New trustees; their appointment and tenure of office (1) Trustees shall be elected by members of the church. (2) Elections shall be held at regular intervals of twelve months. All members of the church of full age and sound mind shall be eligible for election as trustees. (3) At elections at an annual general meeting trustees shall be elected for a term of three years, but so that if a trustee shall vacate office before the expiration of his term the trustee appointed to succeed him shall hold office only for the then residue of the term of the trustee who vacated his office. Retiring trustees shall be eligible for re-election. (4) If the office of a trustee is vacated for any reason other than the expiration of his term of office a new trustee shall be elected at one of the monthly meetings of members of the church and such trustee shall hold office until the next annual general meeting of members of the church. Notification of changes of trustees (1) Any change in membership of the trustees shall within three weeks of such change be notified by the publication of a notice in the Gazette. (2) No such change shall be deemed to have been made until a notification of such change has been published in the Gazette. (3) The production of a copy of the Gazette containing any such notification shall be prima facie evidence of a change in membership of the trustees. (4) The trustees shall when required by the Governor furnish to him satisfactory proof of the succession, election or appointment of any new trustee. Execution of deeds The trustees when elected shall appoint a chairman, a vice-chairman, a secretary and a treasurer from among their number and all deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence of such four persons or of two of such four persons and two other trustees and shall also be signed by such four persons and such signing shall be and be taken as sufficient evidence of the due sealing thereof. Custody of documents All books, deeds, papers and other documents belonging to the church shall be under the care and custody of the trustees. Power of committee to make regulations All regulations relating to the affairs of the church otherwise than those specifically provided for by this Ordinance shall be drawn up by a committee appointed by the members of the church for such purpose and shall be submitted to the annual general meeting for approval. Regulations not binding until approved No regulations made by any committee under section 13 shall be binding on the members of the church until such regulations have been passed by a majority of members present and voting at an annual general meeting of members. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of the council of the Munsang College, Hong Kong. [24 May 1957] Short title Registration with Registrar of Companies Prohibition against payment of dividend or bonus Saving This Ordinance may be cited as the Munsang College Incorporation Ordinance. Incorporation The council for the time being as hereinafter composed of Munsang College, Hong Kong, shall be a body corporate, hereinafter called the corporation, and shall have the corporate name, "Munsang College", and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal. Purpose of the corporation The purpose of the corporation shall be to carry on the work for which the Munsang College was originally founded, that is, of offering to Chinese youths a modern liberal education (special attention being given to the teaching of the English and Chinese languages and literature), and encouraging them to lead a Christian life. Limitation of number of members of council (1) The council shall consist of not less than nine members nor more than twenty-one. (2) The council shall have a chairman, a vice-chairman, an honorary secretary, and an honorary treasurer (hereinafter referred to as the officers) and such number of supervisors as may be necessary, all of whom shall be elected from among the members of the council: Provided that, in the case of supervisors, their election shall be referred by the council, with such recommendations as the council may wish to make, to the Director of Education for his approval of such appointments and, in case of disapproval, such elections shall be of no effect. (3) The officers shall hold office for a term of one year and shall retire at the ordinary meeting of the council next following the expiration of their term of office but they shall be eligible for re-election. (4) The council shall- (a) have such powers; (b) perform such duties; (c) transact such business; and (d) hold such meetings,as are specified in this Ordinance and in the rules made under section 9. Filling of vacancy On the occurrence of any vacancy in the council caused by the death, resignation, or other determination of office in accordance with the rules made under section 9, of any one of such members of the council, it shall be filled in manner prescribed in the rules. Appointment and removal of principle (1) The council may from time to time by resolution passed, in accordance with the rules made under section 9, at a meeting convened for the purpose appoint such number of principals as may be necessary for the administration and management of colleges and schools established and run by the corporation and, may, in like manner, when occasion so requires- (a) remove any principal so appointed; or (b) appoint another person to act as principal during the temporary absence of the substantive holder of that office. (2) Any resolution passed for any of the purposes mentioned in subsection (1) shall be authenticated by the chairman and vice-chairman of the council and when so authenticated shall be conclusive evidence for all purposes of the facts therein contained. Powers of corporation (1) The corporation shall have power to acquire, accept and grant leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate, and also to build, rebuild, alter, vary, renew, maintain and repair any building, messuages or tenements, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements, debentures, stocks, funds, shares or securities of any government, municipality, corporation, or company and also to purchase, acquire, and possess goods and chattels of what nature and kind soever. (2) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, pledge, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, or other goods and chattels whatsoever, which are for the time being vested in or belonging to the corporation, upon such terms as the corporation may deem fit. Execution of deeds All deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence of any three of the following officers, namely- (a) the chairman; (b) the vice-chairman; (c) the honorary secretary; and (d) the honorary treasurer, and shall also be signed by the same three officers so present, and such signing shall be taken as sufficient evidence of the due sealing thereof. Power to make rules The council may from time to time by resolution passed, in accordance with the rules made under this section, at a meeting convened for the purpose make such rules as the council may at its discretion deem desirable for- (a) the administration or management of the corporation; (b) the management of the corporation's premises and property of whatever description; (c) the holding of meetings of the council and the conduct of business thereat; and (d) such other matters as may be deemed necessary for the better administration or management of the corporation and its premises and properties. Registration with Registrar of Companies (1) The corporation shall send to the Registrar of Companies for registration- (a) notice of the address of the principal office of the corporation and any change thereof; (b) a copy of all rules made under the provisions of section 9, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the chairman, vice-chairman, honorary secretary, honorary treasurer and other members of the council, and any change therein, certified as correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of any amendment or change, as the case may be. (3) A fee of $5 shall be payable for registering any document under this section. (4) Upon payment of a fee of $1, any person may inspect any of the documents registered with the Registrar of Companies under this section. Prohibition against payment of dividend or bonus No dividend or bonus shall be paid and no gift or division of money shall be made by or on behalf of the corporation to or among any of the members of the council, or, to or among the students of any college or school established or maintained by the corporation except by way of prize, reward or special grant to students approved on each such occasion by a majority ofthe members of the council. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Empowering section [24 May 1957] The Executive Committee of the Munsang Alumni Association shall be entitled to elect one of its members to serve on the Council. Such member, however, shall retire at the second ordinary meeting of the Council held next after his election but shall be eligible for re-election by such Executive Committee. Members of the Council shall vacate office- (a) upon failure to attend meetings of the Council for twelve consecutive months; or (b) upon ceasing to reside in Hong Kong or within one hundred miles thereof for six months without leave of the Council. The Council may appoint, subject to the provisions of subsection (1) of section 4 of the Ordinance, additional members thereto, and may fill any vacancy occurring therein. (1) Ordinary meetings shall be held twice a year: one in the fourth week in January and one in the fourth week in July. (2) All ordinary meetings shall be held in the Colony of Hong Kong either- (a) at premises of the Munsang College; or (b) at such other convenient place as may be agreed upon by the Council, and named in the notice convening the meeting. In the absence of the Chairman at any meeting the Vice-Chairman or in his absence a member elected by those present shall be chairman of the meeting. All business brought before a meeting shall be decided by a majority of votes of the members present; in case of an equality of votes the chairman of such meeting shall have a casting vote. All resolutions carried as aforesaid by a majority of the members present and all acts done pursuant to any such resolutions shall be deemed to be the resolutions and acts respectively of the Council. Minutes of the proceedings of every meeting of the Council shall be entered in a book kept for that purpose and shall on approval by the Council be signed by the chairman at the conclusion of such meeting or by the chairman of the following meeting; and shall when so entered and signed be evidence of the facts therein stated. (1) Notice of any Council meeting shall be signed by either the Chairman, the Vice-Chairman, or the Honorary Secretary and shall be deemed to have been delivered to the addresses if it is left or sent through the post to their respective addresses registered with the Registrar of Companies. (2) Seven clear days' notice shall be given of every meeting, stating the time and place of holding the meeting and the objects or purposes for which the meeting is to be held. (3) Any notice sent in accordance with the provisions of paragraph (1) shall be effective although the member of Council to whom it is intended may at the time be absent from his registered address or may never actually receive the notice. (4) Proxies shall not be permitted at any meeting. (1) A current account to be known as the "No. 1 account" shall be opened in the name of the Munsang College, or in such other name as the Council may decide, at such bank as the Council may from time to time approve, and all school fees received shall be paid into, and all payments of salaries and other expenses for the running of the colleges and schools of the corporation shall be paid out of, such account. (2) All cheques drawn on the above account on behalf of the corporation shall be signed by any two of the following persons, namely- (a) the Chairman; (b) the Vice-Chairman; and (c) the Honorary Treasurer; or by any one of them and countersigned by either the appropriate Principal or the appropriate Bursar. (1) All donations of a special nature, or, if a sinking fund is ever created, the moneys received therefor, shall be paid into a separate current account to be known as the "No. 2 account" to be opened in the name of the Munsang College, or in such other name as the Council may decide, at such bank as the Council shall from time to time approve. (2) All cheques drawn on the above account on behalf of the corporation shall be signed by the Chairman and any one member of the Council. In any year in which, in the opinion of the members of the Council present at a meeting convened for the purpose, there shall be a surplus of income over expenditure, the balance so resulting may be transferred to the No. 2 account as provision for unforeseen contingencies. The Council may create, set aside and deal with in such manner and for such purpose as the Council may think fit any provident fund or sinking fund which the Council may deem necessary or expedient. Long title To provide for the incorporation of the Hong Kong Council of the Church of Christ in China. [5 September 1958] Short title Saving This Ordinance may be cited as the Hong Kong Council of the Church of Christ in China Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "chairman" (主席), "vice-chairman" (副主席), "treasurer" (司庫) mean the chairman, vice-chairman and treasurer respectively appointed by the executive committee from time to time to act as such; "constitution" (憲章) means the constitution for the time being in force governing the corporation together with any amendment thereto made from time to time in accordance with such constitution; "corporation" (法團) means The Hong Kong Council of the Church of Christ in China incorporated under section 3; "executive committee" (執行委員會) means the executive committee which has the power of management and control of the affairs of the corporation in accordance with the constitution; "general secretary" (總幹事) means the general secretary appointed by the executive committee; "members" (成員) means the active pastors, ministers and preachers holding office in the corporation and the delegates of the local churches, co-operating missions and church bodies, educational institutions, medical and religious institutions and missionary bodies as are or shall become members of The Hong Kong Council of the Church of Christ in China in accordance with the constitution. Incorporation The members for the time being of the Hong Kong Council of the Church of Christ in China shall be a body corporate and shall have the corporate name, "The Hong Kong Council of the Church of Christ in China", and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal and may from time to time, break, change, alter and make anew the said seal as to the corporation may seem fit. Powers of corporation (1) The corporation shall have power to acquire, accept and grant leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate, and also to build, rebuild, alter, vary, renew, maintain and repair any building, messuage or tenement, and also to invest moneys upon mortgages of any lands, buildings, messuages or tenements, or in debentures, stocks, funds, shares or securities of any government, municipality, corporation, or company, and also to purchase, acquire and possess goods and chattels of what nature and kind soever. (2) (Repealed 74 of 1974 s. 3) (3) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, pledge, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities or goods and chattels whatsoever, which are for the time being vested in or belonging to the corporation, upon such terms as to the corporation may deem fit. Execution of deeds (1) All deeds, documents and other instruments requiring the seal of the corporation shall be- (a) sealed in the presence of any three of the following persons namely, the chairman or in his absence from the Colony, of the vice-chairman, the treasurer, the general secretary and any two members of the executive committee; and (b) signed by three of the persons named above in whose presence the seal was affixed. (2) The seal shall be kept in the custody of the chairman, or in his absence from the Colony, in the custody of the vice-chairman. Vesting of property (1) Notwithstanding the provisions of subsection (2) of section 4, all those pieces or parcels of ground the particulars whereof are contained and more particularly described in the first column of the Schedule together with all rights, easements and appurtenances thereunto belonging or appertaining shall upon registration by the corporation in the appropriate Land Registry of a memorial of this Ordinance be transferred to and be vested in the corporation for the residues now unexpired of the terms created therein by the Crown Leases thereof respectively, subject to the payment of the rents reserved by the said Crown Leases respectively and the performance and observance of the lessees' covenants and the conditions therein contained, and subject also to such mortgages, charges, leases, tenancies and other agreements (if any) and upon such trusts, conditions and stipulations, as may be subsisting in relation to such premises upon the commencement of this Ordinance. (Amended 8 of 1993 s. 2) (2) On the coming into operation of this Ordinance all other property goods and chattels and rights which immediately before the commencement of this Ordinance were held in trust for The Hong Kong Council of the Church of Christ in China shall be transferred to and become vested in the corporation. Proof of membership of the corporation and proof of the constitution A certificate under the hand of the chairman, or in his absence from the Colony, of the vice-chairman- (a) that any active pastors, ministers or preachers holding office in the corporation or any local church, co-operating mission and church body, educational institution, medical institution, religious institution or missionary body named therein is a member of the corporation; or (b) that any rules or regulations annexed to such certificate are the constitution, shall be accepted for all purposes as sufficient proof of the fact that such active pastors, ministers or preachers, local church, co-operating mission and church body, educational institution, medical institution, religious institution or missionary body is a member of the corporation, or that the constitution was duly made and is in force. Registration with Registrar of Companies (1) The corporation shall send to the Registrar of Companies for registration- (a) notice of the address of the principal office of the corporation and any change thereof; (b) a copy of the constitution certified as correct by the chairman, or in his absence from the Colony, the vice-chairman; (c) a list of the names and addresses of the chairman, vice-chairman, treasurer, general secretary and members of the executive committee, and any change therein, certified as correct by the chairman, or in his absence from the Colony, the vice-chairman. (2) Notification in accordance with subsection (1) shall be made within four weeks of the making of any amendment or change, as the case may be: Provided that the Registrar of Companies may for good cause shown extend the period. (3) The registration of the list mentioned in paragraph (c) of subsection (1) shall be conclusive evidence of the appointments to the offices mentioned therein. (4) A fee of $5 shall be payable for registering any document under this section. (5) Upon payment of a fee of $1, any person may inspect any of the documents registered with the Registrar of Companies under this section. Internal management of the corporation All matters affecting the corporation and its internal management including any amendment of the constitution shall be settled and carried out in accordance with the constitution. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinanceand those claiming by, from or under them. Description of Property Registered Owner All those pieces or parcels of land registered as Lots Nos. 3303 and 3304 in Demarcation District No. 102 in the New Territories, together with the messuages or dwelling houses, buildings and erections thereon. The Hong Kong New Territory Evangelization Society of Hong Kong. Long title To provide for the incorporation of the Director of Social Welfare, and for matters connected therewith. [6 February 1959] Short title This Ordinance may be cited as the Director of Social Welfare Incorporation Ordinance. Director of Social Welfare constituted a corporation sole The person for the time being performing the duties of the office of Director of Social Welfare shall be a corporation sole, hereinafter called the corporation, and shall have the name of the Director of Social Welfare Incorporated and in that name shall have perpetual succession. Seal of corporation and authentication thereof, and instruments executed thereunder (1) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the occupant of the corporation for the time being. (2) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Power of corporation to act as trustee, etc. The corporation may act as trustee of any trust created for the benefit of persons in the care of the Social Welfare Department or of any trust created in connection with the work of the said Department and may acquire, take on lease, purchase, hold, hire and enjoy any movable or immovable property and may dispose of the same. Power to invest trust funds (1) The corporation may invest, in accordance with the provisions of the Trustee Ordinance (Cap 29), any trust funds in the hands of the corporation whether at the time in a state of investment or not: Provided that where the occupant of the corporation for the time being considers it impracticable for any reason whatsoever for any such trust funds to be so invested, the corporation may deposit such trust funds in any bank or savings bank approved by the Governor either generally or in any particular case. (2) The powers conferred on the corporation by subsection (1) are in addition to the powers (if any) conferred by any trust but shall apply only if and so far as a contrary intention is not expressed in any term of any trust, and shall have effect subject to any such term. Property of corporation to pass to its successors Where any property or interest therein is vested in the corporation, the same shall, unless and until otherwise disposed of by the corporation, pass and devolve to and vest in the successors from time to time of the corporation. Certificate as to occupant of corporation If any question arises as to who is or was at any time the occupant of the corporation for the time being, a certificate under the hand of the Chief Secretary shall be conclusive evidence for all purposes as to the person who is or was such occupant. Accounts, audit and annual report (1) The corporation shall keep accounts and records of all transactions in respect of any trust funds it administers. (2) The Director of Accounting Services may give such directions in writing to the corporation as he thinks fit with respect to the keeping of accounts and records referred to in subsection (1) and the corporation shall comply with any such direction. (3) The corporation shall prepare in relation to the trust funds it administers a statement of accounts of the funds for each period of 12 months ending on 31 March in any year, in such form as the Director of Accounting Services may require in writing. (4) A statement of accounts required by subsection (3) shall be signed by the person for the time being performing the duties of the office of the Director of Social Welfare and shall, unless the accounts of the trust funds the corporation administers have been audited by an independent accountant under section 24(4) of the Trustee Ordinance (Cap 29), be submitted by the corporation to the Director of Audit not later than 30 September following the end of the period to which it relates, or such later date as the Governor may allow. (5) Where the statement of accounts is submitted to the Director of Audit under subsection (4), such statement of accounts and the accounts of the funds referred to in subsection (1) shall be audited by the Director of Audit, who shall certify the statement of accounts together with such report, if any, as he may think fit and submit the audited statement of accounts and the report thereon, if any, to the corporation. (6) A copy of the corporation's audited statement of accounts, together with the Director of Audit's report, if any, and a report, if any, by the corporation on the administration of the fund during the period covered by the audited statement of accounts shall be laid upon the table of the Legislative Council not later than 3 months after the audited statement of accounts and the report thereon, if any, are received by the corporation from the Director of Audit. Long title To provide for the establishment and functions of an advisory and consultative body for the New Territories and for purposes connected therewith. [11 December 1959] Preamble WHEREAS- (a) the HEUNG YEE KUK has in the past served as a valuable advisory body to the Government on New Territories affairs and has been a forum where leaders of opinion in the Territories have been able to exchange views; and (b) it is now considered desirable that the HEUNG YEE KUK should become a statutory advisory body with a constitution so framed as to ensure that it will as far as possible be truly representative of informed and responsible opinion in the New Territories: Short title Powers Accounts Incorporation of Chairman and Vice-Chairmen Powers of the Heung Yee Kuk Incorporated Use of words Heung Yee Kuk Amendment of Schedules PART I ESTABLISHMENT AND CONSTITUTION OF HEUNG YEE KUK This Ordinance may be cited as the Heung Yee Kuk Ordinance. Establishment and constitution of Heung Yee Kuk (1) There shall be established in the New Territories, which expression shall be read and construed in this Ordinance as meaning the New Territories excluding New Kowloon, a body to be known as the Heung Yee Kuk (鄉議局) hereinafter referred to as the Kuk. (2) The Kuk shall consist of- (a) the Chairman and 2 Vice-Chairmen who shall be members of the Executive Committee and shall be elected by the Full Council; (b) a Full Council; and (c) an Executive Committee of the Full Council. Kuk Permanent Advisers The following persons are non-voting Permanent Advisers to the Kuk- (a) all past Chairmen of the Kuk; and (b) all persons, other than New Territories Justices of the Peace and Co-opted Councillors, who have served 2 consecutive terms as members of the Executive Committee, the last term ending in 1988 or later. Executive Committee (1) The Executive Committee shall consist of Ex Officio Members, Ordinary Members and all of the Co-opted Councillors. (2) (a) The following shall be Ex Officio Members- (i) the Chairmen of Rural Committees; and (ii) New Territories Justices of the Peace. (b) Ordinary Members shall not exceed 15 in number, and shall be Councillors of, and elected by, the Full Council. (3) The Full Council shall be deemed to have delegated to the Executive Committee such of its powers as are necessary for the carrying out of the objects the Kuk. Disqualification No person shall hold office as a Chairman, Vice-Chairman, Member of the Executive Committee or Councillor of the Full Council who is under the age of 21 years, or who is or at any time becomes- (a) under any law in force in Hong Kong found or declared to be of unsound mind; (b) an undischarged bankrupt; (c) a person who has been convicted by any of Her Majesty's Courts, whether or not within Hong Kong, of any offence for which he has been sentenced to a term of imprisonment exceeding 6 months; or (d) a person who has been convicted by any Court in Hong Kong within the preceding 5 years of any offence in connection with any illegal organization. Returning Officer (1) All elections shall be conducted by a Returning Officer appointed by the Governor. Such Returning Officer shall be in sole charge of the conduct of such elections, appointing such Assistant Returning Officers as he shall see fit to assist him. On the completion of every election the Returning Officer shall declare each person elected to have been validly or invalidly elected as the case may be. (2) Where any question arises concerning the interpretation of the election rules set out in the First Schedule the same shall be interpreted by the Returning Officer whose decision shall be final, or by an Assistant Returning Officer from whose decision appeal may be made to the Returning Officer. Vacancies and invalid elections (1) Where- (a) any vacancy occurs by reason of the death, resignation or disqualification of any Chairman, Vice-Chairman, Member or Special Councillor; or (b) the election of any Chairman, Vice-Chairman, Member or Special Councillor is declared invalid by the Returning Officer, a fresh election shall take place within 6 months of the vacancy occurring or the election being declared invalid, and the Governor may extend the term of office for which the election was being held for such period as he may see fit not exceeding 6 months from the date of such vacancy occurring. (2) In the event of the Returning Officer declaring 2 successive elections to be invalid the Governor may appoint any person eligible for election to be the Chairman, Vice-Chairman, Member or Special Councillor as the case may be, and such person shall hold office as if he had been duly elected thereto. (3) In the event of the Chairman dying, resigning or becoming disqualified the Vice-Chairman first elected shall assume the office of Chairman until such time as a new Chairman shall have been elected. Objects PART III FUNCTIONS OF THE KUK The objects of the Kuk shall be- (a) to promote and develop mutual co-operation and understanding among the people of the New Territories; (b) to promote and develop co-operation and understanding between the Government and the people of the New Territories; (c) to advise the Government on social and economic developments in the interests of the welfare and prosperity of the people of the New Territories; (d) to encourage the observance of all such customs and traditional usages of the people of the New Territories as are conducive to their welfare and to the preservation of public morality; and (e) to exercise such functions as they may be invited to from time to time by the Governor. Powers (1) For the purpose of furthering the objects of the Kuk, it may- (a) appoint a Secretary, Treasurer and other office-bearers and determine their duties; (b) appoint such staff as it may require and make provision for the payment of their salaries; (c) appoint sub-committees and delegate functions to them; (d) appoint such advisers as may be approved by the Secretary for Home Affairs. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989) (2) The provisions set out in the Second Schedule shall apply to the exercise of the powers and functions of the Kuk. Accounts (1) Accounts shall be kept in a form to be approved by the Secretary for Home Affairs in respect of all funds other than the personal donations of the Chairman, Vice-Chairmen, Members and Councillors. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989) (2) Failure to keep accounts and to produce the same in the form required under subsection (1), shall be an offence on the part of the Chairman, Vice-Chairmen and the Treasurer of the Kuk, and on conviction each shall be liable to a fine of 2000. Incorporation of Chairman and Vice-Chairmen Powers of the Heung Yee Kuk Incorporated PART IV MISCELLANEOUS The Chairman and Vice-Chairmen for the time being of the Kuk shall be a body corporate with perpetual succession, known as the Heung Yee Kuk Incorporated and shall in that name be capable of suing and being sued. Powers of the Heung Yee Kuk Incorporated (1) The Heung Yee Kuk Incorporated may- (a) enter into contracts; (b) acquire and hold property; (c) sell, let or otherwise dispose of property; and (d) borrow money and for that purpose mortgage or charge all or any part of the property of the Heung Yee Kuk Incorporated. (2) The Heung Yee Kuk Incorporated shall exercise the powers conferred by subsection (1) only in such manner and subject to such conditions as the Executive Committee shall in its absolute discretion direct or impose, and only for the purpose of promoting the objects of the Kuk. Use of words Heung Yee Kuk (1) The words Heung Yee Kuk (鄉議局) shall be used solely by, and in connection with, the Kuk established under this Ordinance. (2) Any person other than the Chairman, Vice-Chairmen, Councillors, Members or Officers of the Kuk who uses any term or conducts himself in any manner which is calculated to give the impression that he is an Officer, Member or Councillor of the Kuk, shall be guilty of an offence and shall be liable to a fine of $2000. Amendment of Schedules (1) The provisions contained in the First and Second Schedules may be amended by resolution of two-thirds of the members of the Full Council. Such resolution shall require the prior approval of two-thirds of the members of the Executive Committee. (2) Any such amendment shall be subject to the approval of the Secretary for Home Affairs. (Amended 18 of 1988 s. 8; L.N. 262 of 1989) Long title To provide for the incorporation of the Director of Education, and for matters connected therewith. [23 September 1960] Short title This Ordinance may be cited as the Director of Education Incorporation Ordinance. Director of Education constituted a corporation sole The person for the time being performing the duties of the office of Director of Education shall be a corporation sole, hereinafter called the corporation, and shall have the name of the "Director of Education Incorporated" and in that name shall have perpetual succession. Seal of corporation and authentication thereof, and instruments executed thereunder (1) The corporation shall have and may use a common seal and the affixing of the seal shall be authenticated by the signature of the occupant of the corporation for the time being. (2) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Power of corporation to act as trustee, etc. The corporation subject to the prior approval of the Chief Secretary may act as trustee of any trust created for purposes or objects connected with education or with the work of the Education Department and may acquire, take on lease, purchase, hold, hire and enjoy any movable or immovable property and may dispose of the same. Power to invest trust funds (1) The corporation may invest, in accordance with the provisions of the Trustee Ordinance (Cap 29), any trust funds in the hands of the corporation whether at the time in a state of investment or not: Provided that where the occupant of the corporation for the time being considers it impracticable for any reason whatsoever for any such trust funds to be so invested, the corporation may deposit such trust funds in any bank or savings bank approved by the Governor either generally or in any particular case. (2) The powers conferred on the corporation by subsection (1) are in addition to the powers (if any) conferred by any trust but shall apply only if and so far as a contrary intention is not expressed in any term of any trust, and shall have effect subject to any such term. Property of corporation to pass to its successors Where any property or interest therein is vested in the corporation, the same shall, unless and until otherwise disposed of by the corporation, pass and devolve to and vest in the successors from time to time of the corporation. Certificate as to occupant of corporation If any question arises as to who is or was at any time the occupant of the corporation for the time being, a certificate under the hand of the Chief Secretary shall be conclusive evidence for all purposes as to the person who is or was such occupant. Accounts, audit and annual report (1) The corporation shall keep accounts and records of all transactions in respect of any trust funds it administers. (2) The Director of Accounting Services may give such directions in writing to the corporation as he thinks fit with respect to the keeping of accounts and records referred to in subsection (1) and the corporation shall comply with any such direction. (3) The corporation shall prepare in relation to the trust funds it administers a statement of accounts of the funds for each period of 12 months ending on 31 August in any year, in such form as the Director of Accounting Services may require in writing. (4) A statement of accounts required by subsection (3) shall be signed by the person for the time being performing the duties of the office of the Director of Education and shall, unless the accounts of the trust funds the corporation administers have been audited by an independent accountant under section 24(4) of the Trustee Ordinance (Cap 29), be submitted by the corporation to the Director of Audit not later than 28 February following the end of the period to which it relates, or such later date as the Governor may allow. (5) Where the statement of accounts is submitted to the Director of Audit under subsection (4), such statement of accounts and the accounts of the funds referred to in subsection (1) shall be audited by the Director of Audit, who shall certify the statement of accounts together with such report, if any, as he may think fit and submit the audited statement of accounts and the report thereon, if any, to the corporation. (6) A copy of the corporation's audited statement of accounts, together with the Director of Audit's report, if any, and a report, if any, by the corporation on the administration of the fund during the period covered by the audited statement of accounts shall be laid upon the table of the Legislative Council not later than 3 months after the audited statement of account and the report thereon, if any, are received by the corporation from the Director of Audit. Long title To provide for the incorporation of the Council of Heep Yunn School. [12 May 1961] Short title This Ordinance may be cited as the Council of Heep Yunn School Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of the Council of Heep Yunn School approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The Council of Heep Yunn School shall be a body corporate, and shall have the name of "The Council of Heep Yunn School", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate the Heep Yunn School; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate : Provided that the corporation shall not acquire, accept leases of, purchase, take or hold any immovable property in the Colony unless it shall have previously obtained the consent of the Governor in Council in each case; (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere within the British Commonwealth or in any Hong Kong or British Commonwealth government bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere within the British Commonwealth; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; and (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being, or for carrying into effect the provisions of this Ordinance. Members The corporation shall consist of such members as shall be provided by its constitution. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 8 to sign deeds, documents and other instruments. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of any amendment or change, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be payable under any enactment relating thereto. (4) The corporation shall pay such fee for registering any document with any public registry as may be payable under any enactment relating thereto. Sealing of deeds All deeds, documents and other instruments requiring the seal of the corporation shall be signed by the chairman of the corporation or by such other person or persons as the corporation shall from time to time appoint and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Preamble WHEREAS- (a) The United Kingdom Committee For World Refugee Year has given to the Government the sum of $2200000.00 to inaugurate a fund to be applied in the provision of training facilities for social workers and for persons desirous of becoming social workers; (b) of the said sum of $2200000.00, the sum of $19939.06 has been expended for such purpose, leaving a balance of $2180060.94; and (c) it is considered expedient to vest the said balance of $2180060.94 in the Director of Social Welfare Incorporated as trustee and to provide for the administration, by a committee appointed for that purpose, of the said balance and of any further sums added thereto: Short title Accounts Investments Cost of administration Saving This Ordinance may be cited as the Social Work Training Fund Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委員會) means the Social Work Training Fund Committee established by section 5; "fund" (基金) means the Social Work Training Fund established by section 3; "secretary" (秘書) means the secretary of the committee appointed under section 7; "social work" (社會工作) means any activity which, in the opinion of the committee, is concerned with the maintenance or improvement of the social and personal well-being, recreation or conditions of living of persons resident in Hong Kong but does not include any training or activity necessary for the purpose of obtaining registration under the provisions of the Dentists Registration Ordinance (Cap 156), the Medical Registration Ordinance (Cap 161), the Midwives Registration Ordinance (Cap 162), the Nurses Registration Ordinance (Cap 164), or the Education Ordinance (Cap 279); (Amended 15 of 1988 s. 4) "social worker" (社會工作者) means a person who is trained for or employed in or engaged in any social work; "trustee" (受託人) means the Director of Social Welfare Incorporated as trustee of the fund. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Social Work Training Fund which is hereby vested in the Director of Social Welfare Incorporated, a body corporate incorporated under and by virtue of the Director of Social Welfare Incorporation Ordinance (Cap 1096), as trustee. (2) The fund shall consist of- (a) the sum of $2180060.94 being the balance of the sum paid to the Government by The United Kingdom Committee For World Refugee Year, together with any interest thereon up to the date of coming into operation of this Ordinance; and (b) any further donations or bequests at any time made to the fund and accepted by the committee. Objects of the fund (1) The trustee shall hold and stand possessed of the fund subject to such direction and control by the committee as is provided in this Ordinance and subject to and in accordance with the provisions of this Ordinance upon trust to apply the income thereof and, subject as is hereinafter provided, to apply the capital thereof- (a) in making grants to individuals for the purpose of study and training as social workers, including payment of passages, travel and subsistence allowances and other incidental expenses; (b) in improving existing training facilities for social workers; (c) in running of courses for social workers and payment of any necessary expenses in connection therewith; (d) in the training of persons for social work in Hong Kong and in obtaining advice about such training; and (e) for any other purpose connected therewith, designed to improve the training and skill of social workers in Hong Kong. (Amended 15 of 1988 s. 4) (2) The trustee, subject to the direction of the committee, may apply for such purposes any income of the fund and any capital of the fund which has been obtained by the accumulation of income in any previous year but may not apply any other part of the capital of the fund for any such purpose without the prior consent of the Governor. Establishment of committee (1) For the management of the fund, there shall be established a committee to be known as the Social Work Training Fund Committee which shall consist of- (a) the Director of Social Welfare who shall be the Chairman of the committee; (b) (Repealed 15 of 1988 s. 2) (c) the Director of Education or his nominee; and (d) such other members not exceeding 3 as may be appointed by the Governor. (2) A member appointed by the Governor shall hold office for 3 years or such lesser period as may be stipulated by the Governor from the date of his appointment and may be reappointed or removed by the Governor at his pleasure. (3) If a member appointed under subsection (1)(d) is absent from Hong Kong, the Governor may appoint another person to replace such member during his absence. (Amended 15 of 1988 s. 4) (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 6 and unless so fixed shall be 3 members. (Amended 15 of 1988 s. 2) Standing orders of committee (1) The committee may make standing orders- (a) governing the procedure of the committee in the transaction of business; (b) for the maintenance of good order at meetings of the committee; and (c) generally for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every standing order made under subsection (1) shall be furnished to the Chief Secretary and every standing order shall be subject to disallowance by the Governor. (Amended L.N. 226 of 1976) (3) All questions arising at any meeting of the committee shall be decided by a majority of votes of members present and, in the case of an equality of votes, the Chairman shall have a casting vote in addition to his original vote. Secretary (1) There shall be a secretary to the committee who shall be appointed by the Governor. (2) The secretary shall summon such meetings of the committee as may be required of which he shall give to each member thereof not less than 7 days' notice with an agenda. (3) The secretary shall maintain minutes of each meeting of the committee. Power to solicit and take donations and bequests The committee may solicit and accept on behalf of the trustee donations and bequests to the fund. Borrowing powers The trustee may borrow such sums of money at such rates of interest and subject to such terms or conditions as the committee may direct for the furtherance of any of the purposes specified in section 4, and, with the prior consent of the Governor, may charge the capital and assets of the fund as security for the repayment thereof. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 March in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify such statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid upon the table of the Legislative Council not later than 31 December next following the end of such period or so soon thereafter as the Governor in his absolute discretion may allow. (Amended 15 of 1988 s. 3) Investments The trustee may invest any moneys in such investments, whether or not such investments are trust investments, as the committee may direct subject, in the case of investments which are not trust investments, to the prior approval of the Financial Secretary and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee. Cost of administration The cost of the administration of the fund shall be a charge on the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To make provision for the establishment of a trust fund to be known as the "Sir Robert Black Trust Fund" and for the due administration thereof and for purposes connected with the matters aforesaid. [1 December 1961] Preamble WHEREAS- (a) the sum of one million dollars has been donated by Mr. TANG Shiu-kin for the purpose of establishing a trust fund to be known as the "Sir Robert Black Trust Fund" for the welfare, education and training of persons particularly in fields of activity which are of social value; and (b) the Governor has approved the use of his name in the title of the fund: Short title Accounts Cost of administration of the fund This Ordinance may be cited as the Sir Robert Black Trust Fund Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委員會) means the committee appointed under section 5. