| To authorize the construction of the Peak Tramway. (Amended 8 of 1912 s. 25) [3 November 1883] (Originally 6 of 1883 (Cap 304 1950 Ed.)) Cap 265 s 1 Short title This Ordinance may be cited as the Peak Tramway Ordinance. (Amended 8 of 1912 s. 25; 5 of 1924 s. 6) Cap 265 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "company" (公司) means the Peak Tramways Company Limited; (Amended 10 of 1926 s. 2) "tramway" (车轨道、车) includes cars and trucks used upon the tramway; (Added 26 of 1989 s. 2) "works" or "undertaking" (工程、工程设施或业务) means the works or undertaking of whatever nature which by this Ordinance are or is authorized to be executed. (Amended 20 of 1948 s. 4) (Amended 26 of 1990 s. 2) Cap 265 s 2A Right to run and operate the tramway Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Upon the payment to the Government by the company of a non-refundable premium of $2790000 within 14 days after the commencement of the Peak Tramway (Amendment) Ordinance 1986 (57 of 1986), the company shall have the right to run and operate the tramway authorized by this Ordinance, along the route specified in section 3, for a period of 10 years commencing on 1 January 1984. (2) The Secretary for Transport shall- (a) if within 2 years after the commencement of the Peak Tramway (Amendment) Ordinance 1986 (57 of 1986) there is produced to him evidence of a commitment by the company to the carrying out of approved works for the modernization and improvement of the tramway and ancillary equipment; and (b) if such commitment is of a kind and in a form satisfactory to him,by notice in the Gazette grant to the company the right referred to in subsection (1) for a further period of 10 years commencing immediately after the expiration of the first such period. (3) For the purposes of subsection (2) "approved works" (获批准的工程) means works approved by the Secretary for Transport. (4) The right conferred by subsections (1) and (2) shall be subject to this Ordinance. (5) The company may, not less than 1 year before the expiry of any further period for which the right to run and operate the tramway is granted under subsection (2), by notice in writing to the Secretary for Transport request an extension of the period. (Added 27 of 1992 s. 2) (6) The Chief Executive in Council may grant an extension pursuant to a request submitted under subsection (5) for a further period not exceeding 10 years on such terms as may be agreed between the company and the Government. (Added 27 of 1992 s. 2. Amended 62 of 1999 s. 3) (Added 57 of 1986 s. 2) Cap 265 s 3 Power to construct and work certain tramways (1) The company may construct and maintain, subject to the provisions of this Ordinance and in accordance with the plan which has been deposited as hereinafter mentioned, the tramway hereinafter described, with all structures, equipment, works, and conveniences connected therewith or for the purposes thereof, and may work and use the same. (Amended 51 of 1911; 63 of 1911 Schedule; 8 of 1912 s. 25; 27 of 1992 s. 3) (2) The tramway authorized by this Ordinance is a partly single and partly double line, commencing from the southwest boundary of Inland Lot 7977, thence passing in a southerly direction up the hillside, crossing over Kennedy Road by means of a bridge and under Macdonnell Road, Magazine Gap Road and May Road Bridges to the terminus at Victoria Gap terminating on the boundary of Rural Building Lots 768, 762 and 858, as shown on plan No. MH2528b dated 23 September 1985 deposited in the Land Registry, Victoria and signed on behalf of the Director of Lands and on behalf of the company: Provided that such alteration as the company thinks fit may be made to the position of the rail-tracks of the tramway as shown on the said plan so long as they are within the limits of deviation shown on the said plan. (Replaced 57 of 1986 s. 3. Amended 8 of 1993 s. 2) Cap 265 s 4 Power to alter levels of ground etc. Subject to the approval of the Secretary for the Environment, Transport and Works, the company may alter the levels of the ground on which the tramway is laid, make and construct all necessary cuttings and embankments, bridges, viaducts, culverts, catch-water drains, and other works, and divert streams: Provided that the earth excavated and thrown to waste is disposed of in such manner as to prevent its being washed down by rain into the harbour. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 26 of 1989 s. 7; L.N. 106 of 2002) Cap 265 s 5 Power to make additional structures, equipment, etc. Subject to the approval of the Secretary for the Environment, Transport and Works, after timely and adequate notification by public advertisement or otherwise of the intention of the company to apply for such approval, the company may construct and maintain, subject to the provisions of this Ordinance and in accordance with plans to be previously deposited with the Secretary for the Environment, Transport and Works, all such structures, equipment, and other works in addition to those particularly specified in and authorized by this Ordinance as may be approved by the Secretary for the Environment, Transport and Works, and may work and use the same. |
