### Peak Tramway Ordinance 《山頂纜車條例》

2B. Grant of the operating right
(1) The Chief Executive in Council may, on application and in any manner that the Chief Executive in Council thinks fit, grant the operating right to a body corporate—
(a) on terms agreed between the Government and the body corporate; and
(b) for a period not exceeding 10 years.
(2) The operating right may be granted under subsection (1) to—
(a) the body corporate holding the operating right granted previously under subsection (1) or (5) or any other provision of this Ordinance; or
(b) a body corporate that does not hold the operating right.
(3) In deciding whether or not to grant the operating right to a body corporate under subsection (1), the Chief Executive in Council must take into account all relevant matters, including—
(a) the terms proposed by the body corporate;
(b) any representation made by the body corporate;
(c) whether the body corporate will be able to maintain the tramway as an important tourism and recreational facility;
(d) the financial capability of the body corporate; and
(e) any relevant experience and performance of the body corporate in operating the tramway or any similar facility.
(4) Subsection (5) applies if—
(a) the operating right is granted under subsection (1) for a period (current period); and
(b) the holder of the operating right applies for the grant of the operating right for a further period.
(5) The Chief Executive in Council must, subject to subsection (6), grant the operating right to the holder—
(a) on terms agreed between the Government and the holder; and
(b) for a further period not exceeding 10 years beginning on the expiry of the current period.
(6) The Chief Executive in Council must not grant the operating right under subsection (5) unless the Chief Executive in Council is satisfied by evidence submitted by the holder that—
(a) the holder is committed to implementing a plan for modernizing and improving the tramway and ancillary equipment and facilities;
(b) the holder is capable of implementing the plan; and
(c) the implementation of the plan will be conducive to maintaining the tramway as an important tourism and recreational facility.
(7) The operating right may only be granted to a body corporate within the meaning of company in section 2(1) of the Companies Ordinance (Cap. 622).
(8) The operating right has effect subject to this Ordinance.
(9) To avoid doubt, the power under subsection (1) or (5) may be exercised in relation to a body corporate more than once.
(Added 16 of 2015 s. 6)

### Peak Tramway Ordinance 《山頂纜車條例》

2C. Application for operating right
(1) An application for the operating right must be—
(a) made in writing to the Secretary; and
(b) accompanied by the information or materials that the applicant wishes to put forward in support of the application.
(2) An application made after 1 January 2016 by the holder of the operating right for the grant of the operating right for a further period under section 2B(1) or (5) may only be made before—
(a) if the current period for which the operating right is granted is longer than 3 years—the last 3 years of the period; or
(b) if the current period for which the operating right is granted is 3 years or less—a date specified by the Secretary for this subsection.
(3) The Chief Executive in Council must determine an application for the operating right without unreasonable delay.
(Added 16 of 2015 s. 6)

### Peak Tramway Ordinance 《山頂纜車條例》

3. Power to construct and work certain tramways
(1) During the period for which the operating right is granted, the company has—
(a) the right to occupy the tramway area for the purposes of the operating right; and
(b) the right to construct, maintain, work and use the tramway and all structures, equipment, works and conveniences connected with the tramway. (Replaced 16 of 2015 s. 7)
(1A) The rights under subsection (1) are subject to the terms referred to in section 2B(1)(a) or (5)(a). (Added 16 of 2015 s. 7)
(1B) Sections 4, 5, 10 and 10A of the Land (Miscellaneous Provisions) Ordinance (Cap. 28) do not apply to the tramway area. (Added 16 of 2015 s. 7)
(2)  The tramway referred to in subsection (1) 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 Lot 1104, as shown on the Plan: (Amended 8 of 1993 s. 2; 16 of 2015 s. 7)
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 Plan so long as they are within the limits of deviation shown on the Plan. (Replaced 57 of 1986 s. 3. Amended 16 of 2015 s. 7) 
(3) In this section—
Plan (《圖則》) means the plan numbered MH2528d signed on behalf of the Director of Lands and deposited in the Land Registry; (Added 16 of 2015 s. 7. Amended L.N. 172 of 2018)
tramway area (纜車軌道範圍) means the area delineated and coloured yellow on the Plan. (Added 16 of 2015 s. 7)
(4) The Secretary may, by notice published in the Gazette, amend the definition of Plan

### Peak Tramway Ordinance 《山頂纜車條例》

4. Power to alter levels of ground etc.
Subject to the approval of the Secretary, 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; L.N. 130 of 2007; 16 of 2015 s. 8)

5. Power to make additional structures, equipment, etc.
Subject to the approval of the Secretary, 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, 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, and may work and use the same.
(Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 ss. 7 & 8; 27 of 1992 s. 4; L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2015 s. 9)