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the "Sir Robert Black Trust Fund", hereinafter referred to as the fund, which shall be vested in the Secretary for Home Affairs Incorporated as trustee. (Amended L.N. 15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989) (2) The fund shall consist of the moneys referred to in the preamble together with any sum accumulated by way of interest thereon, dividends and such other moneys as may be paid into the fund, and the fund shall include also such other moneys and assets as may from time to time be donated to or acquired by the trustee on the trusts hereinafter set out. Objects of the trust fund (1) The trustee shall hold and stand possessed of the fund upon trust to apply the same in such manner and to such extent as the committee may advise for the following objects- (a) to provide for persons, who appear to the committee to be of exceptional merit, opportunities for the furtherance of studies, of developing initiative and character and of acquiring greater social usefulness in particular through the qualities of personal leadership in the service of all members of the community; (b) to make grants to individuals or to groups of individuals for the furtherance of activities which appear to the committee- (i) to be of social value; and (ii) to develop qualities of personal initiative and resource; (c) to make grants for the training of individuals or groups of individuals who appear to the committee to be likely to become devoted leaders of community service of any kind. (2) In selecting persons to be beneficiaries of the fund the committee shall have regard to- (a) the circumstances of the family of the proposal beneficiary; and (b) any qualities of the proposed beneficiary whatsoever. Establishment of committee (1) There shall be established a committee to be known as the "Sir Robert Black Trust Fund Committee". (2) The committee shall consist of- (a) the Secretary for Home Affairs as ex officio member and chairman; (Amended L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989) (b) the Director of Education as ex officio member and vice-chairman; (c) the Director of Social Welfare as ex officio member; (d)-(e) (Repealed 50 of 1973 s. 2) (f) 3 other members appointed by the Governor. (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment, and may be re-appointed or removed by the Governor at his pleasure. (4) The quorum necessary for the transaction of business by the committee at a meeting of the committee may be fixed by standing orders made under section 7 and unless so fixed shall be 3 members. (Amended 93 of 1991 s. 2) (5) The validity of any proceedings of the committee shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereto. Control by committee Subject to the provisions of this Ordinance and the agreement of the trustee, the committee may determine all matters whatsoever touching the administration of the fund and the attainment of the objects thereof. Standing orders Transaction of business by circulation of papers (1) The committee may make standing orders- (a) governing their procedure in the transaction of business; (b) for the maintenance of good order at their meetings; and (c) generally for matters relating to the administration and management of the fund and the discharge of their duties. (2) A copy of such standing orders shall be furnished to the Chief Secretary and they shall be subject to disallowance, alteration or amendment by the Governor. (3) All questions arising at any meeting of the committee shall be decided by a majority of votes of members present, and, in case of an equality of votes, the chairman shall have a casting vote in addition to his original vote. Transaction of business by circulation of papers The committee may transact any of its business by circulation of papers amongst members, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the committee. Appointment of officers (1) Without prejudice to section 9, the committee may from time to time appoint, upon such salary and upon such terms as they may think proper, a secretary, a treasurer, and such other officials as they may think necessary for the purpose of carrying out the trusts and may employ any professional person to advise them on any point arising out of or in connection with the said trusts. (Amended 93 of 1991 s. 4) (2) All salaries and fees of any person or persons so appointed or employed shall be paid by the trustee out of the fund. Investment of moneys (1) Subject to subsections (2) to (5), the trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the committee may advise. (Amended L.N. 16 of 1977; 48 of 1989 s. 2; 93 of 1991 s. 5) (2) If the committee so directs, the trustee shall employ such professional person or financial institution as may be nominated by the committee to manage the investment of all or part of the moneys of the fund invested by the trustee under subsection (1). (Added 93 of 1991 s. 5) (3) A person or institution appointed under subsection (2) shall, in performing his or its functions, act in accordance with any advice of the committee in respect of those functions conveyed to him or it in writing from time to time by the trustee. (Added 93 of 1991 s. 5) (4) The trustee shall not be responsible for the consequences of any act or omission of a person or institution employed under subsection (2) if he or it was employed in good faith. (Added 93 of 1991 s. 5) (5) All salaries and fees of a person or institution employed under subsection (2) shall be paid by the trustee out of the fund. (Added 93 of 1991 s. 5) Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 March in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 30 September next following the end of such period, or so soon thereafter as the Governor, in his absolute discretion, may allow. Cost of administration of the fund The cost of the administration of the fund, other than the salaries and fees paid under the provisions of section 8(2), shall be a charge on the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. Long title To provide for the incorporation of St. Paul's College Council. [25 May 1962] Short title This Ordinance may be cited as the St. Paul's College Council Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the corporation; "corporation" (法團) means the St. Paul's College Council incorporated under section 3; "regulations" (規例) means the regulations of the corporation approved from time to time by its members for the time being in accordance with the regulations for the time being in force. Incorporation St. Paul's College Council shall be a body corporate and shall have the corporate name "St. Paul's College Council", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal, and may from time to time break, change, alter and make anew the said seal as the corporation may deem fit. Power of corporation (1) The corporation shall have full power- (a) to manage, administer and operate St. Paul's College in accordance with the purpose for which it was originally founded, namely, the offering to Chinese youths of a modern, liberal education in the English language (but including the subject of Chinese language in the curriculum) upon Christian principles, Protestant and Evangelical, as professed by the Church of England, and now continued by the Chung Hua Sheng Kung Hui; (b) to acquire, accept, and grant leases of, purchase, take or otherwise hold and enjoy any lands, buildings, messuages or tenements of whatsoever nature or kind, and wheresoever situate; (c) to build, rebuild, alter, vary, renew, maintain and repair any buildings, messuages or tenements and to effect any improvement thereto; (d) to acquire, by purchase or otherwise, and possess vessels and other goods and chattels of whatsoever kind or nature; (e) to invest moneys on deposit in any bank in the British Commonwealth or upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgage, debentures, debenture-stocks, stocks, funds, shares or securities of any government, municipality, corporation or company; (f) to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, pledge, demise, let, reassign, transfer, or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, shares, securities, vessels, goods and chattels, for the time being vested in or belonging to the corporation, upon such terms as the corporation may deem fit; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; (h) to accept grant in aid and subsidy from the Education Department; and (i) generally, to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its regulations for the time being, or the purposes aforesaid or any of them. (2) (Repealed 74 of 1974 s. 3) Members The corporation shall consist of such members as shall be provided by its regulations. Regulations (1) The regulations of the corporation may be changed or amended by the corporation at any time and from time to time in accordance with the provisions of the said regulations for the time being in force. (2) Subject to this section the regulations of the corporation and any amendments thereto shall be deemed to have been made under the terms of this Ordinance. (3) There shall be no obligation on the corporation to obtain the approval of the Governor in Council to such regulations nor shall it be necessary to publish any such regulations. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the principal office of the corporation and any change thereof; (b) a copy of the regulations and any amendment thereto, certified as correct by the Chairman; and (c) a list of the names and addresses of the office-bearers and members of the corporation and any change therein, certified as correct by the Chairman. (2) Every notification in accordance with subsection (1) shall be made within twenty-eight days of any change, amendment or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section upon payment of such fee as may be prescribed under section 305 of the Companies Ordinance (Cap 32) for the inspection of a document. (4) The corporation shall pay such fees for registering any document with any public registry as may be prescribed under section 304 of the Companies Ordinance (Cap 32) for the registration with the Registrar of Companies of a document. (Amended L.N. 31 of 1968) (5) The registration of the list mentioned in paragraph (c) of subsection (1) shall be conclusive evidence of the facts contained in such list. Execution of deeds (1) All deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence of the Chairman or, in his absence, the Bishop's Commissary appointed under the Bishop of Victoria Incorporation Ordinance (Cap 1004) and of the Principal of St. Paul's College or, in his absence, the Acting Principal and shall be signed by the Chairman or by the Bishop's Commissary and by the Principal or by the Acting Principal, as the case may be. (2) The seal shall be kept in the custody of the Chairman or, in his absence from the Colony, in the custody of the Bishop's Commissary. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Empowering section [25 May 1962] Citation These regulations may be cited as the St. Paul's College Council Regulations. Interpretation In these regulations, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the corporation; "College" (書院) means the St. Paul's College; "corporation" (法團) means the St. Paul's College Council incorporated under section 3 of the Ordinance; "regulations" (規例) means the regulations of the corporation approved from time to time by its members for the time being in accordance with the regulations for the time being in operation. Composition of the corporation (1) The corporation shall be composed as follows- (a) ex officio members- (i) the Bishop for the time being of Victoria, Hong Kong, who shall be Chairman; (ii) the person for the time being occupying the position of Principal of the College, who shall be the Secretary of the corporation; (iii) the person for the time being occupying the position of Chairman of the St. Paul's College Alumni Association; (iv) the Vicar for the time being of the Parish in which the College is situate; (b) nominated members- (i) two persons nominated by the Synod of the Diocese of Hong Kong and Macao, or by its Standing Committee; (ii) three persons nominated by the St. Paul's College Alumni Association; (iii) one person nominated by the Master and Fellows of St. John's College; (iv) four lay representatives of the Chung Hua Sheng Kung Hui, one each nominated by- (I) St. John's Cathedral; (II) St. Paul's Church; (III) St. Stephen's Church; (IV) St. Mary's Church; and (c) co-opted members- such other persons not exceeding four in number, at any time, as may be co-opted by the corporation from time to time. (2) For the purpose of the nomination mentioned in sub-paragraphs (b) and (c) of paragraph (1), a copy of a Minute of the Synod of the Diocese of Hong Kong and Macao, or of its Standing Committee, of the St. Paul's College Alumni Association, of the Master and Fellows Meeting at St. John's College, of the Vestries of the Churches specified, and of the corporation respectively that the person has been nominated a member of the corporation shall be sufficient evidence of the appointment. (3) A member of the corporation, other than an ex officio member, shall vacate office- (a) if he shall fail to attend three successive meetings of the corporation; (b) if he ceases to reside in Hong Kong for six calendar months without leave from the corporation; or (c) at the expiration of one year from the date of his nomination, but shall be eligible for re-nomination. (4) A member of the corporation for the time being shall continue to act, in spite of the expiration of his term of office, until his successor shall have been appointed. Proceedings of the corporation (1) There shall be at least three ordinary meetings of the corporation in each year. (2) A special meeting of the corporation may be called by the Chairman at any time and shall be called at the request of at least three members of the corporation. (3) No meeting shall be valid unless at least six members of the corporation are present in person, of whom one is either a person nominated by the Synod of the Diocese of Hong Kong and Macao or the Chairman. (4) All meetings of the corporation shall be held in Hong Kong, either at the College or at such convenient place as shall be agreed upon by the corporation, or named in the notice convening the meeting. (5) The Chairman shall at every meeting or, in his absence, a Chairman elected from amongst those present shall preside. (6) At every meeting the Principal, as Secretary of the corporation, shall act as Secretary. In his absence the Acting Principal shall act as Secretary, or the meeting may appoint a Secretary from amongst those present. (7) The corporation may by resolution passed by two-thirds majority of the members present at any such meeting from time to time make and amend such regulations as they may at their discretion deem desirable for the administration of the corporation and the management of the premises and property of the corporation of whatever description: Provided that no amendment be made to regulation 3, 4, 5, or 6 except with the prior consent of the Diocesan Synod of the Diocese of Hong Kong and Macao, or of its Standing Committee. (8) All other business brought before the meeting shall be decided by a majority of votes of the members present and willing to vote, and in case of an equality of votes the Chairman of the meeting shall have a second or casting vote. (9) Minutes of the proceedings of every meeting of the corporation shall be entered in a book to be kept for that purpose and after confirmation signed by the Chairman of such meeting or of the following meeting, and shall when so entered and signed be prima facie evidence of the facts therein stated. (10) In the case of ordinary meetings, the Secretary of the corporation shall decide the date on which it will be held, and he shall send a notice to each member of the corporation at least seven days before the holding of the meeting. In the case of special meetings the Secretary shall likewise after receipt of the request aforesaid send a notice to each member of the corporation at least seven days before the holding of the meeting. Functions of the corporation The functions of the corporation shall be- (a) to provide and maintain all necessary buildings and lands, furniture, equipment and apparatus for the use of the College; (b) to take all measures necessary for raising funds and for carrying on the work and administering the affairs of the College and the corporation; (c) to recommend to the Bishop for the time being of Victoria, Hong Kong, a suitable candidate for the position of Principal of the College; (d) to appoint from amongst its members an Honorary Treasurer; (e) to appoint an auditor for auditing the accounts of the College; (f) to confirm all appointments of staff made by the Principal and to terminate such appointments; (g) to fix the salaries and emoluments of the Principal, assistant masters, clerks, servants and any other persons employed by the College; (h) to fix the scale of fees and other charges to be paid by the students; (i) to make, revoke and alter regulations for the procedure of the corporation and for the management of the corporation. The Principal (1) The Bishop for the time being of Victoria, Hong Kong, shall, upon the recommendation of the corporation, appoint, or terminate the appointment of the Principal, who shall be a member of the Chung Hua Sheng Kung Hui, or a Church in communion therewith. During the temporary absence of the Principal the corporation may appoint an Acting Principal who shall, while acting, be a member of the corporation. If the corporation shall have failed to recommend a person acceptable to the Bishop for the time being of Victoria, Hong Kong, as the Principal of the College within the period of six months from the date of vacancy of the post the Bishop for the time being of Victoria, Hong Kong, shall have the sole right to appoint the Principal to fill the vacancy. (2) The Principal, or in his absence the Acting Principal, shall be responsible for the appointment of all members of staff, such appointment being subject to confirmation by the corporation; and for the internal management and discipline of the College and shall present a report thereon to the corporation not later than November in each year. (3) The Principal, or in his absence the Acting Principal, shall be responsible for the payment of all receipts of the College into the credit of an account in an approved bank as soon as conveniently may be, and all cheques on this account shall be signed as may be directed from time to time by the corporation. (4) The corporation may at any time and from time to time delegate any of its powers and functions to the Principal. Managers and Supervisor (1) For the purposes of the Education Ordinance (Cap 279), the following members of the corporation shall be registered as Managers of the schools- (a) the Bishop for the time being of Victoria, Hong Kong; (b) the person for the time being occupying the position of Principal of the College; (c) the Vicar for the time being of the Parish in which the College is situated. (2) For the same purposes the Principal of the College shall also be registered as Supervisor of the schools. (3) The registered Managers and Supervisor are legally responsible to Government for the administration of the schools, but in any case in which they must act on behalf of the corporation, they must comply with the regulations and decisions of the corporation. Finance (1) The Honorary Treasurer shall be responsible for the general supervision of the finances. He shall arrange for the accounts to be audited by such person as shall be appointed for that purpose by the corporation and shall present a report thereon to the corporation as soon as possible after the close of the financial year. (2) In every year whenever possible the corporation shall set aside a sum to the credit of a reserve fund as provision for extension, maintaining or replacing buildings, or for unforeseen circumstances. Signature of document (1) All cheques drawn on the banking accounts of the corporation and all orders for payment, promissory notes, and other negotiable instruments made or issued by the corporation shall be signed by the Principal, or in his absence by the Acting Principal, and, in addition, either by the Treasurer of the corporation or the Secretary of the College, or by such other person or persons as the corporation shall from time to time appoint. (2) All other contracts and instruments entered into by the corporation in the ordinary course of business shall be signed by the Chairman and the Principal, or such other person or persons as the corporation shall from time to time appoint. Long title To make provision for the establishment of a trust fund to be known as the Emergency Relief Fund and for the due administration thereof and for purposes connected with the matters aforesaid. [15 June 1962] Preamble WHEREAS- (a) in response to appeals made from time to time, members of the public donated sums of money for the aid and relief of persons who suffered loss as a result of Typhoon Mary, the Hung Hom Valley Hill fire, the Yuen Long floods and the New Kowloon Squatter Area fire, and for the establishment of a fund for community relief; (b) sums of money have been paid thereout for the attainment of the objects of the funds referred to in the first recital and various balances remain; (c) it is considered expedient to establish a single fund to be applied for objects similar to and to include those referred to in the first recital and to vest the said balances together with any further sums which may be donated for these objects in the Director of Social Welfare Incorporated as trustee, and to provide for the administration of the said fund by a committee appointed for that purpose: (Amended 65 of 1973 s. 3) Short title Accounts Cost of administration of the fund This Ordinance may be cited as the Emergency Relief Fund Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委員會) means the committee appointed under section 5. Establishment and vesting of fund (1) There is hereby established a trust fund which is vested in the Director of Social Welfare Incorporated as trustee. The fund shall be known as the Emergency Relief Fund. (Amended 65 of 1973 s. 5) (2) The fund shall consist of the balances of the sums of money referred to in the preamble on 15 June 1962, together with such other moneys and assets as may from time to time be donated to or acquired by the trustee on the trusts hereinafter set out. Objects of the trust fund The trustee shall hold and stand possessed of the fund upon trust to apply the same in such manner and to such extent as the committee may advise for the following objects- (a) to make grants and loans to persons who appear to the committee to be in need thereof as a result of fire, flood, tempest,typhoon or other occurrence which has caused suffering or loss to an extent which, in the opinion of the committee, merits relief; (b) in the like circumstances to provide material assistance in whatever form appears to the committee to be just. Establishment of committee (1) There shall be established a committee to be known as the Emergency Relief Fund Committee. (Amended 65 of 1973 s. 6) (2) The committee shall consist of- (a) the Director of Social Welfare as ex officio member and chairman; (b) the Director of Housing as ex officio member; (c) the Director of Home Affairs, as ex officio member; (d) 2 or more other members not being public servants appointed by the Governor: Provided that the Director of Home Affairs and the Director of Housing, may each appoint a representative to perform their functions at any meeting. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 297 of 1982; 38 of 1988 s. 2; L.N. 262 of 1989; L.N. 621 of 1994) (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment, and may be re-appointed or removed by the Governor at his pleasure. (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 7 and unless so fixed shall be 3 members. (5) The validity of any proceedings of the committee shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereto. Control by committee Subject to the provisions of this Ordinance and the agreement of the trustee, the committee may determine all matters whatsoever touching the administration of the fund and the attainment of the objects thereof. Standing orders (1) The committee may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at meetings; and (c) generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of such standing orders shall be furnished to the Chief Secretary and they shall be subject to disallowance, alteration or amendment by the Governor. (Amended L.N. 226 of 1976) (3) All questions arising at any meeting of the committee shall be decided by a majority of votes of members present, and, in case of an equality of votes, the chairman shall have a casting vote in addition to his original vote. Appointment of officers (1) The committee may from time to time appoint, upon such salary and upon such terms as it may think proper, a secretary, a treasurer and such other officials as it may think necessary for the purpose of carrying out the trusts and may employ any professional person to advise it on any point arising out of or in connection with the said trusts. (2) All salaries and fees of any person or persons so appointed or employed shall be paid by the trustee out of the fund. Investment of moneys The trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the committee may advise, subject, in the case of investments which are not trust investments, to the prior approval of the Financial Secretary and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 March in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 31 December next following the end of such period, or so soon thereafter as the Governor, in his absolute discretion, may allow. (Amended 38 of 1988 s. 3) Cost of administration of the fund The cost of the administration of the fund, other than the salaries and fees paid under the provisions of section 8(2), shall be a charge on the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. Long title To provide for the incorporation of the Council of St. Paul's Co-educational College. [29 June 1962] Short title This Ordinance may be cited as the Council of St. Paul's Co-educational College Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of the Council of St. Paul's Co-educational College approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The Council of St. Paul's Co-educational College shall be a body corporate, and shall have the name of "The Council of St. Paul's Co-educational College", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate St. Paul's Co-educational College; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 14 of 1983 s. 2) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere within the British Commonwealth or in any Hong Kong or British Commonwealth government bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere within the British Commonwealth; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; and (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being, or for carrying into effect the provisions of this Ordinance. Members The corporation shall consist of such members as shall be provided by its constitution. Existing constitution to become constitution of corporation The constitution of the unincorporated Council of St. Paul's Co-educational College in operation at the commencement of this Ordinance shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 8 to sign deeds, documents and other instruments. (2) Notification in accordance with subsection (1) shall be made within 28 days of any amendment or change, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fees as may be payable under any enactment relating thereto. (4) The corporation shall pay such fee for registering any document with any public registry as may be payable under any enactment relating thereto. Sealing of deeds All deeds, documents and other instruments requiring the seal of the corporation shall be signed by the chairman and the secretary of the corporation or by such other person or persons as the corporation shall from time to time appoint and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the establishment of The Hong Kong Institution of Engineers and for matters connected therewith. [5 December 1975] Short title Constitution Particulars to be delivered to the Registrar of Companies Saving This Ordinance may be cited as The Hong Kong Institution of Engineers Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Constitution" (章程) means the constitution of the Institution referred to in section 10 for the time being in force; "Council" (理事會) means the Council of the Institution established under section 7; "Institution" (學會) means The Hong Kong Institution of Engineers incorporated by section 3; "member" (會員) means a person whose name is included in the Register of members for the time being of the Institution; "President" (會長) means the person referred to as President of the Institution in section 7 and any person acting as President in accordance with the provisions of the Constitution; "Register" (名冊) means the Register of members of the Institution kept in accordance with the Constitution; "Secretary" (秘書) means the secretary of the Institution appointed under the provisions of the Constitution; "Society" (協會) means the Engineering Society of Hong Kong registered as such under the Societies Ordinance (Cap 151); "year" (年度) shall mean the financial year of the Institution commencing on 1 April each year and ending on 31 March in the year following except that the period from the establishment of the Institution to 31 March next thereafter shall be deemed to be a financial year. Establishment of The Hong Kong Institution of Engineers (1) There is hereby established a corporation to be known as "The Hong Kong Institution of Engineers" which shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. (2) The Institution shall have a common seal which shall not be affixed except pursuant to a resolution of the Council, and unless provided otherwise in the Constitution, in the presence of a member of the Council and of the Secretary, or such other person appointed in his place by the Council, each of whom shall sign his name. (3) Any document purporting to be duly executed under the common seal of the Institution authenticated in accordance with subsection (2) hereof shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Objects of the Institution The objects of the Institution are, subject to this Ordinance- (a) to promote the general advancement of the science and practice of engineering in all its disciplines and branches; (b) to maintain the integrity and status of the engineering profession and to represent it both to the public and to the Government; (c) to establish and operate technical groups, specialist sections, divisions or colleges within the Institution; (d) to encourage and foster a spirit of friendly collaboration amongst its members and with members of similar institutions or other professional bodies; (e) to hold meetings of the Institution for receiving communications for discussion on subjects bearing upon engineering or upon subjects relating thereto; (f) to facilitate the exchange of information and ideas in relation to various disciplines and branches of engineering and to publish and communicate to members information on all matters in connection with the profession of engineering; (g) to promote the acquisition of that species of knowledge which constitutes the profession of engineer including modern management methods; (h) to establish scholarships and grant prizes; (i) to discourage dishonourable conduct and practices arising in the engineering profession; (j) to do all such other things as are incidental or conducive to the attainment of the above objects as the Council may consider appropriate. Powers of the Institution Subject to this Ordinance the Council may, on behalf of the Institution, do all such things as are necessary for, or incidental or conducive to the better carrying out of the objects of the Institution, and, in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, take on, lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (b) enter into any contract; (c) provide appropriate amenities for members; (d) employ staff; (e) provide residential accommodation for staff and visiting guests; (f) provide or contribute to pensions for staff; (g) act as trustee in relation to pension schemes and funds for scholarships and prizes; (h) borrow money in such manner and on such securities or terms as the Council deems appropriate or expedient; (i) apply for any grant in aid for the functions of the Institution on such conditions as the Council deems appropriate or expedient; (j) invest the funds of the Institution in such manner and to such extent as the Council thinks appropriate or expedient. Vesting of property On the commencement of this Ordinance, the Institution shall succeed to all property, rights, privileges, obligations and liabilities of the Society. Establishment of the Council (1) There is hereby established a Council to be known as the Council of The Hong Kong Institution of Engineers. (2) At the commencement of this Ordinance, the Council shall consist of the persons holding the offices of President, Vice-President, Honorary Secretary, Honorary Treasurer and Honorary Assistant Secretary of the Society immediately before the commencement of this Ordinance, and the persons who were members of the Committee of the Society immediately before the commencement of this Ordinance. (3) The persons specified in subsection (2) shall hold office until the election of officers and members of the Council at the first annual general meeting of the Institution or otherwise in accordance with the provisions of the Constitution. Powers of the Council The management of the Institution shall be vested in the Council and all the powers of the Institution shall be vested in and exercisable by the Council except so far as this Ordinance or the Constitution otherwise requires. Membership The members of the Institution shall be those persons whose names are included in the Register, being- (a) members of the Society at the commencement of this Ordinance; or (b) other persons elected to membership in accordance with the Constitution. Constitution (1) The Council shall, as soon as practicable after the commencement of this Ordinance, adopt a constitution for the Institution. (2) Within 14 days after the commencement of this Ordinance, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution adopted under subsection (1), certified by the President as being a true copy. (3) The Constitution may be amended by the Institution at any time in accordance with its provisions. (4) It shall not be necessary to publish the Constitution or any amendment thereof in the Gazette. Particulars to be delivered to the Registrar of Companies (1) Within 14 days after the commencement of this Ordinance the President shall deliver to the Registrar of Companies for registration- (a) notice of the address of the Institution; (b) a list containing the names and addresses of the members of the Council; (c) the name and address of the Secretary. (2) Within 14 days after the Constitution has been amended at any time under section 10, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution as amended, certified by the President as being a true copy. (3) Within 14 days following any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the President shall deliver notice of change to the Registrar of Companies for registration. (4) Not later than 6 months after the end of each year a statement of income and expenditure during that year and of the assets and liabilities of the Institution on the last day of that year prepared in accordance with the Constitution, and the report of the auditors thereon made under the Constitution shall be delivered by the President to the Registrar of Companies for registration. (5) Any person may inspect any of the documents registered under this section upon payment of such fees as may be prescribed under section 305 of the Companies Ordinance (Cap 32) for the inspection of a document. (6) The Institution shall pay such fees for registering any document under this section as may be specified in the Eighth Schedule to the Companies Ordinance (Cap 32) as if the Institution were a company not having a share capital. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the management of the Yan Chai Hospital and for the incorporation of the Board of Directors of the Hospital. [12 October 1962] Short title Saving This Ordinance may be cited as the Yan Chai Hospital Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Board of Directors" (董事局) means the Board of Directors for the time being of the hospital; "constitution" (章程) means the constitution of the hospital; "hospital" (醫院) means the Yan Chai Hospital. Establishment of Board of Directors and approval of constitution (1) There shall be established a Board of Directors of the hospital, which shall consist of such persons, not being less than 15 nor more than 40 in number, as may be nominated by the Secretary for Health and Welfare. (2) The Secretary for Health and Welfare may at any time remove from office any person nominated under subsection (1), and may nominate some other person to fill the vacancy caused by the removal of such person from office. (3) The Secretary for Health and Welfare shall approve a constitution, which shall thereafter govern, subject to the provisions of this Ordinance, all matters concerning the appointment, resignation or removal of members of the Board of Directors and all other matters concerning the financing, construction and management of the hospital. (4) A copy of the constitution, signed by the chairman of the Board of Directors, shall be filed with the Registrar of Companies. Incorporation The Board of Directors, hereinafter called the corporation, shall be a body corporate subject to the constitution and shall have perpetual succession in the name of the "Yan Chai Hospital", and in that name may sue and be sued and shall have and may use a common seal. Powers of the corporation (1) The corporation shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate in Hong Kong, and also to invest money on mortgage of any lands, buildings, debentures, stocks, funds, shares or securities of any corporation or company carrying on business or having an office in Hong Kong and also to purchase and acquire all goods and chattels of what nature or kind soever. (Amended 74 of 1974 s. 3; 68 of 1995 s. 2) (2) The corporation shall further have power to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages or tenements, mortgages, debentures, stocks, shares, securities, goods or chattels vested in the corporation on such terms as to the corporation may deem fit. (3) The powers conferred by this section shall only be exercised for the purpose of endowing, supporting, maintaining, carrying on or otherwise promoting or furthering the work of the corporation as specified in the articles of the constitution. Amendment of constitution (1) The corporation may from time to time amend the constitution by resolution passed by a majority of not less that three-quarters of the directors for the time being: Provided that the consent in writing of the Secretary for Health and Welfare shall be obtained prior to the introduction of any such resolution. (Amended L.N.370 of 1981; L.N.14 of 1983; L.N.18 of 1983) (2) A copy, signed by the chairman of the Board of Directors, of every such amendment shall within 7 days after the passing of the resolution effecting the same be filed with the Registrar of Companies. Executive committee The constitution shall make provision for the appointment of an executive committee, which shall be responsible for the day to day administration of the hospital; and the corporation shall be deemed to have delegated to such executive committee upon appointment in accordance with the constitution such of its powers and functions as are necessary to enable such committee to carry on efficiently such day to day administration and may in addition thereto delegate to such committee such other of its powers and functions as it may consider appropriate. Use of common seal Any deed, document or other instrument requiring the seal of the corporation shall be sealed with its common seal in the presence of 2 members of the Board of Directors and shall also be signed by them and such signing shall be taken as sufficient prima facie evidence of the due sealing of such deed, document or other instrument. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of the Prior in Hong Kong of the Order of Cistercians of the Strict Observance. [25 April 1963] Short title This Ordinance may be cited as the Prior of the Order of Cistercians of the Strict Observance Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "corporation" (法團) means the body incorporated by section 3. Incorporation The Prior for the time being in the Colony of the Order of Cistercians of the Strict Observance shall be a corporation sole and shall have the name of "The Prior in Hong Kong of the Order of Cistercians of the Strict Observance", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation (1) The corporation shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages, or tenements of what nature or kind soever and wheresoever situate, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation, company or person and also to purchase, acquire and possess vessels and other goods and chattels of what nature and kind soever: Provided that the corporation shall not acquire any immovable property in the Colony unless it has previously obtained the special consent of the Governor in Council in each case. (2) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities or vessels or other goods and chattels, which are for the time being vested in or belong to the corporation upon such terms as to the corporation may seem fit. Succession The legal estate in any property whatsoever transferred to the corporation in any manner whatsoever shall, in the event of the death of the Prior for the time being in Hong Kong of the Order of Cistercians of the Strict Observance or in the event of his ceasing to hold office as such Prior, pass to his successor in such office when appointed. Appointment to office of Prior (1) Whenever any person is appointed to the office of Prior in Hong Kong of the Order of Cistercians of the Strict Observance, such person shall, within three weeks after his appointment or within such further time as may be allowed by the Governor, furnish to the Governor evidence of his appointment as shall be acceptable to the Governor. (2) A notification in the Gazette under the hand of the Chief Secretary that such evidence has been furnished to and accepted by the Governor by such person shall be conclusive evidence of such appointment. (Amended L.N. 226 of 1976) Use of seal All deeds and other instruments requiring the seal of the corporation shall be sealed in the presence of the Prior or his attorney and shall be signed by him or his attorney and such signing shall be sufficient evidence of the due sealing of such deeds and other instruments and all deeds, instruments and other documents and writings requiring the signature of the corporation shall be signed by the Prior or his attorney. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of the Hong Kong Conference of Youth Organizations. [25 April 1963] Short title This Ordinance may be cited as the Hong Kong Conference of Youth Organizations Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "chairman" (主席) means the chairman of the corporation appointed in accordance with the regulations of the Hong Kong Conference of Youth Organizations; "corporation" (法團) means the Hong Kong Conference of Youth Organizations incorporated under section 3; "regulations" (規例) means the regulations of the Hong Kong Conference of Youth Organizations approved from time to time by its members for the time being in accordance with the regulations for the time being in operation. Incorporation The members of the Hong Kong Conference of Youth Organizations shall be a body corporate and shall have the name "Hong Kong Conference of Youth Organizations", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal and may from time to time, break, change, alter and make anew the said seal as the corporation may deem fit. Power of corporation The corporation shall have full power- (a) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (b) to acquire, by purchase or otherwise, goods and chattels of what nature or kind soever; (c) to invest moneys on deposit in any bank in the Colony or in any Government bonds or on mortgage of any lands, buildings, messuages or tenements in the Colony or in or on debentures, debenture-stocks, funds, shares or securities of any corporation or company carrying on business in the Colony; (d) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any lands, or buildings, messuages, tenements, mortgages, debentures, debenture-stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (e) to erect any buildings, messuages or tenements and effect any improvement thereto; (f) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; and (g) generally, to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its regulations or the purposes aforesaid or any of them. Members The corporation shall consist of such members as shall be provided by its regulations. Registration with the Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the principal office of the corporation and any change thereto; (b) a copy of the regulations and any amendment thereto, certified as correct by the chairman; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman; and (d) the name and address of any person appointed under section 7 to sign deeds, documents and other instruments. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of any amendment or change, as the case may be. (3) Any person may inspect any of the documents registered under this section. (4) A fee of $5 shall be payable for registering any document under this section. (5) A fee of $1 shall be payable for inspecting the documents filed with the Registrar of Companies under this Ordinance. Sealing of deeds, documents and other instruments All deeds, documents and other instruments requiring the seal of and sealed by the corporation shall be signed by the chairman and secretary of the corporation or by the chairman or secretary and such other member as the corporation may appoint or by two other members as the corporation may appoint, and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Existing regulations to be regulations of corporation The regulations of the unincorporated Hong Kong Conference of Youth Organizations in operation at the commencement of this Ordinance shall be the regulations of the corporation, but the same may be changed or amended by the corporation at any time and from time to time in accordance with the provisions of the regulations for the time being in operation. