or of goodwill, or of any profits which might have been made from the undertaking, or of any similar considerations. In case of difference such value as aforesaid shall be determined by a special case. When any such sale has been made and completed all the rights, powers and authorities of the company in respect of the premises sold, or where any order has been made by the Chief Executive in Council under section 28 or 29 all the rights, powers and authorities of the company previous to the making of such order in respect of the premises sold, shall be transferred to and vested in and may be exercised by the Government. (Amended 50 of 1911; 1 of 1912 Schedule; 5 of 1924 s. 8; 62 of 1999 s. 3) |
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