### Peak Tramway Ordinance 《山頂纜車條例》

11C. Mandatory sale of essential equipment
(1) The Chief Executive in Council may order the person (vendor) who owns an essential equipment to sell the equipment to a party (purchaser) designated by the Chief Executive in Council.
(2) The power under subsection (1) must not be exercised unless the Chief Executive in Council is satisfied that there is a substantial risk that the operation of the tramway will be disrupted if the power is not exercised.
(3) An order made under subsection (1) may contain directions that are reasonably required for ensuring compliance with subsection (9).
(4) Subject to this Ordinance, the terms of the sale are to be agreed between the vendor and the purchaser.
(5) If an order is made under subsection (1), the purchaser may, on the expiry or termination of the period of the operating right during which the order is made, take possession of the essential equipment for the purposes of operating the tramway in accordance with—
(a) this Ordinance; and
(b) the terms of the operating right granted to the purchaser under section 2B(1) or (5).
(6) Subsection (5) applies whether or not any term of the sale has yet to be agreed on.
(7) An order made under subsection (1) may, on an application by the Secretary to the Court of First Instance, be enforced by an order of the Court as if it were a judgment or order of the Court.
(8) The purchaser must pay a sum to the vendor for the essential equipment of an amount equal to the prevailing real value of the equipment to be assessed as at—
(a) the date on which the ownership of the equipment is transferred from the vendor to the purchaser; or
(b) the date on which the purchaser takes possession of the equipment,
whichever is earlier.
(9) The vendor must ensure that when the purchaser takes possession of the essential equipment, the equipment is in a condition that is suitable for operating the tramway in accordance with—
(a) this Ordinance; and
(b) the terms referred to in section 2B(1)(a) or (5)(a) that apply when the order is made.
(10) In this section—
essential equipment (必要設備) means any tramcar, motive power, works, plant, machinery, apparatus or article that is considered by the Chief Executive in Council to be essential to operating the tramway.
(Added 16 of 2015 s. 15)

### Peak Tramway Ordinance 《山頂纜車條例》

11D. Resolution of disagreement over terms of lease or sale
(1) This section applies if— 
(a) the lessor and the lessee under a lease effected because of an order under section 11B(1) fail to agree on the rent payable under section 11B(10) or any other term of the lease; or
(b) the vendor and the purchaser under a sale effected because of an order under section 11C(1) fail to agree on the sum payable under section 11C(8) or any other term of the sale.
(2) The matter that is not agreed on must be determined—
(a) if the lessor and the lessee agree, or the vendor and the purchaser agree, to resolve the matter by arbitration—by arbitration under the Arbitration Ordinance (Cap. 609); or
(b) if there is no agreement for resolving the matter by arbitration—by the Lands Tribunal.
(3) For an arbitration under subsection (2)(a)—
(a) the lessor and the lessee, or the vendor and the purchaser, are regarded as having made an arbitration agreement within the meaning of the Arbitration Ordinance (Cap. 609); and
(b) the terms of the agreement are regarded as including a provision that the matter is to be determined by a single arbitrator or such number of arbitrators as the lessor and the lessee, or the vendor and the purchaser, may agree.
(Added 16 of 2015 s. 15)

12. Motive power, etc.
The tramcars, motive power, machinery, and apparatus of any kind whatsoever, used on or for the tramway shall be subject to the approval of the Secretary, and no tramcar, motive power, machinery, or apparatus, which has been disapproved by the Secretary shall be used on or for the tramway.
(Replaced 10 of 1926 s. 3. Amended 20 of 1948 s. 4; 26 of 1989 ss. 7, 9 & 10; L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 16)

13. Construction of tramcars
Every tramcar used on the tramway shall be so constructed as to provide for the safety of passengers and for their safe entrance to and exit from, and accommodation in such tramcar, and their protection from the machinery used for drawing or propelling such tramcar.
(Amended 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 9)

### Peak Tramway Ordinance 《山頂纜車條例》

14. Design and construction
The design and construction of the tramway shall be in accordance with any Code of Practice issued from time to time under section 14A and shall have regard to the safety of all persons using, operating or being in the vicinity of the tramway.
(Replaced 26 of 1989 s. 4)

14A. Code of Practice in relation to design
The Director of Electrical and Mechanical Services may issue from time to time a Code of Practice dealing with the design and construction of the tramway and notify the issue thereof in the Gazette.
(Added 26 of 1989 s. 4)

14B. Appointment of inspectors
(1) The Secretary may in writing appoint any person to be an inspector for the purposes of this section and section 14C. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 17)
(2) An inspector who is not a public officer may be paid, as a fee for his services, such amount as the Financial Secretary thinks fit.
(3) The powers conferred by section 14C or by regulations made under section 15 shall be exercised by an inspector only—
(a) for the purpose of testing and examining the tramway following the carrying out of work thereon; or
(b) for the purpose of ensuring the safety of the tramway or any part thereof; or
(c) where an inspector is directed to investigate an accident on any part of the tramway under such regulations, for the purpose of carrying out such investigation.
(4) Where an inspector exercises any power under this Ordinance, he shall produce evidence of his identity, and of his appointment, to any person who requests him to do so.
(5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers under this Ordinance.
(Added 26 of 1989 s. 4)