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To repeal and replace The Chinese University of Hong Kong Ordinance, to repeal the Chung Chi College Incorporation Ordinance, the Board of Trustees of The United College of Hong Kong Incorporation Ordinance and the New Asia College Incorporation Ordinance and to make new provision concerning the Chung Chi College, The United College of Hong Kong and the New Asia College, to make provision for Shaw College, and for purposes connected therewith. [24 December 1976] Preamble WHEREAS- (a) The Chinese University of Hong Kong was established and incorporated in 1963 by The Chinese University of Hong Kong Ordinance (Cap 1109 1965 Ed.) as a University with a federal constitution; (b) the original Colleges of the University are Chung Chi College, New Asia College and The United College of Hong Kong; (Replaced 59 of 1986 s. 4) (c) it is considered desirable that some of the powers and functions conferred on the said Colleges under their respective constitutions and Ordinances should be vested in The Chinese University of Hong Kong and that the principal role of the said Colleges be the provision of student-orientated teaching under the direction of The Chinese University of Hong Kong; (d) it is also considered desirable to make certain alterations in the constitution of The Chinese University of Hong Kong; (da) the Council of the University has, by special resolution, resolved that Shaw College shall be a constituent College of the University; (Added 59 of 1986 s. 4) (e) it is declared that The Chinese University of Hong Kong, in which the principal language of instruction shall be Chinese, shall continue to- (i) assist in the preservation, dissemination, communication and increase in knowledge; (ii) provide regular courses of instruction in the humanities, the sciences and other branches of learning of a standard required and expected of a University of the highest standing; (iii) stimulate the intellectual and cultural development of Hong Kong and thereby to assist in promoting its economic and social welfare: Short title Committees Appointment of staff Faculties, etc. Statutes Decrees and regulations Degrees and other awards Honorary Degrees Committee Execution and authentication of documents Crown rent (Omitted as spent) This Ordinance may be cited as The Chinese University of Hong Kong Ordinance. Definitions Repeals Repeal of The Chinese University of Hong Kong Ordinance and the Statutes Savings and transitional (1) In this Ordinance, unless the context otherwise requires- "approved course of study" (認可課程) means a course of study approved by the Senate; "Assembly of Fellows" (院務委員會) means the Assembly of Fellows of a constituent College; (Amended 59 of 1986 s. 4) "Board of Trustees" (書院校董會) means the Board of Trustees of a constituent College; (Amended 59 of 1986 s. 4) "Chancellor" (監督), "Pro-Chancellor" (副監督), "Vice-Chancellor" (校長), "Pro-Vice-Chancellors" (副校長) and "Treasurer" (司庫) respectively mean the Chancellor, Pro-Chancellor, Vice-Chancellor, Pro-Vice-Chancellors and the Treasurer of the University; "constituent College" (成員書院) means a constituent College of the University as provided by section 3 and "constituent Colleges" (各成員書院) shall be construed accordingly; (Replaced 59 of 1986 s. 4) "Council" (大學校董會), "Senate" (教務會), "Convocation" (評議會), "Faculties" (學院), "Schools of Studies" (專業學院) and "Boards of Studies" (學務委員會) respectively mean the Council, Senate, Convocation, Faculties, Schools of Studies and Boards of Studies of the University; "Fellow" (院務委員) means a Fellow of a constituent College; (Amended 59 of 1986 s. 4) "graduates" (畢業生) and "students" (學生) respectively mean the graduates and students of the University; "Head" (書院院長) means the Head of a constituent College; (Amended 59 of 1986 s. 4) "members" (成員) means such persons as are prescribed by the Statutes to be members of the University; "officers" (主管人員) means the officers of the University as provided by section 5; "original College" (原有書院) means any of the following- (a) Chung Chi College; (b) The United College of Hong Kong; (c) New Asia College; (Added 59 of 1986 s. 4) "precincts" (院校範圍) means, in relation to the University, the boundaries of Lot No. 725 in Demarcation District 42; "repealed Ordinance" (已廢除條例) means The Chinese University of Hong Kong Ordinance (Cap 1109 1965 Ed.) repealed by section 21; "Statutes" (規程) means the Statutes of the University contained in Schedule 1 as the same may from time to time be amended or replaced under section 13(1); "teacher" (教師) means a member of the full-time teaching staff of the University of the rank of Assistant Lecturer and above; "University" (香港中文大學) means The Chinese University of Hong Kong (香港中文大學) continued under section 4. (2) A special resolution is a resolution passed at one meeting of the Council and confirmed at a subsequent meeting held not less than 1 month nor more than 6 months thereafter and which is approved at each such meeting by- (a) not less than three-fourths of those present and voting; and (b) not less than half the whole membership of the Council. University to have constituent Colleges (1) The constituent Colleges of the University are the original Colleges, Shaw College and such other institutions as may from time to time by Ordinance, in accordance with a special resolution of the Council, be declared to be constituent Colleges of the University. (Amended 59 of 1986 s. 4) (2) No provision in the constitution of any constituent College shall be of effect if it is in conflict with or inconsistent with this Ordinance. (Amended 59 of 1986 s. 4) (3) No person shall be excluded from being a member of the University by reason of sex, race or religion. Continuation of incorporation of the University (1) The constituent Colleges and members of the University shall be or continue to be a body corporate called The Chinese University of Hong Kong (香港中文大學) which shall be the same University as that established by The Chinese University of Hong Kong Ordinance 1963 (28 of 1963). (Amended 59 of 1986 s. 4) (2) The University shall have perpetual succession and may sue and be sued in that name and shall have and may use a common seal and may take by gift or otherwise purchase and hold, grant, demise or otherwise dispose of real or personal estate. (3) No dividend or bonus shall be paid and no gift or division of money shall be made by or on behalf of the University to any of its members except by way of prize, reward or special grant. Officers (1) The officers of the University shall be the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellors, the Treasurer, the Head of each constituent College, the Dean of each Faculty and of the Graduate School, the Secretary, the Registrar, the Librarian, the Bursar and such other persons as may by special resolution be designated as officers. (Amended 59 of 1986 s. 4) (2) The Chancellor shall be the head of the University and may confer degrees in the name of the University. (3) The Governor shall be the Chancellor. (4) The Chancellor may appoint a person to be the Pro- Chancellor of the University; and the Pro-Chancellor shall exercise such powers and perform such duties as may be prescribed in the Statutes. (5) The Vice-Chancellor shall be the chief academic and administrative officer of the University and shall be a member of the Council and the Chairman of the Senate, and may confer degrees in the name of the University. (6) The Council shall appoint, after consultation with the Vice-Chancellor, one or more Pro-Vice-Chancellors from among the regular staff of the University to exercise such powers and perform such duties as the Council may direct. (7) A Pro-Vice-Chancellor shall carry out all the functions and duties of the Vice-Chancellor in the absence of the Vice-Chancellor, except that he may not confer degrees. (8) The manner and period of appointment of the Treasurer shall be prescribed by the Statutes, and his duties shall be such as the Council may determine. Provision for Council, Senate and Convocation There shall be a Council, a Senate and a Convocation whose respective constitutions, powers and duties shall be as prescribed by this Ordinance and the Statutes. Powers and duties of the Council Subject to this Ordinance and the Statutes, the Council shall- (a) be the governing and executive body of the University; (b) have the management and control of the affairs, purposes and functions of the University; (c) have the control and management of the property and financial affairs of the University including the property of the constituent Colleges, but in the exercise of such power of control and management in respect of any immovable property of any constituent College the Council shall not alter the use of any such property without the prior consent of the Board of Trustees of the constituent College concerned; (Amended 59 of 1986 s. 4) (d) make such University appointments as it thinks proper; (e) have power to approve the fees charged by the University in respect of approved courses of study; (f) provide for the custody and use of the University's seal. Powers and duties of Senate Subject to this Ordinance and the Statutes and subject also to review by the Council, the Senate shall have the control and regulation of- (a) instruction, education and research; (b) the conducting of examinations for students; (c) the award of degrees other than degrees honoris causa; (d) the award of diplomas, certificates and other academic distinctions of the University. Composition and function of the Convocation Subject to this Ordinance and the Statutes, the Convocation shall consist of the graduates and such other persons as may be prescribed by the Statutes and may make representations to the Council and the Senate upon any matters affecting or concerning the interests of the University. Committees (1) The Council and the Senate may establish such committees as they think fit. (2) Unless otherwise provided, any committee may consist partly of persons who are not members of the Council or the Senate, as the case may be. (3) Subject to this Ordinance and the Statutes, the Council and the Senate may, subject to such conditions as they may impose, delegate any of their powers and duties to any Board or committee or to any officer. (4) Any committee established under this section may make such Standing Orders, including provision allowing a casting vote to the chairman thereof, for the conduct of meetings as it thinks fit. Appointment of staff Subject to this Ordinance and the Statutes, the Council shall appoint, on such terms and conditions as it thinks fit, the staff of the University. Faculties, etc. (1) The Council may establish such Faculties, Schools of Studies and other institutions as it thinks fit. (2) The Council, on the recommendation of the Senate, may form such institutions for the promotion of study and learning as the Council may from time to time determine. (3) The Senate may establish such Boards of Studies as it may from time to time determine. Statutes (1) The Council may by special resolution make Statutes, subject to the approval thereof by the Chancellor, prescribing or providing for- (a) the administration of the University; (b) the membership of the University; (c) appointments, elections, resignation and retirement and removal of officers and teachers of the University; (d) examinations; (e) the conferring of degrees and the award of other academic distinctions; (f) the composition, powers and duties of the Council and the Senate; (g) the Faculties and Schools of Studies, their membership and functions; (h) the Boards of Studies, their membership and functions; (i) the Convocation; (j) the exercise of any function by the University, the Council, the Senate, the Chancellor, the Pro-Chancellor, the Vice- Chancellor, the Pro-Vice-Chancellors, other officers, teachers and other members; (k) financial procedure; (l) fees payable to the University as a condition of admission to any examinations held by the University or for the conferring of any of the degrees of the University or for the award of any diploma or certificate or other academic distinction or for attendance at a University Extension Course or any similar purpose; (m) the admission, welfare and discipline of students; and (n) generally, the carrying into effect of this Ordinance. (2) The Statutes contained in Schedule 1 shall have effect as if made and approved under subsection (1). Decrees and regulations Subject to this Ordinance and the Statutes, the Council and the Senate may from time to time make decrees and regulations respectively to direct and regulate the affairs of the University. Degrees and other awards The University may- (a) confer such degrees as may be specified in the Statutes; (b) award diplomas and certificates and such other academic distinctions as may be specified in the Statutes; (c) provide such lectures and instruction for persons not being members of the University as the University may determine; (d) confer degrees honoris causa of Master or Doctor in accordance with the Statutes; and (e) subject to the Statutes, deprive any person of any degree conferred or diploma, certificate or other academic distinction awarded by the University. Honorary Degrees Committee There shall be an Honorary Degrees Committee which shall be constituted as provided by the Statutes for the purpose of advising the Council with regard to the award of degrees honoris causa. Execution and authentication of documents Any instrument purporting to be executed under the seal of the University and signed by the Chancellor, Pro-Chancellor, Vice-Chancellor, a Pro-Vice-Chancellor or Treasurer and countersigned by the Secretary shall be received in evidence upon its production without further proof and shall, unless the contrary is proved, be deemed to be an instrument so executed. Crown rent Rent payable to the Crown in respect of all land granted to the University by the Crown shall be limited in total to $10 a year. Repeals (1) The Chung Chi College Incorporation Ordinance (Cap 1081 1964 Ed.), the Board of Trustees of the United College of Hong Kong Incorporation Ordinance (Cap 1092 1964 Ed.) and the New Asia College Incorporation Ordinance (Cap 1118 1967 Ed.) are repealed. (2) Schedule 3 shall have effect with respect to the constitution and powers of the Boards of Trustees of the original Colleges. (Amended 59 of 1986 s. 4) (3) Schedule 4 shall have effect with respect to the constitution and powers of the Board of Trustees of Shaw College. (Added 59 of 1986 s. 4) Repeal of The Chinese University of Hong Kong Ordinance and the Statutes The Chinese University of Hong Kong Ordinance (Cap 1109 1965 Ed.) and the Statutes of The Chinese University of Hong Kong (Cap 1109 sub. leg. 1968 Ed.) are repealed. Savings and transitional (1) The Council and Senate appointed under the repealed Ordinance shall continue to be the Council and the Senate of the University until a new Council and Senate are constituted under the Statutes. (2) No other appointment made under the repealed Ordinance shall be affected by the repeal but shall, unless otherwise varied, continue on the same terms and conditions as if this Ordinance had not been enacted. (3) All property, whether movable or immovable, rights and privileges vested in the University immediately prior to the commencement of this Ordinance shall continue to be vested in the University on the terms and conditions, if any, on which the same were then vested at that date, and the University shall continue to be subject to the obligations and liabilities to which it was subject immediately prior to the commencement of this Ordinance. (4) Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Added 59 of 1986 s. 4) STATUTES OF THE CHINESE UNIVERSITY OF HONG KONG [sections 2 & 13(2)] STATUTE 1 INTERPRETATION In these Statutes, unless the context otherwise requires- "College" (書院) means a constituent College of the University as provided by section 3 and "Colleges" (各書院) shall be construed accordingly; (59 of 1986 s. 4) "Dean" (院長) means the Dean of a Faculty or of the Graduate School, as the case may be; (L.N. 101 of 1995) "Department" (學系) means a Department of a Faculty established by the Council on the recommendation of the Senate and "Departments" (各學系) shall be construed accordingly; (L.N. 452 of 1994) "Graduate School" (研究院) means the Graduate School of the University; (L.N. 101 of 1995) "Ordinance" (條例) means The Chinese University of Hong Kong Ordinance (Cap 1109). STATUTE 2 CONGREGATIONS 1. The time, place and procedure of the Congregations of the whole University shall be determined by the Chancellor. 2. The Chancellor, or in his absence, the Pro-Chancellor or, in the absence of both of them, the Vice-Chancellor, shall preside at Congregations. 3. At least one Congregation shall be held in each academic year. STATUTE 3 MEMBERS OF THE UNIVERSITY The members of the University shall be- (a) the Chancellor; (b) the Pro-Chancellor; (c) the Vice-Chancellor; (d) the Pro-Vice-Chancellors; (e) the Treasurer; (f) the members of the Council; (g) the Heads of the Colleges; (h) the members of the Senate; (i) Emeriti, Honorary and Research Professors; (j) the teachers; (k) the Secretary, Registrar, Librarian and Bursar; (ka) the University Dean of Students; (L.N. 251 of 1988; L.N. 114 of 1991) (l) such other persons holding such other offices or appointments at or made by the University as the Council may from time to time determine; (m) the graduates and such other persons as are entitled in accordance with Statute 18 to have their names placed upon the Convocation roll; (n) the students. STATUTE 4 THE CHANCELLOR 1. The Chancellor, when present, shall preside at Congregations of the University. 2. The Chancellor shall be entitled- (a) to call for information in regard to any matter relating to the welfare of the University from the Vice-Chancellor and the Chairman of the Council, whose duty it shall be to provide such information; and (b) on the receipt of such information to recommend to the Council such action as he deems proper. STATUTE 5 THE PRO-CHANCELLOR 1. The Pro-Chancellor may, on the authorization of the Chancellor and on his behalf, exercise any of the powers or perform any of the duties conferred or imposed on the Chancellor by the Statutes. 2. The Pro-Chancellor may resign by written notice addressed to the Chancellor. STATUTE 6 THE VICE-CHANCELLOR 1. The Vice-Chancellor shall be appointed by the Council after receiving the advice of a committee established by the Council and composed of the Chairman of the Council, 3 members nominated by the Council from among its number and 3 members nominated by the Senate from among its number. 2. The Vice-Chancellor shall hold office for such period and on such terms as may be determined by the Council. 3. The Vice-Chancellor shall- (a) have the right and duty to advise the Council on any matter affecting the policy, finance and administration of the University; (b) be generally responsible to the Council for the maintenance of the efficiency and good order of the University and for ensuring the proper enforcement of the Statutes, decrees and regulations; (c) report to the Senate at its next meeting if he has suspended or expelled any student; (d) have power to appoint a person to discharge the functions and duties of the Pro-Vice-Chancellors, a Dean of a Faculty, the Chairman of a Department, the Secretary, Registrar, the Librarian or the Bursar during a temporary vacancy in any such appointment or during the temporary absence or inability of the holder of any such appointment; (L.N. 452 of 1994) (e) have power in case of emergency to appoint external examiners. STATUTE 7 THE PRO-VICE-CHANCELLORS A Pro-Vice-Chancellor shall hold office for 2 years and may be re-appointed for further periods not exceeding 2 years. STATUTE 8 THE TREASURER The Treasurer shall be appointed by the Council and shall hold office for 3 years, and may be re-appointed and when he is re-appointed he shall hold office for a further period or periods of 3 years. STATUTE 9 THE HEADS OF COLLEGES 1. The Head of each College, other than the first Head, shall be appointed or re-appointed by the Council on the recommendation of a committee consisting of- (a) the Vice-Chancellor, who shall be Chairman; (b) one member of the Board of Trustees of the College for which the Head is to be appointed or re-appointed, elected by the Board; and (c) 6 Fellows of that College elected under paragraph 6(b) of Statute 16 for the purpose by the Assembly of Fellows of that College. 2. The first Head of each College shall be appointed by the Council on the recommendation of the Vice-Chancellor in consultation with the Chairman of the Board of Trustees of the College concerned for such term as the Council shall determine. 3. The Head of a College, other than the first Head, shall be appointed for a period of 4 years and shall be eligible for re-appointment for a maximum of 2 further periods, each of 3 years. 4. The Head of a College shall be responsible for the welfare of the College and the students assigned to it and shall collaborate closely with the Vice-Chancellor in the conduct of the College and its work. 5. The Head of a College shall be the Chairman of the Assembly of Fellows of that College. 6. A Head of a College shall be an academic, but need not be on the academic staff of the University at the time of his appointment. STATUTE 10 THE SECRETARY AND OTHER OFFICERS 1. The Secretary- (a) shall be appointed by the Council on the recommendation of a Board of Advisers; (b) shall be the custodian of the common seal of the University; (c) shall be with the Registrar, the joint custodian of the records of the University; (d) shall be the Secretary of the Council; (e) shall discharge such duties as are specified in the Ordinance and Statutes and such other duties as may be determined by the Council. 2. The Registrar- (a) shall be appointed by the Council on the recommendation of a Board of Advisers; (b) shall keep a register of all members of the University under their respective qualifications as specified in Statute 3; (c) shall be, with the Secretary of the Council, the joint custodian of the records of the University; (d) shall be the Secretary of the Senate; (e) shall discharge such duties as are specified in the Ordinance and Statutes and such other duties as may be determined by the Council and Senate; (f) may exercise his functions as Secretary of the Boards of the Faculties by deputy. 3. The Librarian- (a) shall be appointed by the Council on the recommendation of a Board of Advisers; (b) shall be responsible for administering the library services of the University; (c) shall discharge such duties as may be determined by the Council after consultation with the Senate. 4. The Bursar- (a) shall be appointed by the Council on the recommendation of a Board of Advisers; (b) shall be responsible for the keeping of all University accounts and such inventories as the Council may determine; (c) shall discharge such other duties in connection with University finance and otherwise as may be determined by the Council; (d) shall be Secretary of the Finance Committee. 5. The University Dean of Students- (L.N. 114 of 1991) (a) shall be appointed by the Council on the recommendation of the Vice-Chancellor; (b) shall hold office for such period as may be determined by the council; (c) shall be responsible to the Vice-Chancellor for such duties in Council; (d) may be designated as an officer. (L.N. 251 of 1988) STATUTE 11 THE COUNCIL 1. The Council shall consist of- (a) the Chairman, who shall be appointed by the Chancellor on the nomination of the Council from persons under subparagraphs (k), (l), (m) and (n); (b) the Vice-Chancellor; (c) the Pro-Vice-Chancellors; (d) the Treasurer; (da) life members appointed by the Council; (L.N. 31 of 1981) (e) 2 members elected by the Board of Trustees of each College from among its own members; (f) the Head of each College; (g) the Dean of each Faculty and of the Graduate School; (h) one Fellow of each College elected by the College's Assembly of Fellows; (i) 3 members elected by the Senate from among the academic members of the Senate; (j) (Repealed L.N. 481 of 1997) (k) 6 persons nominated by the Chancellor; (L.N. 481 of 1997) (l) 3 persons elected by the Unofficial Members of the Legislative Council, other than Official Members, from among their own number; (67 of 1987 s. 2) (m) not more than 6 other persons, normally resident in Hong Kong; who shall be elected by the Council; (L.N. 481 of 1997) (n) after a date to be appointed by the Council, such number of members of the Convocation not exceeding 3 as shall be determined by the Council from time to time, to be elected by the Convocation in the manner determined by the Council. 2. (1) Persons who hold appointments in the University shall not be eligible for nomination or election under paragraph 1(k), (l), (m) or (n). (2) (Repealed L.N. 481 of 1997) 3. The Chairman of the Council shall hold office for 3 years and may be re-appointed for further periods of 3 years. 4. (1) The nominated and elected members of the Council shall hold office for 3 years from the date of their nomination or election and shall be eligible for re-nomination or re-election: Provided that a member elected under subparagraphs (e), (h), (i), (l) or (n) of paragraph 1 shall cease to be a member of the Council if he ceases to be a member of the body from among whose members he was elected. (L.N. 438 of 1993) (1A) If an elected member of the Council ceases to be a member under the proviso to subparagraph (1), the body which elected him shall duly elect a successor whose membership of the Council shall be for a period not exceeding 3 years. The successor shall be eligible for re-election to which subparagraph (2) shall apply. (L.N. 438 of 1993) (2) A body re-nominating or re-electing a member may re-nominate or re-elect, as the case may be, such member for a period of 3 years or for a period of less than 3 years. (L.N. 20 of 1988) 5. Should a nominated or elected member of the Council die or resign during his period of membership, the body which nominated or elected him shall duly nominate or elect, as the case may be, a successor whose membership of the Council shall be for the unexpired period of membership of his predecessor. Such successor shall be eligible for re-nomination or re-election, and paragraph 4(2) shall apply thereto. (L.N. 20 of 1988) 6. Members of the Council whose membership derives from paragraph 1(b), (c), (d), (f) and (g) shall remain members of the Council for so long as they hold the office or appointment by reason of which they became members of the Council. 7. The Council shall elect from among its members a Vice-Chairman who shall hold office for a period of 2 years and who may be re-elected. 8. Subject to the Ordinance and the Statutes and without derogating from the generality of its power, it is specifically prescribed- (1) that the Council shall have the power- (a) to make Statutes, provided that no Statute shall be made until the Senate shall have had an opportunity of reporting thereon to the Council; (b) to make decrees for any purpose for which decrees are or may be authorized to be made, provided that no decree shall be made until the Senate shall have had an opportunity of reporting thereon to the Council; (c) to invest any money belonging to the University; (d) to borrow money on behalf of the University; (e) to sell, buy, exchange, lease or accept leases of any real or personal property on behalf of the University; (f) to enter into, vary, perform and cancel contracts on behalf of the University; (g) to require the Board of Trustees of each College annually to produce its audited accounts in such form and at such time as the Council may determine; (h) to receive from public sources grants for capital and recurrent expenditure; (i) to receive annually and for such longer periods as the Council may determine from time to time from the Vice-Chancellor, after he has consulted the Senate, and to approve, estimates of expenditure; (j) to receive gifts and to approve, subject to such conditions as the Council thinks fit, the receipt of gifts by the Colleges; (k) to provide for the welfare of persons employed by the University and the wives, widows and dependants of such persons, including the payment of money, pensions, or other payments and to subscribe to benevolent and other funds for the benefit of such persons; (l) to provide for the discipline and welfare of students; (m) to recommend the award of degrees honoris causa; (n) after report from the Senate to establish additional Faculties or Departments or to abolish, combine or subdivide any Faculty or Department; (L.N. 452 of 1994) (na) on the recommendation of the Senate, to determine the organization or structure of each Faculty and its Departments and to make such alterations to such organization or structure as deemed fit by the Council; (L.N. 452 of 1994) (o) to prescribe fees of the University; (2) that it shall be the duty of the Council- (a) to appoint bankers, auditors and any other agents whom it deems expedient to appoint; (b) to appoint an Administrative and Planning Committee; (c) to cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University so that such books give a true and fair statement of financial transactions and position of the University; (d) to cause the accounts of the University to be audited within 6 months after the termination of each financial year as the Council may determine; (e) to provide the buildings, libraries, laboratories, premises, furniture, apparatus and other equipment needed for the University; (f) in consultation with the Senate to encourage and provide for research by members of the University; (g) to review the instruction and teaching in courses of study leading to degrees, diplomas, certificates and other awards of the University; (h) after consultation with the Senate, to institute all teaching posts; (i) to administer or cause to be administered a Superannuation Fund or Funds for the benefit of persons employed by the University; (j) to establish Boards of Advisers and to appoint external experts thereto on the recommendation of the Senate; (k) to appoint on such terms and conditions as the Council may determine each Professor, Reader and Senior Lecturer and the Secretary, the Registrar, the Librarian and the Bursar on the recommendation of duly constituted Boards of Advisers; (l) to make, on such terms and conditions as the Council may determine, such other University appointments as the Council deems necessary; (m) on the recommendation of the Senate, to appoint a Chairman for each Department and a Director of Studies for each academic subject not subsumed under a Department; (L.N. 452 of 1994) (n) to appoint external examiners on the recommendation of the Senate; (o) to provide for the printing and publication of works which may be issued by the University; and (p) to consider reports from the Senate, and if the Council deems it proper to do so, to take action thereon. 9. The Council shall meet at least 3 times in each academic year and additionally on the written request of the Chairman of the Council or the Vice-Chancellor or any 5 members of the Council. 9A. The Council may transact any of its business by circulation of papers, and unless the Vice-Chancellor or 5 members of the Council in writing request the Chairman of the Council to refer any particular item of the business being so transacted to the next meeting of the Council, a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council. (L.N. 256 of 1998) 10. 7 days' notice in writing of any meeting of the Council shall be sent by the Secretary to each person entitled to receive notice of the meeting with the agenda thereof, and no business not included in the agenda shall be transacted if the Chairman or any 2 members present object. 11. The Council may make for the proper conduct of its business Standing Orders which it may amend or rescind by simple majority at any of its meetings provided that not less than 7 days' notice has been given in writing by the Secretary to members of the Council of the proposal so to amend or rescind. 12. The quorum at any meeting of the Council shall be 12. STATUTE 12 FINANCIAL PROCEDURE 1. The Council shall fix the financial year. 2. There shall be a Committee of the Council known as the Finance Committee, which shall consist of- (a) the Treasurer, who shall be Chairman; (b) the Vice-Chancellor or his representative; (c) the Head of each College; and (d) 3 other persons, including persons who are not members of the Council, as the Council shall appoint. There shall be referred to the Finance Committee all matters within the jurisdiction of the Council which have important financial implications. 3. The Finance Committee shall submit to the Council, before the beginning of the financial year, draft estimates of income and expenditure of the University and such estimates, amended as the Council may think fit, shall be approved by the Council before the beginning of the financial year. 4. The estimates shall show the income and expenditure of the University and the estimated surplus or deficit for the year. The estimated expenditure shall be shown under votes, heads and (where applicable) sub-heads. Any transfer between votes or heads shall require the sanction of the Finance Committee. Any transfer between sub-heads shall require the sanction of the Vice-Chancellor and the Treasurer, with the exception of transfers between sub-heads solely concerning a College, which shall require the sanction of the Head of that College, subject to any rules and directions that the Finance Committee may issue. 5. The Finance Committee shall report to the Council, at such times as the Council may determine, any transfer between votes or heads. The Council may revise the estimates during the course of the financial year. 6. As soon as practicable after the end of the financial year, a balance sheet and income and expenditure account with supporting schedules shall be submitted to the auditors. 7. The audited accounts, with any comments thereon made by the auditors, shall be submitted to the Council. 8. Nothing in this Statute shall deprive the Council of power to invest surpluses or prospective surpluses at any time. STATUTE 13 THE ADMINISTRATIVE AND PLANNING COMMITTEE 1. There shall be a Committee of the Council known as the Administrative and Planning Committee, which shall consist of- (a) the Vice-Chancellor, who shall be the Chairman; (b) the Pro-Vice-Chancellors; (c) the Head of each College; (d) the Dean of each Faculty and of the Graduate School; (e) the Secretary; (f) the Registrar; and (g) the Bursar. The Secretary or his deputy shall serve as secretary of the Committee. 2. Subject to the Ordinance and the Statutes, it shall be the duty of the Administrative and Planning Committee- (a) to assist the Vice-Chancellor in the performance of his duties; (b) to initiate plans of University development; (c) to assist the Vice-Chancellor in reviewing and co-ordinating the annual and supplementary estimates of recurrent and capital expenditures of the University, before transmitting them to the Finance Committee of the Council; (d) to review or propose academic and administrative appointments that are at and above the level of Tutors and Demonstrators or their equivalent before these appointments are made; (e) to deal with other matters referred to it by the Council. 3. The Administrative and Planning Committee shall report to the Council through the Vice-Chancellor. STATUTE 14 THE SENATE 1. The Senate shall consist of- (a) the Vice-Chancellor who shall be Chairman; (b) the Pro-Vice-Chancellors; (c) the Head of each College; (d) the Dean of each Faculty and of the Graduate School; (e) the Professors, or the Readers in each Department in which there is no professor; (L.N. 452 of 1994) (f) the Chairman of each Department and the Directors of Studies if not a member under subparagraph (e); (L.N. 452 of 1994) (g) 6 Fellows, 2 being elected by its Assembly of Fellows from each College; (L.N. 25 of 1987) (h) the Registrar; (i) the Librarian; (L.N. 452 of 1994) (j) the University Dean of Students; (L.N. 251 of 1988; L.N. 114 of 1991) (k) the President of the University Students Union; (L.N. 251 of 1988) (l) 1 student of each Faculty of the University elected by, and from among, full-time students in that Faculty pursuing approved courses of study for a degree of the University. (L.N. 175 of 1996) 2. Members of the Senate (other than Fellows and student members elected under paragraph 1(l) shall remain members of the Senate for so long as they hold the office or appointment by reason of which they became members of the Senate. (L.N. 251 of 1988) 3. (a) Fellows elected under paragraph 1(g) shall hold office for 2 years from the date of their election and shall be eligible for re-election provided that they shall cease to be members of the Senate if they cease to be assigned to the College by whose Assembly of Fellows they were elected. Should an elected member die or resign from the Senate or cease to be a Fellow within the College by whose members he was elected a successor shall be duly elected who shall be a member of the Senate for the unexpired period of membership of his predecessor. (b) Student members under paragraph 1(l) shall be elected in such manner as may be determined by the Senate. (L.N. 251 of 1988) (c) Student members elected under paragraph 1(l) shall hold office for a period of one year and shall be eligible for re-election provided that no student shall be a member of the Senate for more than 2 consecutive terms of office. If a student member resigns or ceases to be a member of the Senate and his unexpired period of membership is 6 months or longer, than a successor shall be elected in accordance with subparagraph (b) for that unexpired period of membership, but if his unexpired period of membership is shorter than 6 months, then no successor shall be elected for that unexpired period of membership. (L.N. 251 of 1988) (d) A student member shall cease to be a member of the Senate if he ceases to be a registered student of the University or if he is suspended form pursuing full-time study at the University. (L.N. 251 of 1988) 4. Subject to the Ordinance and Statutes, the Senate shall have the following powers and duties- (a) to promote research by members of the University; (b) to regulate the admission of persons to approved courses of study and their attendance at such courses; and to assign students to Colleges with due regard to the preferences of both the students and the Colleges; (c) to direct and regulate the instruction and teaching in approved courses of study and to conduct the examinations leading to degrees, diplomas, certificates and other awards of the University; (d) to consider, upon the advice of the Assembly of Fellows of each College, measures necessary for the conduct of student-orientated teaching, and to consider also measures necessary for the conduct of subject-orientated teaching; (e) to make, after report from the Faculties concerned, all regulations for giving effect to the Statutes and decrees relating to approved courses of study and examinations; (f) to appoint internal examiners after report from the Boards of the Departments concerned; (L.N. 452 of 1994) (g) to recommend after report from the Boards of the Departments concerned external examiners for appointment by the Council; (L.N. 452 of 1994) (h) to recommend the conferment of degrees (other than degrees honoris causa) and to award diplomas, certificates and other distinctions; (i) to fix, subject to any conditions made by the donors and accepted by the Council, the times, the mode and the conditions of competition for University scholarships, bursaries and prizes, and to award the same; (j) to recommend to the Council the institution, abolition or holding in abeyance of all teaching posts and the assignment of teachers to a College after consultation with the Assembly of Fellows (where one has been established) of the College concerned; (L.N. 25 of 1987) (k) to recommend to the Council external experts to serve as members of Boards of Advisers; (L.N. 100 of 1984) (l) to report to the Council on all Statutes and Decrees and proposed changes thereof; (m) to report to the Council on any academic matter; (n) to discuss any matter relating to the University and to report its views to the Council; (o) to report to the Council on any matters referred to the Senate by the Council; (p) to consider estimates of expenditure prepared in respect of the University, and to report thereon to the Council; (q) to formulate, modify or revise schemes for the organization of Faculties and to assign to such Faculties their respective subjects; also to report to the Council on the expediency of establishing at any time other Faculties or as to the expediency of abolishing, combining or sub-dividing any Faculties; (r) (Repealed L.N. 452 of 1994) (s) to supervise the libraries and laboratories; (t) to require any undergraduate or student on academic grounds to terminate his studies at the University; (u) to determine- (i) the academic year which shall be a period not exceeding 12 consecutive months, and (ii) the academic terms which shall be part of an academic year; (v) to exercise such other powers and perform such other duties as the Council may authorize or require. 5. The Senate shall hold at least 3 meetings in each academic year and additionally at any time at the direction of the Chairman or on the written request of any 10 members of the Senate. (L.N. 251 of 1988) 5A. (a) Student members of the Senate and of such committees and other bodies at the Senate may establish shall not be entitled to participate in that part of meetings considering reserved areas of business or have access to or read papers or any other documents relating thereto. (L.N. 478 of 1996) (b) The reserved areas of business are the following- (i) matters affecting the appointment, promotion and other affairs relating to teachers and members of the University staff as individuals; (ii) matters affecting the admission and academic assessment of students as individuals; (iii) expenditure estimates and other matters concerning the finances of the University. The Chairman of the Senate or the Chairman of the committee or other body established by the Senate, as the case may be, may decide in any case of doubt whether or not a matter falls within one of the reserved areas of business referred to above and his decision shall be final. (L.N. 251 of 1988) 6. 7 days' notice in writing of any meeting of the Senate shall be sent by the Registrar to each person entitled to receive notice of the meeting with the agenda therefor and no business not on such agenda shall be transacted if the Chairman or any 4 members present object. (L.N. 251 of 1988) 7. The Senate may make for the proper conduct of its business Standing Orders which it may amend or rescind by simple majority at any of its meetings provided that not less than 7 days' notice has been given in writing by the Registrar to members of the Senate of the proposal so to amend or rescind. 8. The quorum at any meeting of the Senate be 24. (L.N. 251 of 1988) STATUTE 15 THE FACULTIES AND THE GRADUATE SCHOOL 1. The Vice-Chancellor shall be a member of each Faculty. (L.N. 452 of 1994) 2. Each teacher shall be assigned by the Senate to a Faculty or Faculties and shall be a member of such Faculty or Faculties during the tenure of his appointment. 3. The members of each Faculty shall elect, in such form and manner as may be determined by the Senate, a Dean of their Faculty from among the members of their Board of Faculty who hold the rank of Senior Lecturer or above; and a Dean so elected shall hold office for a term of 3 years. 4. Subject to paragraph 3- (a) the Dean of any Faculty shall be eligible for re-election for a second and a third consecutive term of office but if he does not seek re-election or is not re-elected he shall not be eligible for another term of office until 2 years after he ceases to be Dean; (b) any person who is Dean of any Faculty for 3 consecutive terms of office shall not be eligible for another term of office until 2 years after he ceases to be Dean. (L.N. 67 of 1987, L.N. 267 of 1993) Subparagraphs (a) and (b) shall also apply to any person who is elected to a further term of office as Dean of any Faculty 2 or more years after he has ceased to be Dean. (L.N. 267 of 1993) 5. Each Faculty shall meet at least once a year, and shall have the power to discuss any matters relating to the Faculty and to express its opinion thereon to the Senate. 6. A Board of Faculty shall be established for each Faculty and shall consist of- (a) the Vice-Chancellor; (b)-(c) (Repealed L.N. 452 of 1994) (d) the Dean, who shall be Chairman; (e) the Chairman of each Department within the Faculty; (L.N. 452 of 1994) (f) other Professors, Readers and Directors of Studies within the Faculty; (g) one representative of each Assembly of Fellows who shall be a member of the Faculty; (L.N. 452 of 1994) (h) 2 Senior Lecturers elected by the Senior Lecturers within the Faculty; (i) 4 Lecturers or Assistant Lecturers elected by the Lecturers and Assistant Lecturers within the Faculty. 7. The Board of Faculty shall co-ordinate the activities of the Departments within the Faculty and it shall be its function to consider and deal with the recommendations of the Departments- (L.N. 452 of 1994) (a) on the content of courses for the degree or degrees; and (b) on the details of syllabuses. 8. The Dean of the Graduate School shall be appointed by the Council on the recommendation of the Vice-Chancellor for a period to be determined by the Council. 9. The Council of the Graduate School shall consist of- (a) the Dean of the Graduate School, who shall be Chairman; (b) the Deans of the Faculties; (c) the Heads of the Divisions in the Graduate School; (d) the Librarian; (e) the Master of the Postgraduate Hall Complex. 10. Subject to the Ordinance and the Statutes, the Council of the Graduate School shall have the following powers and duties- (a) to advise the Senate on all graduate programmes of studies; (b) to co-ordinate the activities of the Divisions within the Graduate School; (c) to consider and deal with the recommendations of the various Divisions on the content of courses and on the details of syllabuses. STATUTE 16 FELLOWS 1. The Council shall initially appoint 6 Fellows for each College on the recommendation of a Committee consisting of- (a) the Vice-Chancellor, who shall be Chairman; (b) 3 Professors, Readers or Senior Lecturers nominated by staff in those grades, who are on the existing staff of that College; and (c) 3 Lecturers or Assistant Lecturers nominated by staff in those grades, who are on the existing staff of that College. At least 3 of the 6 Fellows so appointed shall be drawn from the existing staff of that College. 2. The Fellows of each College appointed under paragraph 1, together with the Head of the College, shall form an Assembly of Fellows for that College. 3. The Head of a College shall be the Chairman of the Assembly of Fellows of that College. 4. Subject to paragraph 6, the Assembly of Fellows of each College may elect additional Fellows to that Assembly from the academic staff of the University who have been assigned to the College concerned. 5. A Fellow shall hold office for 5 years and shall be eligible to hold office again as a Fellow. 6. The Assembly of Fellows of each College shall- (a) elect one of their number to be a member of the Council; (b) when necessary, elect 6 Fellows of varying academic seniority for the purposes of serving on the Committee constituted under paragraph 1 of Statute 9; (c) be responsible for- (i) arranging the tutorial instruction, pastoral counselling and student-orientated teaching of the students assigned to the College; (ii) the supervision of residential accommodation for certain students at the College; and (iii) the maintenance of discipline within the College. 7. An Assembly of Fellows may make Standing Orders for the proper conduct of its business. STATUTE 17 THE DEPARTMENTS 1. Each Department shall consist of the Vice-Chancellor and all the teachers assigned to the Department. 2. The Chairman of each Department shall be appointed by the Council on the recommendation of the Senate for such period as may be determined by the Council. 3. (1) A Board shall be established for each Department and shall consist of- (a) the Vice-Chancellor; (aa) the Dean of any Faculty to which the Department is affiliated; (L.N. 101 of 1995) (b) the Chairman of the Department, who shall be Chairman of the Board; and (c) all of the teachers assigned to the Department. (2) On the approval of the Senate, teachers of other Departments who contribute substantially to the teaching of students pursuing courses of study within the purview of a Department and are nominated by the Board of the Department become members of the Board. (3) At the discretion of the Board of the Department, the Board may nominate such students as the Board deems fit as student members for such period as the Board may in its absolute discretion determine, provided that such student members shall not be entitled to participate in that part of meetings considering reserved areas of business or have access to or read papers or any other documents relating thereto. For the purpose of this Statute, reserved areas of business are the same as those referred to in paragraph 5A(b) of Statute 14. The Chairman of the Board may decide in any case of doubt whether or not a matter falls within one of the reserved areas of business referred to above and his decisions shall be final. (L.N. 478 of 1996) 4. It is the duty of the Board of a Department to advise the Senate on the courses of study within the purview of the Department, on the appointment of internal and external examiners and on other matters that the Senate may request. 5. A Department shall perform such other functions and duties as may be determined from time to time by the Council on the recommendation of the Senate. (L.N. 452 of 1994) STATUTE 18 THE CONVOCATION 1. There shall be a Convocation of the University which shall consist of all persons whose names appear on the Convocation roll. 2. All persons who are graduates of the University shall be entitled to have their names entered on the Convocation roll: Provided that persons on whom a degree honoris causa has been conferred shall not solely by reason thereof be members of Convocation, but may be elected by Convocation to be members thereof. 3. Any person who obtains a diploma issued by the Post-Secondary Colleges Joint Diploma Board in the academic year of establishment of the University shall be entitled to have his name entered on the Convocation roll. 3A. Any person who had been admitted as a registered student of an original College before the date of establishment of the University, pursued a course of study of not less than 4 years' duration in that original College, and obtained a diploma issued by that original College or by the Post-Secondary Colleges Joint Diploma Board on satisfactory fulfilment of all the requirements prescribed therefor may register with the Registrar of the University to have his name entered on the Convocation roll. (L.N. 167 of 1993) 3B. Any person who has attended an approved course of study for not less than 1 academic year after admission as a registered postgraduate student to a Faculty or a School and has been awarded a postgraduate diploma by the Senate on satisfactory fulfilment of all the requirements prescribed therefor may register with the Registrar of the University to have his name entered on the Convocation roll. (L.N. 167 of 1993) 4. The Convocation shall from its own members elect a Chairman and may elect a Vice-Chairman who shall respectively hold office for such periods as the Convocation may determine. No member shall be eligible for election as Chairman or Vice-Chairman unless he is normally resident in Hong Kong. Any retiring Chairman or Vice-Chairman shall be eligible for re-election. 5. In case of any casual vacancy in the office of Chairman or Vice-Chairman, the Convocation shall elect one of its members to fill the vacancy and the person so elected shall hold office for the remainder of the term for which his predecessor was appointed. 6. (Repealed L.N. 243 of 1994) 7. (1) Subject to subparagraph (2), the Convocation shall from a date to be appointed by the Council elect such number of members of the Convocation not exceeding 3 as the Council shall from time to time determine to be members of the Council. (2) No member of the Convocation shall be eligible for election under subparagraph (1) to serve, or continue to serve, as a member of the Council if he is or becomes a member of the University by virtue of Statute 3, unless he is such a member by virtue of paragraph (m) only, and not at the same time such a member by virtue of any other paragraph, of that Statute, but, save as aforesaid, a member of the Convocation elected under subparagraph (1) shall continue to be a member of the Council, and shall be eligible for re-election, notwithstanding his being a member of the University by virtue of paragraphs (f) and (m) of Statute 3 at the same time so long as he is such a member of the Council by virtue of paragraph 1(n) of Statute 11 only, and not at the same time a member of the Council by virtue of any other paragraph of that Statute. (L.N. 327 of 1996; L.N. 481 of 1997) 8. The Convocation shall, after a date to he determined by the Council, meet at least once in each calendar year and notice of such meeting shall be given 4 weeks before the date of meeting. Any member desiring to bring forward any business thereat shall forward a statement in writing to reach the Secretary of the Convocation at least 2 weeks before the date of meeting, setting forth in the form of motions the subject or subjects proposed for consideration. (L.N. 548 of 1994) 9. The quorum at any meeting of the Convocation shall be as prescribed by the Council after report from the Convocation. 10. The constitution, functions, privileges and other matters relating to the Convocation shall be subject to the approval of the Council. STATUTE 19 ACADEMIC STAFF The academic staff of the University shall consist of- (a) the Vice-Chancellor; (b) the Pro-Vice-Chancellors; (c) the Head of each of the Colleges; (d) the teachers; (e) the Librarian; and (f) such other persons as the Council on the recommendation of the Senate may prescribe. STATUTE 20 APPOINTMENT OF ACADEMIC AND SENIOR ADMINISTRATIVE STAFF 1. There shall be Boards of Advisers which shall make recommendations to the Council concerning the appointment of academic and senior administrative staff. Recommendations concerning the appointment of academic staff shall conveyed through the Senate. 