Hong Kong Ordinances

PEAK TRAMWAY ORDINANCE - SECT 11

Purchase by Government of tramway

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 62 of 1999 s. 3

(1) The Chief Executive in Council may, within 3 months after any order made
by the Chief Executive in Council under section 9 or 10, by notice in writing
require the company to sell, and thereupon the company shall sell, to the
Government its undertaking on the terms of paying the then value (exclusive of
any allowance for past or future profits of the undertaking or any
compensation for compulsory sale or other consideration whatsoever) of the
tramway, and all lands, buildings, works, materials, and plant, suitable to
and used for the purposes of its undertaking, such value to be, in cases of
difference, determined upon petition to the court in a summary way: Provided
that, if on any such land the company shall have erected any building, or any
portion of a building, for purposes other than its undertaking, such land and
the whole of such building shall be deemed to be included in the undertaking
unless the Chief Executive in Council by notice in writing declares that such
land and building shall be excluded from the sale. (Amended 50 of 1911; 51 of
1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 17 of 1935 s.
2; 20 of 1948 s. 4; 57 of 1986 s. 5)

(2) When any such sale has been made, all the rights, powers, and authorities
of the company in respect of the undertaking sold, or, where any order has
been made by the Chief Executive in Council under section 9 or 10, all the
rights, powers, and authorities of the company previous to the making of such
order in respect of the undertaking sold, shall be transferred to, vested in,
and may be exercised by the Government. (Amended 5 of 1924 s. 8) (Amended 8 of
1912 s. 25; 20 of 1948 s. 4; 62 of 1999 s. 3)