2. The Board of Advisers for each appointment of Professor, Reader and Senior Lecturer shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) one member of the Council appointed by the Council, who is not a member of the College to which the appointee will be assigned; (c) 2 members of the Senate, appointed by the Senate, who are not members of the College to which the appointee will be assigned; (d) the Head of the College to which the appointee will be assigned; (e) the Chairman of the Department in which the appointment is to be made, except that no such Chairman shall serve on a Board that is concerned with a post senior to his own post; and (L.N. 452 of 1994) (f) 2 external experts. 3. The Board of Advisers for each appointment of Lecturer shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) one member of the Council appointed by the Council, who is not a member of the College to which the appointee will be assigned; (c) 2 members of the Senate appointed by the Senate, who are not members of the College to which the appointee will be assigned; (d) the Head of the College to which the appointee will be assigned; (e) the Chairman of the Department in which the appointment is to be made; and (L.N. 452 of 1994) (f) if considered necessary or desirable by the Council, one external expert. (L.N. 267 of 1993) 4. The Board of Advisers for each appointment of Assistant Lecturer shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) one member of the Council appointed by the Council, who is not a member of the College to which the appointee will be assigned; (c) one member of the Senate appointed by the Senate, who is not a member of the College to which the appointee will be assigned; (d) the Head of College to which the appointee will be assigned; (e) the Chairman of the Department in which the appointment is to be made. (L.N. 452 of 1994) 5. The Board of Advisers for the appointment of the Librarian shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) one member of the Council appointed by the Council; (c) 2 members of the Senate appointed by the Senate; and (d) 2 external experts. 6. The Board of Advisers for the appointment of the Secretary and the Registrar shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) the Chairman of the Council or in his absence a person appointed by the Council; (c) one other member of the Council appointed by the Council; and (d) 2 members of the Senate appointed by the Senate. 7. The Board of Advisers for the appointment of the Bursar shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) the Treasurer; (c) one member of the Council appointed by the Council; and (d) 2 members of the Senate appointed by the Senate. 8. The Boards of Advisers constituted under paragraphs 4 and 6 may, for the purposes of making any recommendation, consult an external expert. 9. For the purposes of this Statute an external expert shall be appointed by the Council and shall not be a member of the staff of the University. 10. No person shall be recommended for appointment to any post in respect of which the relevant Board of Advisers includes an external expert or experts unless that expert, or if there are two, those experts certify in writing that the person to be recommended is of the required academic or professional standing. 11. Where, in relation to any recommendation for appointment to any post, the Board of Advisers has 2 external experts and those experts are unable to agree over the recommendation, the matter shall be referred to the Administrative and Planning Committee, who may determine the dispute. STATUTE 21 HONORARY AND EMERITUS PROFESSORS 1. The Council may appoint Honorary Professors and may award the title of Emeritus Professor to any Professor who has retired from office provided that such appointment or award is recommended by the Senate. 2. An Honorary or Emeritus Professor shall not ex officio be a member of the Senate or of any Faculty or of any Department. (L.N. 452 of 1994) STATUTE 22 RETIREMENT OF CERTAIN OFFICERS AND ACADEMIC STAFF The Vice-Chancellor, the Pro-Vice-Chancellors and all other salaried officers and teachers- (a) shall vacate their offices or appointments by 31 July following the date on which they attain the age of 60 years unless the Council by a vote of at least two-thirds of the number of members present shall request any such person to continue in his office or appointment for such period thereafter as it shall from time to time determine; or (b) may retire, or upon the direction of the Council shall retire, at any time after attaining the age of 55 and before attaining the age of 60. STATUTE 23 RESIGNATIONS Any person wishing to resign from any office or membership of any body shall do so by notice in writing. STATUTE 24 REMOVAL FROM OFFICE, MEMBERSHIP OR APPOINTMENT 1. The Council may for good cause as defined in paragraph 2 remove the Treasurer from his office and any member of the Council other than the Chairman and any person appointed under paragraph 1(k) and (1) of Statute 11 from his membership of the Council. 2. "Good cause" (好的因由) in paragraph 1 means- (a) conviction of any crime which shall be judged by the Council to be of an immoral, scandalous or disgraceful nature; (b) actual physical or mental in capacity which shall be judged by the Council to prevent the proper execution of the duties of the officer or membership; or (c) any conduct which shall be judged by the Council to be of an immoral, scandalous or disgraceful nature. 3. The Council may for good cause as defined in paragraph 5 remove from their appointments the Vice-Chancellor, the Pro-Vice-Chancellors, the Head of each of the Colleges, any of the Professors or Readers or Senior Lecturers, the Secretary, the Registrar, the Librarian, the Bursar and any other person holding an academic or administrative appointment made by the Council. 4. The Council may and shall if requested by the person concerned or by any 3 members of the Council before such removal appoint a committee consisting of the Chairman of the Council, 2 other members of the Council and 3 members of the Senate to examine the complaint and to report to the Council thereof. 5. "Good cause" (好的因由) in paragraph 3 means- (a) conviction of any crime which the Council after consideration if necessary of a report of the committee referred to in paragraph 4 shall consider to be of an immoral, scandalous or disgraceful nature; (b) actual physical or mental in capacity which the Council after consideration if necessary of a report of the committee referred to in paragraph 4 shall consider to be such as to render the person concerned unfit for the execution of the duties of his office or appointment; (c) conduct of an immoral, scandalous or disgraceful nature which the Council after consideration if necessary of a report of the committee referred to in paragraph 4 shall consider to be such as to render the person concerned unfit to continue to hold his office or appointment; (d) conduct which the Council after consideration if necessary of a report of the committee referred to in paragraph 4 shall consider to be such as to constitute failure or inability to perform the duties of his office or appointment or to comply with the conditions of the tenure of his office or appointment. 6. Subject to the terms of his appointment no person referred to in paragraph 3 shall be removed from his appointment save for good cause as defined in paragraph 5 and in pursuance of the procedure specified in paragraph 4. STATUTE 25 THE STUDENTS AND ASSOCIATE STUDENTS 1. No student shall be permitted to pursue an approved course of study for a Bachelor's degree of the University unless he shall have- (a) been admitted by and to the University; (b) been registered as a matriculated student of the University; and (c) satisfied such other requirements for admission to the course as shall have been prescribed by regulation. 2. No student shall be permitted to pursue an approved course of advanced study or research leading to a certificate, diploma or higher degree of the University unless he shall have- (a) been admitted by and to the University; (b) been registered as an advanced student of the University; and (c) satisfied such other requirements for admission to the course as shall have been prescribed by regulation. 3. No student shall be permitted to pursue an approved course of study or research not leading to a degree or diploma of the University unless he shall have- (a) been registered as an associate student of the University; and (b) satisfied such other requirements for admission to the course as shall have been prescribed by regulation. 4. Each student shall be subject to the disciplinary control of the University. 5. The University may demand and receive from any student such fees as the Council may from time to time determine. 6. The Senate shall from time to time determine the requirements which an applicant must fulfil for matriculation as a student of the University. 7. There may be a University Students Union. The constitution shall be subject to the approval of the Council. 8. There may be a Students Union for each College. The constitution shall be subject to the approval of the Council, on the recommendation of the Assembly of Fellows of the College concerned. STATUTE 26 DEGREE AND OTHER AWARDS 1. (1) The University may confer the degrees of Bachelor, Master and Doctor with the designations prescribed in paragraph 2(1) to students who- (L.N. 31 of 1981; L.N. 121 of 1989) (a) have attended an approved course of study; (b) have passed the appropriate examination or examinations; and (c) have complied in all other respects with the requirements prescribed therefor. (2) The University may confer any of the degrees with the designations prescribed in paragraph 2(2) on any person who has rendered distinguished service in the advancement of any branch of learning or who has otherwise rendered himself worthy of such a degree. (L.N. 31 of 1981; L.N. 121 of 1989) 2. The degrees which may be conferred by the University shall have the following designations- (1) (a) Bachelor's Degrees Bachelor of Architecture (B.Arch.) (L.N. 114 of 1991) Bachelor of Arts (B.A.) Bachelor of Business Administration (B.B.A.) Bachelor of Chinese Medicine (B.Chi.Med.) (L.N. 2 of 1999) Bachelor of Education (B.Ed.) Bachelor of Engineering (B.Eng.) (L.N. 114 of 1991) Bachelor of Medical Sciences (B.Med.Sc.) (L.N. 55 of 1990) Bachelor of Medicine and Bachelor of Surgery (M.B.,Ch.B.) Bachelor of Nursing (B.Nurs.) (L.N. 114 of 1991) Bachelor of Pharmacy (B.Pharm.) (L.N. 114 of 1991) Bachelor of Science (B.Sc.) Bachelor of Social Science (B.S.Sc.) (b) Master's Degrees Master of Accountancy (M.Acc.) (L.N. 481 of 1997) Master of Architecture (M.Arch.) (L.N. 114 of 1991) Master of Arts (M.A.) Master of Business Administration (M.B.A.) Master of City Planning (M.C.P.) (L.N. 453 of 1994) Master of Clinical Pharmacy (M. Clin.Pharm.) (L.N. 481 of 1997) Master of Divinity (M.Div.) Master of Education (M.Ed.) Master of Engineering (M.Eng.) (L.N. 114 of 1991) Master of Fine Arts (M.F.A.) (L.N. 453 of 1994) Master of Music (M.Mus.) (L.N. 453 of 1994) Master of Nursing (M. Nurs.) (L.N. 323 of 1995) Master of Philosophy (M.Phil.) Master of Public Health (M.P.H.) (L.N. 573 of 1995) Master of Science (M.Sc.) Master of Social Science (M.S.Sc.) Master of Social Work (M.S.W.) (c) Doctoral Degrees Doctor of Business Administration (D.B.A.) Doctor of Education (Ed. D.) (L.N. 481 of 1997) Doctor of Literature (D.Lit.) Doctor or Medicine (M.D.) Doctor of Music (D.Mus.) (L.N. 453 of 1994) Doctor of Philosophy (Ph.D.) Doctor of Science (D.Sc.) Doctor of Social Science (D.S.Sc.) (L.N. 121 of 1989) (2) Honorary Degrees Doctor of Laws honoris causa (L.L.D. honoris causa) Doctor of Literature honoris causa (D.Lit. honoris causa) Doctor of Science honoris causa (D.Sc. honoris causa) Doctor of Social Science honoris causa (D.S.Sc. honoris causa) (L.N. 121 of 1989) 3. The degree of Bachelor shall not be conferred upon a student unless he shall have attended approved courses of study as a matriculated student of the University. (L.N. 114 of 1991) 4. The Senate may accept as part of the attendance of a student qualifying him for the conferment of the degree of Bachelor periods of attendance as a registered student at another university or institution of higher learning recognized by the Senate for this purpose: (L.N. 114 of 1991; L.N. 453 of 1994) Provided that the degree of Bachelor shall not be conferred upon such student unless- (a) he shall have attended an approved course of study as a matriculated student of the University for at least 2 academic years; (L.N. 114 of 1991; L.N. 453 of 1994) (b) his total period of attendance as a matriculated student of the University and as a registered student of another university or institution of higher learning shall not be less than 3 academic years; and (L.N. 453 of 1994) (c) he shall have attended his final term of study at the University immediately preceding his completion of all requirements for the conferment of the degree of Bachelor. (L.N. 453 of 1994) 5. The Senate may accept a certificate of proficiency in any subject issued by another university or institution of higher learning recognized for this purpose by the Senate as exempting from any examination of the University in such subject for the degree of Bachelor. (L.N. 453 of 1994) 6. Save as provided in paragraphs 10 and 11, the degree of Master shall not be conferred upon any person in any Faculty unless he has pursued an approved course of study or research for a period of at least 12 months after satisfying the requirements for the conferment of the degree of Bachelor in the Faculty concerned or after admission as a postgraduate student in terms of paragraph 9. 7. Save as provided in paragraphs 10 and 11, the degree of Doctor of Philosophy in any Faculty shall not be conferred upon any person unless he has- (a) followed an approved course of research as a student of the University for a period of at least 24 months after satisfying the requirements for the conferment of the degree of Bachelor in the Faculty concerned or after admission as a postgraduate student in terms of paragraph 9; and (b) submitted a thesis which is certified by examiners to make a distinct contribution to the knowledge or understanding of the subject and to afford evidence of originality shown either by the discovery of new facts or by the exercise of independent critical power. 8. Save as provided in paragraphs 10 and 11, the degree of Doctor of Literature, Doctor of Science, Doctor of Social Science, Doctor of Business Administration or Doctor of Medicine shall not be conferred upon any person unless- (L.N. 31 of 1981) (a) he shall be a graduate of the University of not less than 7 years standing; and (b) he shall have made in the opinion of the examiners a sustained contribution of distinction to the advancement of his subject. 9. (1) A person who has graduated in another university or who as a registered student of Chung Chi College, The United College of Hong Kong or New Asia College has obtained before the date of establishment of the University a diploma or certificate issued by or on behalf of such Colleges may be exempted from the matriculation requirement of the University and may be admitted as a postgraduate student and may proceed to the degree of Master or Doctor under such conditions as may be prescribed by the Statutes and by decrees and regulations made thereunder. (2) A person who- (a) has completed a course of study in a tertiary educational institution and holds professional or similar qualifications equivalent to a degree; and (b) has satisfied such other requirements as may be prescribed by the Statutes and by decrees and regulations made thereunder, may be exempted from the matriculation requirements of the University and may be admitted to be a postgraduate student with the approval of the Senate. 10. The Senate may recommend the award of the degree of Master or Doctor in any Faculty to any member of the academic staff of the University and for this purpose may exempt any such person from any of the requirements prescribed for the conferment of the degree other than the examination therefor. 11. The Council may recommend the award without requiring attendance or examination of a degree of Master or Doctor honoris causa: (L.N. 31 of 1981) Provided that the holder of a degree which has been conferred honoris causa shall not, by the fact that he has been admitted thereto, be entitled to practise any profession. 12. The Council shall not recommend the award of any degree of Master or Doctor honoris causa except after consideration of recommendations submitted by an Honorary Degrees Committee consisting of- (a) the Chancellor; (b) the Vice-Chancellor; (c) the Heads of the Colleges; (d) the Chairman of the Council; (e) 2 members of the Council nominated by the Council; and (f) members of the Senate, equal in number to the number of the Colleges, elected by the Senate. 13. The University may award diplomas and certificates- (a) to students who- (i) have attended an approved course of study; (ii) have passed the appropriate examination or examinations; and (iii) have complied in all other respects with the requirements prescribed therefor; and (b) to persons other than those provided for in subparagraph (a) above who are deemed by the Senate to possess the qualification appropriate for the award of such diplomas and certificates provided that such persons- (i) have pursued a course of study therefor at one or more educational institutions in Hong Kong recognized for this purpose by the Senate; and (ii) have passed the appropriate examination or examinations of the University. 14. Subject to the right of appeal from the decision of the Senate to the Council and from the decision of the Council to the Chancellor, the Senate may deprive any person who has been convicted of an arrestable offence or who in their opinion has been guilty of dishonourable or scandalous conduct of any degree, diploma, certificate or other award of the University. STATUTE 27 EXAMINATIONS 1. Examinations of the University qualifying in any subject of study for a Bachelor's degree or a higher degree of the University shall be conducted by a board of examiners which shall consist of- (a) 2 or more internal examiners who shall be teachers in the subject of the examination; and (b) save as provided by paragraph 3, one or more external examiners who shall not be members of the academic staff of the University and who shall not have taken part in the teaching of the candidates. 2. The board of examiners shall have the duty to ensure that examinations are properly conducted and the assessment is fair and consistent. 3. Upon the approval of the Senate the requirement in paragraph 1(b) shall not apply for examinations qualifying in a subject of study for a Bachelor's degree, and one or more visiting examiners who shall not be members of the academic staff of the University and who shall not have taken part in the teaching of the candidates shall be appointed for the subject by the Council upon the recommendation of the Senate or in the case of emergency by the Vice-Chancellor. 4. The visiting examiner or examiners shall- (a) call for at his or their discretion the examination scripts of all or any, but not less than one-third, of the examinations qualifying for the degree in the subject for which he is or they are appointed; (b) submit to the Vice-Chancellor an annual written report; and (c) visit the University not less than once every 3 years to review in depth the examinations on site. (L.N. 282 of 1991) STATUTE 28 CITATION The Statutes may be cited as the Statutes of The Chinese University of Hong Kong. CONSTITUTION OF THE ORIGINAL COLLEGES [sections 19(2) & 20(2)] 1. Interpretation In this Schedule, unless the context otherwise requires- "Boards of Trustees" (書院校董會) means the Boards of Trustees of the Colleges incorporated under paragraph 2; "Chairman" (主席) means the Chairman of each Board of Trustees; "College" (書院) means an original College and "Colleges" (各書院) shall be construed accordingly; (59 of 1986 s. 4) "Council" (大學校董會) means the Council of The Chinese University of Hong Kong. 2. Incorporation of Board of Trustees (1) There shall be a Board of Trustees of Chung Chi College which shall be a body corporate and shall have the name of "The Trustees of Chung Chi College" and in that name shall have perpetual succession, and may sue and be sued, and shall have and use a common seal. (2) There shall be a Board of Trustees of The United College of Hong Kong which shall be a body corporate and shall have the name of "The Trustees of The United College of Hong Kong" and in that name shall have perpetual succession, and may sue and be sued, and shall have and use a common seal. (3) There shall be a Board or Trustees of New Asia College which shall be a body corporate and shall have the name of "The Trustees of New Asia College" and in that name shall have perpetual succession, and may sue and be sued, and shall have and use a common seal. 3. Powers and duties of Boards of Trustees (1) Each Board of Trustees shall hold in trust, and administer for the benefit of its College the movable property which is vested in the Board under paragraph 7; and shall hold in trust for the benefit of the University the buildings the subject of the agreements to be made under paragraph 2 of Schedule 2.* (2) Subject to subparagraph (3), each Board of Trustees may, for the purpose of the trusts under subparagraph (1), exercise the powers conferred on trustees by the Trustee Ordinance (Cap 29). (3) A Board of Trustees shall not, without the prior approval of the Council, which may be subject to such conditions as the Council thinks fit, accept any gift for the benefit of the College. (4) Each Board shall make written provision for its procedure in the transaction of business, the discharge of its aims and duties and the maintenance of good order at its meetings. (5) The Board of Trustees of Chung Chi College shall- (a) recommend to the Council, through the Administrative and Planning Committee, all appointments to the Theology Division, or whatever part of the University shall succeed the Division as being responsible for theological education, including the appointment of the Head of the Theology Division (or equivalent post) and of the warden of the Theology Hostel; (b) allocate for the promotion of theological education, including the upkeep of the Theology Building, the resources made available from private funds; (c) provide for and appoint the Chaplain of the Chapel; and (d) advise the Senate on all major policy matters relating to theological education, and the Board of Trustees may delegate to a Theological Council appointed by it the power to discharge the functions and duties imposed on the Board by this sub-paragraph. 4. Composition of Boards of Trustees (1) The persons who, immediately before the commencement of this Ordinance, were members of the Board of Governors of Chung Chi College shall, on the commencement of this Ordinance, become the members of the Board of Trustees of that College incorporated under paragraph 2(1). (2) The persons who, immediately before the commencement of this Ordinance, were members of the Board of Trustees of The United College of Hong Kong shall, on the commencement of this Ordinance, become members of the Board of Trustees of that College incorporated under paragraph 2(2). (3) The persons who, immediately before the commencement of this Ordinance, were members of the Board of Governors of New Asia College shall, on the commencement of this Ordinance, become members of the Board of Trustees of that College incorporated under paragraph 2(3). (4) Any person who is at the commencement of this Ordinance, or who becomes, a member of a Board of Trustees may retire as a member of that Board of Trustees, but no person shall retire so as to reduce the number of members of the Board of Trustees below 4. (5) Vacancies in the number of members of a Board of Trustees shall from time to time be filled by such legal means as would have been available for the appointment of new trustees if the Board of Trustees had not been incorporated, and, without prejudice to the generality of the foregoing, section 42 of the Trustee Ordinance (Cap 29) shall apply in relation to the appointment of new Trustees. (59 of 1986 s. 4) 5. Registration with Registrar of Companies (1) Each Board of Trustees shall forward to the Registrar of Companies- (a) notice of the address of the principal office of the Board of Trustees and any change thereof; (b) a list of the names and addresses of the members of the Board of Trustees, and any change therein, certified as correct by the Chairman; and (c) a copy of the written provision made under paragraph 3(4), and any change therein, certified as correct by the Chairman. (2) Notification in accordance with subparagraph (1)(a) and (b) shall be made- (a) within 3 months of the commencement of this Ordinance; and (b) thereafter within 28 days of any change. (3) Notification under subparagraph (1)(c) shall be made within 28 days after the making of any written provision under paragraph 3(4) or the making of any change therein. (4) Any person may inspect at the office of the Registrar of Companies any of the documents registered under this paragraph. (5) A fee of $5 shall be payable for registering or inspecting any document referred to in this paragraph. 6. Accounts Each Board of Trustees shall in each year, prepare and produce to the Council its audited accounts in such form and at such times as the Council may determine. 7. Transitional provisions On the commencement of this Ordinance- (a) all movable property held on trust by or for each College and all immovable property held by or on behalf of the Colleges outside the precincts of the University shall vest in the Board of Trustees of the College concerned without further assurance and on the same trusts and subject to the same terms and conditions, if any, on which the same was then held; (b) the Board of Trustees of each College shall succeed to all rights, privileges, obligations and liabilities of the Colleges relating to the property vested in the Boards of Trustees under subparagraph (a). 8. (Repealed 59 of 1986 s. 4) Long title To provide for the establishment and administration of a trust fund to be known as the Li Po Chun Charitable Trust Fund and for the purposes connected therewith. [8 November 1963] Short title Determination of questions at meeting Transaction of business by circulation of papers Accounts Cost of administration Servants and advisers Saving This Ordinance may be cited as the Li Po Chun Charitable Trust Fund Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委員會) means the Li Po Chun Charitable Trust Fund Committee established in accordance with the provisions of section 5; "fund" (基金) means the Li Po Chun Charitable Trust Fund; "member" (成員) means a member of the committee; "trustee" (受託人) means the Secretary for Home Affairs Incorporated as trustee of the fund. (Amended L.N. 68 of 1985; L.N. 263 of 1989) Establishment of fund (1) There is hereby established a trust fund to be known as the Li Po Chun Charitable Trust Fund which shall consist of the shares donated by Li Po Chun to the Government, together with any interest thereon which shall have accrued prior to the commencement of this Ordinance and together with such further moneys and assets as may from time to time be donated to the fund and accepted by the committee, or any investments from time to time representing any such moneys and together with such interest and income derived from any such moneys and assets. (2) The committee may, from time to time, solicit and accept on behalf of the trustee donations and bequests to the fund: Provided that it shall be a condition of the acceptance by the committee of any further donations to the fund that the name of the fund shall remain unchanged. The trustee (1) The fund is hereby vested in the Secretary for Home Affairs Incorporated, a body corporate incorporated under and by virtue of the Secretary for Home Affairs Incorporation Ordinance (Cap 1044), as trustee. (Amended L.N. 67 of 1985; L.N. 68 of 1985; L.N. 263 of 1989) (2) The trustee shall hold the fund upon the trusts and with and subject to the powers and provisions hereinafter contained in this Ordinance. Administration of the fund (1) The fund shall be administered by a committee to be known as the Li Po Chun Charitable Trust Fund Committee which shall consist of- (a) the Secretary for Home Affairs who shall be the chairman of the committee; (Amended L.N. 67 of 1985; L.N. 262 of 1989) (b) a son of Li Po Chun who shall be appointed by the Governor; and (c) not more than 4 other members appointed by the Governor. (2) The son of Li Po Chun appointed by the Governor under subsection (1)(b) may- (a) by deed appoint any descendant of Li Po Chun in his stead as a member of the committee during his lifetime; or (b) by will appoint any such descendant as such member from the day of his death. (3) The right to nominate a person as a member of the committee, conferred by subsection (2), may be passed on by any person appointed thereunder to another person who may similarly pass on such right. (4) Subject to subsection (5), no person shall be appointed as a member of the committee under subsection (2) or (3) unless he is a descendant of Li Po Chun. (5) If at any time any son or descendant of Li Po Chun, appointed as a member of the committee under subsection (1), (2) or (3), shall retire or die or be removed under the provisions of subsection (6) without having by deed or by will appointed another descendant of Li Po Chun to take his place as a member of the committee, the power of appointment shall vest in the Governor, who may appoint as a member- (a) a descendant of Li Po Chun; or (b) if no descendant of Li Po Chun is resident in Hong Kong and willing to be a member, any other person for so long only as no descendant of Li Po Chun is resident in Hong Kong and willing to be a member. (Amended 94 of 1991 s. 5) (6) A member appointed by the Governor under subsection (1)(c) shall hold office for such period as may be specified in the letter of appointment and may be re-appointed. (Amended 94 of 1991 s. 2) (7) A member, other than the Secretary for Home Affairs , may be removed by the Governor at any time, and shall cease to be a member if he shall be convicted of an offence punishable with imprisonment for a period exceeding 12 months, or shall be adjudged bankrupt or make a composition or arrangement with his creditors or become of unsound mind. (Amended L.N. 67 of 1985; L.N. 262 of 1989) (8) The quorum necessary for the transaction of the business of the committee at a meeting of the committee may be fixed by rules made under section 8 and, unless so fixed, 4 members shall form a quorum. (Amended 94 of 1991 s. 2) The trust (1) The trustee shall, at the direction of the committee, apply- (a) the income of the fund, in such proportions as the committee may in its discretion decide- (i) for educational purposes in accordance with the Schedule; and (ii) for payment to the Director of Social Welfare for use by him for the relief of distress in cases for which no adequate assistance is available from other sources; and (b) the capital of the fund for such educational purposes, including the establishment or endowment of educational institutions in Hong Kong, as the committee may in its discretion decide. (Replaced 49 of 1989 s. 2) (2) Notwithstanding subsection (1), the committee may invest any part of the income of the fund as capital, the income from which shall thereafter form part of the income of the fund. Investments (1) Subject to subsections (2) to (5), the trustee may invest any moneys of the fund including the proceeds of the realization of any of the shares donated as aforesaid in such investments, whether or not such investments are trust investments, as the committee may advise. (Amended L.N. 16 of 1977; 48 of 1989 s. 2; 94 of 1991 s. 3) (2) If the committee so directs, the trustee shall employ such professional person or financial institution as may be nominated by the committee to manage the investment of all or part of the moneys of the fund invested by the trustee under subsection (1). (Added 94 of 1991 s. 3) (3) A person or institution appointed under subsection (2) shall, in performing his or its functions, act in accordance with any advice of the committee in respect of those functions conveyed to him or it in writing from time to time by the trustee. (Added 94 of 1991 s. 3) (4) The trustee shall not be responsible for the consequences of any act or omission of a person or institution employed under subsection (2) if he or it was employed in good faith. (Added 94 of 1991 s. 3) (5) All salaries and fees of a person or institution employed under subsection (2) shall be paid by the trustee out of the fund. (Added 94 of 1991 s. 3) Rules (1) The committee may make rules providing for- (a) its procedure in the transaction of business and the maintenance of good order at meetings; and (b) generally all matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every rule made in accordance with the provisions of subsection (1) shall be furnished to the Chief Secretary and any such rule shall be subject to disallowance or amendment at any time by the Governor. Express powers of committee (1) The committee shall have power to write off from the moneys of the fund any sums which the committee finds to be irrecoverable. (2) Save as is provided in section 6(1) and (2), the committee shall not have power to apply or to direct that the trustee should apply any of the capital funds of the trust as income or for any other purpose. (Amended 49 of 1989 s. 3) Determination of questions at meeting Transaction of business by circulation of papers All questions which may arise at any meeting of the committee shall be decided by a majority of votes by members present and, in the case of equality of votes, the chairman shall have a casting vote in addition to his original vote: Provided that in any case in which the committee is equally divided in opinion without the casting vote of the chairman, any 3 members of the committee may demand that the point be referred to the Governor for his decision and in such event the decision of the Governor shall be final. Transaction of business by circulation of papers The committee may transact any of its business by circulation of papers amongst members, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the committee. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 August in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and a balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of accounts shall be audited by the Director of Audit who shall certify that statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the report, if any, of the Director of Audit and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 28 February next following the end of such period, or so soon thereafter as the Governor, in his absolute discretion, may allow. Cost of administration The cost of Administering the fund other than the salaries and fees paid under the provisions of section 13(2) shall be a charge on the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. Servants and advisers (1) Without prejudice to section 7, the committee may appoint upon such salary and upon such terms as it may think proper such servant as it may think necessary for the purpose of carrying out the provisions of this Ordinance, and may employ any professional person to advise it on any matter arising out of or in connection with such provisions. (Amended 94 of 1991 s. 6) (2) All salaries and fees of any person so appointed or employed shall be paid by the trustee out of the fund. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. APPLICATION OF INCOME ALLOCATED FOR EDUCATIONAL PURPOSES [section 6] 1. Application Income of the fund allocated for the purposes of section 6(1)(a) shall be applied as specified in this Schedule. 2. Post-graduate award (1) One scholarship may be awarded in each year to a graduate of a university established in Hong Kong to assist in the payment of the education, travelling expenses, and maintenance in the United Kingdom for the purposes of post-graduate training for a period not exceeding 2 years. (2) The holder of a scholarship awarded under subparagraph (1) shall be selected by a selection board appointed by the Director of Education. (3) A scholarship awarded under this paragraph may be terminated at the end of 1 year unless the Director of Education is satisfied as to the progress and conduct of the scholar. (4) No graduate of a university in Hong Kong shall be eligible for an award under this paragraph unless he- (a) is resident in Hong Kong at the date of the award; and (b) does not concurrently hold any other award. 3. Li Po Chun Scholarships (1) From any balance remaining after making provision for the scholarship referred to in paragraph 2, the committee may award scholarships (to be known as Li Po Chun Scholarships) for the education of students resident in the Colony, in accordance with the provisions of this paragraph. (2) Not more than 7 scholarships may be awarded in each year to students in each of the following schools- (a) King's College; (b) Queen's College; (c) Queen Elizabeth School; (d) Belilios Public School. (3) A scholarship awarded under subparagraph (2) shall be tenable for such period as the committee may determine. (4) Such number of scholarships as the committee may decide may be awarded in each year to students in the University of Hong Kong and The Chinese University of Hong Kong selected by the Registrars thereof. (5) A scholarship awarded under subparagraph (4) shall subject to the Registrar of the University concerned being satisfied as to the progress and conduct of the scholarship holder, be tenable for not more than- (a) 3 years in the case of the University of Hong Kong; and (b) 4 years in the case of the Chinese University of Hong Kong. (6) A scholarship granted under subparagraph (4) may be extended by the committee for longer than- (a) 3 years in the case of the University of Hong Kong; and (b) 4 years in the case of The Chinese University of Hong Kong. (7) Such member of scholarships as the committee may decide, may be awarded in each year to students in secondary schools, who are selected by the Director of Education. (Replaced 49 of 1989 s. 4) (8) A scholarship awarded under subparagraph (7) shall be tenable for such period as the committee may determine. 4. Other educational purposes Any balance remaining after making provision for the scholarships referred to in paragraphs 2 and 3, may be applied for such educational purposes as the committee may in its discretion from time to time decide. (Replaced 49 of 1989 s. 4) Long title To give statutory recognition to and to regulate the provision of permanent cemeteries for persons of Chinese race permanently resident in the Colony and to provide for the proper maintenance and administration thereof, and for purposes connected therewith. [4 December 1964] Preamble WHEREAS- (a) by 3 deeds of appropriation dated respectively 16 June 1913, 22 August 1929 and 31 May 1963 (hereinafter referred to as the Deeds of Appropriation) certain parcels of land were thereby appropriated for use as cemeteries for persons of Chinese race who were permanent residents of Hong Kong although the title to the said land remained vested in the Crown; (Amended 31 of 1994 s. 5) (b) the cost of laying out the land the subject of the said Deed of Appropriation dated 16 June 1913, was met by subscription and by the said Deed it was provided that the application of the sums so raised, and the duty of managing the cemetery the subject thereof, be entrusted to a Board of Management (in this Ordinance referred to as the former Board where the context so requires) subject to the rules and regulations set out in the said Deed; (c) the said rules and regulations provided, inter alia, that the former Board should be composed of not less than 12 nor more than 20 members of whom the Director of Public Works, the Secretary for Chinese Affairs (then styled Registrar General) and the Director of Urban Services (then styled the Head of the Sanitary Department) were ex officio members and the remaining members were to be selected from and elected by those who subscribed as mentioned in paragraph (b) and were, subject to certain exceptions, to hold office for life; (d) by the subsequent Deeds of Appropriation the additional pieces of land therein described were appropriated to the former Board upon terms similar to those upon which the first piece of land was appropriated thereto and the cost of laying out such subsequent pieces of land as cemeteries was met out of the funds, then held by the former Board, derived from the management of the first cemetery; (e) all of the said pieces of land are now used exclusively as cemeteries and burial grounds for persons of the Chinese race permanently resident in Hong Kong; (Amended 31 of 1994 s. 5) (f) it is considered desirable that the said former Board be dissolved and replaced by a body corporate having perpetual succession and full powers to provide, administer and manage cemeteries and burial grounds for such persons of the Chinese race: Short title Accounts Transitional provisions Saving This Ordinance may be cited as the Chinese Permanent Cemeteries Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Board" (委員會) means the Board of Management of the Chinese Permanent Cemeteries established by virtue of the provisions of section 3; "Chairman" (主席) means the Secretary for Home Affairs; (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) "Chinese Permanent Cemetery" (華人永遠墳場) means any cemetery or burial ground for the time being under the management and control of the Board; "Deeds of Appropriation" (各撥地契據) means the Deeds of Appropriation referred to in paragraph (a) of the preamble to this Ordinance; "former Board" (前度委員會) means the Board of Management referred to in paragraph (b) of the preamble; "permanently resident in Hong Kong" (在香港永久居住), in relation to any person, means continuously resident in Hong Kong for such period of time and subject to such conditions as the Board may prescribe by rules made under section 8. (Amended 31 of 1994 s. 5) Establishment and constitution of the Board (1) There shall be established in Hong Kong a Board which shall be called the Board of Management of the Chinese Permanent Cemeteries. (Amended 31 of 1994 s. 5) (2) The Board shall consist of- (a) the following ex officio members- (i) the Secretary for Home Affairs, who shall be the Chairman of the Board; (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) (ii) the Director of Lands; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 230 of 1995) (iii) the Director of Urban Services; (iv) the Director of Regional Services; and (Added 30 of 1987 s. 2) (b) not less than 8 nor more than 16 other members who shall be appointed by the Governor and shall hold office for 3 years and shall thereafter be eligible for reappointment to the Board for further such periods as the Governor shall think fit. (Amended 30 of 1987 s. 2) (3) Any ex officio member, other than the Secretary for Home Affairs, may appoint in writing a senior member of the staff of his Department to act on his behalf at all or any meetings of the Board: (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) Provided that no such appointment shall be valid for more than 12 months from the date thereof. (4) Any member of the Board, other than an ex officio member, may, on giving not less than 1 month's notice in writing to the Governor, resign from the Board. (5) The Governor may terminate the appointment to the Board of any member, other than an ex officio member, during the term of office of such member- (a) on being requested in writing so to do by a majority of three-quarters of the members present at any meeting resolving such course; (b) in the case of incapacity of such member; (c) in the case of absence from Hong Kong for more than 12 months of such member. (Amended 31 of 1994 s. 5) (6) There shall be a Treasurer and a Secretary to the Board who shall be appointed by the Board. Meetings of the Board (1) The Board shall meet at such times and in such places as the Chairman may appoint: Provided that- (a) the Board shall meet not less than twice in each calendar year and one of such meetings shall be an annual general meeting at which the annual accounts of the Board shall be presented; and (b) no meeting of the Board shall be deemed to have been validly convened unless not less than 4 days' or, in the case of an annual general meeting, 14 days' notice in writing thereof has been given to each member of the Board then present in Hong Kong. (Amended 31 of 1994 s. 5) (2) At any meeting of the Board 7 members shall constitute a quorum. (3) The validity of any proceedings of the Board shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereof. (4) All questions coming or arising before a meeting of the Board shall be determined by a majority of the members thereof present and voting thereon. (5) The Chairman at any meeting of the Board shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote. (6) If the Chairman is unable to take the chair at any meeting of the Board he may nominate any other member thereof to take the chair in his stead, or, in the absence of the Chairman and such other member, if any, the members present and voting at the meeting shall elect from among their number 1 member to take the chair thereat. (7) The Board may make standing orders for regulating the procedure at, and in connection with, its meetings. Conduct of business of the Board Transaction of business by circulation of papers (1) The Board may conduct its business in such manner as appears to it expedient and may for that purpose appoint from among its members select committees and may authorize any such committee to co-opt thereto such additional members, not necessarily being members of the Board, as may appear to it to be necessary for the proper conduct of the business delegated to it by the Board. (2) The Board may employ, upon such terms and conditions as it may think fit, such staff as shall appear to it to be necessary for the proper conduct of the business of the Board. Transaction of business by circulation of papers The Board and any committee appointed by it under section 5(1) may transact any business by circulation of papers, and a resolution in writing which is approved in writing by a majority of their respective members shall be as valid and effectual as if it had been passed at a meeting of the Board or of such committee. Purposes of the Board The purposes of the Board shall be to provide, maintain and administer cemeteries and burial grounds for persons of the Chinese race permanently resident in Hong Kong. Powers of the Board Power of the Board to employ manager of investments (1) For the purposes specified in section 6, the Board shall have full power- (a) to acquire, accept leases of, purchase, take and otherwise hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (b) to acquire, by purchase or otherwise, goods and chattels of what nature or kind soever; (c) to invest moneys in such investments as the Board thinks fit, whether or not such investments are in Hong Kong or are authorized by section 4 of the Trustee Ordinance (Cap 29); (Replaced 31 of 1994 s. 3) (d) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of any lands, or buildings, messuages, tenements, mortgages, debentures, debenture stocks, funds, securities, goods and chattels for the time being vested in the Board, upon such terms as the Board may deem fit; (e) to erect any buildings, messuages or tenements and effect any improvement thereto; (f) to borrow money upon such terms as the Board shall think fit, and to raise money by public or private subscription; and (g) generally, to do such other things as may appear to be incidental or conducive to the proper carrying out of the purposes of the Board as set out in this subsection. (2) In addition to and notwithstanding anything contained in subsection (1), the Board may donate to any charity operating for the benefit of persons of the Chinese race in Hong Kong any moneys vested in it which are or may become surplus to the requirements of the proper management, and administration and maintenance of any Chinese Permanent Cemetery for the time being under the control of the Board. (Amended 31 of 1994 s. 5) Power of the Board to employ manager of investments (1) The Board may employ any person or body to manage the investment of the moneys of the Board, or any property held by the Board for the purpose of investment. (2) Where the Board employs a person or body under subsection (1), the Board, or a committee appointed under section 5(1) and expressly authorized in that regard, may from time to time issue in writing to such person or body general or specific directions relating to the performance of his or its functions, and such person or body shall act in accordance with such directions. (3) The Board shall not be responsible for the consequences of any act or omission of a person or body employed under subsection (1) in good faith if such act or omission is not consistent with any direction given under subsection (2) by the Board or a committee. Power of the Board to make rules (1) The Board may make rules to govern- (a) the conduct of the internal affairs of the Board; and (b) the management and use of any Chinese Permanent Cemetery. (2) Without prejudice to the generality of subsection (1), such rules may- (a) lay down a scale of fees to be charged on the grant to any person of a right to use or designate a grave space for the burial of himself or any member of his family; (b) regulate the manner of burial and the forms of burial service, ceremonies or rites to be performed in commemoration of the dead; (c) regulate the dimensions, allocation and use or reservation of grave spaces; (d) provide for the termination and cancellation of any right referred to in paragraph (a); and (e) provide for the disinterment and removal of human remains. (3) Nothing in this section shall be construed to empower the Board to make any rule- (a) which derogates from any of the provisions of any by-laws or regulations made pursuant to any of the provisions of the Public Health and Municipal Services Ordinance (Cap 132) which relate to the control of private cemeteries within the meaning of that Ordinance; or (Amended 10 of 1986 s. 32(1)) (b) the contravention of which shall constitute a criminal offence by any person. Incorporation of the Board and use of common seal (1) The Board shall be a body corporate and shall have the corporate name of "The Board of Management of the Chinese Permanent Cemeteries", and in that name shall have perpetual succession and may sue and be sued in all courts and shall have and may use a common seal bearing such name. (2) Any deed, document or other instrument requiring the seal of the Board shall be sealed with the common seal and signed by the Chairman and by the Secretary or the Treasurer of the Board or by such other person as the Board may by resolution appoint for that purpose and such signing shall for all purposes be taken as sufficient evidence of the due sealing of such deed, document or other instrument. Accounts (1) The Board shall cause proper accounts to be kept of all transactions of the Board and shall cause to be prepared for every period of 12 months ending on 31 December, in each year, a statement of the accounts of the Board, which statement shall include an income and expenditure account and a balance sheet. (2) The accounts of the Board and the statement of the accounts shall be audited by a professional accountant holding a practising certificate as provided in the Professional Accountants Ordinance (Cap 50), not being a member or ex-member of the Board, who shall certify the statement subject to such report, if any, as he may think fit. (Amended 76 of 1973 s. 3) (3) The audited statement of accounts together with the auditor's report, if any, shall thereafter be laid before the Board at the next succeeding annual meeting thereof. Transitional provisions On the commencement of this Ordinance- (a) all those pieces or parcels of land appropriated by the several Deeds of Appropriation to the use of the former Board are deemed to have been appropriated to the use of the Board upon the same terms and conditions upon which they were appropriated to the use of the former Board until the said land be vested in the Board by appropriate leases of the same; (b) the existing rules governing the maintenance and management of Chinese Permanent Cemeteries made by the former Board shall be deemed to have been made by the Board and shall remain in operation unless and until the same be revoked or replaced by new rules made by the Board pursuant to the provisions of section 8. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Empowering section [12 December 1975] Citation Definition of subscribers privileges Voluntary surrender of subscriber lots Reversion of subscriber lots Allocation of exhumable lots Disinterment and removal of human remains on expiry of term Reversion of exhumable lot Several interments in one grave space Burial in urn of skeletal or cremated remains Reversion of vacant ordinary or subscriber lot after exhumation Reversion of vacant urn lot after removal These rules may be cited as the Chinese Permanent Cemeteries Rules. Application Allocation of niches Reversion of a vacant niche Power of Board to designate niche to be family niche Reversion of family niches allocated Digging, paving, monuments and headstones etc. No warranty against landslips, collapse or damage to retaining walls Power of Board to repair graves and recover expenses Ejection for disorderly conduct Persons causing damage Duty to give notice of change of address Tenancies and contracts Fees These rules shall apply to the cemeteries specified in the First Schedule and the rules published in the Government Gazette as- (a) G.N. 60 of 25 January 1933; (b) G.N. 698 of 13 September 1935; (c) L.N. 137 of 21 June 1974, and any other rules which may have been made by the Board are hereby revoked except Rule III of the said rules in G.N. 60 of 25 January 1933 and adopted by G.N. 698 of 13 September 1935 as set out in the Second Schedule. Interpretation In these rules, unless the context otherwise requires- "Board" (委員會) means the Board of Management of Chinese Permanent Cemeteries established by virtue of the provisions of section 3 of the Chinese Permanent Cemeteries Ordinance (Cap 1112); "cemetery" (墳場) means any cemetery, burial ground, ossuary or columbarium for the time being under the management and control of the Board, as specified in the First Schedule; "close relative" (近親) for the purposes of rules 16, 17 and 21A means the spouse, parent, brother, sister or direct descendant (including their wives): (L.N. 197 of 1986) Provided that a married woman shall be deemed to be the same person as her husband and her close relatives for this purpose shall be those of her husband; "exhumable lot" (須起回骨殖墓地) means a grave space allocated for burial of human remains by the Board subject to the disinterment and removal of any human remains buried therein as provided in rule 13; "family niche" (家族龕位) means a niche in a columbarium designated by the Board as such under rule 21A; (L.N. 197 of 1986) "General Chinese Charities Fund" (華人慈善基金) means the General Chinese Charities Fund established by the Chinese Temples Ordinance (Cap 153); "human remains" (人類遺骸) means the dead body of a human being in any stage of decomposition, including parts thereof or skeletal remains, but does not include cremated human ashes; "ordinary lot" (普通墓地) means a grave space other than a subscriber lot allocated for a burial not subject to exhumation; "ordinary niche" (普通龕位) means a niche in a columbarium other than a family niche; (L.N. 197 of 1986) "permanently resident in Hong Kong" (在香港永久居住) in relation to any person means continuous residence in Hong Kong for a total period of not less than 7 years or the right to land in Hong Kong and to remain free of conditions of stay for the purposes of the Immigration Ordinance (Cap 115); "permittee" (持證人) means a person to whom the Board has allocated a grave space, urn space, or niche and includes a subscriber, the successor in title to the original permittee and the legal heir of the person whose remains are buried in a space: Provided where more than one person qualifies in respect of any space the permittee shall be the legal heir of the person first buried in such space; "relative" (親屬) means the spouse (including concubine), direct descendant (including his spouse), parent, parent-in-law, or sibling (including his spouse or direct descendant or the spouse of such direct descendant); "subscriber" (值理) means a person referred to in Rule III of the rules published in the Gazette as G.N. 60 of 25 January 1933 and adopted by G.N. 698 of 13 September 1935, and includes his successor in title; "subscriber lot" (值理墓地) means a grave space allocated and reserved to a subscriber prior to 23 December 1960 in respect of such space in Aberdeen Chinese Permanent Cemetery and prior to 11 November 1960 in respect of such space in Tsuen Wan Chinese Permanent Cemetery. Eligibility No person except a person of Chinese race permanently resident in Hong Kong and his wife and children may be buried or deposited in a cemetery, and the Board's decision on whether or not an applicant is qualified shall be final. Consent of Board for burials, deposits and removals Without the consent in writing of the Board no person shall bury or deposit in, or exhume or remove from, any cemetery any human remains or human ashes whether encoffined, in urn or otherwise. Reversion of grave spaces allocated Late burials Save for subscriber lots and ordinary lots reserved and allocated prior to 23 December 1960 in respect of Aberdeen Chinese Permanent Cemetery and prior to 11 November 1960 in respect of Tsuen Wan Chinese Permanent Cemetery, any grave space allocated for interment of encoffined human remains not used within 1 month of the date of allocation shall revert to the Board and the fee paid for the grave space, less any cancellation fee, shall be refunded. Late burials The Board may permit a late burial in an ordinary lot and may in its discretion charge a late burial fee. Allocation use and dimension of grave spaces (1) Not more than one grave space shall be allocated for the burial of one set of human remains. (2) A grave space shall not exceed an area of 1200 mm by 2400 mm and there shall not be provision for interspace between adjacent grave spaces: Provided that in the digging for any burial no soil within 150 mm of any adjacent space shall be disturbed. (L.N. 56 of 1982) (3) There shall be not less than 900 mm depth between any part of a coffin buried in a grave space and the level of the ground adjoining the grave. (L.N. 56 of 1982) (4) Urns containing skeletal remains or ashes shall be buried to a depth of not less than 450 mm from the level of the ground adjoining the grave. (L.N. 56 of 1982) Certain permits and certificates to be produced at time of interment In the case of a first interment of encoffined human remains of a person dying in Hong Kong the permittee shall first produce to the Board- (i) a permit of a police officer issued under the provisions of the proviso to section 16(1) of the Births and Deaths Registration Ordinance (Cap 174); (ii) a certificate of registration of death or of a coroner's order issued under the provisions of section 17(1) of the Births and Deaths Registration Ordinance (Cap 174); or (iii) in the case of the body of a still-born child, a certificate, declaration or coroner's order issued or made under the provisions of section 18 of the Births and Deaths Registration Ordinance (Cap 174). In any other case the permission in writing of the Urban Council or of the Regional Council. Permission for exhumation No person shall cause any exhumation without first producing to the Board the permission in writing of the Urban Council or of the Regional Council. Definition of subscribers privileges (1) Only a relative of the subscriber may be nominated for burial in a subscriber lot: Provided that all persons buried in subscriber lots on the day these rules come into effect shall be deemed to be right-fully buried and such graves shall not be disturbed save in accordance with these rules. (2) Subscriber lots shall not be assigned or transferred whether for valuable consideration or otherwise except on the death of the subscriber by transmission at law to his personal representative and/or trustee upon the registration of his Probate or Letters of Administration with the Board. (L.N. 462 of 1991) (3) The Board shall have full and absolute power to deal with and to regularise any matter concerning subscriber lots under this rule and may in its discretion charge a rectification fee: Provided that any rectification fee received, less deductions of the equivalent of the administrative fee, shall be paid over to the General Chinese Charities Fund. Voluntary surrender of subscriber lots (1) Subscriber lots may be voluntarily surrendered. (2) Where subscriber lots are voluntarily surrendered, the Board shall reallocate the grave spaces available as ordinary lots and the fees arising, less deductions of the equivalent of the administrative fee, shall be paid over to the General Chinese Charities Fund: Provided that the donor may specify that the net fees arising from the allocation of a number of such ordinary lots not exceeding the number of subscriber lots surrendered shall be applied to a charity other than the General Chinese Charities Fund so long as such nominated charity is operating for the benefit of persons of the Chinese race in Hong Kong. Reversion of subscriber lots (1) Where a subscriber attempts to transfer or assign a subscriber lot contrary to rule 10(2), all unused subscriber lots standing reserved and allocated in his name shall revert to the Board in accordance with this rule. (2) Where the Board has reason to believe that a subscriber attempts to transfer or assign a subscriber lot, it shall cause a notice to this effect to be published in the Gazette and in not less than 2 local Chinese newspapers together with details of the particular subscriber lots calling upon the subscriber to show cause within 3 months from the date of the publication of the notice why his subscriber lots should not revert to the Board. (3) The subscriber may show cause by sending to the Board a written statement of his objections. (4) Upon receipt of a written statement of the objections under rule 12(3), the Board may give preliminary consideration to the objections in the absence of the subscriber and may decide to withdraw the notice in rule 12(2). (5) If the Board decides to withdraw the notice in rule 12(2), it shall give notice in writing of such decision to the subscriber by registered post whereupon the notice by the Board in rule 12(2) shall be deemed to have been withdrawn. (6) If the Board decides not to withdraw the notice in rule 12(2), it shall give notice thereof to the subscriber and to invite the subscriber to attend a meeting of the Board at not less than 14 days' notice at which the subscriber shall if he so desires be heard. (7) Where- (a) after hearing the subscriber in the meeting; or (b) the subscriber fails to attend before the Board, and the Board maintains its decision not to withdraw the notice in rule 12(2), the Board shall give notice, together with an adequate statement of the reasons, by registered post of its decision to the subscriber. (6 of 1994 s. 60) (8) Any subscriber aggrieved by the service on him of a notice under rule 12(7) may, within 28 days after such service, appeal to the Administrative Appeals Board. (6 of 1994 s. 60) (8A) A decision that is appealed against under rule 12(8) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Board, be contrary to the public interest and the notice of the decision contains a statement to that effect. (6 of 1994 s. 60) (9) If the subscriber fails to show cause within 3 months from the date of the publication of the notice in rule 12(2) or if the Board decides not to withdraw the notice in rule 12(2) and no appeal is made by the subscriber within the period of 28 days in rule 12(8) or if an appeal is made but is later withdrawn or abandoned or is dismissed by the Administrative Appeals Board, all unused subscriber lots standing reserved and allocated in his name shall revert to the Board. (6 of 1994 s. 60) (10) Any subscriber lot which reverts to the Board under this rule shall be available for any allocation by the Board. Allocation of exhumable lots (1) The Board may designate any grave space to be an exhumable lot at the time of allocation of such grave space. (2) The Board may allocate an exhumable lot, either- (a) for an initial term of 10 years, which may be extended for one further and final term of 6 years at an additional premium which the Board, in its discretion, may determine at the time of expiry of the initial period; or (b) for an initial term of 10 years, which may be extended for an indefinite number of terms of up to 10 years each, at an additional premium which the Board, in its discretion, may determine at the time of expiry of each term; or (L.N. 16 of 1989; L.N. 205 of 1992) (c) for a finite term of 10 years which will not be extended at its expiry. (L.N. 16 of 1989) Disinterment and removal of human remains on expiry of term On the expiry of an initial term of 10 years, which is not extended, or if the initial term is extended, on the termination of such extended term- (a) the permittee shall disinter and remove the human remains buried in the exhumable lot allocated in accordance with rule 13; (b) where the permittee does not disinter the human remains from an exhumable lot allocated in accordance with rule 13 the Board may disinter and remove the human remains if- (i) the Board's intention to disinter has been published in the Gazette and in not less than 2 local Chinese newspapers; and (ii) 6 months has elapsed from the date of such publication. Reversion of exhumable lot After removal of the human remains under rule 14, an exhumable lot shall forthwith revert to the Board, for any further allocation which the Board may make. Several interments in one grave space (1) Save as hereinafter provided no more than one interment shall be allowed in any grave space at any one time except where- (a) the grave is non-exhumable; and (b) the human remains of the second (or subsequent) burial are those of a close relative of the deceased first buried in the grave; and (c) not more than one set of encoffined human remains is buried in the grave at any one time, unless the specific consent of the Board is given in writing. (2) The Board may permit a second or subsequent burial in an exhumable lot where- (a) the unexpired term of the lot is not less than 6 years; and (b) the human remains of the second (or subsequent) burial are those of a close relative of the deceased first buried in the grave; and (c) not more than one set of encoffined human remains is buried in the grave at any one time, unless the specific consent of the Board is given in writing; and (d) the higher of the fee for a niche in an ossuary or in a columbarium is paid to the Board in addition to any other fees payable. Burial in urn of skeletal or cremated remains (1) After exhumation an ordinary lot or a subscriber lot may may be used for the immediate reburial in urn of the skeletal or cremated remains. (2) Skeletal or cremated remains of other relatives, in urn, whether originally buried in a cemetery, ossuary or columbarium managed by the Board or otherwise, may be buried in the same lot. (3) Where one or more urn burials have already taken place a subsequent coffin interment may be permitted with the Board's special consent in writing, where the permittee is able to prove that his nominee for the new interment and each of the persons whose remains are buried therein in urn are close relatives of the first deceased buried in the lot. Reversion of vacant ordinary or subscriber lot after exhumation An ordinary lot or a subscriber lot which remains vacant for a period of 3 months after exhumation shall revert to the Board for any further allocation which the Board may make. Reversion of vacant urn lot after removal Any urning ground or urn lot previously allocated which remains vacant for a period of 3 months after the removal of skeletal or cremated remains shall revert to the Board for any further allocation which the Board may make. Allocation of niches (1) The Board shall allocate a niche in an ossuary, where available, free of charge, for each set of human remains removed from an exhumable lot upon reversion of such lot to the Board for re-allocation. (2) The Board shall allocate a niche in an ossuary where available, free of charge, for each set of human remains removed upon exhumation of an ordinary or subscriber lot for surrender to the Board for re-allocation. (L.N. 146 of 1992) (3) A niche in an ossuary or a columbarium may be allocated upon payment of the prescribed fee for the immediate deposit of a set of human remains. (L.N. 146 of 1992) (4) An ordinary niche may be allocated upon payment of the prescribed fee for the immediate deposit of cremated human ashes. (L.N. 197 of 1986) (5) Each ordinary niche may be used for the deposit of up to 2 sets of human ashes. (L.N. 197 of 1986) Reversion of a vacant niche Power of Board to designate niche to be family niche Reversion of family niches allocated A niche in an ossuary or a columbarium or an ordinary niche which remains vacant for a period of 3 months after allocation or removal of skeletal or cremated remains shall revert to the Board for any further allocation which the Board may make. Power of Board to designate niche to be family niche (1) The Board may designate any niche in a columbarium to be a family niche at the time of the allocation of such niche. (2) A family niche may be allocated upon payment of the fee prescribed for such allocation and the Board may allocate more than one family niche to the same permittee. (3) A family niche allocated to a permittee shall be used immediately for the deposit of cremated human ashes. In the case where more than one family niche have been allocated at any one time to a permittee, at least one of those family niches allocated shall be used immediately for the deposit of cremated human ashes. (4) Each family niche may be used for the deposit of up to four sets of cremated human ashes. Provided always that the second (or subsequent) set of cremated human ashes deposited in a family niche shall be those of a close relative of the deceased first deposited in that niche having the same family surname. For the purpose of this paragraph, a married woman (unless divorced from her husband) shall be deemed to have her husband's family surname. Reversion of family niches allocated (1) If a family niche or all family niches allocated to a permittee at any one time shall remain vacant for a period of 3 months after allocation or removal of cremated human ashes, the Board may at its absolute discretion revoke such allocation and designation by notice in writing addressed to the relevant permittee at his last known address and by posting the said notice at a conspicuous place of the niche or niches. (2) At the expiration of 14 days of such notice being sent and posted as prescribed in paragraph (1), the niche or niches shall revert to the Board. (3) Upon reversion of a family niche or family niches not having been used for the depositing of cremated human ashes pursuant to this rule, all fees paid for the allocation of such niche or niches shall after deduction of an administration fee, be refunded to the permittee: (L.N. 146 of 1992) Provided always that any fees refundable but unclaimed by the permittee within a period of 6 years after reversion shall be paid over to the General Chinese Charities Fund. (4) Any family niche which reverts to the Board under this rule shall be available for any allocation by the Board. Digging, paving, monuments and headstones etc. (1) Save where the Board allows otherwise, the digging and paving in respect of any grave space or urn space shall be effected by the Board at the appropriate fees. (2) Save with the consent in writing of the Board and in accordance with any conditions or restrictions which the Board may impose on the grant thereof, no person shall in any cemetery erect a monument other than a headstone or tablet upon a grave or urn space. (3) Every monument, headstone, tablet, railing, fence, enclosure and every other commemorative article whatsoever, whether movable or immovable, which is placed at any grave or urn space or niche shall be placed there at the sole risk of the permittee, and the Board shall not be liable for any loss or damage thereto arising from any cause whatsoever. No warranty against landslips, collapse or damage to retaining walls Power of Board to repair graves and recover expenses The Board gives no warranty against landslips or the collapse or damage to retaining walls in the event of subsidence, natural disaster or civil commotion and the Board shall not be liable for any compensation for disturbance to any grave as a result of such landslip, collapse or damage. Power of Board to repair graves and recover expenses The Board shall have power to carry out any repairs to graves on behalf of the permittees who failed to respond to the Board's request to carry out such repairs for safeguarding the foundation of the terraces involved and recover any expenses incurred from the permittees concerned. Ejection for disorderly conduct The Board may, by its employees, servants or agents, eject or exclude from any of the cemeteries any person for disorderly conduct. Persons causing damage Duty to give notice of change of address Any person causing damage, for any reasons, whether wilful or otherwise, within a cemetery shall be liable to make good the same to the satisfaction of the Board. Duty to give notice of change of address Every permittee shall give notice in writing to the Board of any change in his address within one month of such change. Tenancies and contracts The Board may award tenancies and contracts for the operation and maintenance of its cemeteries for such periods and on such terms as it deems fit. Fees Fees shall be charged in accordance with the Third Schedule, provided that the Board may waive, reduce or refund fees in any appropriate case. Long title To provide for the establishment of the Hong Kong Trade Development Council, to define its powers and functions and to provide for matters connected therewith or incidental thereto. [30 September 1966] Short title Certain contracts and instruments not required to be under seal Membership of the Council Vice-chairman Chairman at meeting, and restriction on voting Meetings of the Council Transaction of business by circulation of papers Validity of proceedings Meetings of committees Validity of proceedings Qualifications, terms and conditions of service of Executive Director PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Trade Development Council Ordinance. Interpretation Termination of contracts of service by notice Grants Estimates Accounts Audit Report, etc. to be laid on the table of the Legislative Council, and published Investment of surplus funds In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the Hong Kong Trade Development Council appointed under section 11(1)(a) or, during the absence from Hong Kong or incapacity of the Chairman so appointed, the person (if any) appointed under subsection (6) of that section to act as Chairman or, if no person has been appointed to act as Chairman, the vice-chairman appointed under section 12; "committee of the Council" (發展局委員會) means a committee appointed by the Council under section 5(1)(f); "Council" (發展局) means the Hong Kong Trade Development Council established by section 3; "Executive Director" (總裁) means the executive director of the Council appointed under section 5(1)(e); "financial year" (財政年度) means the period commencing on the 1 April each year and ending on 31 March in the year following except that the period from the establishment of the Council to 31 March next thereafter shall be deemed to be a financial year. Establishment and incorporation of the Hong Kong Trade Development Council PART II THE HONG KONG TRADE DEVELOPMENT COUNCIL There is hereby established a council to be called the Hong Kong Trade Development Council which shall, in that name, be a body corporate with perpetual succession and shall be capable of suing and being sued, and subject to this Ordinance of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. Functions of the Council The functions of the Council shall be- (a) to promote, assist and develop Hong Kong's overseas trade, with particular reference to exports; and (b) to make such recommendations to the Government as it sees fit in relation to any measures which it considers would achieve an increase in Hong Kong's trade. General powers of the Council Governor in Council may give directions (1) Subject to section 8, the Council may do all such things as are calculated to facilitate, or as are incidental or conducive to, the better carrying out of its functions and to such end may in particular, but without prejudice to the generality of the foregoing- (a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (b) establish and maintain offices both in Hong Kong and overseas; (c) enter into any contract; (d) publish periodicals, booklets and other written material, and produce or sponsor the production of documentary films and other audio-visual material, and distribute the same by sale or by loan, hire or otherwise with or without charge as the Council thinks fit; (e) from time to time and subject to Part V, appoint an Executive Director to be the chief administrative officer of the Council and such other officers, servants and agents, both in Hong Kong and overseas, as it considers necessary to secure the efficient discharge of its functions; and may employ any professional person, in Hong Kong or overseas, to advise the Council on any point arising out of or in connection with any of the functions or powers of the Council; (f) appoint a committee for any such general or special purpose as in the opinion of the Council would be better regulated and managed by means of a committee; (g) borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge all or any part of the property of the Council, but without the prior approval of the Financial Secretary no sum shall be borrowed or otherwise raised under this paragraph which itself or together with all other sums previously borrowed or otherwise raised under this paragraph and still outstanding exceeds or in the aggregate exceed 10 per cent of the total estimated expenditure approved under section 22 for the current financial year including the unallocated balances and surpluses (if any) shown in the estimates for the same year; and (h) charge for the use of any facility or service provided by the Council. (2) (a) The number of members of a committee of the Council and their term of office shall be fixed by the Council. (b) A committee of the Council may include persons who are not members of the Council. (c) The Council may make rules respecting the quorum, proceedings and place of meeting of any committee of the Council. Governor in Council may give directions (1) The Governor in Council may, if he considers the public interest so requires, give directions in writing to the Council with respect to the exercise of its powers and the performance of its duties under this Ordinance, and the Council shall comply with those directions. (2) No such direction shall be inconsistent with any provision of this Ordinance. Provident fund or retirement benefit scheme The Council may, with the approval of the Governor, establish, manage and control, or enter into an arrangement with a trust company, an insurance company or association for the establishment, management and control by such company or association either alone or jointly with the Council of a provident fund scheme or a retirement benefit scheme for the benefit of all or any of the officers or servants of the Council or of any specified class of officer or servant of the Council, and if so required by the rules governing such scheme may make contributions thereto in accordance with such rules. Delegation (1) Subject to subsection (2), the Council may, by instrument in writing, delegate to the Executive Director or to any committee of the Council, with or without restrictions or conditions, as the Council thinks fit, such of its powers and functions as it deems expedient for the efficient discharge of the functions of the Council: Provided that no delegation made hereunder shall preclude the Council from exercising or performing at any time any of the powers or functions so delegated. (2) Subsection (1) shall not permit the delegation of the power- (a) to approve the annual programme or estimates of income or expenditure of the Council; or (b) to authorize the annual report or statements of income or expenditure and of assets and liabilities of the Council; or (c) to appoint any officer or servant above the post of senior manager or a posted equivalent thereto; or (Replaced 71 of 1977 s. 3. Amended 2 of 1986 s. 2) (d) to approve general terms and conditions of service of officers or servants of the Council; or (e) to establish or enter into any arrangement for the establishment of a provident fund scheme under section 6; or (f) to transfer any sum, under section 22(4)(a), to any major head of expenditure in the approved estimates of expenditure of the Council, and shall not permit the delegation to any committee of the Council of the power under section 22(4)(b) to transfer any sum from any sub-head of expenditure to any other sub-head in the approved estimates of expenditure of the Council. Restriction as to future financial commitments Without the approval of the Governor, no contract shall be entered into in the exercise of any of the powers conferred upon the Council by this Ordinance that itself is likely, or together with all other contracts previously entered into are likely, to involve expenditure by the Council in any subsequent financial year under any of the major heads of expenditure specified in section 22(2) of an amount or aggregate amount exceeding the sum in the estimate of expenditure approved by the Governor for the same major head of expenditure in respect of the year in which such contract is entered into (and not transferred to any other major head by the Council) together with any sum transferred to that head by the Council during that year (other than a sum transferred thereto from any unallocated balance or surplus shown in the estimates for that year). Seal of the Council (1) The Council shall have a common seal, and the fixing of the seal shall- (a) be authorized or ratified by resolution of the Council; and (b) be authenticated by the signatures of any 2 members of the Council, authorized by resolution of the Council either generally or specially to act for that purpose. (2) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be presumed to be a document so executed. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose. Vice-chairman The Council may, from amongst the members of the Council appointed under section 11 (1)(d), appoint a vice-chairman of the Council, and the vice-chairman shall, unless some lesser period is fixed by the Council, hold office as such until his term of office as a member of the Council expires or he earlier ceases to be a member of the Council. Chairman at meeting, and restriction on voting (1) The Chairman or, in his absence from any meeting, the vice-chairman appointed under section 12 or, in the absence from any meeting of both the Chairman and the vice-chairman, the person appointed under subsection (2) shall preside at every meeting of the Council but the person presiding at a meeting shall not vote thereat except in the case of an equality of votes when he shall have a casting vote. (2) In the absence from any meeting of the Council of both the Chairman and the vice-chairman, the members present at the meeting shall, before any other business is transacted at that meeting, appoint a person from among the members present to preside thereat. Meetings of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may from time to time appoint. (2) The Chairman shall, if requested by notice in writing signed by not fewer than 5 members of the Council, convene a meeting of the Council within 14 days of that notice. (Amended 2 of 1986 s. 4) (3) No business shall be transacted at a meeting of the Council unless at least 9 members of the Council are present thereat. (Amended 2 of 1986 s. 4) (4) Every question arising at any meeting of the Council shall be decided by a majority of votes of the members present and voting thereon, each such person having not more than one vote thereon. (5) If a member has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Council at which the contract or other matter is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose to the Council the fact and the nature of his interest. (6) Subject to this Ordinance, the Council may by resolution make rules for the procedure at and conduct of its meetings and the adjournment of any meeting at which a quorum of members is not present. Transaction of business by circulation of papers The Council may, if it thinks fit, transact any of the business by the circulation of papers, and a resolution in writing approved in writing by a majority of the members thereof shall be as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving the resolution. Validity of proceedings The validity of any proceeding of the Council shall not be affected by any defect in the appointment or nomination of any member or by any vacancy among members of the Council. Meetings of committees PART IV COMMITTEES Subject to any rules made by the Council under section 5(2), the quorum, proceedings and place of meeting of a committee of the Council shall be such as the committee may determine. Validity of proceedings The validity of any proceeding of a committee of the Council shall not be affected by any defect in the appointment of any member of the committee or by any vacancy among the members of the committee. Qualifications, terms and conditions of service of Executive Director PART V STAFF No person shall be appointed by the Council to the office of Executive Director- (a) without the prior consent of the Governor; and (b) except upon such terms and conditions of service as are approved by the Governor. Termination of contracts of service by notice The contract of service of every officer and servant of the Council shall contain a provision whereby the contract may be terminated by either party by the giving of such period of notice, in no case exceeding three months or such longer period as the Financial Secretary may in any particular case approve, as may be agreed between the Council and the officer or servant. Grants PART VI FINANCIAL PROVISIONS AND REPORTS Each financial year there shall be paid to the Council out of moneys provided by the Legislative Council such sum as the Governor may approve for the purpose of assisting the Council to exercise its functions. Estimates (1) Each year, before a date to be appointed by the Financial Secretary, the Council shall forward to the Financial Secretary, for the approval of the Governor, a programme of its proposed activities for the next financial year together with or incorporating estimates of its income and expenditure for the same year: Provided that the programme and estimates for the first financial year of the Council shall be forwarded as soon as is practicable after the commencement of this Ordinance. (2) The estimates of the Council shall set out the source of all income, and shall show the distribution of expenditure under the following major heads- (a) staff emoluments (including provision for provident fund benefits, medical expenses and other ancillary pecuniary benefits); (b) capital expenditure exceeding $25000 on any one item; (c) recurrent expenditure other than expenditure shown under head (a) aforesaid and capital expenditure other than expenditure shown under head (b) aforesaid; (d) other non-recurrent expenditure on activities, and the estimates shall also show all unallocated balances and surpluses available for use during the year to which the estimates relate. (3) Each major head of expenditure shall show clearly the destination of all moneys and where several matters are dealt with under the one head each such matter shall be itemized and be shown in a separate sub-head relating to similar items of expenditure, and shall contain such particulars and information as may be required by the Governor. (4) Notwithstanding the approval of the Governor of the estimates of the Council, the Council may at any time or from time to time- (a) transfer from its unallocated balances or surpluses (if any) shown in its estimates to any major head of expenditure or from any major head or heads of expenditure to any other major head of expenditure a sum not exceeding or sums in the aggregate not exceeding 20 per cent of the amount approved for the major head to which such sum is or sums are transferred; and (b) transfer any sum or sums, without restriction, from any sub-head to any other sub-head within the same head of expenditure, but save as permitted by paragraph (a) no sum shall be transferred to any major head of expenditure without the approval of the Governor. (5) The Council may expend on any major head of expenditure or on any sub-head thereof only such sums as have been approved therefor by the Governor (and not transferred to any other major head or sub-head) and such sum as have been transferred thereto under subsection (4). Accounts (1) The Council shall keep proper accounts of all income and expenditure and shall maintain proper and adequate records thereof. (2) As soon as may be convenient after the end of each financial year the Council shall cause to be drawn up a statement of income and expenditure during such financial year and a statement of the assets and liabilities of the Council on the last day thereof. Audit (1) The Council shall appoint auditors who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the Council and to require such information and explanations thereon as they think fit. (2) The auditors shall audit the statements drawn up under section 23(2) as soon as possible and shall make a report thereon to the Council. Report, etc. to be laid on the table of the Legislative Council, and published (1) The Council shall as soon as possible after the end of each financial year, but not later than 6 months after the end of each financial year or such longer period as the Governor may as to any particular year allow, make to the Governor a report on its activities and shall transmit to the Governor therewith a copy of the statements drawn up under section 23(2) and the report made under section 24(2) and shall publish reports and statements. (2) The Governor shall cause to be laid on the table of the Legislative Council the reports and statements received by him under subsection (1). Investment of surplus funds All funds of the Council that are not immediately required shall be deposited on fixed deposit in any bank or savings bank nominated by the Financial Secretary, either generally or in any particular case, for that purpose, or, subject to the prior approval of the Financial Secretary, shall be invested in such investments as the Council thinks fit. Long title To provide for the establishment of the Hong Kong Export Credit Insurance Corporation, and to define its powers and functions. [23 December 1966] Short title Advisory Board establishment Policy Approval of policy in respect of certain matters Extent of indemnity Powers of the Corporation Provident fund scheme Appointment of officers Terms and conditions of employment Corporation indemnified Capital PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Export Credit Insurance Corporation Ordinance. Interpretation Loans Bank account Application of moneys Maximum liability Accounts Auditors Access by the Director of Audit Exemption from taxation, stamp duties Annual report Power of Governor to give directions to the Financial Secretary and the Corporation In this Ordinance, unless the context otherwise requires- "Advisory Board" (諮詢委員會) means the Advisory Board established by section 10; "auditors" (核數師) means the auditors appointed under section 25; "Commissioner" (總監) means the Commissioner of the Hong Kong Export Credit Insurance Corporation appointed under section 6; "Corporation" (保險局) means the Hong Kong Export Credit Insurance Corporation established by section 3; "financial year" (財政年度) means the period commencing on the 1 April in any year and ending on the 31 March in the year following, except that the period from the commencement of this Ordinance to 31 March 1967 shall be deemed to be a financial year; "trade with countries outside Hong Kong" (與香港以外國家進行的貿易) includes any transaction (including a transaction for the rendering of a service) involving a consideration in money or money's worth accruing from a person in the course of carrying on business or other activities outside Hong Kong to a person carrying on business in Hong Kong or to a company carrying on business or other activities outside Hong Kong which is directly or indirectly controlled by a company carrying on business or other activities in Hong Kong. Official seal and authentication thereof, and instruments executed thereunder (1) The Corporation shall have and may use a common seal, the affixing of which shall be authenticated by the signature of the Commissioner. (2) Any instrument purporting to be an instrument duly executed under the seal of the Corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into, signed or executed on behalf of the Corporation by any person generally or specially authorized for that purpose by the Corporation. Appointment of Commissioner (1) The Governor may appoint a Commissioner of the Hong Kong Export Credit Insurance Corporation, who may be a public officer seconded for the purpose, on such terms and conditions as he may think fit. (2) The appointment of any person to be the Commissioner, and the termination of his appointment, shall be notified in the Gazette. Delegation of powers by the Corporation The Corporation may delegate any officer of the Corporation, or the person for the time being holding any office of the Corporation designated by it, to exercise such of its powers, except this power of delegation, or perform such of its functions and duties on its behalf as it may consider necessary. Acting Commissioner (1) If the office of Commissioner is vacant at any time or in the event of the absence from duty of the Commissioner, the Governor may appoint a person, who may be a public officer seconded for the purpose, to act as Commissioner on such terms and conditions as he may think fit. (2) A person appointed to act as Commissioner by reason of a vacancy in the office of Commissioner shall hold office during the pleasure of the Governor, but shall not in any event continue in office for more than 1 year from the date of his appointment. (3) A person appointed to act as Commissioner in the event of the absence from duty of the Commissioner shall hold office during that absence, but his appointment may at any time be terminated by the Governor. Business of the Corporation Power of Corporation to enter into re-insurance agreement Guarantees (1) The Corporation may, subject to the provisions of this Ordinance, carry on the business of insurance, being insurance under the contracts of insurance specified in subsection (2), and the business of giving guarantees under section 9B. (Amended 8 of 1974 s.2) (2) The contracts of insurance which the Corporation may enter into under this section are contracts of insurance with, or for the benefit of, persons carrying on business in Hong Kong, being contracts of insurance against risk of monetary loss or other monetary detriment attributable to circumstances outside the control of the person suffering the loss or detriment and resulting from failure to receive payment in connection with, or otherwise arising out of, acts or transactions in the course of, or for the purpose of, trade with countries outside Hong Kong. (3) The Corporation shall not enter into contracts of insurance against risks that are normally insured with commercial insurers. (4) The Corporation shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue account. Power of Corporation to enter into re-insurance agreement The Corporation may enter into an agreement with any person whereby such person undertakes to insure the Corporation against all or any of the liability of the Corporation under a contract of insurance entered into under section 9 either before or after the commencement of the Hong Kong Export Credit Insurance Corporation (Amendment) Ordinance 1970 (58 of 1970). Guarantees Where- (a) the Corporation has entered into, or proposes to enter into, a contract of insurance under section 9 with, or for the benefit of, any person; and (b) another person has advanced, or proposes to advance, moneys to the first-mentioned person for the purpose of financing, in whole or in part, the acts and transactions, which are the subject matter of the contract of insurance, the Corporation may guarantee to that other person the re-payment of the whole or any part of the moneys advanced or to be advanced by him and the payment of the whole or any part of any interest or other charges that may become payable to him in respect of those moneys. Advisory Board establishment PART III ADVISORY BOARD (1) There is hereby established an Advisory Board to advise the Corporation in the conduct of its business under this Ordinance. (2) The Advisory Board shall consist of- (a) the Commissioner of Insurance or his representative; (Amended L.N. 206 of 1977; L.N. 294 of 1982; L.N. 215 of 1984; L.N. 392 of 1990) (b) the Executive Director, Hong Kong Trade Development Council, or his representative; and (c) not more than 10 other members. (3) The members of the Advisory Board, other than the Commissioner of Insurance and the Executive Director, Hong Kong Trade Development Council- (Amended L.N. 206 of 1977; L.N. 294 of 1982; L.N. 215 of 1984; L.N. 392 of 1990) (a) shall be appointed by the Governor for a term not exceeding 3 years at a time; and (b) shall upon appointment take an oath before a commissioner for oaths in the form prescribed in the First Schedule. (Amended 47 of 1997 s. 10) (4) If a member of the Advisory Board has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Board at which the contract or other matter is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting of the Board, disclose to the Board the fact and the nature of his interest. (5) The Corporation shall not be bound by the advice of the Advisory Board. Policy PART IV POLICY OF THE CORPORATION The Corporation shall keep the Financial Secretary informed of the decisions of the Corporation insofar as they relate to matters of policy in relation to the conduct of its business. Approval of policy in respect of certain matters (1) The policy pursued by the Corporation with respect to any of the following matters, namely- (a) the classes of contracts of insurance into which the Corporation will enter; (b) the nature and extent of the risks that may be covered under contracts of insurance entered into by the Corporation; (c) the undertaking of liabilities in relation to trade with particular countries; (d) the organization of the finances of the Corporation and the determination of the use to which any surpluses acquired by the Corporation are to be put; (e) the determination of the total amount of the capital and reserves required by the Corporation taking into account the sums at risk under contracts of insurance entered into by the Corporation; and (f) the giving of guarantees, (Added 8 of 1974 s.4) shall be subject to the approval of the Financial Secretary: Provided that nothing in this subsection shall prevent the Corporation, when it considers an immediate decision is required, from pursuing a policy which has not been approved by the Financial Secretary if it seeks his approval of such policy at the first available opportunity. (2) Nothing in subsection (1) shall be construed as- (a) requiring the approval of the Financial Secretary to the entering by the Corporation into a particular contract of insurance or the giving by the Corporation of a particular guarantee; or (b) empowering the Financial Secretary to determine that the Corporation shall or shall not enter into a particular contract of insurance or give a particular guarantee, but the Corporation shall not enter into a particular contract of insurance or give a particular guarantee unless the contract or guarantee is in accordance with the policy approved by the Financial Secretary. (Replaced 8 of 1974 s.4) (3) In this section- "surplus" (盈餘) means those balances which the Corporation has in hand at the end of any financial year and which are not required to meet- (a) payments at that time due to be made as a result of claims under examination in respect of contracts of insurance entered into by the Corporation; (b) payments due to be made in respect of the operating expenses of the Corporation; (c) provision for expenditure on capital items, on replacements of fixed assets and on amortization payments incurred by the Corporation; (d) such sums as in the opinion of the Corporation may be required to cover the unexpired risks on contracts of insurance entered into by the Corporation; and (e) any other liabilities. Extent of indemnity (1) A contract of insurance entered into by the Corporation shall specify a percentage as the percentage of the amount of the loss, as defined in the contract, to which the indemnity under the contract extends. (2) The maximum percentage so specified in any contract of insurance shall not exceed 90 per cent or such other maximum percentage as may be prescribed by the Legislative Council by resolution. (Amended L.N. 185 of 1975) Powers of the Corporation PART V POWERS OF THE CORPORATION The Corporation may do, within the Colony or elsewhere, all things necessary or convenient to be done for and in connection with, or incidental to, the carrying on of its business and, in particular, may- (a) acquire, hold and dispose of immovable or movable property; (b) enter into any contract; and (c) pay to the Government out of surpluses held by the Corporation such sums as may be determined pursuant to the policy approved in this respect by the Financial Secretary under section 12(1). Provident fund scheme The Corporation may, with the approval of the Governor, establish, manage and control, or enter into an arrangement with an insurance company or association for the establishment, management and control by such company or association, either alone or jointly with the Corporation, of a provident fund scheme for the benefit of the Commissioner and any of the officers of the Corporation, or of any specified class of officer of the Corporation, and if so required by rules governing such scheme may make contributions thereto in accordance with such rules. Appointment of officers PART VI STAFF Subject to the provisions of section 17, the Corporation may appoint such officers as it thinks necessary. Terms and conditions of employment (1) The terms and conditions of employment of officers appointed by the Corporation shall be such as are determined by the Corporation with the approval of the Financial Secretary. (2) The appointment by the Corporation of an officer whose annual salary is equivalent to or exceeds that of a Senior Administrative Officer in the public service shall be subject to the approval of the Governor. (Amended 8 of 1974 s.5; 5 of 1990 s. 2) Corporation indemnified PART VII FINANCE The Government shall guarantee the payment of all moneys due by the Corporation, but nothing in this section shall authorize a creditor or other person claiming against the Corporation to sue the Government in respect of his claim. Capital The Financial Secretary may pay to the Corporation from the general revenue of the Colony or the Development Loan Fund, in such amounts and at such times as he determines, sums of money not exceeding in the aggregate $20000000, and the capital of the Corporation shall consist of the amounts so paid to the Corporation. Loans (1) The Financial Secretary may, out of moneys appropriated by the Legislative Council for the purposes of this Ordinance, make advances to the Corporation of such amounts, and upon such terms and conditions with respect to repayment, payment of interest and otherwise, as the Financial Secretary may determine. (2) The Corporation may borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge all or any part of the property of the Corporation, but without the prior approval of the Financial Secretary no sum shall be borrowed or otherwise raised under this subsection which itself or together with all other sums previously borrowed or otherwise raised under this subsection and still outstanding exceeds or in the aggregate exceed 5 per cent of the capital and reserves of the Corporation. Bank account (1) The Corporation shall open and maintain an account with such bank as the Financial Secretary may approve. (2) The Corporation shall pay all moneys received by it into such an account as is referred to in subsection (1). Application of moneys (1) Save as otherwise provided by this Ordinance, the moneys of the Corporation shall be applied only- (a) in payment or discharge of the expenses, charges and liabilities incurred or undertaken by the corporation in the exercise of its powers or the performance of its functions and duties under this Ordinance; and (b) in payment of the remuneration and allowances of the Commissioner. (2) Moneys of the Corporation not immediately required for the purposes of the Corporation may be invested on deposit with any bank or in such other manner as the Financial Secretary may direct. Maximum liability The contingent liability of the Corporation under contracts of insurance shall not at any time exceed the sum of three hundred million dollars* or such other sum as may be determined by the Legislative Council by resolution. (* Amount amended by resolutions of the LegCo - see L.N. 135 of 1967; L.N. 19 of 1969; L.N. 75 of 1971; L.N. 209 of 1973; L.N. 210 of 1974; L.N. 200 of 1977; L.N. 109 of 1980; L.N. 172 of 1982; L.N. 108 of 1984; L.N. 79 of 1985; L.N. 34 of 1988; L.N. 159 of 1989; L.N. 97 of 1991. Current amount is $10000 million - see L.N. 612 of 1997.) Accounts (1) The Corporation shall keep proper accounts of all income and expenditure and shall maintain proper and adequate records thereof. (2) As soon as may be convenient after the end of each financial year, the Corporation shall cause to be drawn up, in such form as the Financial Secretary may approve, a statement of its income and expenditure during such financial year and a statement of the assets and liabilities of the Corporation on the last day thereof. Auditors (1) The Corporation shall with the approval of the Financial Secretary appoint auditors, who shall be entitled at any time to have access to all accounts, records and documents of the Corporation and to require such information and explanation thereon as they may think fit. (2) The auditors shall audit the statements drawn up under section 24(2) as soon as possible and shall make a report thereon to the Corporation. Access by the Director of Audit The Director of Audit and any public officer authorized by him shall be entitled at all reasonable times to full and free access to all accounts, records and documents of the Corporation relating directly or indirectly to the receipt or payment of moneys by the Corporation or to the acquisition custody or disposal of assets of the Corporation. Exemption from taxation, stamp duties (1) The profits of the Corporation shall not be subject to taxation. (2) Notwithstanding the provisions of the Stamp Duty Ordinance (Cap 117), the Corporation shall not be liable to pay stamp duty in excess of $5 in respect of any instrument or document executed by or on behalf of the Corporation. (Amended 31 of 1981 s. 65) Annual report (1) The Corporation shall, within a period of 6 months, or within such longer period as the Governor may determine, after the end of each financial year, furnish to the Governor a report of its operations during that financial year, copies of the financial statements in respect of that year drawn up under section 24(2) and a copy of the auditors' report on those statements. (2) The Governor shall cause to be laid on the table of the Legislative Council the reports and financial statements furnished to him pursuant to subsection (1). Power of Governor to give directions to the Financial Secretary and the Corporation PART VIII MISCELLANEOUS (1) The Governor may give to the Financial Secretary and the Corporation such directions as he thinks fit with respect to the exercise or performance of their respective powers, functions and duties under this Ordinance, either generally or in any particular case. (2) The Financial Secretary and the Corporation shall, in the exercise or performance of their respective powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1). Validity of insurance contracts and guarantees Without prejudice to the duty of the Corporation to comply with the provisions of this Ordinance, a contract of insurance entered into, or a guarantee given, by the Corporation shall not be invalidated by reason of a contravention by the Corporation of any provision of this Ordinance. Secrecy (1) The Commissioner and such other officers of the Corporation as the Corporation may require shall, before entering on the performance of their duties, take an oath before a commissioner for oaths in the form prescribed in the Second Schedule. (Amended 47 of 1997 s. 10) (2) Any person who in the performance of his functions or duty, or in the course of his employment, under or in connection with the provisions of this Ordinance has acquired, or has access to, information relating to the affairs of any person shall not, except in performance of his functions or duty, or in the course of his employment, under or in connection with the provisions of this Ordinance, communicate or make available that information to any other person. (3) Any person who contravenes the provisions of subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 2 years. False statements Any person who wilfully makes a statement which is false or misleading in a material particular in or in connection with an application or proposal for insurance or a guarantee, or for the purposes of a claim under a contract of insurance or a guarantee, under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 2 years. Oath or Affirmation of Secrecy [section 10] Advisory Board I, ..................................................................................................................................do swear by Almighty God (or do solemnly and sincerely affirm and declare) that I will not, except in the performance of my functions as a member of the Advisory Board established by the Hong Kong Export Credit Insurance Corporation Ordinance (Cap 1115), communicate or make available to another person any information relating to the affairs of a person coming to my knowledge, or to which I have access, as a member of the Advisory Board. (Signed) .................................................................... In Hong Kong this ............................................. day of ................................................... Before me, ........................................................................................................... Commissioner for Oaths. Oath or Affirmation of Secrecy [section 31] I, .................................................................................................................................. do swear by Almighty God (or do solemnly and sincerely affirm and declare) that I will not, except in the performance of my functions or duty or in the course of my employment under or in connection with the Hong Kong Export Credit Insurance Corporation Ordinance (Cap 1115), communicate or make available to another person any information relating to the affairs of a person coming to my knowledge, or to which I have access, in the performance of my functions or duty or in the course of my employment under or in connection with the said Ordinance. (Signed) .................................................................... In Hong Kong this ............................................. day of ................................................... Before me, ........................................................................................................... Commissioner for Oaths. Long title To provide for the establishment of the Hong Kong Productivity Council and to define its powers and functions. [20 January 1967] Short title Chairman of meetings, and restriction on voting Meetings of the Council Transaction of business by circulation of papers Validity of proceedings (Repealed 67 of 1993 s. 6) (Repealed 67 of 1993 s. 6) Estimates Accounts Audit Reports to be laid on table of Legislative Council PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Productivity Council Ordinance. Interpretation Investment of surplus funds Prohibition of possession and use of emblem Amendment of Second Schedule (Repealed 67 of 1993 s. 7) In this Ordinance, unless the context otherwise requires- "arrangement" (安排) means contract, licensing agreement or agreement under seal; "Chairman" (主席) means the Chairman of the Hong Kong Productivity Council appointed under section 9(1)(a) or, during the absence from Hong Kong or incapacity of the Chairman so appointed, the person (if any) appointed under subsection (5) of that section to act as Chairman or, if no person has been appointed to act as Chairman, the Deputy Chairman appointed under subsection (2) of that section; "company" (公司) means a company registered under the Companies Ordinance (Cap 32) and limited by shares; "Council" (促進局) means the Hong Kong Productivity Council established by section 3; "Executive Director" (總裁) means the Executive Director appointed under section 5(1)(h) by the Council. Establishment and incorporation of the Hong Kong Productivity Council PART II THE HONG KONG PRODUCTIVITY COUNCIL There is hereby established a council to be called the Hong Kong Productivity Council which shall, in that name, be a body corporate with perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. Functions of Council (1) The functions of the Council shall be- (a) to promote the increased productivity of industry in Hong Kong and to encourage the more efficient utilization of resources therein; (b) to consider matters affecting productivity of industry in Hong Kong; (c) to advise the Governor concerning the productivity of industry in Hong Kong and measures designed to increase it; (d) to consult with, co-ordinate and assist the activities of persons or organizations, either in Hong Kong or elsewhere, engaged in the study, development or dissemination of programmes, methods or techniques designed to increase productivity in industry; and (e) to take on productivity related assignments elsewhere than in Hong Kong subject to the conditions specified in subsection (2). (2) The Council shall not carry out any work in pursuance of the function referred to in subsection (1)(e) unless- (a) the work can be carried out without prejudice to the performance by the Council of the functions referred to in subsection (1)(a), (b), (c) and (d); and (b) the minimum rate charged by the Council for the work is sufficient to recover all costs incurred in carrying out that work, which costs shall include direct costs (recurrent and capital) and overhead costs. (3) In favour of a person dealing with the Council in good faith, any transaction decided on by the Council in pursuance, or purporting to be in pursuance, of the function referred to in subsection (1)(e) shall be deemed to be one which it is within the power of the Council to enter into, and the power of the Council to so enter into that transaction shall be deemed to be free of any limitation referred to in subsection (2), and a party to such a transaction shall not be bound to inquire as to the power of the Council to enter into it or as to any limitation referred to in subsection (2) on the Council to enter into it or to carry it out, and shall be presumed to have acted in good faith unless the contrary is proved. Powers of Council Governor in Council may give directions (1) Subject to subsections (1A), (1B), (1C), (1D) and (2), the Council may do all such things as are calculated to facilitate, or as are incidental or conducive to, the better carrying out of its functions and may in particular, but without prejudice to the generality of the foregoing- (Amended 18 of 1990 s. 2) (a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (ab) sell or otherwise dispose of shares acquired by it in a company referred to in paragraph (l) or a company established by it pursuant to its power under paragraph (n); (Added 18 of 1990 s. 2) (b) enter into, assign or accept the assignment of, vary or rescind, any contract, agreement or other obligation; (Replaced 18 of 1990 s. 2) (c) to meet expenditure on any item shown in the estimates of expenditure of the Council approved by the Governor under section 16, borrow or otherwise raise money on such security as may be necessary, and for that purpose, charge all or any of the property of the Council, but without the prior approval of the Financial Secretary no sum shall be borrowed or otherwise raised under this paragraph which itself, or together with all other sums previously borrowed or otherwise raised under this paragraph and still outstanding, exceeds, or in the aggregate exceed, 10 per cent of the total estimated expenditure approved by the Governor under section 16 for the current financial year; (d) become a member of, act as agent for or otherwise take part in the activities of any association or institution (other than any association or institution which is a company) which is, either wholly or in part, concerned with any matter relating to productivity of industry; (e) found scholarships, make research grants or otherwise give financial or other assistance to persons engaged in study or research into any matter relating to productivity of industry; (f) hold classes, seminars, demonstrations, exhibitions, lectures or any other form of instructional or promotional activity and charge fees therefor; (g) publish periodicals, booklets or other written material, and produce or sponsor the production of documentary films or other audio-visual material, and distribute the same by sale or by loan, hire or otherwise with or without charge as the Council thinks fit; (h) from time to time and subject to section 6, appoint an Executive Director to be the chief administrative officer of the Council and such other officers, servants and agents as it considers necessary for the efficient performance of its functions; and employ any professional person to advise the Council on any point arising out of or in connection with any of the functions or powers of the Council; (i) appoint a standing committee (of which the Executive Director shall be an ex officio member) for such general purpose, and from time to time a special committee for such special purpose, as in the opinion of the Council would be better regulated and managed by such a committee; (Replaced 67 of 1993 s. 3) (j) subject to subsection (3), by instrument in writing, delegate to the Executive Director or any committee appointed under paragraph (i) such of its powers and functions as it deems expedient for the efficient performance of the Council's functions, and in so doing shall determine the limit of expenditure which may be incurred, without further authorization, in the exercise of any power so delegated: Provided that no delegation made hereunder shall preclude the Council from exercising or performing at any time any of the powers or functions so delegated; (Replaced 67 of 1993 s. 3) (k) patent any invention invented by, or with the assistance of, the Council and sell, let, license or otherwise dispose of the same; (Added 57 of 1985 s. 4) (l) enter into an arrangement with any company engaged in industry for the establishment, management and control by such company either alone or jointly with the Council of a scheme calculated to facilitate, or be incidental or conducive to, the better carrying out of the functions of the Council; (Added 57 of 1985 s. 4. Amended 18 of 1990 s. 2) (m) undertake any project relating to productivity of industry not otherwise provided for in this section; (Added 57 of 1985 s. 4. Amended 18 of 1990 s. 2) (n) establish any company, either alone or jointly with another person, for the purpose of doing any thing which the Council may do and may vest in any company so established such functions and powers as in the opinion of the Council are calculated to facilitate, or be incidental or conducive to, the better carrying out of activities relating to productivity of industry; and (Added 18 of 1990 s. 2) (o) for the purpose of establishing a company pursuant to its power under paragraph (n), acquire a company limited by guarantee which is, either wholly or in part, concerned with any matter relating to productivity of industry. (Added 18 of 1990 s. 2) (1A) For the purposes of subsection (1)(l), the Council may become a member of, act as agent for or otherwise take part in the activities of or, subject to subsection (1B), acquire shares of any company which is, either wholly or in part, concerned with any matter relating to productivity of industry. (Added 57 of 1985 s. 4) (1B) For the purposes of subsection (1)(l), the Council shall not acquire any interest in a company other than to acquire from that company, without any payment by the Council, shares of that company in return for the Council entering into an arrangement with that company: (Added 57 of 1985 s.4) Provided that the Council may acquire shares in that company by payment where the Council has the approval of the Governor to so acquire such shares, which approval may specify the maximum amount of such payment in any particular case. (Added 18 of 1990 s. 2) (1C) Where the Council has established a company pursuant to its power under subsection (1)(n), the Council- (a) shall not acquire shares in such company by payment except with the approval of the Governor, which approval may specify the maximum amount of such payment in any particular case; and (b) may- (i) make loans to such company upon such terms and conditions as the Council thinks fit; or (ii) give other financial assistance (including gifts) to such company with the approval of the Governor, which approval may specify the maximum amount of such financial assistance in any particular case. (Added 18 of 1990 s. 2) (1D) The Council shall not acquire by payment a company referred to in subsection (1)(o) except with the approval of the Governor. (Added 18 of 1990 s. 2) (2) The Council may, with the approval of the Governor, establish, manage and control, or enter into an arrangement with an insurance company or association for the establishment, management and control by such company or association either alone or jointly with the Council of a provident fund scheme for the benefit of all or any of the officers and servants of the Council or of any specified class of officer or servant of the Council, and if so required by the rules governing such scheme may make contributions thereto in accordance with such rules. (3) Subsection (1)(j) shall not permit the delegation of the power- (a) to approve the annual programme or estimates of income and expenditure of the Council, or (b) to authorize the annual report or statements of income and expenditure and of assets and liabilities of the Council, or (c) (Repealed 83 of 1974 s. 2) (d) to approve general terms and conditions of service of officers or servants of the Council, or (e) to transfer, under section 16(4)(a), any sum exceeding the amount specified in Part I of the Second Schedule from any major head of expenditure to any other major head or heads of expenditure in the approved estimates of expenditure of the Council, or (f) to establish or enter into any arrangement for the establishment of a provident fund scheme under subsection (2), and shall not permit the delegation to any committee appointed under subsection (1)(i) of the power to transfer any sum from any sub-head of expenditure to any other sub-head in the approved estimates of expenditure of the Council. Governor in Council may give directions (1) The Governor in Council may, if he considers the public interest so requires, give directions in writing to the Council with respect to the exercise of its powers and the performance of its functions under this Ordinance, and the Council shall comply with those directions. (Amended 57 of 1985 s. 5) (2) No such direction shall be inconsistent with any provision of this Ordinance. Approval of salary scales by Governor (1) The Council shall, before establishing or varying any salary scale (including any scale of allowances and other pecuniary benefits) for any officer or servant or class of officer or servant of the Council, submit for the approval of the Governor particulars thereof, and the Governor may confirm the same either generally in respect of the relevant class of officer or servant or specially in respect of a particular officer or servant or a particular post. (2) No officer or servant of the Council shall be paid any salary other than a salary in the appropriate scale approved by the Governor under subsection (1). Seal of the Council (1) The Council shall have a common seal, and the fixing of the seal shall- (a) be authorized or ratified by resolution of the Council; and (b) be authenticated by the signatures of any 2 members of the Council, authorized by resolution of the Council either generally or specially to act for that purpose. (2) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose. Membership of Council PART III MEMBERSHIP AND PROCEDURE OF COUNCIL (1) The Council shall consist of not more than 23 members to be appointed by the Governor, of whom- (Amended 18 of 1990 s. 3) (a) one shall be appointed by the Governor as Chairman of the Council; (b) not more than 17 shall be appointed to represent management, labour and professional or academic interests; and (Amended 18 of 1990 s. 3; 67 of 1993 s. 4) (c) not more than 5 shall be public officers. (Replaced 83 of 1974 s. 3. Amended 67 of 1993 s. 4) (2) There shall be a Deputy Chairman of the Council who shall be appointed by the Governor from amongst the members. (3) (a) Every member of the Council who is a public officer shall hold office during the pleasure of the Governor. (b) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap 1), every member of the Council who is not a public officer shall be appointed for a period of 2 years or for such lesser period as the Governor may in any particular case appoint, but may from time to time be reappointed. (4) Any member who is not a public officer may at any time by notice in writing to the Governor resign from the Council. (5) If the Chairman of the Council is absent from Hong Kong or is, for any other reason unable to act as Chairman, the Governor may appoint a member of the Council to act as Chairman during the absence or incapacity of the Chairman. (6) If any member other than the Chairman is absent from Hong Kong, or is for any other reason unable to exercise the powers or perform the duties of his office as a member of the Council, the Governor may appoint another person to be a temporary member of the Council during the absence or incapacity of that member. Chairman of meetings, and restriction on voting The Chairman or, in his absence from any meeting, the Deputy Chairman appointed under section 9(2) shall preside at every meeting of the Council but the person presiding at a meeting shall not vote thereat except in the case of an equality of votes when he shall have a casting vote. Meetings of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may from time to time appoint. (2) The Chairman shall, if requested by notice in writing signed by not fewer than 4 members of the Council, convene a meeting of the Council within 14 days of that notice. (3) At all meetings of the Council a majority of the members shall form a quorum. (4) All questions arising at any meeting of the Council shall be decided by a majority of votes of the members present and voting thereon. (5) Subject to this Ordinance, the Council may by resolution make rules for the procedure at and conduct of its meetings. (6) If a member is in any way directly or indirectly interested in a matter under discussion at a meeting of the Council- (a) he shall disclose the nature of his interest at the meeting; (b) the disclosure shall be recorded in the minutes of the Council; (c) the member presiding at the meeting may at his discretion require the member who has disclosed the interest to withdraw from the meeting; and (d) in the event that the member who has disclosed the interest is the member presiding at the meeting, the other members present may, by a majority of votes, require him to withdraw from the meeting, and (in the absence of the Deputy Chairman) appoint one of their number to preside at the meeting during his absence. (Added 67 of 1993 s. 5) Transaction of business by circulation of papers The Council may, if it thinks fit, transact any of its business by the circulation of papers, and a resolution in writing approved in writing by a majority of the members thereof shall be as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving the resolution. Validity of proceedings The validity of any proceeding of the Council shall not be affected by any defect in the appointment of any member or by the absence of any member from the meeting at which such proceeding occurred or by any vacancy among members of the Council. (Repealed 67 of 1993 s. 6) PART IV (Repealed 67 of 1993 s. 6) PART IV Estimates PART V FINANCIAL PROVISIONS AND REPORTS (1) Each financial year, before a date to be appointed by the Governor, the Council shall forward to the Financial Secretary, for the approval of the Governor, a programme of its proposed activities for the next financial year together with or incorporating estimates of its income and expenditure for the next financial year in the form required by subsections (2) and (3): Provided that the programme and estimates of income and expenditure for the first financial year of the Council shall be forwarded as soon as is practicable after the commencement of this Ordinance. (2) The estimates required by subsection (1) shall set out the source of all income, and shall show the distribution of expenditure under the following major heads- (a) staff emoluments (including provision for provident fund contributions and benefits, medical expenses and other ancillary pecuniary benefits); (b) capital expenditure exceeding the amount specified in Part II of the Second Schedule on any one item; (Amended 57 of 1985 s. 9) (c) recurrent expenditure other than expenditure shown under head (a) aforesaid and capital expenditure other than expenditure shown under head (b) aforesaid; (d) non-recurrent expenditure other than capital expenditure shown under head (b) or (c) aforesaid. (3) Each major head of expenditure shall show clearly the destination of all moneys and where several matters are dealt with under the one head each such matter shall be itemized and be shown in a separate sub-head relating to similar items of expenditure. (4) Notwithstanding the approval of the Governor of the estimates of the Council, the Council may at any time or from time to time and with or without specifying the purpose of the transfer- (a) transfer to head (b), (c) or (d), or to each such head, from any other major head of expenditure a sum not exceeding or sums in the aggregate not exceeding 20 per cent of the amount approved for the head to which such sum is or sums are transferred; and (Amended 57 of 1985 s.9) (b) transfer any sum or sums, without restriction, from any sub-head to any other sub-head or sub-heads within the same head of expenditure, but save as permitted by paragraph (a) no sum shall be transferred from one major head to any other major head of expenditure without the approval of the Governor. Accounts (1) The Council shall keep proper accounts of all income and expenditure and shall maintain proper and adequate records thereof. (2) As soon as may be convenient after the end of each financial year the Council shall cause to be drawn up a statement of income and expenditure during such financial year and a statement of the assets and liabilities of the Council on the last day thereof. Audit (1) The Council shall appoint auditors who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the Council and to require such information and explanations thereon as they think fit. (2) The auditors shall audit the statements drawn up under section 17(2) as soon as possible and shall make a report thereon to the Council. Reports to be laid on table of Legislative Council (1) The Council shall as soon as possible after the end of each financial year, but not later than 6 months after the end of each financial year or such longer period as the Governor may as to any particular year allow, make to the Governor a report on its activities and shall transmit to the Governor therewith a copy of the statements drawn up under section 17(2) and the report made under section 18(2). (Amended 57 of 1985 s. 10) (2) The Governor shall cause to be laid on the table of Legislative Council the reports and statements received by him under subsection (1). Investment of surplus funds All funds of the Council that are not immediately required shall be deposited on fixed deposit in any bank or savings bank nominated by the Financial Secretary, either generally or in any particular case, for that purpose, or, subject to the prior approval of the Financial Secretary, shall be invested in such investments as the Council thinks fit. Prohibition of possession and use of emblem PART VI MISCELLANEOUS (1) Except with the authority of the Council, no person shall use or have in his possession- (a) the emblem of the Council, which emblem is portrayed in the First Schedule, or any copy or replica of such emblem; (Amended 57 of 1985 s. 11) (b) any emblem or device containing the words "Hong Kong Productivity Council"; or (c) any emblem or other device which so resembles the emblem or any device of the Council as to be capable of being mistaken for such emblem or device. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $1000. Amendment of Second Schedule The Governor may by order published in the Gazette amend the Second Schedule. [section 21] SPECIFIED AMOUNTS [sections 5(3)(e), 16(2)(b) & 22] PART I $200000 PART II $75000 Long title To establish The English Schools Foundation, to provide for its incorporation, constitution, functions and matters connected therewith. [17 February 1967] Short title Regulations Members Form of contract Registration with Registrar of Companies Saving This Ordinance may be cited as The English Schools Foundation Ordinance. Interpretation (1) In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the Foundation; "Foundation" (協會) means The English Schools Foundation established and incorporated under section 3; "Principal" (校長) means the headmaster of a school; "regulations" (規例) means the regulations of the Foundation made under section 10 and filed with the Registrar of Companies in accordance with section 13; "school" (學校) means an institution or place which provides or where there is provided for 10 or more persons kindergarten, primary, secondary, post-secondary or further education or other educational course, and in the case of instruction given by means of correspondence delivered by hand or through the postal services, the institution or place where the instruction is prepared or where the work of the pupils is examined. (2) For the purpose of this Ordinance, "good cause" (好的因由), when used with reference to removal from office, membership or place, means inability to perform efficiently the duties of the office, neglect of duty, or such misconduct, whether in an official or a private capacity, as renders the holder unfit to continue in office. Incorporation of the English Schools Foundation There is hereby established in the Colony a Foundation with the name of "The English Schools Foundation". Subject to section 11, the Foundation shall consist of such members as may be provided by regulations made under section 10. The Foundation shall be a body corporate and shall have perpetual succession and may sue or be sued in that name and shall have and may use a common seal and may from time to time break, change, alter and make anew the said seal as the Foundation may deem fit. Powers of Foundation (1) The Foundation shall have full power to take by gift or otherwise purchase and hold, grant, demise, mortgage or otherwise dispose of real or personal estate and in addition shall have all other powers conferred by under or by virtue of this Ordinance. (Amended 74 of 1974 s. 3) (2) Subject to the provisions of the Education Ordinance (Cap 279) the Foundation shall have full power to own, manage, administer and operate within the Colony schools offering, without regard to race or religion, a modern liberal education through the medium of the English language to boys and girls who are able to benefit from such an education. Dividends prohibited No dividend or bonus whatsoever shall be paid and no gift or division of money or any property whatsoever shall be made by or on behalf of the Foundation to any of its members or to any of the staff or students of the schools of the Foundation except by way of prize, reward or special grant. Manager and Supervisor of the Schools (1) Subject to the approval of the Director of Education, the Foundation shall, for the purposes of the Education Ordinance (Cap 279), be registered as the sole manager and supervisor of each of the schools of the Foundation. (2) Acting on behalf of the Foundation, the Principal of a school of the Foundation shall conduct all correspondence relating to the administration, management and supervision of such school. Foundation, Executive Committee, School Councils, their constitution, powers and duties (1) The Foundation shall establish an Executive Committee and School Councils. The respective constitutions, powers and duties of the Foundation, the Executive Committee and the School Councils shall be as prescribed by this Ordinance. (2) The Foundation shall, subject to the provisions of this Ordinance, be the supreme governing body over the Executive Committee, the School Councils, the schools and any committees established thereunder, and the Executive Committee, the School Councils, the schools and the other committees shall comply with any resolutions which may from time to time be made by the Foundation. (3) The Executive Committee shall be the executive body of the Foundation, shall provide for the custody and use of the common seal, and, subject to the provisions of the Education Ordinance (Cap 279) and of this Ordinance, it shall administer the property and manage the affairs of the Foundation. (4) Subject to the provisions of this Ordinance and to the financial control of the Executive Committee, each School Council shall have the regulation of all matters relating to education within its own school. (5) No act or resolution of the Foundation, the Executive Committee or the School Councils shall be invalid by reason only of any vacancy in, or any want of qualification by or invalidity in the election or appointment of any member of, any such body. Committees generally (1) The Foundation, the Executive Committee and any School Council respectively may establish such committees as they think fit. (2) Unless otherwise expressly provided by the regulations, any committee may consist partly of persons who are not members of the Foundation, the Executive Committee or the School Council, as the case may be. (3) Subject to the provisions of this Ordinance, the Foundation, the Executive Committee and any School Council respectively may, with or without restrictions or conditions as they think fit, delegate any of their powers and duties to any committee. Officers and staff, their appointment, powers, duties and emoluments (1) The officers of the Foundation shall be the Chairman, Vice-chairman, Secretary, Treasurer and such other persons as may be designated as officers by the regulations. (2) All officers shall be appointed by the Foundation in accordance with the regulations, and the Foundation shall not terminate any such appointment otherwise than for good cause after the consideration of the recommendation of the Executive Committee. (3) The Chairman shall be the chief officer of the Foundation, and shall preside at all meetings of the Foundation and of the Executive Committee. (4) In the absence of the Chairman, the Vice-chairman shall have all the powers and duties of the Chairman. (5) In the absence of the both the Chairman and the Vice-chairman from a meeting of the Foundation or of the Executive Committee the Secretary or the Treasurer shall preside until the members present shall have elected a chairman from amongst themselves to conduct the business of the meeting. (6) The Secretary shall be the principal academic and administrative officer of the Foundation. (7) In the absence of the Secretary the Foundation may appoint an Acting Secretary, who shall, while acting, have all the powers and duties of the Secretary. (8) Subject to the approval of the Director of Education the Principal of each school shall be appointed and the period of such employment shall be determined by the Executive Committee acting on behalf of the Foundation upon the recommendation of the appropriate School Council. The Executive Committee shall not terminate any such appointment otherwise than for good cause after due consideration of the recommendation of the School Council. (9) A Principal shall be responsible for the appointment of all other members of the staff of his school, such appointments being subject to confirmation by the Executive Committee acting on behalf of the Foundation upon the recommendation of the Principal and of the School Council. (10) An appeal shall lie to the Foundation from any decision of the Executive Committee to terminate the appointment of any member of the staff of a school. (11) The powers and duties of the officers of the Foundation, the Principals of each school and the staff of the schools, the period and conditions for and upon which they hold office, and their emoluments shall be such as are prescribed by this Ordinance or by the terms of the contract of service or employment. (12) Notwithstanding the provisions of subsections (2), (8) and (9) any officer or member of staff- (a) who is appointed after or continued in employment beyond the retiring age determined by the Executive Committee; or (b) whose employment is temporary, part-time or probationary, may be removed from office in accordance with the terms of his contract or on any other lawful grounds, without any reason for such removal being assigned. Regulations (1) The Foundation may make regulations- (a) for the composition, internal management, operation, administration and control of the Foundation and the Schools of the Foundation and with regard to any matter ancillary thereto including the fixing of a quorum for meetings of the Foundation which shall, unless otherwise provided by the regulations be ten members present in person; (b) generally, for the carrying into effect of this Ordinance. (2) It shall not be necessary for any regulations made under this section to be published or laid on the table of the Legislative Council. Members (1) The first members of the Foundation shall be- (a) (i) 2 persons nominated by the Members of the Legislative Council, other than Official Members, from among their own number; (Replaced 67 of 1987 s. 2) (ii) the Director of Education or his appointed representative; (iii) the Vice-Chancellor of the University of Hong Kong or his appointed representative; (iv) the Vice-Chancellor of the Chinese University of Hong Kong or his appointed representative; (v) the Bishop of Victoria, Hong Kong, or his appointed representative; (vi) the Roman Catholic Bishop of Hong Kong or his appointed representative; (vii) 1 person appointed by the Ministers of the Union Church, Hong Kong, the Kowloon Union Church, and the English Methodist Church jointly; (b) (i) 3 persons appointed by the members specified in paragraph (a) of this subsection to represent the interests of other professional groups; (ii) Such other persons or representatives of organizations, not exceeding 3 in number, as may be appointed by the members specified in paragraph (a) of this subsection to represent commercial interests. (2) The first members of the Foundation shall hold office until regulations are made under section 10 for the composition of the Foundation and shall then cease to hold office pursuant to this section. Form of contract (1) Contracts on behalf of the Foundation may be made as follows- (a) a contract which, if made between private persons, would be required by law to be in writing, shall be in writing and, if required by English law to be under seal, shall be made under the common seal of the Foundation; (b) a contract which, if made between private persons, would be required by law to be in writing, and signed by the parties to be charged therewith, shall be made on behalf of the Foundation in writing signed by any person acting under the express or implied authority of the Executive Committee; (c) a contract which, if made between private persons would be valid by law although made by parole only and not reduced into writing, may be made by parole on behalf of the Foundation by any person acting under the express or implied authority of the Executive Committee. (2) A contract made according to this section shall be effectual in law and shall bind the Foundation and all other parties thereto. (3) A contract made according to this section may be varied or discharged in the same manner in which it is authorized by this section to be made. (4) Instruments under seal made on behalf of the Foundation, sealed with the common seal of the Foundation, signed by the Chairman, or the Vice-chairman, or the Treasurer, and countersigned by the Secretary, shall be deemed to be duly executed. Registration with Registrar of Companies (1) The Foundation shall deliver to the Registrar of Companies for filing the following- (a) notice of the address of the principal office of the Foundation and any change thereof; (b) a copy of all regulations made by the Foundation, certified as correct by the Chairman and Secretary; and (c) a list of the names and addresses of the office bearers and members of the Executive Committee and any change therein, certified as correct by the Chairman and Secretary. (2) Delivery in accordance with subsection (1) shall be made within 28 days of the commencement of this Ordinance or within 28 days of the making of the regulations or of any change or appointment, as the case may be. (3) The Foundation shall pay such fees for filing any document with any public registry as may be prescribed under section 304 of the Companies Ordinance (Cap 32) for filing a document with the Registrar of Companies. (4) Filing of the documents mentioned in subsection (1) shall be conclusive evidence of the facts contained in such documents. (5) Any person may inspect any of the documents filed under this section upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To establish for the benefit of the people of Hong Kong a trust fund called the MacLehose Fund and to provide for the due administration of the fund and connected matters. [21 May 1982] Short title This Ordinance may be cited as the Sir Murray MacLehose Trust Fund Ordinance. Establishment of trust fund (1) There is established a fund called the MacLehose Fund. (2) The fund shall be held upon the trusts and subject to the provisions contained in this Ordinance. (3) The trustee of the fund shall be The Secretary for Home Affairs Incorporated incorporated under the Secretary for Home Affairs Incorporation Ordinance (Cap 1044). (Amended L.N. 67 of 1985; L.N. 68 of 1985; L.N. 263 of 1989) (4) The fund shall consist of- (a) the moneys and assets donated, subscribed or bequeathed before the commencement of this Ordinance with the object of establishing the fund and held by the trustee; (b) such other moneys and assets as may have been acquired before the commencement of this Ordinance by the use of any moneys or assets so held; and (c) such further moneys and assets as may, on or after the commencement of this Ordinance, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee for the fund; or (ii) otherwise acquired by the trustee for the fund. Application and object of the fund Subject to section 4, the trustee shall apply the fund for the benefit of the people of Hong Kong in such manner as the Governor in his sole discretion may direct. Special provisions relating to manner of application of fund (1) The trustee may, subject to the direction of the Governor, expend the income of the fund for the object specified in section 3. (2) Before 1 January 1985 the trustee may, subject to the direction of the Governor, expend a sum not exceeding $10000000 out of the capital of the fund for the object specified in section 3: Provided that the trustee shall, without prejudice to subsection (1), as soon after that date as the Governor thinks appropriate, replace from the income of the fund any capital so expended. (3) The trustee may lend any moneys of the fund for the object specified in section 3 without any interest or at such rate of interest as the Governor may direct. Investment of moneys (1) Notwithstanding section 8(2) of the Secretary for Home Affairs Incorporation Ordinance (Cap 1044), the trustee may invest any moneys of the fund in such investments as the Governor may direct, whether or not such investments are investments authorized by section 4 of the Trustee Ordinance (Cap 29). (Amended L.N. 67 of 1985; L.N. 262 of 1989; 48 of 1989 s.2) (2) The Governor may, for the purpose of advising him on investments under subsection (1), appoint an investment advisory committee, which shall consist of not less than 3 nor more than 5 persons. Appointment of professional advisers and managers (1) The trustee may employ any professional person or financial institution to advise him on any matter arising out of or in connection with his functions under this Ordinance or to manage the investment of the moneys of the fund in accordance with such general or specific directions as the trustee may give in writing from time to time. (Amended 48 of 1989 s.2) (2) All salaries and fees of any person or institution so employed shall be paid by the trustee out of the fund. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the commencement of this Ordinance to 31 March 1983 and thereafter in respect of every period of one year ending on 31 March, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) There shall be laid on the table of the Legislative Council not later than 31 December next following the end of each period in respect of which a statement is required to be prepared under subsection (1) or so soon thereafter as the Governor may allow- (a) a copy of the signed and audited statement of accounts together with the auditor's report, if any; (b) a report of the trustee on the administration of the fund during that period; and (c) such other report, if any, as the Governor may see fit to make thereon. Cost of administering the fund (1) The cost of administering the fund, other than the salaries and fees paid under section 6(2), shall be a charge upon the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the commencement of this Ordinance to 31 March 1983 and thereafter in respect of every period of one year ending on 31 March; and (b) not exceed 2 1/2% of the income of the fund over the relevant period. Long title To establish a trust fund for providing assistance in, and facilities for, the higher education of the children of junior police officers of the Royal Hong Kong Police Force and for the due administration of such fund and for purposes connected with the matters aforesaid. [1 December 1967] Short title Accounts Costs of administering the fund Saving This Ordinance may be cited as the Police Children's Education Trust Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Commissioner" (處長) means the Commissioner of Police; "committee" (委員會) means the committee established under section 6; "fund" (基金) means the trust fund established by section 3; "higher education" (高等教育) means post-primary education or any education of a professional, technological, academic or other nature not below the standard of post-primary education; "junior police officer" (初級警務人員) means a police officer of the Royal Hong Kong Police Force below the rank of inspector; (Amended 29 of 1969 s. 2) "trustee" (受託人) means the Commissioner as trustee of the fund; "vesting day" (歸屬日期) means the date of commencement of this Ordinance. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Police Children's Education Trust. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance. (3) The fund shall consist of- (a) the balance on the vesting day of the moneys donated by members of the public to the fund set up and opened to subscription on 19 May 1967 with the object of providing assistance for the higher education of the children of junior police officers of the Royal Hong Kong Police Force; (Amended 29 of 1969 s. 2) (b) such other assets as may have been acquired before the vesting day by the use of any moneys so donated; and (c) such further moneys and assets as may, on or after the vesting day, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee; or (ii) otherwise acquired by the trustee. Incorporation of the Commissioner as trustee (1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Commissioner shall be the trustee of the fund and shall be a corporation sole (in this section called the corporation) and shall have the name "The Trustee of the Police Children's Education Trust", and in that name shall have perpetual succession and may sue and be sued in any court. (2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Objects and application of the fund The trustee shall apply the fund in such manner as the committee may direct for the following objects- (a) the provision of assistance in, and facilities for, the higher education of the children of junior police officers and for purposes ancillary thereto; and (b) the provision for any such children, who appear to the committee to be deserving, of opportunities for the furtherance of studies. Establishment of committee (1) The fund shall be managed by a committee to be known as the Police Children's Education Trust Committee. (2) The committee shall consist of- (a) a Chairman, appointed by the Governor; (b) the Commissioner, or his representative; (c) the Director of Education, or his representative; (d) a police welfare officer, appointed by the Commissioner; (e) a representative of the junior police officers, appointed by the Governor; and (f) such other members, not exceeding six, as may be appointed by the Governor. (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment and may be reappointed or removed by the Governor. (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 7 and unless so fixed shall be five members. Standing orders (1) The committee may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at its meetings; and (c) generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every such standing order shall be furnished to the Chief Secretary and every such order shall be subject to amendment by the Governor. (Amended L.N. 226 of 1976) Appointment of officers and professional advisers (1) The committee may from time to time appoint, upon such salary and upon such terms as it may think proper, a secretary, a treasurer, and such other officials as it may think necessary for the purpose of carrying out the trusts and may employ any professional person to advise it on any matter arising out of or in connection with the trusts. (2) All salaries and fees of any person so appointed or employed shall be paid by the trustee of the fund. Investment of moneys (1) The trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the committee may advise, subject, in the case of investments which are not trust investments, to the prior approval of the Investment Advisory Board and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee. (Amended L.N. 16 of 1977) (2) The Governor shall, for the purposes of subsection (1), appoint an Investment Advisory Board, which shall consist of not less than three nor more than five persons. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every period of one year ending on 31 March, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 31st day of December next following the end of such period, or so soon thereafter as the Governor may allow. (Amended 72 of 1991 s. 2) Costs of administering the fund (1) The cost of the administration of the fund, other than the salaries and fees paid under subsection (2) of section 8, shall be a charge upon the general revenue of the Colony: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of the Colony. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every period of one year ending on 31 March; and (b) not exceed two and a half per cent of the income of the fund over the relevant period. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To establish a trust fund for providing assistance in, and facilities for, the general education of the children of police officers of all ranks, including auxiliary police, and for welfare purposes of general benefit to all such police officers, and for the due administration of such fund and for purposes connected with the matters aforesaid. [1 December 1967] Short title Accounts Costs of administering the fund Saving This Ordinance may be cited as the Police Education and Welfare Trust Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Commissioner" (處長) means the Commissioner of Police; "committee" (委員會) means the committee established under section 6; "fund" (基金) means the trust fund established by section 3 ; "trustee" (受托人) means the Commissioner as trustee of the fund; "vesting day" (歸屬日期) means the date of commencement of this Ordinance. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Police Education and Welfare Trust. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance. (3) The fund shall consist of- (a) the balance on the vesting day of the moneys donated by the Royal Hong Kong Jockey Club on 27 May 1967 primarily for assisting in the education of the children of police officers of all ranks of the Royal Hong Kong Police Force and the Royal Hong Kong Auxiliary Police Force and also for other welfare purposes of general benefit to both Forces; (Amended 29 of 1969 s. 2) (b) such other assets as may have been acquired before the vesting day by the use of any moneys so donated; and (c) such further moneys and assets as may, on or after the vesting day, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee; or (ii) otherwise acquired by the trustee. Incorporation of the Commissioner as trustee (1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Commissioner shall be the trustee of the fund and shall be a corporation sole (in this section called the corporation) and shall have the name "The Trustee of the Police Education and Welfare Trust", and in that name shall have perpetual succession and may sue and be sued in any court. (2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Objects and application of the fund The trustee shall apply the fund in such manner as the committee may direct for the following objects- (a) the provision of assistance in, and facilities for, the general education of the children of police officers of all ranks of the Royal Hong Kong Police Force and of the Royal Hong Kong Auxiliary Police Force; (Amended 29 of 1969 s. 2) (b) the provision for any such children, who appear to the committee to be deserving, of opportunities for the furtherance of studies; and (c) welfare purposes of general benefit to some or all members of either or both such Forces. Establishment of committee (1) The fund shall be managed by a committee to be known as the Police Education and Welfare Trust Committee. (2) The committee shall consist of- (a) a Chairman, appointed by the Governor; (b) the Commissioner, or his representative; (c) the Director of Education, or his representative; (d) a police welfare officer, appointed by the Commissioner; (e) a representative of police officers below the rank of inspector, appointed by the Governor; (f) a representative of the Royal Hong Kong Auxiliary Police Force, nominated by the Commandant thereof, and appointed by the Governor; and (Amended 29 of 1969 s. 2) (g) such other members, not exceeding ten, as may be appointed by the Governor. (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment and may be reappointed or removed by the Governor. (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 7 and unless so fixed shall be seven members. Standing orders (1) The committee may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at its meetings; and (c) generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every such standing order shall be furnished to the Chief Secretary and every such order shall be subject to amendment by the Governor. (Amended L.N. 226 of 1976) Appointment of officers and advisers (1) The committee may from time to time appoint, upon such salary and upon such terms as it may think proper, a secretary, a treasurer, and such other officials as it may think necessary for the purpose of carrying out the trusts and may employ any professional person to advise it on any matter arising out of or in connection with the trusts. (2) All salaries and fees of any person so appointed or employed shall be paid by the trustee out of the fund. Investment of moneys (1) The trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the committee may advise, subject, in the case of investments which are not trust investments, to the prior approval of the Investment Advisory Board and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee. (Amended L.N. 16 of 1977) (2) The Governor shall, for the purposes of subsection (1), appoint an Investment Advisory Board, which shall consist of not less than three nor more than five persons. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every period of one year ending on 31 March, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 31st day of December next following the end of such period, or so soon thereafter as the Governor may allow. (Amended 73 of 1991 s. 2) Costs of administering the fund (1) The cost of the administration of the fund, other than the salaries and fees paid under subsection (2) of section 8, shall be a charge upon the general revenue of the Colony: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of the Colony. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every period of one year ending on 31 March; and (b) not exceed two and a half per cent of the income of the fund over the relevant period. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of The St. Stephen's Girls' College Council. [3 May 1968] Short title Sealing of deeds Saving This Ordinance may be cited as The St. Stephen's Girls' College Council Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of The St. Stephen's Girls' College Council approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The St. Stephen's Girls' College Council shall be a body corporate, and shall have the name "The St. Stephen's Girls' College Council" and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate St. Stephen's Girls' College; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere within the British Commonwealth or in any Hong Kong or British Commonwealth government bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere within the British Commonwealth; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscriptions; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Vesting of property On the commencement of this Ordinance the corporation shall succeed to all the property, rights, privileges, obligations and liabilities of the unincorporated The St. Stephen's Girls' College Council. Members The corporation shall consist of such members as shall be provided by its constitution. Existing members to become members All the existing members of the unincorporated The St. Stephen's Girls' College Council shall be the first members of the corporation. Existing constitution to become constitution of the corporation The existing constitution of the unincorporated The St. Stephen's Girls' College Council shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 10 to sign deeds, documents and other instruments and any change therein, certified correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days or in the case of any amendment, change or appointment, within twenty-eight days of such amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 305 of the Companies Ordinance (Cap 32) for the inspection of a document. (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Sealing of deeds (1) The seal of the corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the corporation. (2) All deeds, documents and other instruments requiring the seal of the corporation shall be signed by the chairman and the secretary of the corporation or by such other person or persons as the corporation shall from time to time appoint and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To establish a corporation, to be known as The Community Chest of Hong Kong, and to make provision for its constitution and powers and for matters connected with the purposes aforesaid. [8 November 1968] Short title Delegation by board (Spent) Board to prescribe constitution Certain instruments and particulars to be delivered to Registrar of Companies Saving PART I SHORT TITLE AND INTERPRETATION This Ordinance may be cited as the Community Chest of Hong Kong Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "annual general meeting" (周年大會) means the annual general meeting of the members of the corporation held pursuant to the constitution; "board" (董事會) means the board of directors of the corporation; "committee" (委員會) means any committee of the corporation established by or under the constitution; "constitution" (章程) means the constitution of the corporation; "corporation" (法團) means the corporation established by section 3; "executive director" (總裁) means the executive director of the corporation; "member agency" (會員機構) means any agency engaged in social welfare work which is a member agency of the corporation in accordance with the constitution; "president" (會長) means the president of the corporation; "vice-president" (副會長) means a vice-president of the corporation. Establishment of corporation PART II ESTABLISHMENT OF CORPORATION There is hereby established a corporation to be called "The Community Chest of Hong Kong (香港公益金)". Common seal The corporation shall have a common seal, and the fixing of the seal shall be authenticated by the signatures of the president or a vice-president and of the executive director. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a corporation would not be required to be under seal, may be entered into or executed on behalf of the corporation by any person generally or specially authorized for the purpose by the board. Membership of corporation PART III MEMBERSHIP OF CORPORATION The corporation shall have such members as are provided for by the constitution. Objects of corporation PART IV OBJECTS AND POWERS OF CORPORATION The objects of the corporation shall be- (a) to raise funds through a community-wide appeal and to distribute them to member agencies from time to time according to the resolutions of the board; (b) to raise such funds as may be necessary for its efficient management; and (c) to disseminate the idea of a community chest. Powers of corporation Corporation a charity The corporation shall have full power- (a) to manage, administer and operate The Community Chest of Hong Kong; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in Hong Kong or elsewhere or any deposit-taking company or restricted licence bank within the meaning of section 2 of the Banking Ordinance (Cap 155) or in any Hong Kong or other government bonds or on mortgage of any land, buildings, messuages or tenements in Hong Kong, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in Hong Kong or elsewhere; (Amended 82 of 1970 s. 2; 38 of 1986 ss. 2 & 3; 49 of 1995 s. 53) (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (ea) to act, either alone or jointly with any person, as a trustee of any trust which is established for charitable purposes in Hong Kong; (Added 82 of 1970 s. 2) (eb) to accept any money or property of any description upon terms that it be held under any trust for the benefit of member agencies and to execute any deed establishing any such trust, which may include provisions for the appointment and remuneration of any of the trustees thereof; (Added 82 of 1970 s. 2) (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscriptions; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Corporation a charity For the avoidance of doubt, the corporation is hereby declared to be a charity. Management of corporation vested in board PART V MANAGEMENT OF CORPORATION Subject to this Ordinance and the constitution, the board shall have the management of the corporation. Delegation by board The board may delegate such of its functions under section 9 as it may specify to- (a) any committee; (b) any person; or (c) the person for the time being holding any office designated by it. (Spent) PART VI CONSTITUTION OF CORPORATION Board to prescribe constitution The board shall prescribe a constitution for the corporation as soon as practicable after the commencement of this Ordinance. Certain instruments and particulars to be delivered to Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the president; (c) the name and address of any person appointed under section 5 to sign contracts and other instruments and any change therein, certified as correct by the president; (d) the names and addresses of the officers of the corporation and the members of the board and any change therein, certified as correct by the president. (2) Notification in accordance with subsection (1) shall be made within 28 days after the commencement of this Ordinance or in the case of any amendment, change or appointment, within 28 days of the amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of The Diocesan Boys' School Committee. [28 February 1969] Short title Sealing of deeds Saving This Ordinance may be cited as the Diocesan Boys' School Committee Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of The Diocesan Boys' School Committee approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The Diocesan Boys' School Committee shall be a body corporate, and shall have the name "The Diocesan Boys' School Committee" and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate the Diocesan Boys' School; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere or in any Hong Kong or other government or municipal bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Vesting of property On the commencement of this Ordinance the corporation shall succeed to all the property, rights, privileges, obligations and liabilities of the unincorporated The Diocesan Boys' School Committee. Members The corporation shall consist of such members as shall be provided by its constitution. Existing members to become members All the existing members of the unincorporated The Diocesan Boys' School Committee shall be the first members of the corporation. Existing constitution to become constitution of the corporation The existing constitution of the unincorporated The Diocesan Boys' School Committee shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 10 to sign deeds, documents and other instruments and any change therein, certified correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of the commencement of this Ordinance or in the case of any amendment, change or appointment, within twenty-eight days of such amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. (Amended L.N. 20 of 1979) (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Sealing of deeds (1) The seal of the corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the corporation. (2) All deeds, documents and other instruments requiring the seal of the corporation shall be signed by any two of the persons appointed by the corporation from time to time, whose names are registered with the Registrar of Companies in accordance with paragraph (d) of subsection (1) of section 9 and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of The Council of the Diocesan Girls' School. [28 February 1969] Short title Sealing of deeds Saving This Ordinance may be cited as the Council of the Diocesan Girls' School Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of The Council of the Diocesan Girls' School approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The Council of the Diocesan Girls' School shall be a body corporate, and shall have the name "The Council of the Diocesan Girls' School" and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate the Diocesan Girls' School; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere or in any Hong Kong or other government or municipal bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Vesting of property On the commencement of this Ordinance the corporation shall succeed to all the property, rights, privileges, obligations and liabilities of the unincorporated The Council of the Diocesan Girls' School. Members The corporation shall consist of such members as shall be provided by its constitution. Existing members to become members All the existing members of the unincorporated The Council of the Diocesan Girls' School shall be the first members of the corporation. Existing constitution to become constitution of the corporation The existing constitution of the unincorporated The Council of the Diocesan Girls' School shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 10 to sign deeds, documents and other instruments and any change therein, certified correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within 28 days of the commencement of this Ordinance or in the case of any amendment, change or appointment, within 28 days of such amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. (Amended L.N. 20 of 1979) (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Sealing of deeds (1) The seal of the corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the corporation. (2) All deeds, documents and other instruments requiring the seal of the corporation shall be signed by any 2 of the persons appointed by the corporation from time to time, whose names are registered with the Registrar of Companies in accordance with section 9(1)(d) and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of The Diocesan Preparatory School Council. [28 February 1969] Short title Sealing of deeds Saving This Ordinance may be cited as the Diocesan Preparatory School Council Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of The Diocesan Preparatory School Council approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團)means the body incorporated by section 3. Incorporation The Diocesan Preparatory School Council shall be a body corporate, and shall have the name "The Diocesan Preparatory School Council" and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate the Diocesan Preparatory School; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere or in any Hong Kong or other government or municipal bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Vesting of property On the commencement of this Ordinance the corporation shall succeed to all the property, rights, privileges, obligations and liabilities of the unincorporated The Diocesan Preparatory School Council. Members The corporation shall consist of such members as shall be provided by its constitution. Existing members to become members All the existing members of the unincorporated The Diocesan Preparatory School Council shall be the first members of the corporation. Existing constitution to become constitution of the corporation The existing constitution of the unincorporated The Diocesan Preparatory School Council shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 10 to sign deeds, documents and other instruments and any change therein, certified correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of the commencement of this Ordinance or in the case of any amendment, change or appointment, within twenty-eight days of such amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. (Amended L.N. 20 of 1979) (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Sealing of deeds (1) The seal of the corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the corporation. (2) All deeds, documents and other instruments requiring the seal of the corporation shall be signed by any two of the persons appointed by the corporation from time to time, whose names are registered with the Registrar of Companies in accordance with paragraph (d) of subsection (1) of section 9 and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Short title (Repealed 93 of 1994 s. 15) (Repealed 93 of 1994 s. 15) Functions of the Court (Repealed 93 of 1994 s. 17) Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Interpretation PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Baptist University Ordinance. Incorporation and objects of the University Power of the Council to make statutes Saving (Repealed 93 of 1994 s. 37) Vesting PART II THE UNIVERSITY (1) The Hong Kong Baptist University (香港浸會大學) shall in that name be a body corporate with perpetual succession and be capable of suing and being sued. (2) The objects of the University shall, subject to this Ordinance, be to provide for studies, training and research in science, commerce, social science, arts and other subjects of learning. Chancellor (1) There is a Chancellor of the University who is the Governor. (2) The Chancellor may confer degrees and other academic awards in the name of the University. Seal of the University The University shall have a common seal, and the affixing of the seal shall- (a) be authorized or ratified by resolution of the Council; and (b) be authenticated- (i) by the signature of the President and Vice-Chancellor or of any Vice-President; and (ii) by the signature of 1 member of the Council, authorized by the Council either generally or specially to act for that purpose. Documents of the University (1) The University may make and execute any document in the performance or exercise of its functions or powers or in connection with any matter reasonably incidental to or consequential upon the performance or exercise of its functions or powers. (2) Any document purporting to be duly executed under the seal of the University shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed. The powers of the University Subject to section 8, the University shall have power to do all such things as are necessary for, or incidental or conducive to, or connected with, the furtherance of its functions and may in particular, but without prejudice to the generality of the foregoing- (Amended 93 of 1994 s. 11) (a) acquire, take on lease, purchase, hold and enjoy property of any description and sell, let or otherwise dispose of or deal with the same in such manner and to such extent as the law would allow if the property were held by a natural person in the same interest; (b) enter into any contract; (c) erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate its buildings, premises, furniture and equipment and other property; (d) set terms of remuneration and conditions of service for staff; (e) engage persons on a part-time basis; (f) provide appropriate amenities (including residential accommodation, facilities for social activities and physical recreation) for its students and persons in its employment; (g) receive and expend funds; (h) invest its funds in such manner and to such extent as it thinks necessary or expedient; (i) borrow money in such manner and on such securities or terms as it thinks expedient; (j) apply for and receive any grant in aid for its functions on such conditions as it thinks fit; (k) engage any professional or expert person to advise it on any matter; (l) fix and collect fees and charges for courses of study, facilities and other services provided by it and specify conditions for the use of such facilities and services; (m) reduce, waive or refund fees and charges so fixed generally or in any particular case or class of case; (n) receive and solicit gifts, whether on trust or otherwise, on its behalf and act as trustee of moneys or other property vested in it on trust; (o) confer degrees and academic awards including honorary degrees and honorary awards; (Replaced 40 of 1988 s. 2) (p) acquire, hold and dispose of interests in other corporate bodies and form or take part in forming corporate bodies; (Added 93 of 1994 s. 11) (q) provide for profit or otherwise advisory, consultancy, research and other related services; (Added 93 of 1994 s. 11) (r) print, produce or publish any manuscript, book, play, music, script, programme or other materials, including video and audio material and computer software as the University thinks appropriate or expedient. (Added 93 of 1994 s. 11) Establishment of the Court PART III THE COURT (1) There is hereby established a Court to be known as the Court of the Hong Kong Baptist University. (2) The Court shall be the supreme advisory body of the University. Functions of the Court The Court has the following functions- (a) to receive an annual report from the President and Vice-Chancellor; (b) to consider reports made to it by the Council; (c) to discuss any motion on general University policy; (d) to raise funds at the request of the University to further the University's objects; and (e) to promote the interests of the University in Hong Kong and elsewhere. Establishment of the Council PART IV THE COUNCIL (1) There is hereby established a Council, to be known as the Council of the Hong Kong Baptist University. (2) The Council shall be the executive body of the University and, as such, may exercise all the powers conferred and shall perform all the duties imposed on the University by this Ordinance. Meetings and procedure of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may appoint. (Amended 93 of 1994 s. 20) (2) (Repealed 93 of 1994 s. 20) (3) One half of the members for the time being holding office shall form a quorum at a meeting of the Council. (Amended 93 of 1994 s. 20) (4) (a) If a member has an interest in any matter to be considered at a meeting of the Council and is present at such meeting, he shall as soon as possible after the commencement of the meeting state the fact and the nature of the interest and shall, if required by the Council, withdraw while the matter is considered and in any case shall not vote thereon. (b) In this subsection "interest" (利害關係) includes a pecuniary interest. (5) A meeting of the Council may be adjourned by the Chairman or person presiding, or, where the Council so resolves, by the Council. (6) Subject to this Ordinance, the Council may determine its own procedure. (Amended 93 of 1994 s. 20) (7) The President for the time being of the University's Student Union is not entitled to participate in considering the appointment, promotion or personal affairs of individual officers, teachers and other staff members or the admission or academic assessment of individual students. (Added 93 of 1994 s. 20) Transaction of business by circulation of papers The Council may transact any of its business by circulation of papers, and unless 5 members in writing request the Chairman to refer any particular item of the business being transacted to the next meeting of the Council a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council. Committees generally (1) The Council may create and appoint such committees for any general or special purposes as it thinks fit and any such committee may consist partly of persons who are not members of the Council. (2) The Chairman of any committee appointed under subsection (1) shall be appointed by the Council from among the members of the Council. (3) Subject to subsection (4), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate any of its powers and duties to any committee appointed under subsection (1). (4) The Council shall not delegate to any committee appointed under subsection (1) the power- (a) to approve the terms and conditions of service of persons in the employment of the University; (Amended 93 of 1994 s. 21) (b) to approve the programme and estimates required to be submitted under section 24; (c) to authorize the preparation of the statements required under section 25(2); (d) to make statutes under section 30. (Amended 93 of 1994 s. 21) (5) Subject to any statutes made under section 30, each committee may determine its own procedure at its meetings. (Amended 93 of 1994 s. 21) Interpretation In this Part, unless the context otherwise requires- (a) "Chairman" (主席) means the Chairman of the Council; (b) "Deputy Chairman" (副主席) means the Deputy Chairman of the Council; (c) "member" (成員) means a member of the Council. Appointment of President and Vice-Chancellor, etc. PART V PRESIDENT AND VICE-CHANCELLOR, VICE-PRESIDENTS AND STAFF (1) The Council shall appoint a President and Vice-Chancellor who is the principal academic and administrative officer of the University. (2) The Council shall appoint 1 or more Vice-Presidents to assist the President and Vice-Chancellor. (3) The Council may appoint teachers, administrators and other employees of the University as the Council thinks fit. (4) The Council may appoint a person to act as President and Vice-Chancellor during the absence or incapacity of the President and Vice-Chancellor or if the office is vacant for any reason. Power of the Council to delegate to the President and Vice-Chancellor (1) Subject to subsection (2), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate to the President and Vice-Chancellor any of its powers and duties. (2) The Council shall not delegate to the President and Vice-Chancellor the power to- (a) approve terms and conditions of service of persons in the employment of the University; (b) approve the programme and estimates required to be submitted under section 24; (c) authorize the preparation of the statements required under section 25(2); (d) make statutes under section 30. Power of the President and Vice-Chancellor to delegate (1) Subject to subsection (2), the President and Vice-Chancellor may in writing, with or without restrictions or conditions as he thinks fit, delegate, to such person or committee of persons as he thinks fit, his powers and duties, including any power or duty of the Council delegated to him under section 21. (2) The power conferred by this section on the President and Vice-Chancellor to delegate any power or duty of the Council delegated to him under section 21, and the exercise by any person or committee of persons of any such power or duty delegated by the President and Vice-Chancellor under this section, shall be subject to any restriction or condition imposed in respect thereof by the Council under section 21. Senate Faculties and schools PART VI SENATE, FACULTIES AND SCHOOLS (1) There is established a Senate, which is the supreme academic body of the University, to- (a) review and develop academic programmes; (b) direct and regulate teaching and research conducted at the University; (c) regulate the admission of persons to approved courses of study and their attendance at the courses; (d) conduct examinations leading to the conferring of degrees and academic awards of the University. (2) The Council may make statutes to set out the membership, procedure, powers and duties of the Senate. Faculties and schools (1) The Council may constitute faculties and schools on the recommendation of the Senate. (2) A faculty and a school each have a board with the membership, powers and procedure set out in the statutes. (Repealed 93 of 1994 s. 30) PART VII STATEMENTS AND REPORTS Accounts (1) The University shall maintain proper accounts and records of all income and expenditure. (2) After the end of each financial year, the University shall cause to be prepared statements of its income and expenditure during the previous financial year and of its assets and liabilities on the last day thereof. (3) The University may, from time to time, fix a period to be its financial year. Auditors (1) The University shall appoint auditors, who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the University and to require such information and explanations thereof as they think fit. (2) The auditors shall audit the statements prepared under section 25(2) and shall report thereon to the University. Statements and reports to be submitted to Chancellor (1) The University shall, not later than 6 months after the end of each financial year, or before such later date as the Chancellor may allow in any particular year, submit to the Chancellor a report on its activities, copies of the statements prepared under section 25(2) and the report made under section 26(2). (2) (Repealed 93 of 1994 s. 33) (Repealed 93 of 1994 s. 34) PART VIII GENERAL Unauthorized use of title of the University (1) No person shall incorporate or form, or be a director, office bearer or organizer of, work in connection with, or be a member of, any company, body corporate, firm or organization which, without the written authority of the University- (a) purports or holds itself out to be- (i) the University or any branch or part thereof; or (ii) connected or associated with the University in any manner whatsoever; or (b) uses the title "Hong Kong Baptist University" or "香港浸會大學" or a title in any language which so closely resembles the title "Hong Kong Baptist University" or "香港浸會大學" so as to be capable of deceiving or misleading any person into believing that the company, body corporate, firm or organization is- (i) the University or any branch or part thereof; or (ii) connected or associated with the University in any manner whatsoever. (Amended 93 of 1994 s. 35) (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine of $10000. Power of the Council to make statutes The Council may make statutes for the better carrying out of the provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing, may provide for- (aa) the membership and regulation of the proceedings of the Court; (Added 93 of 1994 s. 36) (a) the regulation of the proceedings of the Senate and of any committee appointed under section 18; (b) the membership and quorum of the Senate and of any committee appointed under section 18; (c) the powers and duties of the Senate and the powers and duties of any committee appointed under section 18; (ca) the membership, powers, and regulation of the proceedings of the boards of the faculties and schools of the University; (Added 93 of 1994 s. 36) (d) the discipline of persons in the employment of the University; (e) the regulation of the conduct and discipline of students of the University; (f) the conferring of degrees and academic awards including honorary degrees and honorary awards; (Replaced 40 of 1988 s. 4) (g) the holding and conduct of elections for the purpose of electing members of the eligible staff for appointment to the Council under section 15(1)(d) and to the Court in accordance with the statutes. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Vesting (1) All property, whether movable or immovable, rights and privileges vested in the Board of Governors of the Hong Kong Baptist College immediately prior to the commencement of the Hong Kong Baptist College Ordinance 1983 (50 of 1983) are hereby transferred to and vested in the University upon the same terms and conditions, if any, as those upon which they were held by the said Board of Governors. (Amended 93 of 1994 s. 38) (2) The University shall be liable for all debts and liabilities of the Board of Governors of the Hong Kong Baptist College. (Amended 93 of 1994 s. 38) (3) In this section the "Board of Governors of the Hong Kong Baptist College" (香港浸會學院校董會) means the Corporation incorporated in that name by the Hong Kong Baptist College Board of Governors Incorporation Ordinance (Cap 1126 69 Ed.). Long title To establish a fund for providing or assisting in providing facilities for recreational, sporting, cultural and social activities and for the due administration of such fund and for purposes connected with the matters aforesaid. [13 February 1970] Short title Cost of administering the fund Saving This Ordinance may be cited as the Sir David Trench Fund for Recreation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "fund" (基金) means the trust fund established by section 3; "trustee" (受託人) means the Director of Accounting Services as trustee of the fund; (Amended L.N. 16 of 1977) "vesting day" (歸屬日期) means the date of commencement of this Ordinance. Establishment and vesting of fund (1) There is hereby established a fund to be known as the Sir David Trench Fund for Recreation. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance. (3) The fund shall consist of- (a) the sum of 3 million dollars (hereinafter referred to as the original capital sum) being an anonymous donation made on 5 January 1970 with the object of setting up the fund and presently held by the Director of Accounting Services in trust for the Sir David Trench Fund for Recreation; (Amended L.N. 16 of 1977) (b) such other assets as may have been acquired before the vesting day by the use of any moneys so donated; (c) such further moneys and assets as may, on or after the vesting day, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee; or (ii) otherwise acquired by the trustee. Incorporation of Director of Accounting Services as trustee (1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Director of Accounting Services shall be the trustee of the fund and shall be a corporation sole (in this section referred to as the corporation) and shall have the name "The Trustee of the Sir David Trench Fund for Recreation", and in that name shall have perpetual succession and may sue and be sued in any court. (Amended L.N. 16 of 1977) (2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Application and objects of the fund The trustee shall apply the fund in such manner as the Governor may direct for the following objects- (a) the provision of, or assistance in the provision of facilities for recreational, sporting, cultural and social activities; (b) such objects ancillary or incidental to the objects set out in paragraph (a) as the Governor may consider appropriate. Special provisions relating to manner of application of fund (1) Subject to the direction of the Governor, the fund, other than the original capital sum, may be expended, applied and used for any object specified in section 5 but no part of the original capital sum shall be expended, applied or used for any such purpose without the prior approval of the Legislative Council. (2) The trustee may lend any moneys of the fund for any object specified in section 5 without any interest or at such a rate of interest as the Governor may direct. Investment of moneys (1) The trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the Governor may direct, subject, in the case of investments which are not trust investments, to the prior approval of the Investment Advisory Committee, and may remit moneys comprised in the fund to the Crown Agents for investment in the name of the trustee. (2) The Governor shall, for the purposes of subsection (1) appoint an Investment Advisory Committee, which shall consist of not less than three nor more than five persons. Appointment of officials and professional advisers (1) The trustee may, subject to the direction of the Governor, from time to time appoint, upon such salary and upon such terms as he may think proper, such officials as he may think necessary for the purpose of carrying out the trusts or for the proper administration and management of the fund. (2) The trustee may employ any professional person to advise him on any matter arising out of or in connection with his functions under this Ordinance. (3) All salaries and fees of any person so appointed or employed shall be paid by the trustee out of the fund. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the vesting day to 31 March 1971, and thereafter in respect of every period of one year ending on 31 March, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) There shall be laid on the table of the Legislative Council, not later than 30 September next following the end of each period in respect of which a statement of the accounts of the fund is required to be prepared under subsection (1) or so soon thereafter as the Governor may allow- (a) a copy of the signed and audited statement of accounts together with the auditor's report, if any; (b) a report of the trustee on the administration of the fund during such period; and (c) such other report, if any, as the Governor may see fit to make thereon. Cost of administering the fund (1) The cost of the administration of the fund, other than the salaries and fees paid under subsection (3) of section 8, shall be a charge upon the general revenue of the Colony: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of the Colony. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the vesting day to 31 March 1971 and thereafter in respect of every period of one year ending on 31 March; and (b) not exceed two and a half per cent of the income of the fund over the relevant period. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To incorporate the Hong Kong Red Cross, to further and protect the activities of Hong Kong Red Cross, and to provide for ancillary and connected matters. [26 November 1976] Short title Powers of Hong Kong Red Cross Execution of documents Internal management Evidence: books and documents Evidence of vesting and transfer Interests in land Saving for corporation Saving This Ordinance may be cited as the Hong Kong Red Cross Ordinance. Interpretation Fundamental Principles Affiliation to the Society Aims, objects, powers and duties In this Ordinance, unless the context otherwise requires- "Charter" (敕書) means the Royal Charter dated the 3rd September 1908 and all Supplemental Charters, Orders in Council governing the Society and Rules of the Society made pursuant to the aforesaid instruments; (Replaced 55 of 1995 s. 4) "Constitution" (章程) means the Rules adopted and amended by the Council from time to time; (Added 55 of 1995 s. 4) "Council" (董事會) means the Council of the Hong Kong Red Cross as defined in section 8; (Added 55 of 1995 s. 4) "emblem of the Geneva Convention" (日內瓦公約標誌) means the heraldic emblem of the red cross on a white ground, formed by reversing the Federal colours of Switzerland, as defined in the Geneva Convention; (Added 55 of 1995 s. 4) "Geneva Convention" (日內瓦公約) means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, and the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949 as applies to Hong Kong and any subsequent Additional Protocols which are applicable to Hong Kong; (Added 55 of 1995 s. 4) "Hong Kong Red Cross" (香港紅十字會) means the Hong Kong Branch of the Society; (Added 55 of 1995 s. 4) "Society" (英國紅十字會) means the British Red Cross Society incorporated by Royal Charter dated the 3rd September 1908. Fundamental Principles The Hong Kong Red Cross shall act in accordance with the Fundamental Principles and Statutes of the International Red Cross and Red Crescent Movement. Affiliation to the Society Subject to any decision of the Council of the Society, the Hong Kong Red Cross shall be a Central Council Branch of the Society as defined by the Charter. Aims, objects, powers and duties The aims, objects, powers and duties of Hong Kong Red Cross shall be defined by the Constitution which shall be subject to section 2A. Unauthorized distribution of badges and products No person shall, except with the authority of the Hong Kong Red Cross, distribute or sell or expose for sale- (a) any badge, token or emblem specifically adopted by the Hong Kong Red Cross for use by members thereof; (b) any badge, token or emblem containing the words "Red Cross" or the characters "紅十字會", with or without additional words or characters; or (c) any product which contains the emblem of the Geneva Convention, with or without additional words, characters or designs, or the words "Red Cross" or its equivalent Chinese expression, with or without additional words or characters, or any product which is contained in or packaged by materials containing the same. (Added 55 of 1995 s. 6) Unauthorized possession of badges and products No person shall, except with the authority of the Hong Kong Red Cross or with lawful authority or lawful excuse, have in his possession- (a) any badge, token or emblem specifically adopted by the Hong Kong Red Cross for use by members thereof; (b) any badge, token or emblem containing the words "Red Cross" or the characters "紅十字會", with or without additional words or characters; or (c) any product which contains the emblem of the Geneva Convention, with or without additional words, characters or designs, or the words "Red Cross" or its equivalent Chinese expression, with or without additional words or characters. (Added 55 of 1995 s. 7) Unauthorized possession of devices resembling badges No person shall without the authority of the Hong Kong Red Cross or without lawful authority or lawful excuse have in his possession- (a) any device which so closely resembles any badge, token or emblem specifically adopted by the Hong Kong Red Cross for use by members thereof as to lead to the belief that the device in question is such badge, token or emblem; or (b) any badge, token or emblem containing any words or characters so closely resembling any words or characters ordinarily used to describe any member of the Hong Kong Red Cross as to be calculated to deceive or mislead. Unauthorized bodies (1) No person shall form, or work in connection with, or be a member of- (a) any organization which without authority from the Hong Kong Red Cross claims or purports to be the Hong Kong Red Cross; (b) any organization, other than those with the authority of the Hong Kong Red Cross, which uses the title of the Hong Kong Red Cross or the equivalent Chinese title or any title containing the words "Red Cross" or "紅十字會", or any title in any language which, with or without additional words or characters, so closely resembles any of the said titles as to be calculated to deceive or mislead; or (c) any organization which, by the use of any such title or otherwise, without due authority, purports or claims to be connected with the Hong Kong Red Cross. (Amended 55 of 1995 s. 9) (2) No person shall, without the authority of the Hong Kong Red Cross, wear or use any uniform or equipment of the Hong Kong Red Cross. (Replaced 55 of 1995 s. 9) Offences and penalty Any person who contravenes any of the provisions of section 3, section 4, section 5, or section 6 shall be guilty of an offence and shall be liable on conviction to a fine at level 2. Incorporation (1) The Hong Kong Red Cross shall be a body corporate and shall in that name have perpetual succession, may sue and be sued in all courts and shall have and may use a common seal. (2) The Hong Kong Red Cross shall have a governing body to be known as the Council of the Hong Kong Red Cross which is responsible for the exercise of any powers conferred and the performance of all the duties imposed on the Hong Kong Red Cross by this Ordinance and by the Constitution. (3) Subject to the Constitution, the Council may by resolution delegate to any person or any committee such of its functions and powers as it may specify. (4) The Council shall comprise the President, the Chairman, the Director, the Honorary Treasurer of the Hong Kong Red Cross and such other members as may be defined by the Constitution. Vesting of property (1) The following properties, namely, all those pieces and parcels of ground specified in the Schedule, together with all erections and buildings thereon and together with all rights, easements and appurtenances thereto belonging vested in the former British Red Cross Society (Hong Kong Branch) shall from the commencement* of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995) be vested in the Hong Kong Red Cross absolutely for the unexpired residue of the respective term of years created by the Crown Lease or Conditions of Grant specified in relation thereto, subject to payment of the rent and performance of the covenants and conditions reserved by and contained in the said Crown Leases and Conditions of Grant. (2) All debentures, stocks, fund shares, securities, vessels, goods, chattels and other movable assets vested in or belonging to or held for or on behalf of or in trust for the former British Red Cross Society (Hong Kong Branch) and all moneys subscribed for the purposes of the former British Red Cross Society (Hong Kong Branch) and all investments of such moneys and all interest, income and profits arising from such investments and all securities therefor shall, at the commencement* of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), be transferred to, vest in, belong to or be held for or on behalf of or in trust for the Hong Kong Red Cross. (3) All rights, titles, benefits and interests of and in any assets, contracts, undertakings and properties vested in the former British Red Cross Society (Hong Kong Branch) shall, at the commencement* of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), be assigned and transferred absolutely to the Hong Kong Red Cross. (4) All contractual and other rights exercisable or enforceable by the former British Red Cross Society (Hong Kong Branch) shall, at the commencement* of the British Red Cross Society (Hong Kong Branch)(Amendment) Ordinance 1995 (55 of 1995), be exercisable and enforceable by the Hong Kong Red Cross in place of the former British Red Cross Society (Hong Kong Branch). (5) On commencement* of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), the Hong Kong Red Cross shall become liable for all the debts and liabilities and for the performance of all the contractual and other obligations of the former British Red Cross Society (Hong Kong Branch). Powers of Hong Kong Red Cross (1) The Hong Kong Red Cross shall have power to acquire, accept leases of, purchase, take, hold, and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and possess vessels, goods and chattels of what nature and kind soever. (2) The Hong Kong Red Cross shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, vessels, goods or chattels, which are for the time being vested in or belonging to the Hong Kong Red Cross upon such terms as to the Hong Kong Red Cross may seem fit. (3) The Hong Kong Red Cross shall further have power- (a) to build, rebuild, demolish, alter, vary, renew, maintain and repair any buildings, messuages or tenements acquired by the Hong Kong Red Cross or in which the Hong Kong Red Cross has acquired an interest and to effect any improvements thereto, and to apply to any tribunal or court or authority for any order, licence, permission and exemption required therefor; (b) to improve, develop and turn to account any land belonging to the Hong Kong Red Cross or in which the Hong Kong Red Cross has or may acquire a sufficient legal or equitable interest, by reconstructing, altering and demolishing buildings and by constructing new buildings of any kind whatsoever either alone or in any joint development scheme in conjunction with owners or lessees of sites adjoining any land belonging to the Hong Kong Red Cross or in which the Hong Kong Red Cross enjoys any interest as aforesaid; and (c) to do all such things as are directly or indirectly incidental to or conducive to the attainment of the aims, objects and powers of the Hong Kong Red Cross. (Added 55 of 1995 s. 13) Execution of documents (1) The Hong Kong Red Cross may make and execute any document in the performance or exercise of its duties or powers or in connection with any matter reasonably incidental to or consequential upon the performance or exercise of its duties or powers. (2) All deeds and other instruments requiring the seal of the Hong Kong Red Cross shall be authorized or ratified by resolution of the Council, and shall be signed by any 2 of the following: the President, the Chairman, the Director, the Honorary Treasurer and the Secretary General for the time being of the Hong Kong Red Cross. Internal management Evidence: books and documents Evidence of vesting and transfer Interests in land Saving for corporation All matters of internal management of the Hong Kong Red Cross shall be settled and carried out in accordance with the Charter and Constitution for the time being of the Hong Kong Red Cross. Evidence: books and documents (1) All books and other documents which would, before the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), have been evidence in respect of any matter for or against the former British Red Cross Society (Hong Kong Branch) shall be admissible in evidence in respect of the same matter for or against the Hong Kong Red Cross. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Evidence of vesting and transfer (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting and transfer of any property and liabilities of the former British Red Cross Society (Hong Kong Branch) in Hong Kong Red Cross in accordance with the provisions of this Ordinance. (2) With prejudice to the generality of subsection (1)- (a) any deed or other document made or executed on or after the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), whereby the Hong Kong Red Cross or the former British Red Cross Society (Hong Kong Branch), whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by the former British Red Cross Society (Hong Kong Branch) immediately before the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), whether alone or jointly with any other person, shall be sufficient evidence that the interest of the former British Red Cross Society (Hong Kong Branch) in that property is deemed to be vested in the Hong Kong Red Cross under this Ordinance; (b) where there is any other transaction or purported transaction by the former British Red Cross Society (Hong Kong Branch) or the Hong Kong Red Cross on or after the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995) in connection with, or in relation to, any property or liabilities which are property or liabilities of the former British Red Cross Society (Hong Kong Branch) immediately before that commencement, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that the Hong Kong Red Cross has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (c) a certificate given by or on behalf of the Hong Kong Red Cross at any time that any property or liability specified in the certificate (which property or liability immediately before the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995) is the property or liability of the former British Red Cross Society (Hong Kong Branch)) is or, as the case may be, is not, deemed to be vested in the Hong Kong Red Cross under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (d) in this section "convey" (轉易)includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release of otherwise assure. (3) The Hong Kong Red Cross shall register or cause to be registered in the Land Registry a Government Printer's copy of this Ordinance in respect of the vesting of the properties of the former British Red Cross Society (Hong Kong Branch) in the Hong Kong Red Cross. Interests in land The vesting in the Hong Kong Red Cross of an interest in land by virtue of this Ordinance shall not- (a) constitute the acquisition, assignment, transfer or parting with possession of that interest for the purposes of section 53(4)(a) or (7)(a), 119E(2) or 119H(1)(a) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) operate so as to merge any leasehold interest in the reversion expectant on it; or (c) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning or affecting that interest; or (d) operate as a breach of covenant or condition against alienation; or (e) give rise to any forfeiture, damages or other right of action; (f) invalidate or discharge any contract or security. Saving for corporation Nothing in this Ordinance shall prejudice the powers of the Hong Kong Red Cross to alter its Constitution or to dispose of, or deal with, its property or liabilities or to carry on or discontinue any part of its functions; and nothing in this Ordinance shall prejudice the power of the former British Red Cross Society (Hong Kong Branch) to dispose of, or deal with, its property or liabilities before the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995). Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. PROPERTY VESTED IN THE HONG KONG RED CROSS [section 9] All those pieces or parcels of ground known and registered in the Land Registry as- (Amended 8 of 1993 s. 2) 1. Inland Lot 7966 (Anne Black Red Cross Headquarters; Crown Lease dated 21.1.1971) 2. Inland Lot 8101 (John F. Kennedy Centre, Sandy Bay; Crown Lease dated 2.7.1971) 3. Inland Lot 8265 (Margaret Trench Red Cross School, Sandy Bay; Conditions of Grant No. 9863 dated 10.3.1971) 4. Kwun Tong Inland Lot 255 (Princess Alexandra Residential School, Kwun Tong; Conditions of Grant No. 7058 dated 9.3.1962) Short title Establishment, membership and functions of training boards and general committees Establishment and membership of council committees Funds and property of the Council Rights and obligations of technical institutes Estimates and financial year Supplementary estimates Investment of funds Accounts Auditor Statements and reports to be sent to Governor and laid on table of Legislative Council Director of Audit's examination PART I PRELIMINARY This Ordinance may be cited as the Vocational Training Council Ordinance. Interpretation Power of the Council to make rules Council not servant or agent of the Crown Council to be subject to directions of the Governor in Council Authenticity and admissibility in evidence of document under seal In this Ordinance, unless the context otherwise requires- "Chairman" (主席) and "Deputy Chairmen" (副主席) mean respectively the Chairman and Deputy Chairmen of the Vocational Training Council appointed under section 8; "Council" (職訓局) means the Vocational Training Council established by section 4; "council committee" (職訓局委員會) means a committee established under section 11; "disabled person" (殘疾人士) means a person whose prospects of securing and retaining open employment are reduced by reason of physical or mental impairment; (Added 35 of 1991 s. 2) "Executive Director" (執行幹事), "Deputy Executive Director" (副執行幹事) and "Assistant Executive Director" (助理執行幹事) mean respectively the Executive Director, a Deputy Executive Director and an Assistant Executive Director of the Council appointed under section 9(1); (Replaced 35 of 1991 s. 2) "financial year" (財政年度) means the period fixed as the financial year of the Council under section 14(2); "functions" (職能) includes powers and duties; "general committee" (一般委員會) means a committee established under section 10; "industrial training" (工業訓練) means training given or received in the course or for the purpose of employment in industry, but does not include skills training; (Amended 35 of 1991 s. 2) "industrial training centre" (工業訓練中心) means a place where industrial training is provided by or on behalf of the Council; "industry" (工業、工業界) includes commerce and services; "skills centre" (技能訓練中心) means any place where skills training is provided by or on behalf of the Council; (Added 35 of 1991 s.2) "skills training" (技能訓練) means- (a) training given to disabled persons in relation to employment skills; or (b) training given to disabled persons in relation to daily activities and social skills incidental to training referred to in paragraph (a); (Added 35 of 1991 s. 2) "technical college" (科技學院) and "technical institute" (工業學院) mean respectively any technical college or technical institute established, operated or managed by the Council; (Replaced 35 of 1991 s. 2) "technical education" (工業教育) means education provided by a technical college or technical institute; (Amended 35 of 1991 s. 2) "trade" (行業) means any trade or occupation in industry; "training board" (訓練委員會) means a board established under section 10. Application The Education Ordinance (Cap 279) shall not apply in respect of any technical college, technical institute, industrial training centre or skills centre. Establishment of the Vocational Training Council PART II VOCATIONAL TRAINING COUNCIL (1) There is hereby established a council, to be known as the Vocational Training Council, which shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued. (2) The Council shall have a common seal, the affixing of which shall be authenticated by the signature of any 2 members of the Council. Objects of the Council The objects of the Council shall be- (a) to advise the Governor on the measures required to ensure a comprehensive system of technical education and industrial training suited to the developing needs of Hong Kong; (b) to institute, develop and operate schemes for training operatives, craftsmen, technicians and technologists needed to sustain and improve industry; (c) to promote the training of apprentices; (Replaced 35 of 1991 s. 4) (d) to provide and co-ordinate the provision of skills training to disabled persons aged 15 and over for the purpose of improving their employment prospects and preparing them for open employment; (Added 35 of 1991 s. 4) (e) to establish, operate and maintain technical colleges, technical institutes, industrial training centres and skills centres. (Added 35 of 1991 s. 4) Functions of the Council (1) The Council shall- (a) consider and report to the Governor on any matter concerning technical education, industrial training or skills training referred to it by the Governor; (Amended 35 of 1991 s. 5) (b) report to the Governor annually or as often as he may direct; (c) examine and make recommendations to the Governor on the financial needs of technical colleges, technical institutes, industrial training centres and skills centres; (Amended 35 of 1991 s. 5) (d) operate and maintain any skills centre assigned to it by the Government; (Amended 35 of 1991 s. 5) (e) keep under review- (i) the needs of industry for trained manpower; (ii) the availability of trained manpower to meet the needs of industry; (iii) the facilities available to train the manpower needed by industry; (iv) the provision by employers of industrial training and apprenticeships; and (v) the adequacy of industrial training provided by employers for trainees and apprentices and the measures to be taken to promote and improve such training; (f) consider and recommend which trades should be specified by the Governor to be designated trades under section 45 of the Apprenticeship Ordinance (Cap 47); (Amended 35 of 1991 s. 5) (g) consider and approve, if thought fit, recommendations from training boards and general committees for training courses; and (Amended 35 of 1991 s. 5) (h) provide technical aids and vocational assessment in connection with skills training. (Added 35 of 1991 s. 5) (2) The Council may do all things that are necessary for, or incidental or conducive to, the better carrying out of the objects of the Council and may in particular, but without prejudice to the generality of the foregoing- (a) consult with the Government and with any interested person on any matter pertaining to technical education, industrial training or skills training; (Amended 35 of 1991 s. 5) (b) conduct or commission research into any aspect of technical education, industrial training or skills training; (Amended 35 of 1991 s. 5) (c) receive and consider suggestions or proposals for the development of technical education, industrial training and skills training; (Amended 35 of 1991 s. 5) (d) specify the skills and operations to be taught to persons undergoing industrial training; (e) devise training programmes, examinations and tests for any trade; (f) recommend the minimum standard of education to be attained by persons as a pre-requisite to their undergoing technical education or industrial training; (g) disseminate training materials and information on matters kept under review under subsection (1); (h) establish, operate and maintain technical colleges, technical institutes, industrial training centres and skills centres; (Amended 35 of 1991 s. 5) (i) provide or approve training courses and other facilities for technical education, industrial training and skills training; (Amended 35 of 1991 s. 5) (j) help candidates for industrial training and skills training to find suitable training facilities; (Amended 35 of 1991 s. 5) (k) establish standards of skill to be achieved in any particular trade, conduct examinations and tests in respect of any trade and award certificates of attendance and competence; (l) with the approval of the Chief Secretary make use of personnel, facilities and services of any department of the Government; (m) allocate funds of the Council to any person for the purpose of providing any training course approved by the Council other than a training course which that person is responsible for providing under any other Ordinance or is providing in order to meet his own requirements for trained personnel; (n) employ staff and remunerate them; (na) pay to the Government amounts representing the cost of pension benefits payable by the Government pursuant to section 4 of the Pensions (Special Provisions) (Vocational Training Council) Ordinance (Cap 387) in respect of persons transferred from service under the Government to service under the Council; (Added 55 of 1991 s. 5) (o) engage technical and professional advisers to advise on any matter arising out of or connected with any of the functions of the Council, and remunerate them; (p) pay allowances to persons attending courses provided or approved by the Council; (q) pay allowances to persons partaking in the provision of training courses provided or approved by the Council; (r) pay such expenses as it thinks fit to any member, other than a public officer, of the Council, of a council committee or of a training board or general committee; (s) acquire, hold and lease any property required for the discharge of its functions under this Ordinance and, subject to the terms and condition upon which such property is held, dispose of it; (t) receive funds and donations lawfully given and consistent with its objects under this Ordinance; (u) with the approval of the Financial Secretary borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge all or any part of the property of the Council; (v) charge fees for any services or the use of any facility provided by the Council; and (w) enter into any contract in furtherance of its objects or the exercise of its functions. Delegation (1) The Council may, either generally or in any particular case, delegate to any training board or general committee, any council committee or any public officer the performance or exercise on its behalf of any of its functions under this Ordinance. (2) Where any function of the Council under this Ordinance is performed or exercised by a board, committee or public officer referred to in subsection (1), the performance or exercise shall, unless the contrary is proved, be deemed to have been duly delegated to that board, committee or public officer as the case may be. Director (1) The Council may from time to time appoint an Executive Director to be the chief executive of the Council, and such Deputy Executive Directors and Assistant Executive Directors as may be appropriate to the proper and efficient functioning of the Council. (Replaced 35 of 1991 s. 7) (1A) No appointment of an Executive Director shall be made by the Council under subsection (1) without the prior consent of the Governor. (Added 35 of 1991 s. 7) (2) The Executive Director and, with the consent of the Chairman, a Deputy Executive Director or Assistant Executive Director may attend any meeting of any council committee, training board or general committee. (Amended 35 of 1991 s. 7) Establishment, membership and functions of training boards and general committees (1) The Governor may, on the advice of the Council, establish training boards and general committees. (2) The Governor shall appoint the chairman and members of any training board or general committee, none of whom need be a member of the Council. (3) Training boards and general committees shall perform such functions as the Council may decide and shall report to the Council as often as the Council may decide. Establishment and membership of council committees The Council may establish council committees to assist it to perform its functions and shall appoint the chairman and members of any such committee, of which at least two thirds of the membership shall be members of the Council. Funds and property of the Council PART IV FINANCIAL PROVISIONS The funds and property of the Council shall consist of- (a) all moneys appropriated by the Legislative Council for the purposes of the Council; (b) all moneys lawfully received by the Council by way of grants, loans, funds, donations, fees, rent or interest; (c) all moneys derived from the sale of any property held by or on behalf of the Council; and (d) all property and assets lawfully acquired by the Council. Rights and obligations of technical institutes (1) All contractual and other rights exercisable or enforceable by or on behalf of the technical institutes before the commencement of this Ordinance shall on the commencement thereof become and be exercisable and enforceable by the Council. (2) On the commencement of this Ordinance the Council shall become liable for all debts and liabilities and for the performance of all contractual and other obligations incurred by or on behalf of the technical institutes before the commencement of this Ordinance. Estimates and financial year (1) In each financial year, before a date to be fixed by the Governor, the Council shall submit to the Governor for his approval a programme of its proposed activities and estimates of its income and expenditure for the next financial year: (Amended 35 of 1991 s. 8) Provided that the programme and estimates for the first financial year of the Council shall be submitted as soon as practicable after the commencement of this Ordinance. (2) The Council may, from time to time, with the prior approval of the Governor, fix a period to be the financial year of the Council. Supplementary estimates During any financial year the Council may, for the purpose of implementing its programme of proposed activities submitted and approved under section 14(1), submit supplementary estimates to the Governor for his approval. Investment of funds All funds of the Council not immediately required shall be invested in such investments as may be approved by the Financial Secretary. Accounts (1) The Council shall keep proper accounts and records of all financial transactions. (2) (Repealed 35 of 1991 s. 9) (3) After the end of each financial year the Council shall cause to be prepared a statement of income and expenditure of the Council during that financial year and a balance sheet of the Council on the last day thereof, which statement and balance sheet shall be signed by the Chairman. Auditor (1) The Council shall appoint an auditor, who shall be entitled at any time- (a) to have access to all books of account, vouchers and other records of the Council; and (b) to require such information and explanation,as he considers necessary to discharge his function. (2) The auditor shall, as soon as is practicable and in any case not later than 4 months after the close of each financial year, audit the statement and balance sheet required by section 17 and shall submit a report on them to the Council. Statements and reports to be sent to Governor and laid on table of Legislative Council Director of Audit's examination (1) The Council shall, within the period of 7 months, or such longer period as the Governor may determine, after the close of each financial year, submit to the Governor a report of its activities during that financial year together with the statement and balance sheet prepared pursuant to section 17(3) and the report submitted to it by the auditor pursuant to section 18(2). (2) The Governor shall cause the reports, statement and balance sheet received by him under subsection (1) to be laid on the table of the Legislative Council. Director of Audit's examination (1) Director of Audit may carry out such examination as he thinks fit into the economy, efficiency and effectiveness with which the Council has used its resources in discharging its functions and exercising its powers. (2) The Director of Audit shall- (a) have a right of access at all reasonable times to any documents in the custody or under the control of the Council which he may reasonably require; and (b) be entitled to require from any person holding or accountable for any document referred to in paragraph (a) such information and explanation as are reasonably necessary,for the purpose of carrying out an examination under subsection (1). (3) The Director of Audit may submit to the President of the Legislative Council the results of any examination carried out by him under subsection (1). (4) Subsection (1) shall not be construed as entitling the Director of Audit to question the merits of the policy objectives of the Council. Power of the Council to make rules PART V GENERAL AND MISCELLANEOUS (1) The Council may make rules not inconsistent with this Ordinance for all or any of the following matters- (Amended 35 of 1991 s. 13) (a) the regulation of its proceedings and the proceedings of any council committee, training board or general committee; (b) the regulation and control of its finances; (c) the regulation of the conditions and terms of employment and the discipline of persons employed or engaged under section 6(2); (d) the regulation of the conduct and discipline of students at technical colleges and technical institutes and trainees at industrial training centres and skills centres; and (Amended 35 of 1991 s. 13) (e) the better carrying out of its objects and exercise of its functions under this Ordinance. (2) For the purposes of subsection (1)(d) different rules may be made for different colleges, institutes or centres. (Added 35 of 1991 s. 13) (3) Rules made under this section shall not be regarded as subsidiary legislation for the purpose of section 34 of the Interpretation and General Clauses Ordinance (Cap 1) (Added 35 of 1991 s. 13) Council not servant or agent of the Crown The Council is not the servant or agent of the Crown and does not enjoy any status, immunity or privilege of the Crown. Council to be subject to directions of the Governor in Council (1) The Governor in Council may give to the Council such directions as he thinks fit with respect to the exercise of its functions under this Ordinance and the Council shall comply with any such direction. (2) The Governor in Council may delegate to a public officer the powers conferred upon him by this section. Authenticity and admissibility in evidence of document under seal Any document purporting to be a document duly executed under the common seal of the Council shall, unless the contrary is proved, be deemed to be a document so executed and shall be received in evidence without further proof. Long title To establish a trust fund for providing assistance in, and facilities for, the higher education of the children of employees below officer rank of the Correctional Services Department, for the education and training of handicapped children of such employees and for the due administration of such fund and for purposes connected with the matters aforesaid. [1 July 1983] Short title Accounts Costs of administering the fund Saving This Ordinance may be cited as the Correctional Services Children's Education Trust Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Assistant Officers and equivalent grades" (懲教助理及同等職系人員) means any person employed in the Correctional Services Department below officer rank and includes common and general grade staff; "Commissioner" (署長) means the Commissioner of Correctional Services; "Committee" (委員會) means the committee established under section 6; "fund" (基金) means the trust fund established by section 3; "higher education" (高等教育) means post-primary education or any education of a professional, technological, academic or other nature not below the standard of post-primary education; "trustee" (受託人) means the Commissioner as trustee of the fund; "vesting day" (歸屬日期) means the date of commencement of this Ordinance. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Correctional Services Children's Education Trust. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance. (3) The fund shall consist of- (a) the balance on the vesting day of the moneys donated by members of the public to the fund set up and opened to subscription on 18 March 1983 with the object of providing assistance for the higher education of the children of Assistant Officers and equivalent grades of the Correctional Services Department and for the education and training of handicapped children of such officers; (b) such other assets as may have been acquired before the vesting day by the use of any moneys so donated; and (c) such further moneys and assets as may, on or after the vesting day, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee for the purposes of the fund; or (ii) otherwise acquired by the trustee for the purposes of the fund. Incorporation of the Commissioner as trustee (1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Commissioner shall be the trustee of the fund and shall be a corporation sole (in this section called "the corporation") and shall have the name "The Trustee of the Correctional Services Children's Education Trust", and in that name shall have perpetual succession and may sue and be sued in any court. (2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Objects and application of the fund The trustee shall apply the fund in such manner as the committee may, in its absolute discretion, direct for the following objects- (a) the provision of assistance in, and facilities for, the higher education of the children of Assistant Officers and equivalent grades and for purposes ancillary thereto; (b) the provision of assistance in, and facilities for, the education and training of handicapped children of Assistant Officers and equivalent grades; and (c) the provision for any such children of opportunities for the furtherance of such studies, education and training. Establishment of committee (1) The fund shall be managed by a committee to be known as the Correctional Services Children's Education Trust Committee. (2) The committee shall consist of- (a) a Chairman, appointed by the Governor; (b) the Commissioner, or his representative; (c) the Director of Education, or his representative; (d) the Correctional Services Welfare officer, appointed by the Commissioner; (e) such representative of the Assistant Officers and equivalent grades as may be appointed by the Governor; (f) such other members, not exceeding 2, as may be appointed by the Governor. (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment and may be reappointed or removed by the Governor. (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 7 and unless so fixed shall be the Chairman and 2 members. Standing orders (1) The committee may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at its meetings; and (c) generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every such standing order shall be furnished to the Chief Secretary and every such order shall be subject to amendment by the Governor. Appointment of officers The committee may from time to time appoint, upon such terms as it may think proper, an Honorary Secretary, an Honorary Treasurer, and such other Honorary officials as it may think necessary for the purpose of carrying out the trusts. Investment of moneys (1) The trustee may invest any moneys of the fund in such investment authorized for the investments of trust funds by the Trustee Ordinance (Cap 29) as the committee may advise. (2) The Governor may appoint an Investment Advisory Board, which shall consist of not less than 3 nor more than 5 persons and in the event of such Investment Advisory Board being appointed the trustee may, subject to the prior approval of the Investment Advisory Board, invest any moneys of the fund in investments, which are not investments authorized for the investment of trust funds, as the committee may advise. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the vesting day to 31 August 1983, and thereafter in respect of every period of one year ending on 31 August, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee and the Chairman. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council within 3 months of the receipt by the trustee of the signed and audited statement of accounts from the auditor appointed under subsection (2), or so soon thereafter as the Governor may allow. Costs of administering the fund (1) The cost of the administration of the fund shall be a charge upon the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the vesting day to 31 August 1983, and thereafter in respect of every period of one year ending on 31 August; and (b) not exceed two and a half per cent of the income of the fund over the relevant period. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by, from or under them. Short title Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Appointment of Vice-Chancellor and other staff Power of the Council to delegate to the Vice-Chancellor Power of the Vice-Chancellor to delegate Senate of the University Faculties, etc. Convocation Senate and faculty committees (Repealed 92 of 1994 s. 24) Accounts PART I PRELIMINARY This Ordinance may be cited as the City University of Hong Kong Ordinance. Interpretation Auditors Report to the Chancellor Statutes (Repealed 92 of 1994 s. 29) Unauthorized use of title (Repealed 92 of 1994 s. 31) In this Ordinance, unless the context otherwise requires- "Chancellor" (監督) means the Chancellor of the University established by section 4 and includes a person acting as the Chancellor; "Convocation" (評議會)means the Convocation of the University established by section 17B; "Council" (校董會) means the Council of the University established by section 9; "Court" (顧問委員會) means the Court of the University established by section 8A; "Deputy Vice-Chancellor" (常務副校長) means the Deputy Vice-Chancellor of the University appointed under section 14 and includes a person acting as the Deputy Vice-Chancellor; "eligible staff" (有資格的教職員) means the full-time teaching and instructional staff and administrative staff of equivalent rank or grade of the University, as defined in the statutes; "faculty" (學院) means a faculty of the University established under section 17A and includes an equivalent body established under that section; "Pro-Chancellor" (副監督) means the Pro-Chancellor of the University appointed under section 4(4) and includes a person acting as the Pro-Chancellor; "Pro-Vice-Chancellor" (副校長) means a Pro-Vice-Chancellor of the University appointed under section 14(1)(c) and includes a person acting as a Pro-Vice-Chancellor; "Senate" (教務會) means the Senate of the University established by section 17; "statutes" (規程) means the statutes of the University made by the Council under section 21A; "University" (大學) means the City University of Hong Kong established by section 3; "Vice-Chancellor" (校長) means the Vice-Chancellor of the University appointed under section 14 and includes a person acting as the Vice-Chancellor. Establishment, incorporation and objects of the University PART II THE CITY UNIVERSITY (1) There is hereby established a corporation to be known as the City University of Hong Kong (香港城市大學), which shall, in that name, be a body corporate with perpetual succession and be capable of suing and being sued. (2) The objects of the University shall, subject to this Ordinance, be to provide for studies, training and research and development in technology, engineering, science, commerce, arts and other subjects of learning. Chancellor (1) There is a Chancellor of the University who is the head of the University. (2) The Governor is the Chancellor. (3) The Chancellor may confer degrees and other academic awards in the name of the University. (4) The Chancellor may, on the recommendation of the Council, appoint a person to be the Pro-Chancellor for a term to be determined by the Chancellor. (5) The Pro-Chancellor may with the authority of the Chancellor exercise the powers and perform the duties of the Chancellor. Seal of the University The University shall have a common seal, and the affixing of the seal shall- (a) be authorized or ratified by resolution of the Council; and (b) be authenticated by the signature of any 2 members of the Council, authorized by the Council either generally or specially to act for that purpose. Documents of the University (1) The University may make and execute any document in the performance or exercise of its functions or powers or in connection with any matter reasonably incidental to or consequential upon the performance or exercise of its functions or powers. (2) Any document purporting to be duly executed under the seal of the University shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed. The powers of the University Subject to section 8, the University shall have power to do all such things as are necessary for, or incidental or conducive to, or connected with, the furtherance of its functions and may in particular, but without prejudice to the generality of the foregoing- (Amended 92 of 1994 s. 10) (a) acquire, take on lease, purchase, hold and enjoy property of any description and sell, let or otherwise dispose of or deal with the same in such manner and to such extent as the law would allow if the property were held by a natural person in the same interest; (aa) confer degrees and academic awards including honorary degrees and honorary awards; (Added 92 of 1994 s. 10) (b) (Repealed 92 of 1994 s. 10) (c) erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate the buildings, premises, furniture and equipment and all other property; (d) set terms of remuneration and conditions of service for staff; (e) (Repealed 92 of 1994 s. 10) (f) provide appropriate amenities (including residential accommodation, facilities for social activities and physical recreation) for its students and persons in its employment; (g) receive and expend funds; (h) invest its funds in such manner and to such extent as it thinks necessary or expedient; (i) borrow money in such manner and on such securities or terms as it thinks expedient; (j) apply for and receive any grant in aid for its functions on such conditions as it thinks fit; (k) engage any professional or expert person to advise it on any matter; (l) fix and collect fees and charges for courses of study, facilities and other services provided by it and specify conditions for the use of such facilities and services; (m) reduce, waive or refund fees and charges so fixed generally or in any particular case or class of case; (n) receive and solicit gifts, whether on trust or otherwise, on its behalf and act as trustee of moneys or other property vested in it on trust; (o) (Repealed 92 of 1994 s. 10) (p) employ staff, advisers and consultants, on a full time or part time basis; (Added 92 of 1994 s. 10) (q) provide financial assistance by way of grant or loan in pursuance of its objects; (Added 92 of 1994 s. 10) (r) enter into a contract, partnership or other form of joint venture with other persons; (Added 92 of 1994 s. 10) (s) acquire, hold and dispose of interests in other corporate bodies and take part in forming corporate bodies; (Added 92 of 1994 s. 10) (t) provide for profit or otherwise advisory, consultancy, research and other related services. (Added 92 of 1994 s. 10) The Court PART IIA THE COURT (1) There is to be a Court of the University which is the supreme advisory body of the University. (2) The Court shall consist of the Chancellor as chairman and such other persons as the statutes specify. (3) The Court has the following functions- (a) to receive an annual report from the Vice-Chancellor; (b) to consider reports made to it by the Council; (c) to discuss any motion on general University policy; (d) to raise funds at the request of the University to further the University's objects; (e) to promote the interests of the University in Hong Kong and elsewhere. Establishment of the Council PART III THE COUNCIL (1) There is hereby established a Council, to be known as the Council of the City University of Hong Kong. (Amended 92 of 1994 s. 13) (2) The Council is the supreme governing body of the University. (Replaced 92 of 1994 s. 13) (3) The Council may exercise the powers, and shall perform the duties, of the University. (Added 92 of 1994 s. 13) Meetings and procedure of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may appoint. (2) One half of the number of members for the time being shall form a quorum at a meeting of the Council. (Amended 92 of 1994 s. 15) (3) (a) If a member has an interest in any matters to be considered at a meeting of the Council and is present at such meeting, he shall as soon as possible after the commencement of the meeting disclose to the Council the fact and nature of the interest and shall, if required by the Council, withdraw from the meeting while the Council is considering the matter and in any case shall not vote thereon. (b) In this subsection "interest" (利害關係) includes a pecuniary interest. (4) A meeting of the Council may be adjourned by the Chairman or the person presiding or, where the Council so resolves, by the Council. (5) Subject to this Ordinance, the Council may determine its own procedure. (Amended 92 of 1994 s. 15) Transaction of business by circulation of papers The Council may transact any of its business by circulation of papers, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council. Committees generally (1) The Council may create and appoint such committees for any general or special purposes as it thinks fit and any such committee may consist partly of persons who are not members of the Council. (2) The chairman of any committee appointed under subsection (1) shall be appointed by the Council from among the members of the Council. (3) Subject to subsection (4), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate any of its powers and duties to any committee appointed under subsection (1). (4) The Council shall not delegate to any committee appointed under subsection (1) the power- (a) to approve the terms and conditions of service of persons in the employment of the University; (Amended 92 of 1994 s. 16) (b) (Repealed 92 of 1994 s. 16) (c) to authorize the preparation of the statements required under section 19(2); (d) to make statutes under section 21A; (Amended 92 of 1994 s. 16) (e) to appoint the Vice-Chancellor and the Deputy Vice-Chancellor or to remove the Vice-Chancellor and the Deputy Vice-Chancellor from office or to approve the duties of the Vice-Chancellor and the Deputy Vice-Chancellor. (Added 92 of 1994 s. 16) (5) Subject to the directions of the Council, each committee may determine its own procedure at its meetings. Appointment of Vice-Chancellor and other staff PART IV VICE-CHANCELLOR, DEPUTY VICE-CHANCELLOR (1) The Council- (a) shall appoint a Vice-Chancellor who, subject to the control of the Council, is vested the management, conduct and administration of the University, and the welfare and discipline of staff and students; (b) may appoint a Deputy Vice-Chancellor who shall undertake such duties as the Vice-Chancellor may direct; (c) may appoint other persons as employees of the University. (2) The Vice-Chancellor and Deputy Vice-Chancellor are appointed by resolution of the Council passed by the votes of not less than three quarters of its members for the time being. (3) The Vice-Chancellor or Deputy Vice-Chancellor may be removed from office on the ground of his misconduct, incompetence, inefficiency or other good cause by resolution of the Council passed by the votes of not less than three quarters of its members for the time being. (4) The Council may appoint any person to act as Vice-Chancellor during the incapacity or absence from Hong Kong of the Vice-Chancellor or if that office is or becomes vacant for any reason. (5) The Council may appoint any person to act as Deputy Vice-Chancellor during the incapacity or absence from Hong Kong of the Deputy Vice-Chancellor or if that office is or becomes vacant for any reason. Power of the Council to delegate to the Vice-Chancellor (1) The Council may in writing, with or without restrictions or conditions as it thinks fit, delegate to the Vice-Chancellor its powers and duties. (2) The Council shall not delegate t